(2) has any known financial interest in any person that applies for 
or receives a grant, contract, or other form of financial assistance 
under this chapter; 
shall annually file with the Administrator a written statement concerning all 
such interests held by the officer or employee during the preceding calendar 
year. 
(b) PUBLIC AVAILABILITY.—A statement under subsection (a) shall be 
available to the public. 
(c) IMPLEMENTATION OF REQUIREMENTS.—The Administrator shall— 
(1) define the term ‘‘known financial interest’’ for purposes of sub-
section (a); and 
(2) establish the methods by which the requirement to file written 
statements specified in subsection (a) will be monitored and enforced, 
including appropriate provision for the filing by officers and employees 
of statements under subsection (a) and the review by the Administrator 
of the statements. 
(d) EXEMPTION OF POSITIONS BY ADMINISTRATOR.—In the regulations 
prescribed under subsection (c), the Administrator may identify specific po-
sitions of a nonpolicymaking nature within EPA and provide that officers 
or employees occupying those positions shall be exempt from the require-
ments of this section. 
(e) CRIMINAL PENALTIES.—Criminal penalties for a violation of this sec-
tion are provided under section 731 of title 18. 
Subchapter II—Provisions Enacted by the 
Environmental Research, Development, 
and Demonstration Authorization Act of 
1979 
§ 109201. Grants to qualified citizens groups 
(a) DEFINITION OF QUALIFIED CITIZENS GROUP.—In this section, the 
term ‘‘qualified citizens group’’ means a nonprofit organization of citizens 
that— 
(1) has an area-based focus; 
(2) is not single-issue oriented; and 
(3) demonstrates a prior record of interest and involvement in goal- 
setting and research concerned with improving the quality of life, in-
cluding plans to identify, protect, and enhance significant natural and 
cultural resources and the environment. 
(b) GRANTS.—The Administrator may make a grant to a qualified citi-
zens group in a State or region for the purpose of supporting and encour-
aging participation by the qualified citizens group in— 
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(1) determining how scientific, technological, and social trends and 
changes affect the future environment and quality of life of an area; 
and 
(2) setting goals and identifying measures for improvement. 
(c) ELIGIBILITY.—A qualified citizens group shall be eligible for assist-
ance under this section only if the qualified citizens group is certified by 
the Governor in consultation with the State legislature as a bona fide orga-
nization entitled to receive Federal assistance to pursue the aims of the pro-
gram under this section. The qualified citizens group shall further dem-
onstrate its capacity to employ usefully the funds for the purposes of the 
program and its broad-based representative nature. 
(d) AMOUNT.—A grant made under this section shall not exceed 75 per-
cent of the estimated cost of the project or program for which the grant 
is made, and no qualified citizens group shall receive more than $50,000 
in any 1 year. 
(e) ANNUAL RENEWAL.—After an initial application of a qualified citi-
zens group for assistance under this section has been approved, the Admin-
istrator may make grants to the qualified citizens group on an annual basis, 
on condition that the Governor recertify the qualified citizens group and 
that the applicant submit to the Administrator annually— 
(1) an evaluation of the progress made during the previous year in 
meeting the objectives for which the grant was made; 
(2) a description of any changes in the objectives of the activities; 
and 
(3) a description of the proposed activities for the succeeding one- 
year period. 
(f) NO LOBBYING
OR LITIGATION.—No financial assistance provided 
under this section shall be used to support lobbying or litigation by any re-
cipient qualified citizens group. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap-
propriated to EPA for grants to qualified citizens groups in States and re-
gions $3,000,000. 
§ 109202. Miscellaneous reports 
(a) AVAILABILITY TO CONGRESSIONAL COMMITTEES.—All reports to or 
by the Administrator relevant to EPA’s program of research, development, 
and demonstration shall promptly be made available to the Committee on 
Science and Technology of the House of Representatives and the Committee 
on Environment and Public Works of the Senate, unless otherwise prohib-
ited by law. 
(b) INFORMATION WITH RESPECT TO MATTERS FALLING WITHIN OR 
RELATED TO COMMITTEE JURISDICTION.—The Administrator shall keep 
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the Committee on Science and Technology of the House of Representatives 
and the Committee on Environment and Public Works of the Senate fully 
and currently informed with respect to matters falling within or related to 
the jurisdiction of the committees. 
(c) AVAILABILITY OF RESEARCH INFORMATION TO THE DEPARTMENT OF 
ENERGY.—For the purpose of assisting the Department of Energy in plan-
ning and assigning priorities in research, development, and demonstration 
activities related to environmental control technologies, the Administrator 
shall actively make available to the Department all information on research 
activities and results of research programs of EPA. 
§ 109203. Staff management 
(a) APPOINTMENTS FOR EDUCATIONAL PROGRAMS.— 
(1) IN GENERAL.—The Administrator may select and appoint up to 
75 full-time permanent staff members in the Office of Research and 
Development to pursue full-time educational programs for the purpose 
of— 
(A) securing an advanced degree; or 
(B) securing academic training; 
for the purpose of making a career change in order to better carry out 
EPA’s research mission. 
(2) RULES AND CRITERIA.—The Administrator shall select and ap-
point staff members for assignments under paragraph (1) according to 
rules and criteria promulgated by the Administrator. 
(3) PAY.—The Administrator may continue to pay the salary and 
benefits of the appointees under paragraph (1) and reasonable and ap-
propriate relocation expenses and tuition. 
(4) TERM.—The term of each appointment under paragraph (1) 
shall be for up to 1 year, with a single renewal of up to 1 year in ap-
propriate cases at the discretion of the Administrator. 
(5) PERSONNEL CEILING.—Staff members appointed under para-
graph (1) shall not count against any EPA personnel ceiling during the 
term of their appointment. 
(b) POST-DOCTORAL RESEARCH FELLOWS.— 
(1) IN GENERAL.—The Administrator may appoint up to 25 post- 
doctoral research fellows in accordance with section 213.3102(aa) of 
title 5, Code of Federal Regulations. 
(2) PERSONNEL CEILING.—Post-doctoral research fellows appointed 
under paragraph (1) shall not count against any EPA personnel ceil-
ing. 
(c) NON-GOVERNMENT RESEARCH ASSOCIATES.— 
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(1) IN GENERAL.—The Administrator may, and is encouraged to, 
utilize research associates from outside the Federal Government in con-
ducting the research, development, and demonstration programs of 
EPA. 
(2) SELECTION; RULES
AND
CRITERIA.—Research associates de-
scribed in paragraph (1) shall be selected and shall serve according to 
rules and criteria promulgated by the Administrator. 
(d) WOMEN AND MINORITY GROUPS.—For all programs under this sec-
tion, the Administrator shall place special emphasis on providing opportuni-
ties for education and training of women and minority groups. 
