559 
the Administrator shall publish a revised list within 6 months there-
after. 
(2) SHOWING.—Any petition under this subsection shall include a 
showing by the petitioner that there are data on the substance ade-
quate to support the petition. 
(3) FURTHER INFORMATION.—If the Administrator determines that 
information on the substance is not sufficient to make a determination 
under paragraph (1), the Administrator shall use any authority avail-
able to the Administrator under any law administered by the Adminis-
trator to acquire the information. 
(e) STUDIES AND NOTIFICATION.— 
(1) IN GENERAL.—The Administrator shall— 
(A) require any person that produces a chemical substitute for 
a class I substance to provide the Administrator with the person’s 
unpublished health and safety studies on the substitute; and 
(B) require producers to notify the Administrator not less than 
90 days before new or existing chemicals are introduced into inter-
state commerce for significant new uses as substitutes for a class 
I substance. 
(2) PUBLIC AVAILABILITY OF RECORDS, REPORTS, AND INFORMA-
TION.—This subsection shall be subject to section 211114(c) of this 
title. 
§ 237113. Federal procurement 
(a) REGULATIONS.—The Administrator, in consultation with the Admin-
istrator of General Services and the Secretary of Defense, shall promulgate 
regulations requiring each department, agency, and instrumentality of the 
United States to— 
(1) conform its procurement regulations to the policies and require-
ments of this subdivision; and 
(2) maximize the substitution of safe alternatives identified under 
section 237112 of this title for class I substances and class II sub-
stances. 
(b) CONFORMITY; CERTIFICATION.—Each department, agency, and in-
strumentality of the United States shall— 
(1) conform its procurement regulations to the policies and require-
ments of this subdivision; and 
(2) certify to the President that its regulations have been modified 
in accordance with this section. 
§ 237114. Relationship to other laws 
(a) MONTREAL PROTOCOL.—This subdivision shall be construed, inter-
preted, and applied as a supplement to the terms and conditions of the 
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Montreal Protocol, as provided in paragraph 11 of article 2 of the Montreal 
Protocol, and shall not be construed, interpreted, or applied to abrogate the 
responsibilities or obligations of the United States to implement fully the 
provisions of the Montreal Protocol. In the case of conflict between any pro-
vision of this subdivision and any provision of the Montreal Protocol, the 
more stringent provision shall govern. Nothing in this subdivision shall be 
construed, interpreted, or applied to affect the authority or responsibility of 
the Administrator to implement article 4 of the Montreal Protocol with 
other appropriate agencies. 
(b) TECHNOLOGY EXPORT AND OVERSEAS INVESTMENT.—The President 
shall— 
(1) prohibit the export of technologies used to produce a class I sub-
stance; 
(2) prohibit direct or indirect investments by any person in facilities 
designed to produce a class I substance or class II substance in nations 
that are not parties to the Montreal Protocol; and 
(3) direct that no Federal agency provide bilateral or multilateral 
subsidies, aids, credits, guarantees, or insurance programs for the pur-
pose of producing any class I substance. 
§ 237115. Control of substances, practices, processes, and ac-
tivities that may reasonably be anticipated to af-
fect the stratosphere 
If, in the Administrator’s judgment, any substance, practice, process, or 
activity may reasonably be anticipated to affect the stratosphere, especially 
ozone in the stratosphere, and the effect may reasonably be anticipated to 
endanger public health or welfare, the Administrator shall— 
(1) promptly promulgate regulations respecting the control of the 
substance, practice, process, or activity; and 
(2) submit notice of the proposal and promulgation of the regulation 
to Congress. 
§ 237116. Transfers among parties to Montreal Protocol 
(a) DEFINITION OF APPLICABLE DOMESTIC LAW.—In this section, the 
term ‘‘applicable domestic law’’, with respect to the United States, means 
this division. 
(b) IN GENERAL.—Consistent with the Montreal Protocol, the United 
States may engage in transfers with other parties to the Montreal Protocol 
under the following conditions: 
(1) TRANSFERS OF PRODUCTION ALLOWANCES.—The United States 
may transfer production allowances to another party if, at the time of 
the transfer, the Administrator establishes revised production limits for 
the United States such that the aggregate national United States pro-
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duction permitted under the revised production limits equals the least 
of— 
(A) the maximum production level permitted for the substance 
or substances concerned in the transfer year under the Montreal 
Protocol minus the production allowances transferred; 
(B) the maximum production level permitted for the substance 
or substances concerned in the transfer year under applicable do-
mestic law minus the production allowances transferred; or 
(C) the average of the actual national production level of the 
substance or substances concerned for the 3 years prior to the 
transfer minus the production allowances transferred. 