Subchapter III—Provisions Enacted by the 
Environmental Research, Development, 
and Demonstration Authorization Act of 
1980 
§ 109301. Energy-related pollution control technologies and 
environmental protection projects 
(a) ENERGY-RELATED POLLUTION CONTROL TECHNOLOGIES.—The Ad-
ministrator shall continue to be responsible for conducting and shall con-
tinue to conduct full-scale demonstrations of energy-related pollution control 
technologies as necessary in the Administrator’s judgment to fulfill— 
(1) division A of subtitle II; 
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.); and 
(3) other pertinent pollution control statutes. 
(b) ENERGY-RELATED ENVIRONMENTAL PROTECTION PROJECTS.—En-
ergy-related environmental protection projects authorized to be administered 
by the Administrator under the Environmental Research, Development, and 
Demonstration Authorization Act of 1980 (94 Stat. 325) shall not be trans-
ferred administratively to the Department of Energy or reduced through 
budget amendment. No action shall be taken through administrative or 
budgetary means to diminish the ability of the Administrator to initiate 
such projects. 
§ 109302. Information about environmental research and de-
velopment activities 
The Administrator shall keep the appropriate committees of Congress 
fully and currently informed about all aspects of the environmental research 
and development activities of EPA. 
§ 109303. Reimbursement for use of facilities 
(a) IN GENERAL.—The Administrator may allow appropriate use of spe-
cial EPA research and test facilities by outside groups or individuals and 
receive reimbursement or fees for costs incurred in connection with such use 
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when the Administrator finds it to be in the public interest. Such reimburse-
ment or fees shall be used by the Administrator to defray the costs of use 
by outside groups or individuals. 
(b) REGULATIONS.—The Administrator may promulgate regulations to 
cover the use of EPA facilities under subsection (a) in accordance with gen-
erally accepted accounting, safety, and laboratory practices. 
(c) WAIVER OF REIMBURSEMENT.—When the Administrator finds it is in 
the public interest, the Administrator may waive reimbursement or fees for 
outside use of EPA facilities by nonprofit private or public entities. 
Subchapter IV—Provision Enacted by the 
Environmental Research, Development, 
and Demonstration Authorization Act of 
1981 
§ 109401. Continuing and long-term environmental research 
and development 
(a) IN GENERAL.—The Administrator shall establish a separately identi-
fied program of continuing, long-term environmental research and develop-
ment for— 
(1) air quality activities under division A of subtitle II; 
(2) water quality activities under the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(3) water supply activities under the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(4) solid waste activities under the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
(5) pesticide activities under the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.); 
(6) radiation activities under the Public Health Service Act (42 
U.S.C. 201 et seq.); 
(7) interdisciplinary activities in the Health and Ecological Effects 
program and the Monitoring and Technical Support program; 
(8) toxic substance activities under the Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.); and 
(9) energy activities in the Health and Ecological Effects program 
and the Energy Control program. 
(b) USE OF APPROPRIATED FUNDS.—Unless otherwise specified by law, 
at least 15 percent of funds appropriated to the Administrator for environ-
mental research and development for each activity listed in subsection (a) 
shall be obligated and expended for long-term environmental research and 
development under subsection (a). 
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Chapter 111—Provisions Applicable to 
More Than 1 Subtitle or Other Law 
Sec. 
111101.
Oklahoma Indian country. 
§ 111101. Oklahoma Indian country 
(a) ADMINISTRATION OF STATE PROGRAMS BY THE STATE.—Notwith-
standing any other provision of law, if the Administrator determines that 
a regulatory program submitted by the State of Oklahoma for approval by 
the Administrator under a law administered by the Administrator meets ap-
plicable requirements of the law, and the Administrator approves the State 
to administer the State program under the law with respect to areas in the 
State that are not Indian country, on request of the State, the Adminis-
trator shall approve the State to administer the State program in the areas 
of the State that are in Indian country, without any further demonstration 
of authority by the State. 
(b) TREATMENT AS STATE.—Notwithstanding any other provision of law, 
the Administrator may treat an Indian tribe in the State of Oklahoma as 
a State under a law administered by the Administrator only if— 
(1) the Indian tribe meets requirements under the law to be treated 
as a State; and 
(2) the Indian tribe and the agency of the State of Oklahoma with 
federally delegated program authority enter into a cooperative agree-
ment, subject to review and approval of the Administrator after notice 
and opportunity for public hearing, under which the Indian tribe and 
that State agency agree to treatment of the Indian tribe as a State and 
to jointly plan and administer program requirements. 
Chapters 113 through 197—Reserved 
Chapter 199—Miscellaneous 
Sec. 
199101.
Interagency cooperation on prevention of environmental cancer and heart and lung 
disease. 
199102.
Utilization of talents of older Americans in projects of pollution prevention, abate-
ment, and control. 
199103.
Indian environmental general assistance program. 
199104.
EPA fees. 
199105.
Availability of fees and charges deposited in the Licensing and Other Services Fund 
to carry out EPA programs. 
199106.
Percentage of Federal funding for organizations owned by socially and economically 
disadvantaged individuals. 
199107.
Working capital fund. 
199108.
Availability of funds after expiration of period for liquidating obligations. 
§ 199101. Interagency cooperation on prevention of environ-
mental cancer and heart and lung disease 
(a) TASK FORCE.—There shall be established a Task Force on Environ-
mental Cancer and Heart and Lung Disease (referred to in this section as 
the ‘‘Task Force’’). 
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(b) MEMBERSHIP; CHAIR.—The Task Force— 
(1) shall include— 
(A) representatives of EPA, the National Cancer Institute, the 
National Heart, Lung, and Blood Institute, the National Institute 
of Occupational Safety and Health, and the National Institute on 
Environmental Health Sciences; and 
(B) the Director of the National Center for Health Statistics 
and the head of the Centers for Disease Control and Prevention 
(or the successor to that entity); and 
(2) shall be chaired by the Administrator. 
(c) DUTIES.—The Task Force shall— 
(1) recommend a comprehensive research program to determine and 
quantify the relationship between environmental pollution and human 
cancer and heart and lung disease; 
(2) recommend comprehensive strategies to reduce or eliminate the 
risks of cancer or heart and lung disease associated with environmental 
pollution; 
(3) recommend research and such other measures as may be appro-
priate to prevent or reduce the incidence of environmentally related 
cancer and heart and lung diseases; and 
(4) coordinate research by, and stimulate cooperation between, EPA, 
the Department of Health and Human Services, and such other agen-
cies as may be appropriate to prevent environmentally related cancer 
and heart and lung diseases. 
§ 199102. Utilization of talents of older Americans in 
projects of pollution prevention, abatement, and 
control 
(a) TECHNICAL ASSISTANCE TO ENVIRONMENTAL AGENCIES.—Notwith-
standing any other provision of law relating to Federal grants and coopera-
tive agreements, the Administrator may make a grant to, or enter into a 
cooperative agreement with, a private nonprofit organization designated by 
the Secretary of Labor under title V of the Older Americans Act of 1965 
(42 U.S.C. 3056 et seq.) to utilize the talents of older Americans in pro-
grams authorized by other provisions of law administered by the Adminis-
trator (and consistent with those provisions of law) in providing technical 
assistance to Federal, State, and local environmental agencies for projects 
of pollution prevention, abatement, and control. 
(b) PRE-AWARD CERTIFICATIONS.—Prior to awarding any grant or 
agreement under subsection (a), the Federal, State, or local environmental 
agency shall certify to the Administrator that the grant or agreement will 
not— 
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(1) result in the displacement of individuals currently employed by 
the environmental agency concerned (including partial displacement 
through reduction of nonovertime hours, wages, or employment bene-
fits); 
(2) result in the employment of any individual when any other per-
son is in a layoff status from the same or substantially equivalent job 
within the jurisdiction of the environmental agency concerned; or 
(3) affect existing contracts for services. 
(c) FUNDING.— 
(1) IN GENERAL.—Funding for grants or agreements under this sec-
tion may be made available from programs described in subsection (a) 
or through title V of the Older Americans Act of 1965 (42 U.S.C. 3056 
et seq.) and subtitle D of title I of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3221 et seq.). 
(2) PRIOR APPROPRIATION ACTS.—Grants or agreements awarded 
under this section shall be subject to prior appropriation Acts. 
§ 199103. Indian environmental general assistance program 
(a) PURPOSES.—The purposes of this section are to— 
(1) provide general assistance grants to Indian tribal governments 
and intertribal consortia to build capacity to administer environmental 
regulatory programs that may be delegated by the Administrator on In-
dian land; and 
(2) provide technical assistance from the Administrator to Indian 
tribal governments and intertribal consortia in the development of 
multimedia programs to address environmental issues on Indian land. 
(b) DEFINITIONS.—In this section: 
(1) INDIAN TRIBAL GOVERNMENT.—The term ‘‘Indian tribal govern-
ment’’ means any Indian tribe, band, nation, or other organized group 
or community, including any Alaska Native village or regional or village 
corporation (as defined in, or established pursuant to, the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recog-
nized as eligible for the special services provided by the United States 
to Indians because of their status as Indians. 
(2) INTERTRIBAL CONSORTIUM.—The term ‘‘intertribal consortium’’ 
means a partnership between 2 or more Indian tribal governments au-
thorized by the governing bodies of those Indian tribes to apply for and 
receive assistance pursuant to this section. 
(c) GENERAL ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Administrator shall establish an Indian envi-
ronmental general assistance program that provides grants to eligible 
Indian tribal governments or intertribal consortia to cover the costs of 
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planning, developing, and establishing environmental protection pro-
grams consistent with other applicable provisions of law providing for 
enforcement of such laws by Indian tribes on Indian land. 
(2) GRANT AMOUNT.—Each grant awarded for general assistance 
under this subsection for a fiscal year shall be not less than $75,000, 
and no single grant may be awarded to an Indian tribal government 
or intertribal consortium for more than 10 percent of the funds appro-
priated to carry out this section. 
(3) GRANT TERM.—The term of any general assistance award made 
under this subsection may exceed 1 year. Any award made pursuant 
to this section shall remain available until expended. An Indian tribal 
government or intertribal consortium may receive a general assistance 
grant for a period of up to 4 years in each specific media area. 
(d) NO REDUCTION IN AMOUNTS.—In no case shall the award of a gen-
eral assistance grant to an Indian tribal government or intertribal consor-
tium under this section result in a reduction of EPA grants for environ-
mental programs to that tribal government or consortium. Nothing in this 
section shall preclude an Indian tribal government or intertribal consortium 
from receiving individual media grants or cooperative agreements. Funds 
provided by the Administrator through the general assistance program shall 
be used by an Indian tribal government or intertribal consortium to supple-
ment other funds provided by the Administrator through individual media 
grants or cooperative agreements. 
(e) EXPENDITURE OF GENERAL ASSISTANCE.—Any general assistance 
under this section shall be expended for the purpose of planning, developing, 
and establishing the capability to implement programs administered by the 
Administrator and specified in the assistance agreement. Purposes and pro-
grams authorized under this section shall include the development and im-
plementation of solid and hazardous waste programs for Indian land. An In-
dian tribal government or intertribal consortium receiving general assistance 
pursuant to this section shall utilize the funds for programs and purposes 
to be carried out in accordance with the terms of the assistance agreement. 
The programs and general assistance shall be carried out in accordance with 
the purposes and requirements of applicable provisions of law (including the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)). 
(f) PROCEDURES.— 
(1) REGULATIONS.—The Administrator shall promulgate regulations 
establishing procedures under which an Indian tribal government or 
intertribal consortium may apply for general assistance grants under 
this section. 
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(2) ACCOUNTING, AUDITING, EVALUATING, AND REVIEWING.—The 
Administrator shall establish procedures for accounting, auditing, eval-
uating, and reviewing any programs or activities funded in whole or in 
part by a general assistance grant under this section. 
(g) REPORTS TO CONGRESS.—The Administrator shall submit an annual 
report to the appropriate Committees of Congress with jurisdiction over the 
applicable environmental laws and Indian tribes describing which Indian 
tribes or intertribal consortia have been granted approval by the Adminis-
trator pursuant to law to enforce certain environmental laws and the effec-
tiveness of any such enforcement. 
§ 199104. EPA fees 
(a) ASSESSMENT AND COLLECTION.—The Administrator shall by regula-
tion assess and collect fees and charges for services and activities carried 
out pursuant to laws administered by the Administrator. 
(b) LIMITATION ON FEES AND CHARGES.— 
(1) CERTAIN PROGRAMS.—The maximum aggregate amount of fees 
and charges in excess of the amounts being collected under law in ef-
fect as of November 5, 1980, that may be assessed and collected pursu-
ant to this section in a fiscal year— 
(A) for services and activities carried out pursuant to the Fed-
eral Water Pollution Control Act (33 U.S.C. 1251 et seq.) is 
$10,000,000; and 
(B) for services and activities in programs within the jurisdic-
tion of the Committee on Energy and Commerce of the House of 
Representatives and administered by the Administrator shall be 
limited to— 
(i) such sums collected as of November 5, 1990, pursuant 
to sections 26(b) and 305(d)(2) of the Toxic Substances Con-
trol Act (15 U.S.C. 2625(b), 2665(d)(2)); and 
(ii) such sums specifically authorized by Public Law 101– 
549 (commonly known as the Clean Air Act Amendments of 
1990). 
(2) OTHER PROGRAMS.—Any remaining amounts required to be col-
lected under this section shall be collected from services and programs 
administered by the Administrator other than those specified in sub-
paragraphs (A) and (B) of paragraph (1). 
(c) RULE OF CONSTRUCTION.—Nothing in this section increases or di-
minishes the authority of the Administrator to promulgate regulations pur-
suant to section 9701 of title 31. 