(2) ACQUISITION OF PRODUCTION ALLOWANCES.—The United States 
may acquire production allowances from another party if, at the time 
of the transfer, the Administrator finds that the other party has re-
vised its domestic production limits in the same manner as provided 
with respect to transfers by the United States in this subsection. 
(c) EFFECT OF TRANSFERS ON PRODUCTION LIMITS.—The Adminis-
trator may— 
(1) reduce the production limits established under this division as re-
quired as a prerequisite to transfers under subsection (b)(1); or 
(2) increase production limits established under this division to re-
flect production allowances acquired under a transfer under subsection 
(b)(2). 
(d) REGULATIONS.—The Administrator shall promulgate regulations to 
implement this section. 
§ 237117. International cooperation 
(a) IN GENERAL.— 
(1) IN GENERAL.—The President shall undertake to enter into inter-
national agreements to— 
(A) foster cooperative research that complements studies and 
research authorized by this subdivision; and 
(B) develop standards and regulations that protect the strato-
sphere consistent with regulations applicable within the United 
States. 
(2) NEGOTIATION OF AGREEMENTS; PROPOSALS.—For the purposes 
described in paragraph (1), the President, through the Secretary of 
State and the Assistant Secretary of State for Oceans and Inter-
national Environmental and Scientific Affairs, shall— 
(A) negotiate multilateral treaties, conventions, resolutions, or 
other agreements; 
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(B) formulate, present, or support proposals at the United Na-
tions and other appropriate international forums; and 
(C) report to Congress periodically on efforts to arrive at such 
agreements. 
(b) ASSISTANCE TO DEVELOPING COUNTRIES.—The Administrator, in 
consultation with the Secretary of State, shall support global participation 
in the Montreal Protocol by providing technical and financial assistance to 
developing countries that are parties to the Montreal Protocol and operating 
under article 5 of the Montreal Protocol. 
§ 237118. Miscellaneous provisions 
(a) RETENTION OF STATE AUTHORITY.—For purposes of section 211116 
of this title, requirements concerning the areas addressed by this subdivision 
for the protection of the stratosphere against ozone layer depletion shall be 
treated as requirements for the control and abatement of air pollution. 
(b) CONTROL OF POLLUTION FROM FEDERAL FACILITIES.—For pur-
poses of section 211118 of this title, the requirements of this subdivision 
and corresponding State, interstate, and local requirements, administrative 
authority, process, and sanctions respecting the protection of the strato-
spheric ozone layer shall be treated as requirements for the control and 
abatement of air pollution within the meaning of section 211118 of this 
title. 
Divisions B through Y—Reserved 
Division Z—Miscellaneous 
Chapter 299—Miscellaneous 
Sec. 
299101. Provision enacted by the Clean Air Act Amendments of 1977. 
299102. Provision enacted by the Energy Security Act. 
299103. Provisions enacted by Public Law 101–549 (commonly known as the Clean Air Act 
Amendments of 1990). 
299104. Provision enacted by the National Highway System Designation Act of 1995. 
299105. Provision enacted by the Transportation Equity Act for the 21st Century. 
299106. Provision enacted by the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 2004. 
299107. Provisions enacted by the Energy Policy Act of 2005. 
§ 299101. Provision enacted by the Clean Air Act Amend-
ments of 1977 
The Administrator shall undertake to enter into appropriate arrange-
ments with the National Academy of Sciences to conduct continuing com-
prehensive studies and investigations of the effects on public health and wel-
fare of emissions subject to section 221102(a) of this title and the techno-
logical feasibility of meeting emission standards required to be prescribed 
by the Administrator by section 221102(b) of this title. 