(d) USES OF FEES.—Fees and charges collected pursuant to this section 
shall be deposited in the Treasury in a special account for environmental 
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services. Subject to appropriation Acts, such funds shall be available to the 
Administrator to carry out the activities for which the fees and charges are 
collected. Such funds shall remain available until expended. 
§ 199105. Availability of fees and charges deposited in the 
Licensing and Other Services Fund to carry out 
EPA programs 
Amounts deposited in the Licensing and Other Services Fund from fees 
and charges assessed and collected by the Administrator for services and ac-
tivities carried out pursuant to the statutes administered by the Adminis-
trator shall be available to carry out EPA’s activities in the programs for 
which the fees or charges are made. 
§ 199106. Percentage of Federal funding for organizations 
owned by socially and economically disadvantaged 
individuals 
(a) IN GENERAL.—The Administrator shall, to the fullest extent possible, 
ensure that at least 8 percent of Federal funding for prime and sub-
contracts awarded in support of authorized programs, including grants, 
loans, and contracts for wastewater treatment and leaking underground 
storage tanks grants, be made available to business concerns or other orga-
nizations owned or controlled by socially and economically disadvantaged in-
dividuals (within the meaning of paragraphs (5) and (6) of section 8(a) of 
the Small Business Act (15 U.S.C. 637(a))), including historically black col-
leges and universities. 
(b) WOMEN.—For purposes of this section, economically and socially dis-
advantaged individuals shall be deemed to include women. 
§ 199107. Working capital fund 
(a) ESTABLISHMENT.—There is established in the Treasury a working 
capital fund, to be available without fiscal year limitation for expenses and 
equipment necessary for the maintenance and operation of such administra-
tive services as the Administrator determines may be performed more ad-
vantageously as central services. 
(b) USE OF ASSETS TO CAPITALIZE FUND.—Any inventories, equipment, 
and other assets pertaining to the services to be provided by the working 
capital fund, either on hand or on order, less the related liabilities or unpaid 
obligations, and any appropriations made for the purpose of providing cap-
ital, shall be used to capitalize the working capital fund. 
(c) PAYMENT OR REIMBURSEMENT.—The working capital fund shall be 
paid in advance or reimbursed from funds available to EPA and other Fed-
eral agencies for which such centralized services are performed, at rates that 
will return in full all expenses of operation, including— 
(1) accrued leave; 
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(2) depreciation of fund plant and equipment; 
(3) amortization of automated data processing software and systems 
(either acquired or donated); and 
(4) an amount necessary to maintain a reasonable operating reserve, 
as determined by the Administrator. 
(d) COMPETITION.—The working capital fund shall provide services on a 
competitive basis. 
(e) RESERVE.— 
(1) IN GENERAL.—An amount not to exceed 4 percent of the total 
income to the working capital fund during a fiscal year may be retained 
in the fund, to remain available until expended, to be used for the ac-
quisition of capital equipment and for the improvement and implemen-
tation of EPA financial management, automated data processing, and 
other support systems. 
(2) EXCESS.—Not later than 30 days after the end of each fiscal 
year, amounts in excess of the reserve limitation under paragraph (1) 
shall be transferred to the Treasury. 
§ 199108. Availability of funds after expiration of period for 
liquidating obligations 
For any fiscal year, the obligated balances of sums available in multiple- 
year appropriations accounts shall remain available through the 7th fiscal 
year after their period of availability has expired for liquidating obligations 
made during the period of availability. 
Subtitle II—Air 
Division A—Clean Air 
Subdivision 1—General Provisions 
Chapter 201—Definitions 
Sec. 
201101. Definitions. 
§ 201101. Definitions 
In this division: 
(1) AIR POLLUTANT.— 
(A) IN GENERAL.—The term ‘‘air pollutant’’ means any air pol-
lution agent or combination of air pollution agents (including any 
physical, chemical, biological, radioactive (including source mate-
rial, special nuclear material, and byproduct material) substance 
or matter) that is emitted into or otherwise enters the ambient air. 
(B) INCLUSIONS.—The term ‘‘air pollutant’’ includes any pre-
cursor or precursors to the formation of any air pollutant, to the 
extent that the Administrator has identified the precursor or pre-
cursors for the particular purpose for which the term ‘‘air pollut-
ant’’ is used. 
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(2) AIR POLLUTION CONTROL AGENCY.—The term ‘‘air pollution 
control agency’’ means any of the following: 
(A) A single State agency designated by the Governor of a State 
as the official State air pollution control agency for purposes of 
this division. 
(B) An agency established by 2 or more States and having sub-
stantial powers or duties pertaining to the prevention and control 
of air pollution. 
(C)(i) A city, county, or other local government health author-
ity; or 
(ii) in the case of any city, county, or other local government 
in which there is an agency other than the health authority 
charged with responsibility for enforcing ordinances or laws relat-
ing to the prevention and control of air pollution, that agency. 
(D) An agency of 2 or more municipalities located in the same 
State or in different States and having substantial powers or du-
ties pertaining to the prevention and control of air pollution. 
(E) An agency of an Indian tribe. 
(3) AIR QUALITY CONTROL REGION.—The term ‘‘air quality control 
region’’ means an air quality control region designated under section 
211107 of this title. 
(4) APPLICABLE IMPLEMENTATION PLAN.—The term ‘‘applicable im-
plementation plan’’ means the portion (or portions) of an implementa-
tion plan, or most recent revision of an implementation plan, that— 
(A) has been approved under section 211110 of this title, pro-
mulgated under section 211110(c) of this title, or promulgated or 
approved pursuant to regulations promulgated under section 
203101(d) of this title; and 
(B) implements the relevant requirements of this division. 
(5) CO.—The term ‘‘CO’’ means carbon monoxide. 
(6) COMPLIANCE
SCHEDULE.—The term ‘‘compliance schedule’’ 
means a schedule of required measures including an enforceable se-
quence of actions or operations leading to compliance with an emission 
limitation, other limitation, prohibition, or standard. 
(7) CONTROL TECHNIQUE GUIDELINE.—The term ‘‘control technique 
guideline’’ means a control technique guideline published by the Admin-
istrator under section 211108 of this title. 
(8) DELAYED COMPLIANCE ORDER.—The term ‘‘delayed compliance 
order’’ means an order issued by a State or by the Administrator to 
an existing stationary source, postponing the date required under an 
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applicable implementation plan for compliance by the source with any 
requirement of the applicable implementation plan. 
(9) EMISSION LIMITATION; EMISSION STANDARD.— 
(A) IN GENERAL.—The terms ‘‘emission limitation’’ and ‘‘emis-
sion standard’’ mean a requirement established by a State or the 
Administrator that limits the quantity, rate, or concentration of 
emissions of air pollutants on a continuous basis. 
(B) INCLUSIONS.—The terms ‘‘emission limitation’’ and ‘‘emis-
sion standard’’ include— 
(i) any requirement relating to the operation or mainte-
nance of a source to ensure continuous emission reduction; 
and 
(ii) any design, equipment, work practice, or operational 
standard promulgated under this division. 
(10) FEDERAL IMPLEMENTATION PLAN.—The term ‘‘Federal imple-
mentation plan’’ means a plan (or portion of a plan) that— 
(A) is promulgated by the Administrator to fill all or a portion 
of a gap, or otherwise correct all or a portion of an inadequacy, 
in a State implementation plan; 
(B) includes enforceable emission limitations or other control 
measures, means, or techniques (including economic incentives, 
such as marketable permits or auctions of emissions allowances); 
and 
(C) provides for attainment of the relevant NAAQS. 
(11) FEDERAL LAND MANAGER.—The term ‘‘Federal land manager’’ 
means, with respect to any land in the United States, the Secretary 
of the department with authority over the land. 
(12) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian 
tribe, band, nation, or other organized group or community, including 
any Alaska Native village, that is Federally recognized as eligible for 
the special programs and services provided by the United States to In-
dians because of their status as Indians. 
(13) INTERSTATE
AIR
POLLUTION
CONTROL
AGENCY.—The term 
‘‘interstate air pollution control agency’’ means— 
(A) an air pollution control agency established by 2 or more 
States; or 
(B) an air pollution control agency of 2 or more municipalities 
located in different States. 
(14) MAJOR EMITTING FACILITY; MAJOR STATIONARY SOURCE.—The 
terms ‘‘major emitting facility’’ and ‘‘major stationary source’’ mean 
any stationary facility or source of air pollutants that directly emits, 
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or has the potential to emit, 100 tons per year or more of any air pol-
lutant (including any major emitting facility or source of fugitive emis-
sions of any such pollutant, as determined by regulation by the Admin-
istrator). 
(15) MEANS OF EMISSION LIMITATION.— 
(A) IN GENERAL.—The term ‘‘means of emission limitation’’ 
means a system of continuous emission reduction. 
(B) INCLUSIONS.—The term ‘‘means of emission limitation’’ in-
cludes the use of specific technology or fuels with specified pollu-
tion characteristics. 
(16) MUNICIPALITY.—The term ‘‘municipality’’ means a city, town, 
borough, county, parish, district, or other public body created by or 
pursuant to State law. 
(17) NAAQS.—The term ‘‘NAAQS’’ means a national ambient air 
quality standard. 
(18) NOx.—The term ‘‘NOx’’ means a nitrogen oxide. 
(19) PERSON.—The term ‘‘person’’ includes an individual, corpora-
tion, partnership, association, State, municipality, political subdivision 
of a State, and any agency, department, or instrumentality of the 
United States and any officer, agent, or employee thereof. 
(20) PM–10.—The term ‘‘PM–10’’ means particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers, 
as measured by such method as the Administrator may determine. 
(21) PRIMARY STANDARD ATTAINMENT DATE.—The term ‘‘primary 
standard attainment date’’ means the date specified in an applicable 
implementation plan for the attainment of a primary NAAQS for any 
air pollutant. 
(22) RACT/BACT/LAER 
CLEARINGHOUSE.—The tern ‘‘RACT/ 
BACT/LAER clearinghouse’’ means the database maintained under 
section 211108(h) of this title. 
(23) STANDARD OF PERFORMANCE.— 
(A) IN GENERAL.—The term ‘‘standard of performance’’ means 
a requirement of continuous emission reduction. 
(B) INCLUSIONS.—The term ‘‘standard of performance’’ in-
cludes any requirement relating to the operation or maintenance 
of a source to ensure continuous emission reduction. 
(24) STATE.—The term ‘‘State’’ means a State, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
the Northern Mariana Islands. 
(25) STATIONARY SOURCE.—The term ‘‘stationary source’’ means 
any source of an air pollutant except emissions resulting directly from 
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an internal combustion engine for transportation purposes or from a 
nonroad engine or nonroad vehicle (as defined in section 221101 of this 
title). 
(26) VOLATILE ORGANIC COMPOUND; VOC.—The terms ‘‘volatile or-
ganic compound’’ and ‘‘VOC’’ mean a volatile organic compound as de-
fined by the Administrator. 
(27) WELFARE.—All language referring to effects on welfare in-
cludes— 
(A) effects on soil, water, crops, vegetation, manmade materials, 
animals, wildlife, weather, visibility, and climate; 
(B) damage to and deterioration of property; 
(C) hazards to transportation; and 
(D) effects on economic values and on personal comfort and 
well-being; 
whether or not any of the foregoing is caused by transformation of an 
air pollutant, conversion of an air pollutant, or a combination of an air 
pollutant with other air pollutants. 
Chapter 203—Administrative and 
Procedural Provisions 
Sec. 
203101. Administration. 
203102. General provisions relating to administrative proceedings and judicial review. 
203103. Emergency powers. 
203104. Citizen suits. 
203105. Representation in litigation. 
§ 203101. Administration 
(a) REGULATIONS; DELEGATION OF POWERS AND DUTIES; REGIONAL 
OFFICERS AND EMPLOYEES.— 
(1) IN GENERAL.—The Administrator may prescribe such regula-
tions as are necessary to carry out the Administrator’s functions under 
this division. The Administrator may delegate to any officer or em-
ployee of EPA such of the Administrator’s powers and duties under 
this division, except the making of regulations subject to section 
203102(d) of this title, as the Administrator considers necessary or ex-
pedient. 
(2) PROCEDURES AND POLICIES FOR REGIONAL OFFICERS AND EM-
PLOYEES.— 
(A) IN GENERAL.—The Administrator shall promulgate regula-
tions establishing general applicable procedures and policies for re-
gional officers and employees (including a Regional Administrator) 
to follow in carrying out a delegation under paragraph (1), if any. 
(B) DESIGN.—The regulations shall be designed to— 
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(i) ensure fairness and uniformity in the criteria, proce-
dures, and policies applied by the various EPA regions in im-
plementing and enforcing this division; 
(ii) ensure at least an adequate quality audit of each 
State’s performance and adherence to the requirements of 
this division in implementing and enforcing This division, par-
ticularly in the review of new sources and in enforcement of 
this division; and 
(iii) provide a mechanism for identifying and standardizing 
inconsistent or varying criteria, procedures, and policies being 
employed by regional officers and employees in implementing 
and enforcing this division. 
(b) DETAIL OF EPA PERSONNEL TO AIR POLLUTION CONTROL AGEN-
CIES.—On the request of an air pollution control agency, EPA personnel 
may be detailed to the air pollution control agency for the purpose of car-
rying out this division. 
(c) PAYMENTS UNDER GRANTS; INSTALLMENTS; ADVANCES OR REIM-
BURSEMENTS.—Payments under grants made under this division may be 
made in installments, and in advance or by way of reimbursement, as may 
be determined by the Administrator. 
(d) TRIBAL AUTHORITY.— 
(1) IN GENERAL.—Subject to paragraph (2), the Administrator— 
(A) may treat Indian tribes as States under this division, except 
for purposes of the requirement that makes available for applica-
tion by each State not less than 0.5 percent of annual appropria-
tions under section 211105 of this title; and 
(B) may provide any Indian tribe grant and contract assistance 
to carry out functions provided by this division. 