§ 299102. Provision enacted by the Energy Security Act 
(a) CARBON DIOXIDE STUDY.— 
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(1) AGREEMENT.—The Director of the Office of Science and Tech-
nology Policy (referred to in this section as the ‘‘Director’’) shall enter 
into an agreement with the National Academy of Sciences (referred to 
in this section as the ‘‘Academy’’) to carry out a comprehensive study 
of the projected impacts, on the level of carbon dioxide in the atmos-
phere, of— 
(A) fossil fuel combustion; 
(B) coal-conversion and related synthetic fuels activities author-
ized by the Energy Security Act (94 Stat. 611); and 
(C) other sources. 
(2) ASSESSMENT.—The study should include an assessment of the 
economic, physical, climatic, and social effects of the impacts described 
in paragraph (1). 
(3) INTERNATIONAL WORLDWIDE ASSESSMENT.—In conducting the 
study, the Director and the Academy are encouraged to work with do-
mestic and foreign governmental and nongovernmental entities and 
international entities to— 
(A) develop an international, worldwide assessment of the prob-
lems involved; and 
(B) suggest such original research on any aspect of those prob-
lems as the Academy considers necessary. 
(b) REPORT.— 
(1) IN GENERAL.—The Director and the Academy shall submit to 
Congress a report that includes the major findings and recommenda-
tions resulting from the study required under this section. 
(2) ACADEMY CONTRIBUTION.—The Academy’s contribution to the 
report shall not be subject to any prior clearance or review, nor shall 
any prior clearance or conditions be imposed on the Academy as part 
of the agreement made by the Director with the Academy under this 
section. 
(3) CONTENTS.—The report shall in any event include recommenda-
tions regarding— 
(A) how a long-term program of domestic and international re-
search, monitoring, modeling, and assessment of the causes and 
effects of varying levels of atmospheric carbon dioxide should be 
structured, including comments by the Director on the interagency 
requirements of such a program and comments by the Secretary 
of State on the international agreements required to carry out 
such a program; 
(B) how the United States can best play a role in the develop-
ment of such a long-term program on an international basis; 
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(C) what domestic resources should be made available to such 
a program; 
(D) how the ongoing United States Government carbon dioxide 
assessment program should be modified to be of increased utility 
in providing information and recommendations of the highest pos-
sible value to government policymakers; and 
(E) the need for periodic reports to Congress in conjunction 
with any long-term program that the Director and the Academy 
may recommend under this section. 
(c) INFORMATION.—The Secretary of Energy, the Secretary of Com-
merce, the Administrator, and the Director of the National Science Founda-
tion shall furnish to the Director or the Academy on request any informa-
tion that the Director or the Academy determines to be necessary for pur-
poses of conducting the study required by this section. 
(d) SEPARATE ASSESSMENT
OF INTERAGENCY IMPLEMENTATION RE-
QUIREMENTS.—The Director shall provide a separate assessment of the 
interagency requirements to implement a comprehensive program of the 
type described in subsection (b)(3). 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—For the expenses of carrying out the carbon diox-
ide study authorized by this section (as determined by the Office), 
there are authorized to be appropriated such sums as are necessary, 
not exceeding $3,000,000 in the aggregate. 
(2) PROVISION OF AMOUNTS TO THE ACADEMY.—At least 80 percent 
of any amounts appropriated pursuant to paragraph (1) shall be pro-
vided to the Academy. 
§ 299103. Provisions enacted by Public Law 101–549 (com-
monly known as the Clean Air Act Amendments of 
1990) 
(a) STATE STANDARDS FOR EMISSION OF NITROGEN OXIDES FROM 
UNINSTALLED AIRCRAFT ENGINE TEST CELLS.— 
(1) STUDY.—The Administrator and the Secretary of Transpor-
tation, in consultation with the Secretary of Defense, shall commence 
a study and investigation of the testing of uninstalled aircraft engines 
in enclosed test cells that addresses at a minimum the following issues 
and such other issues as the Administrator and the Secretary of Trans-
portation, in consultation with the Secretary of Defense, consider ap-
propriate: 
(A) Whether technologies exist to control some or all emissions 
of nitrogen oxides from test cells. 
(B) The effectiveness of such technologies. 
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(C) The cost of implementing such technologies. 
(D) Whether such technologies affect the safety, design, struc-
ture, operation, or performance of aircraft engines. 
(E) Whether such technologies impair the effectiveness and ac-
curacy of aircraft engine safety design, and performance tests con-
ducted in test cells. 