(2) REGULATIONS.— 
(A) IN GENERAL.—The Administrator shall promulgate regula-
tions specifying the provisions of this division for which it is ap-
propriate to treat Indian tribes as States. 
(B) REQUIREMENTS.—The Administrator may treat an Indian 
tribe as a State only if— 
(i) the Indian tribe has a governing body carrying out sub-
stantial governmental duties and powers; 
(ii) the functions to be exercised by the Indian tribe pertain 
to the management and protection of air resources within the 
exterior boundaries of the reservation or other areas within 
the Indian tribe’s jurisdiction; and 
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(iii) the Indian tribe is reasonably expected to be capable, 
in the judgment of the Administrator, of carrying out the 
functions to be exercised in a manner consistent with the 
terms and purposes of this division (including all applicable 
regulations). 
(3) TRIBAL IMPLEMENTATION PLANS.—The Administrator may pro-
mulgate regulations that establish the elements of tribal implementa-
tion plans and procedures for approval or disapproval of tribal imple-
mentation plans and portions of tribal implementation plans. 
(4) TREATMENT.—In any case in which the Administrator deter-
mines that the treatment of Indian tribes as identical to States is inap-
propriate or administratively infeasible, the Administrator may provide, 
by regulation, other means by which the Administrator will directly ad-
minister the provisions specified under paragraph (2) so as to achieve 
the appropriate purpose. 
§ 203102. General provisions relating to administrative pro-
ceedings and judicial review 
(a) ADMINISTRATIVE SUBPOENAS.— 
(1) IN GENERAL.—In connection with any determination under sec-
tion 211110(d) of this title, or for purposes of obtaining information 
under section 221111(d)(3) of this title, any investigation, monitoring, 
reporting requirement, entry, compliance inspection, or administrative 
enforcement proceeding under this division (including under section 
203103, 209101, 211113, 211114, 211119, 211128, 213109, 221105, 
221106, or 221108 of this title), the Administrator may— 
(A) issue subpoenas for the attendance and testimony of wit-
nesses and the production of relevant records; and 
(B) administer oaths. 
(2) TRADE
SECRETS; SECRET
PROCESSES.—Except for emission 
data, on a showing satisfactory to the Administrator by an owner or 
operator that records or information or any part thereof subpoenaed 
under paragraph (1), if made public, would divulge trade secrets or se-
cret processes of the owner or operator, the Administrator shall con-
sider the record or part of a record confidential in accordance with sec-
tion 1905 of title 18, except that the record may be disclosed— 
(A) to other officers, employees, or authorized representatives of 
the United States concerned with carrying out this division; or 
(B) when relevant in any proceeding under this division. 
(3) PAYMENT OF WITNESSES.—A witness summoned shall be paid 
the same fees and mileage that are paid witnesses in the courts of the 
United States. 
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(4) CONTUMACY; REFUSAL TO OBEY SUBPOENA.—In case of contu-
macy or refusal to obey a subpoena served on any person under this 
subsection— 
(A) the United States district court for any district in which the 
person is found or resides or transacts business, on application by 
the United States and after notice to the person, shall have juris-
diction to issue an order requiring the person to appear and give 
testimony before the Administrator, to appear and produce records 
before the Administrator, or both; and 
(B) any failure to obey such a court order may be punished by 
the court as a contempt of court. 
(b) JUDICIAL REVIEW.— 
(1) PLACE FOR REVIEW.— 
(A) DISTRICT OF COLUMBIA CIRCUIT.— 
(i) IN GENERAL.—A petition for review of an action of the 
Administrator described in clause (ii) may be filed only in the 
United States Court of Appeals for the District of Columbia 
Circuit. 
(ii) ACTION.—An action referred to in clause (i) is— 
(I) an action of the Administrator in promulgating 
any— 
(aa) primary or secondary NAAQS; 
(bb) emission standard or requirement under sec-
tion 211112 of this title; 
(cc) standard of performance or requirement 
under section 211111 of this title; 
(dd) standard under section 221102 of this title 
(other than a standard required to be prescribed 
under section 221102(b)(1) of this title); 
(ee) control or prohibition under section 221111 
of this title; 
(ff)) standard under section 223102 of this title; 
or 
(gg) regulation issued under section 211113 or 
211119 of this title; or 
(II) an action of the Administrator in promulgating 
any other nationally applicable regulation or taking any 
other nationally applicable final action under this divi-
sion. 
(B) OTHER CIRCUITS.— 
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(i) IN GENERAL.—A petition for review of an action of the 
Administrator described in clause (ii) may be filed only in the 
United States Court of Appeals for the appropriate circuit. 
(ii) ACTION.—An action referred to in clause (i) is— 
(I) an action of the Administrator in approving or pro-
mulgating any— 
(aa) implementation plan under section 211110 
or 211111(d) of this title; or 
(bb) order under section 211111(h), 211112, or 
211119 of this title; 
(II) an action of the Administrator revising regula-
tions for enhanced monitoring and compliance certifi-
cation programs under section 211114(a)(3) of this title; 
or 
(III) any other final action of the Administrator under 
this division (including any denial or disapproval by the 
Administrator under subdivision 2) that is locally or re-
gionally applicable. 
(iii) DETERMINATION
OF
NATIONWIDE
SCOPE
OR
EF-
FECT.—Notwithstanding clauses (i) and (ii), a petition for re-
view of any action described in clause (ii) may be filed only 
in the United States Court of Appeals for the District of Co-
lumbia Circuit if— 
(I) the action is based on a determination of nation-
wide scope or effect; and 
(II) in taking the action, the Administrator finds and 
publishes that the action is based on such a determina-
tion. 
(2) TIME FOR FILING.—A petition for review under this subsection 
shall be filed within 60 days after the date notice of the promulgation, 
approval, or action appears in the Federal Register, except that if the 
petition is based solely on grounds arising after that 60th day, any pe-
tition for review under this subsection shall be filed within 60 days 
after those grounds arise. 
(3) EFFECT OF FILING OF PETITION FOR RECONSIDERATION.—The 
filing of a petition for reconsideration by the Administrator of any oth-
erwise final regulation or other action shall not— 
(A) affect the finality of the regulation or other action for pur-
poses of judicial review; 
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(B) extend the time within which a petition for judicial review 
of the regulation or other action under this section may be filed; 
or 
(C) postpone the effectiveness of the regulation or other action. 
(4) NO REVIEW IN ENFORCEMENT PROCEEDINGS.—Action of the Ad-
ministrator with respect to which review could have been obtained 
under paragraph (1) shall not be subject to judicial review in civil or 
criminal proceedings for enforcement. 
(5) DEFERRAL OF NONDISCRETIONARY ACTION.—Where a final deci-
sion by the Administrator defers performance of any nondiscretionary 
statutory action to a later time, any person may challenge the deferral 
pursuant to paragraph (1). 