(F) The impact of not controlling nitrogen oxides from test cells 
in the applicable nonattainment areas and on other sources, sta-
tionary and mobile, on nitrogen oxides in the applicable nonattain-
ment areas. 
(2) REPORT.—The Administrator and the Secretary of Transpor-
tation shall submit to Congress a report of the study conducted under 
this subsection. 
(3) AUTHORITY TO REGULATE.—After completion of the study under 
paragraph (1), a State may adopt and enforce any standard for emis-
sion of nitrogen oxides from test cells only after issuing a public notice 
stating whether the standard is in accordance with the findings of the 
study. 
(b) REVIEW OF ACID GAS SCRUBBING REQUIREMENTS.—Prior to the 
promulgation of any performance standard for solid waste incineration units 
combusting municipal waste under section 211111 or 211128 of this title, 
the Administrator shall review the availability of acid gas scrubbers as a 
pollution control technology for small new units and for existing units (as 
defined in 54 Fed. Reg. 52190 (December 20, 1989)), taking into account 
section 211128(b)(2) of this title. 
(c) NATIONAL ACID LAKES REGISTRY.—The Administrator shall publish 
a national acid lakes registry that shall list, to the extent practical, all lakes 
that are known to be acidified due to acid deposition. Lakes shall be added 
to the registry as they become acidic or as data become available to show 
they are acidic. Lakes shall be deleted from the registry as they become 
nonacidic. 
(d) INDUSTRIAL SULFUR DIOXIDE EMISSIONS.— 
(1) REPORT.— 
(A) IN GENERAL.—Every 5 years, the Administrator shall sub-
mit to Congress a report that contains— 
(i) an inventory of national annual sulfur dioxide emissions 
from industrial sources (as defined in subdivision 5 of division 
A), including units subject to section 233105(g)(6) of this 
title, for all years for which data are available, and a forecast 
of the likely trend in sulfur dioxide emissions over the fol-
lowing 20-year period; and 
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(ii) estimates of the actual emission reduction in each year 
resulting from promulgation of diesel fuel desulfurization reg-
ulations. 
(B) CESSATION OF EFFECTIVENESS.—On May 15, 2000, sub-
paragraph (A) ceases to be effective with respect to the require-
ment to submit a report to Congress. 
(2) 5.60 MILLION TON CAP.— 
(A) IN GENERAL.—When the inventory required by this sub-
section indicates that sulfur dioxide emissions from industrial 
sources, including units subject to section 233105(g)(5) of this 
title, may reasonably be expected to reach levels greater than 5.60 
million tons per year, the Administrator shall take such actions 
under division A as may be appropriate to ensure that sulfur diox-
ide emissions do not exceed 5.60 million tons per year. 
(B) ACTIONS.—Those actions may include— 
(i) the promulgation of new and revised standards of per-
formance for new sources, including units subject to section 
233105(g)(5) of this title, under section 211111(b) of this 
title; and 
(ii) promulgation of standards of performance for existing 
sources, including units subject to section 233105(g)(5) of 
this title, under authority of this subsection. 
(C) STANDARD OF PERFORMANCE.—With respect to an existing 
source regulated under this subsection, the term ‘‘standard of per-
formance’’ means a standard that the Administrator determines is 
applicable to that source and that reflects the degree of emission 
reduction achievable through the application of the best system of 
continuous emission reduction that, taking into consideration the 
cost of achieving that degree of emission reduction and any nonair 
quality health and environmental impact and energy requirements, 
the Administrator determines has been adequately demonstrated 
for that category of sources. 
(3) ELECTION TO BECOME AFFECTED UNIT.—Regulations promul-
gated under section 233105(b) of this title shall not prohibit a source 
from electing to become an affected unit under section 233109 of this 
title. 
(e) IMPACT ON SMALL COMMUNITIES.—Before implementing a provision 
of this section or Public Law 101–549 (commonly known as the Clean Air 
Act Amendments of 1990) (104 Stat. 2399), the Administrator shall consult 
with the EPA regional small communities coordinators to determine the im-
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pact of the provision on small communities, including the estimated cost of 
compliance with the provision. 