(c) ADDITIONAL EVIDENCE.—In any judicial proceeding in which review 
is sought of a determination under this division required to be made on the 
record after notice and opportunity for hearing, if any party applies to the 
court for leave to adduce additional evidence, and shows to the satisfaction 
of the court that the additional evidence is material and that there were rea-
sonable grounds for the failure to adduce the evidence in the proceeding be-
fore the Administrator, the court may order the additional evidence (and 
evidence in rebuttal thereof) to be taken before the Administrator, in such 
manner and on such terms and conditions as the court considers proper. 
The Administrator may modify the Administrator’s findings as to the facts 
or make new findings by reason of the additional evidence so taken, and 
the Administrator shall file the modified or new findings, and the Adminis-
trator’s recommendation, if any, for the modification or setting aside of the 
Administrator’s original determination, with the return of the additional evi-
dence. 
(d) RULEMAKING.— 
(1) DEFINITIONS.—In this subsection: 
(A) COMMENT PERIOD.—The term ‘‘comment period’’ means 
the period for public comment specified in a notice of proposed 
rulemaking under paragraph (4)(A)(iii). 
(B) DOCKET.—The term ‘‘docket’’ means a rulemaking docket 
established under paragraph (3). 
(C) RULE.—The term ‘‘rule’’ means— 
(i) the promulgation or revision of any NAAQS under sec-
tion 211109 of this title; 
(ii) the promulgation or revision of an implementation plan 
by the Administrator under section 211110(c) of this title; 
(iii) the promulgation or revision of any standard of per-
formance under section 211111 of this title, emission stand-
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(xix) the promulgation or revision of any regulation under 
section 215204(f) of this title pertaining to marine vessels; 
and 
(xx) such other actions as the Administrator may deter-
mine. 
(2) INAPPLICABILITY OF CERTAIN PROVISIONS IN TITLE 5.—Sections 
553 to 557 and section 706 of title 5 shall not, except as expressly pro-
vided in this subsection, apply to a rule. This subsection shall not apply 
in the case of any rule or circumstance described in the provision des-
ignated (A) or (B) of section 553(b) of title 5. 
(3) RULEMAKING DOCKET.—Not later than the date of proposal of 
any rule, the Administrator shall establish a rulemaking docket for the 
rule. Whenever a rule applies only within a particular State, a 2d (iden-
tical) docket shall be simultaneously established in the appropriate 
EPA regional office. 
(4) NOTICE OF PROPOSED RULEMAKING.— 
(A) IN GENERAL.—In the case of any rule, notice of proposed 
rulemaking— 
(i) shall be published in the Federal Register, as provided 
under section 553(b) of title 5; 
(ii) shall be accompanied by a statement of its basis and 
purpose; 
(iii) shall specify the period for public comment; and 
(iv) shall state the docket number, the location or locations 
of the docket, and the times that the docket will be open to 
public inspection. 
(B) STATEMENT OF BASIS AND PURPOSE.—A statement of basis 
and purpose under subparagraph (A)(ii)— 
(i) shall include a summary of— 
(I) the factual data on which the proposed rule is 
based; 
(II) the methodology used in obtaining the data and 
in analyzing the data; and 
(III) the major legal interpretations and policy consid-
erations underlying the proposed rule; and 
(ii) shall— 
(I) set forth or summarize and provide a reference to 
any pertinent findings, recommendations, and comments 
by the Scientific Review Committee established under 
section 211109(d) of this title and the National Academy 
of Sciences; and 
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(II) if the proposal differs in any important respect 
from any of these recommendations, include an expla-
nation of the reasons for the differences. 
(C) INCLUSION IN DOCKET.—All data, information, and docu-
ments described in this paragraph on which the proposed rule re-
lies shall be included in the docket on the date of publication of 
the proposed rule. 
(5) PUBLIC AVAILABILITY OF DOCKET.—The docket shall be open 
for inspection by the public at reasonable times specified in the notice 
of proposed rulemaking. Any person may copy documents contained in 
the docket. The Administrator shall provide copying facilities that may 
be used at the expense of the person seeking copies, but the Adminis-
trator may waive or reduce such expenses in such instances as the pub-
lic interest requires. Any person may request copies by mail if the per-
son pays the expenses, including personnel costs to do the copying. 
(6) INCLUSION IN DOCKET.— 
(A) COMMENTS AND DOCUMENTARY INFORMATION RECEIVED.— 
Promptly on receipt by EPA, all written comments and documen-
tary information on the proposed rule received from any person for 
inclusion in the docket during the comment period shall be placed 
in the docket. 
(B) TRANSCRIPT.—The transcript of public hearings, if any, on 
the proposed rule shall be included in the docket promptly on re-
ceipt from the person who transcribed the hearings. 
(C) DOCUMENTS
OF
CENTRAL
RELEVANCE.—All documents 
that become available after the proposed rule has been published 
and that the Administrator determines are of central relevance to 
the rulemaking shall be placed in the docket as soon as possible 
after their availability. 
(D) DRAFTS OF PROPOSED AND FINAL RULES UNDER THIS 
SUBSECTION AND RELATED DOCUMENTS AND COMMENTS.—The 
drafts of a proposed rule submitted by the Administrator to the 
Office of Management and Budget for any interagency review 
process prior to proposal of any rule, all documents accompanying 
the drafts, all written comments thereon by other agencies, and all 
written responses to such written comments by the Administrator 
shall be placed in the docket not later than the date of proposal 
of the rule. The drafts of the final rule submitted for such review 
process prior to promulgation and all such written comments 
thereon, all documents accompanying such drafts, and written re-
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notice to the entities described in subsection (c)(1)(A)(i) shall be pro-
vided 180 days before commencing the civil action. 
(c) NOTICE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), no civil ac-
tion may be commenced— 
(A) under subsection (b)(1)(B)— 
(i) prior to 60 days after the plaintiff has given notice of 
the violation to— 
(I) the Administrator; 
(II) the State in which the violation occurs; and 
(III) any alleged violator of the emission standard or 
limitation or order; or 
(ii) if the Administrator or State has commenced and is 
diligently prosecuting a civil action in a court of the United 
States or a State to require compliance with the emission 
standard or limitation or order (but in any such civil action 
in a court of the United States any person may intervene as 
a matter of right); or 
(B) under subsection (b)(2) prior to 60 days after the plaintiff 
has given notice of the civil action to the Administrator. 
(2) EXCEPTION.—A civil action under this section respecting a viola-
tion of subsection (f)(4) or (i)(3)(A) of section 211112 of this title or 
an order issued by the Administrator pursuant to section 211113(b) of 
this title may be brought immediately after notification to the Adminis-
trator. 
(3) MANNER OF NOTICE.—Notice under this subsection shall be 
given in such manner as the Administrator shall prescribe by regula-
tion. 