(f) INFORMATION GATHERING ON GREENHOUSE GASES CONTRIBUTING 
TO GLOBAL CLIMATE CHANGE.— 
(1) MONITORING.—The Administrator shall promulgate regulations 
to require that all affected sources subject to subdivision 5 of division 
A shall monitor carbon dioxide emissions. The regulations shall require 
that the data be reported to the Administrator. Subsection (d) of sec-
tion 233111 of this title shall apply for purposes of this subsection in 
the same manner and to the same extent as that subsection applies to 
the monitoring and data described in section 233111 of this title. 
(2) PUBLIC AVAILABILITY OF CARBON CIOXIDE INFORMATION.—For 
each unit required to monitor and provide carbon dioxide data under 
paragraph (1), the Administrator shall— 
(A) compute the unit’s aggregate annual total carbon dioxide 
emissions; 
(B) incorporate the data into a computer database; and 
(C) make the aggregate annual data available to the public. 
(g) WESTERN STATES ACID DEPOSITION RESEARCH.— 
(1) MONITORING AND RESEARCH.—The Administrator shall sponsor 
monitoring and research and submit to Congress annual and periodic 
assessment reports on— 
(A) the occurrence and effects of acid deposition on surface 
water located in the part of the United States west of the Mis-
sissippi River; 
(B) the occurrence and effects of acid deposition on high ele-
vation ecosystems (including forests and surface water); and 
(C) the occurrence and effects of episodic acidification, particu-
larly with respect to high elevation watersheds. 
(2) ANALYSIS OF DATA.—The Administrator shall analyze data gen-
erated from the studies conducted under paragraph (1), data from the 
Western Lakes Survey, and other appropriate research and utilize pre-
dictive modeling techniques that take into account the unique geo-
graphic, climatological, and atmospheric conditions that exist in the 
western United States to determine the potential occurrence and effects 
of acid deposition due to any projected increases in the emission of sul-
fur dioxide and nitrogen oxides in the part of the United States located 
west of the Mississippi River. The Administrator shall include the re-
sults of the project conducted under this paragraph in the reports sub-
mitted to Congress under paragraph (1). 
(h) DISADVANTAGED BUSINESS CONCERNS.— 
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(1) DEFINITION OF DISADVANTAGED BUSINESS CONCERN.— 
(A) IN GENERAL.—In this subsection, the term ‘‘disadvantaged 
business concern’’ means a concern— 
(i)(I) that is at least 51 percent owned by 1 or more so-
cially and economically disadvantaged individuals; or 
(II) in the case of a publicly traded company, at least 51 
percent of the stock of which is owned by 1 or more socially 
and economically disadvantaged individuals; and 
(ii) the management and daily business operations of which 
are controlled by socially and economically disadvantaged in-
dividuals. 
(B) FOR-PROFIT BUSINESS CONCERNS.— 
(i) PRESUMPTION.—A for-profit business concern is pre-
sumed to be a disadvantaged business concern for purposes 
of this subsection if it is at least 51 percent owned by, or in 
the case of a concern that is a publicly traded company at 
least 51 percent of the stock of the company is owned by, 1 
or more individuals who are members of the following groups: 
(I) Black Americans. 
(II) Hispanic Americans. 
(III) Native Americans. 
(IV) Asian Americans. 
(V) Women. 
(VI) Disabled Americans. 
(ii) REBUTTAL.—The presumption established by clause (i) 
may be rebutted with respect to a particular business concern 
if it is reasonably established that the individual or individ-
uals described in that clause with respect to that business 
concern are not experiencing impediments to establishing or 
developing the concern as a result of the individual’s identi-
fication as a member of a group described in that clause. 
(C) CERTAIN
INSTITUTIONS.—The following institutions are 
presumed to be disadvantaged business concerns for purposes of 
this subsection: 
(i) Historically black colleges and universities, and colleges 
and universities having a student body in which 40 percent 
of the students are Hispanic. 
(ii) Minority institutions (as defined by the Secretary of 
Education pursuant to the General Education Provisions Act 
(20 U.S.C. 1221 et seq.)). 
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(iii) Private and voluntary organizations controlled by indi-
viduals who are socially and economically disadvantaged. 
(D) JOINT VENTURES.— 
(i) IN GENERAL.—A joint venture may be considered to be 
a disadvantaged business concern under this subsection, not-
withstanding the size of the joint venture, if— 
(I) a party to the joint venture is a disadvantaged 
business concern; and 
(II) that party owns at least 51 percent of the joint 
venture. 