(d) PLACE FOR BRINGING CIVIL ACTION; INTERVENTION BY ADMINIS-
TRATOR; SERVICE OF COMPLAINT; CONSENT JUDGMENT.— 
(1) PLACE FOR BRINGING CIVIL ACTION.—Any civil action respecting 
a violation by a stationary source of an emission standard or limitation 
or an order respecting an emission standard or limitation may be 
brought only in the judicial district in which the stationary source is 
located. 
(2) INTERVENTION BY ADMINISTRATOR.—In any civil action under 
this section, the Administrator, if not a party, may intervene as a mat-
ter of right at any time in the proceeding. A judgment in a civil action 
under this section to which the United States is not a party shall not 
have any binding effect on the United States. 
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363 
country that is to receive the vehicle or engine has emission standards 
that differ from the standards prescribed under section 221102 of this 
title, the vehicle or engine shall comply with the standards of that 
country. 
§ 221104. Injunction proceedings 
(a) JURISDICTION.—The United States district courts shall have jurisdic-
tion to restrain violations of section 221103(a) of this title. 
(b) ACTIONS BROUGHT BY OR IN NAME OF UNITED STATES.—An action 
to restrain a violation of section 221103(a) of this title shall be brought by 
and in the name of the United States. 
(c) SUBPOENAS.—In an action under subsection (b), a subpoena for a 
witness who is required to attend a United States district court in any judi-
cial district may run into any other judicial district. 
§ 221105. Civil penalties 
(a) VIOLATIONS.—
(1) SUBPARAGRAPH (A), (D), OR (E) OF SECTION 221103(a)(1).—Any 
person that violates subparagraph (A), (D), or (E) of section 
221103(a)(1) of this title shall be subject to a civil penalty of not more 
than $25,000. 
(2) SECTION
221103(a)(1)(B).—Any person that violates section 
221103(a)(1)(B) of this title shall be subject to a civil penalty of not 
more than $25,000 per day of violation. 
(3) SECTION 221103(a)(1)(C).— 
(A) CLAUSE (i).— 
(i) MANUFACTURER
OR
DEALER.—Any manufacturer or 
dealer that violates section 221103(a)(1)(C)(i) of this title 
shall be subject to a civil penalty of not more than $25,000. 
(ii) PERSON OTHER THAN MANUFACTURER OR DEALER.— 
Any person other than a manufacturer or dealer that violates 
section 221103(a)(1)(C)(i) of this title shall be subject to a 
civil penalty of not more than $2,500. 
(B) 
CLAUSE
(ii).—Any 
person 
that 
violates 
section 
221103(a)(1)(C)(ii) of this title shall be subject to a civil penalty 
of not more than $2,500. 
(4) SEPARATE OFFENSES.— 
(A) MOTOR VEHICLES AND MOTOR VEHICLE ENGINES.—Any 
such violation of subparagraph (A), (C)(i), or (D) of section 
221103(a)(1) of this title shall constitute a separate offense with 
respect to each motor vehicle or motor vehicle engine. 
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duced under this subparagraph) of cellulosic biofuel for 
that year. 
(E) BIOMASS-BASED DIESEL.— 
(i) MARKET
EVALUATION.—The Administrator, in con-
sultation with the Secretary of Energy and the Secretary of 
Agriculture, shall periodically evaluate the impact of the bio-
mass-based diesel requirements established under this para-
graph on the price of diesel fuel. 
(ii) WAIVER.— 
(I) REDUCTION OF REQUIRED QUANTITY.—If the Ad-
ministrator determines that there is a significant renew-
able feedstock disruption or other market circumstances 
that would make the price of biomass-based diesel fuel 
increase significantly, the Administrator, in consultation 
with the Secretary of Energy and the Secretary of Agri-
culture, shall issue an order to reduce, for up to a 60- 
day period, the quantity of biomass-based diesel required 
under subparagraph (A) by an appropriate quantity that 
does not exceed 15 percent of the applicable annual re-
quirement for biomass-based diesel. 
(II) RENEWABLE FUEL AND ADVANCED BIOFUELS.— 
For any calendar year for which the Administrator 
makes a reduction under subclause (I), the Adminis-
trator may also reduce the applicable volume of renew-
able fuel and advanced biofuels requirement established 
under paragraph (2)(B) by the same or a lesser volume. 
(iii) EXTENSIONS.—If the Administrator determines that 
the feedstock disruption or circumstances described in clause 
(ii) is continuing beyond the 60-day period described in clause 
(ii) or this clause, the Administrator, in consultation with the 
Secretary of Energy and the Secretary of Agriculture, may 
issue an order to reduce, for up to an additional 60-day pe-
riod, the quantity of biomass-based diesel required under sub-
paragraph (A) by an appropriate quantity that does not ex-
ceed an additional 15 percent of the applicable annual re-
quirement for biomass-based diesel. 
(F) MODIFICATION OF APPLICABLE VOLUMES.— 
(i) IN
GENERAL.—For any of the tables in paragraph 
(2)(B), if the Administrator waives— 
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(I) at least 20 percent of the applicable volume re-
quirement set forth in any such table for 2 consecutive 
years; or 
(II) at least 50 percent of such volume requirement 
for a single year; 
the Administrator shall promulgate a regulation (within 1 
year after issuing the waiver) that modifies the applicable vol-
umes set forth in the table for all years following the final 
year to which the waiver applies, except that no such modi-
fication in applicable volumes shall be made for any year be-
fore 2016. 
(ii) PROCESSES, CRITERIA, AND STANDARDS.—In promul-
gating a regulation under clause (i), the Administrator shall 
comply with the processes, criteria, and standards set forth 
in paragraph (2)(B)(ii). 
(8) SMALL REFINERIES.— 
(A) TEMPORARY EXEMPTION.— 
(i) IN GENERAL.—The requirements of paragraph (2) shall 
not apply to small refineries until calendar year 2011. 
(ii) EXTENSION OF EXEMPTION.— 
(I) STUDY
BY
SECRETARY
OF
ENERGY.—Not later 
than December 31, 2008, the Secretary of Energy shall 
conduct for the Administrator a study to determine 
whether compliance with the requirements of paragraph 
(2) would impose a disproportionate economic hardship 
on small refineries. 
(II) EXTENSION OF EXEMPTION.—In the case of a 
small refinery that the Secretary of Energy determines 
under subclause (I) would be subject to a dispropor-
tionate economic hardship if required to comply with 
paragraph (2), the Administrator shall extend the ex-
emption under clause (i) for the small refinery for a pe-
riod of not less than 2 additional years. 
(B) PETITIONS
BASED
ON
DISPROPORTIONATE
ECONOMIC 
HARDSHIP.— 
(i) EXTENSION OF EXEMPTION.—A small refinery may at 
any time petition the Administrator for an extension of the 
exemption under subparagraph (A) for the reason of dis-
proportionate economic hardship. 
(ii) EVALUATION OF PETITIONS.—In evaluating a petition 
under clause (i), the Administrator, in consultation with the 
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