(ii) LIMITATION.—A person who is not an economically dis-
advantaged individual or a disadvantaged business concern, 
as a party to a joint venture, may not be a party to more 
than 2 awarded contracts in a fiscal year solely by reason of 
this subparagraph. 
(E) EFFECT OF PARAGRAPH.—Nothing in this paragraph pro-
hibits any member of a racial or ethnic group not described in 
subparagraph (B)(i) from establishing that the member has been 
impeded in establishing or developing a business concern as a re-
sult of racial or ethnic discrimination. 
(2) IN GENERAL.—In providing for any research relating to the re-
quirements of the amendments made by Public Law 101–549 (com-
monly known as the Clean Air Act Amendments of 1990) (104 Stat. 
2399) that uses EPA funds, the Administrator shall, to the extent 
practicable, require that not less than 10 percent of total Federal fund-
ing for the research will be made available to disadvantaged business 
concerns. 
(3) PROHIBITION OF USE OF QUOTAS.—Nothing in this subsection 
permits or requires the use of quotas or a requirement that has the 
effect of a quota in determining eligibility under this subsection. 
§ 299104. Provision enacted by the National Highway Sys-
tem Designation Act of 1995 
(a) IN GENERAL.—The Administrator shall not require adoption or im-
plementation by a State of a test-only I/M240 enhanced vehicle inspection 
and maintenance program as a means of compliance with section 215203 
or 215303 of this title, but the Administrator may approve such a program 
if a State chooses to adopt the program as a means of compliance with ei-
ther section. 
(b) LIMITATION ON PLAN DISAPPROVAL.—The Administrator shall not 
disapprove or apply an automatic discount to a State implementation plan 
provision under section 215203 or 215303 of this title on the basis of a 
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policy, regulation, or guidance providing for a discount of emission credits 
because the inspection and maintenance program in the plan provision is 
decentralized or is a test-and-repair program. 
(c) EMISSION REDUCTION CREDITS.— 
(1) STATE PLAN PROVISION.—Not later than 120 days after Novem-
ber 28, 1995, a State may submit an implementation plan provision 
proposing an interim inspection and maintenance program under sec-
tion 215203 or 215303 of this title. The Administrator shall approve 
the program based on the full amount of credits proposed by the State 
for each element of the program if the proposed credits reflected good 
faith estimates by the State and the provision was otherwise in compli-
ance with division A. If, within the 120-day period, the State submits 
to the Administrator proposed provisions of the implementation plan, 
has all of the statutory authority necessary to implement the provi-
sions, and has proposed a regulation to adopt the provisions, the Ad-
ministrator may approve the provisions without regard to whether or 
not the regulation had been issued as a final regulation by the State. 
(2) EXPIRATION OF INTERIM APPROVAL.— 
(A) IN GENERAL.—An interim approval under paragraph (1) 
shall expire on the earlier of— 
(i) the last day of the 18-month period beginning on the 
date of the interim approval; or 
(ii) the date of final approval. 
(B) NO
EXTENSION.—An interim approval may not be ex-
tended. 
(3) FINAL APPROVAL.—The Administrator shall grant final approval 
of a provision submitted under paragraph (1) based on the credits pro-
posed by the State during or after the period of interim approval if 
data collected on the operation of the State program demonstrates that 
the credits were appropriate and the provision is otherwise in compli-
ance with division A. 
(4) BASIS OF APPROVAL; NO AUTOMATIC DISCOUNT.—Any deter-
mination with respect to interim or full approval shall be based on the 
elements of the program and shall not apply any automatic discount 
because the program is decentralized or is a test-and-repair program. 
§ 299105. Provision enacted by the Transportation Equity 
Act for the 21st Century 
(a) GRANTS.—Through grants under section 211103 of this title, the Ad-
ministrator shall use appropriated funds not later than fiscal year 2000 to 
fund 100 percent of the cost of the establishment, purchase, operation, and 
maintenance of a PM2.5 monitoring network necessary to implement the 
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NAAQSes for PM2.5 under section 211109 of this title. Implementation 
shall not result in a diversion or reprogramming of funds from other Fed-
eral, State, or local Clean Air Act activities. 
(b) ESTABLISHMENT OF NETWORK.—EPA and the States, consistent 
with their respective authorities under division A, shall ensure that the na-
tional network (designated in subsection (a)), which consists of the PM2.5 
monitors necessary to implement the NAAQSes, is established. 
§ 299106. Provision enacted by the Departments of Veterans 
Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 2004 
(a) CONSIDERATION OF SAFETY FACTORS.—In considering any request 
from California to authorize California to adopt or enforce standards of 
other requirements relating to the control of emissions from new nonroad 
spark-ignition engines smaller than 50 horsepower, the Administrator shall 
give appropriate consideration to safety factors (including the potential in-
creased risk of burn or fire) associated with compliance with the California 
standard. 
(b) REGULATION.—The Administrator shall promulgate regulations under 
division A that contain standards to reduce emissions from new nonroad 
spark-ignition engines smaller than 50 horsepower. 
(c) PREEMPTION.— 
(1) PROHIBITION.—No State or any political subdivision thereof may 
adopt or attempt to enforce any standard or other requirement applica-
ble to spark-ignition engines smaller than 50 horsepower. 
(2) EXCEPTION FOR CALIFORNIA.—The prohibition under paragraph 
(1) does not apply to or restrict the authority granted to California 
under section 221109(e) of this title. 
(3) EXCEPTION FOR OTHER STATES.—The prohibition under para-
graph (1) does not apply to or restrict the authority of any State under 
section 221109(e)(2)(B) of this title to enforce standards or other re-
quirements that were adopted by that State before September 1, 2003. 
§ 299107. Provisions enacted by the Energy Policy Act of 
2005 
(a) SURVEY OF RENEWABLE FUEL MARKET.— 
(1) SURVEY AND REPORT.—The Administrator, in consultation with 
the Secretary of Energy acting through the Administrator of the En-
ergy Information Administration, shall annually— 
(A) conduct, with respect to each conventional gasoline use area 
and each reformulated gasoline use area in each State, a survey 
to determine the market shares of— 
(i) conventional gasoline containing ethanol; 
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(ii) reformulated gasoline containing ethanol; 
(iii) conventional gasoline containing renewable fuel; and 
(iv) reformulated gasoline containing renewable fuel; and 
(B) submit to Congress, and make publicly available, a report 
on the results of the survey under subparagraph (A). 
(2) RECORDKEEPING
AND
REPORTING
REQUIREMENTS.—The Ad-
ministrator may require any refiner, blender, or importer to keep such 
records and make such reports as are necessary to ensure that the sur-
vey conducted under paragraph (1) is accurate. The Administrator, to 
avoid duplicative requirements, shall rely, to the extent practicable, on 
existing reporting and recordkeeping requirements and other informa-
tion available to the Administrator including gasoline distribution pat-
terns that include multistate use areas. 
(3) APPLICABLE LAW.—Activities carried out under this subsection 
shall be conducted in a manner designed to protect confidentiality of 
individual responses. 
(b) MTBE CONTAMINATION CLAIMS FILED AFTER AUGUST 8, 2005.— 
Claims and legal actions filed after August 8, 2005, related to allegations 
involving actual or threatened contamination of methyl tertiary butyl ether 
may be removed to the appropriate United States district court. 
(b) TITLE 18.— 
(1) IN GENERAL.—Part I of title 18, United States Code, is amend-
ed by inserting after chapter 33 the following: 
‘‘CHAPTER 34—ENVIRONMENT 
‘‘Sec. 
‘‘731.
General provisions (subtitle I of title 55). 
‘‘732.
Air (subtitle II of title 55). 
‘‘§ 731. General provisions (subtitle I of title 55) 
‘‘An officer or employee of the Environmental Protection Agency who is 
subject to, and knowingly violates, section 109104 of title 55 shall be im-
prisoned not more than 1 year, fined under this title, or both. 
‘‘§ 732. Air (subtitle II of title 55) 
‘‘(a) OFFENSES UNDER SUBTITLE II OF TITLE 55 GENERALLY.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) AIR POLLUTANT.—The term ‘air pollutant’ has the mean-
ing given the term in section 201101 of title 55. 
‘‘(B) APPLICABLE IMPLEMENTATION PLAN.—The term ‘applica-
ble implementation plan’ has the meaning given the term in sec-
tion 201101 of title 55. 
‘‘(C) ORGANIZATION.— 
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