dreamproit/uscode huggingface dataset:
42 U.S.C. § 6232 (THE PUBLIC HEALTH AND WELFARE)
§ 6232. Definitions
As used in this part and part C:
(1) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029.
(2) The term “importer” means any person who owns, at the first place of storage, any petroleum product imported into the United States.
(3) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029.
(4) The term “interest in land” means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights.
(5) The term “readily available inventories” means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity; such term does not include minimum working inventories or other unavailable stocks.
(6) The term “refiner” means any person who owns, operates, or controls the operation of any refinery.
(7) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029.
(8) The term “related facility” means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines.
(9) The term “Reserve” means the Strategic Petroleum Reserve.
(10) The term “storage facility” means any facility or geological formation which is capable of storing significant quantities of petroleum products.
(11) The term “Strategic Petroleum Reserve” means petroleum products stored in storage facilities pursuant to this part.
(Pub. L. 94–163, title I, § 152, Dec. 22, 1975, 89 Stat. 882; Pub. L. 101–383, § 6(a)(1), Sept. 15, 1990, 104 Stat. 729; Pub. L. 106–469, title I, § 103(5), Nov. 9, 2000, 114 Stat. 2029.)
heading: Amendments
text: 2000—Par. (1). Pub. L. 106–469, § 103(5)(A), struck out par. (1) which read as follows: “The term ‘Early Storage Reserve’ means that portion of the Strategic Petroleum Reserve which consists of petroleum products stored pursuant to section 6235 of this title.”
Par. (3). Pub. L. 106–469, § 103(5)(A), struck out par. (3) which read as follows: “The term ‘Industrial Petroleum Reserve’ means that portion of the Strategic Petroleum Reserve which consists of petroleum products owned by importers or refiners and acquired, stored, or maintained pursuant to section 6236 of this title.”
Par. (7). Pub. L. 106–469, § 103(5)(A), struck out par. (7) which read as follows: “The term ‘Regional Petroleum Reserve’ means that portion of the Strategic Petroleum Reserve which consists of petroleum products stored pursuant to section 6237 of this title.”
Par. (11). Pub. L. 106–469, § 103(5)(B), struck out “; such term includes the Industrial Petroleum Reserve, the Early Storage Reserve, and the Regional Petroleum Reserve” before period at end.
1990—Pub. L. 101–383 inserted “and part C” after “this part”.
42 U.S.C. § 6246 (THE PUBLIC HEALTH AND WELFARE)
§ 6246. Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this part and part D, to remain available until expended.
(Pub. L. 94–163, title I, § 166, as added Pub. L. 109–58, title III, § 301(a)(1), Aug. 8, 2005, 119 Stat. 683.)
heading: Prior Provisions
text: A prior section 6246, Pub. L. 94–163, title I, § 166, Dec. 22, 1975, 89 Stat. 890; Pub. L. 95–70, § 4, July 21, 1977, 91 Stat. 277; Pub. L. 97–35, title X, § 1034(b), Aug. 13, 1981, 95 Stat. 619; Pub. L. 104–306, § 1(1), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105–177, § 1(1), June 1, 1998, 112 Stat. 105; Pub. L. 106–64, § 1(1), Oct. 5, 1999, 113 Stat. 511; Pub. L. 106–469, title I, § 103(18), Nov. 9, 2000, 114 Stat. 2033; Pub. L. 108–7, div. F, title III, § 339(a)(1), Feb. 20, 2003, 117 Stat. 278, authorized appropriations for this part, prior to repeal by Pub. L. 109–58, title III, § 301(a)(1), Aug. 8, 2005, 119 Stat. 683.
42 U.S.C. § 6616 (THE PUBLIC HEALTH AND WELFARE)
§ 6616. Additional functions of Director
(a) Service as Chairman of Federal Coordinating Council for Science, Engineering, and Technology and as member of Domestic Council
The Director shall, in addition to the other duties and functions set forth in this subchapter—
(1) serve as Chairman of the Federal Coordinating Council for Science, Engineering, and Technology established under subchapter IV; and
(2) serve as a member of the Domestic Council.
(b) Advice to National Security Council
For the purpose of assuring the optimum contribution of science and technology to the national security, the Director, at the request of the National Security Council, shall advise the National Security Council in such matters concerning science and technology as relate to national security.
(c) Officers and employees; services; contracts; payments
In carrying out his functions under this chapter, the Director is authorized to—
(1) appoint such officers and employees as he may deem necessary to perform the functions now or hereafter vested in him and to prescribe their duties;
(2) obtain services as authorized by section 3109 of title 5 at rates not to exceed the rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5; and
(3) enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as he deems necessary to carry out the provisions of this chapter without legal consideration, without performance bonds, and without regard to section 6101 of title 41.
(Pub. L. 94–282, title II, § 207, May 11, 1976, 90 Stat. 466.)
heading: Codification
text: In subsec. (c)(3), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
heading: Abolition of the Federal Coordinating Council for Science, Engineering, and Technology; Transfer of Functions
text: See note set out under section 6651 of this title.
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
42 U.S.C. § 6632 (THE PUBLIC HEALTH AND WELFARE)
§ 6632. Membership of Committee
(a) Composition; appointment
The Committee shall consist of—
(1) the Director of the Office of Science and Technology Policy established under subchapter II of this chapter; and
(2) not less than eight nor more than fourteen other members appointed by the President not more than sixty days after the Director has assumed office (as provided in section 6612 of this title).
(b) Qualifications
Members of the Committee appointed by the President pursuant to subsection (a)(2) of this section shall—
(1) be qualified and distinguished in one or more of the following areas: science, engineering, technology, information dissemination, education, management, labor, or public affairs;
(2) be capable of critically assessing the policies, priorities, programs, and activities of the Nation, with respect to the findings, policies, and purposes set forth in subchapter I; and
(3) shall collectively constitute a balanced composition with respect to (A) fields of science and engineering, (B) academic, industrial, and government experience, and (C) business, labor, consumer, and public interest points of view.
(c) Chairman; Vice Chairman
The President shall appoint one member of the Committee to serve as Chairman and another member to serve as Vice Chairman for such periods as the President may determine.
(d) Compensation
Each member of the Committee who is not an officer of the Federal Government shall, while serving on business of the Committee, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, including traveltime, and while so serving away from his home or regular place of business he may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703(b) 1 of title 5 for persons in Government service employed intermittently.
(Pub. L. 94–282, title III, § 302, May 11, 1976, 90 Stat. 468.)
heading: References in Text
text: Section 5703 of title 5, referred to in subsec. (d), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 95, and, as so amended, does not contain a subsec. (b).
heading: Abolition of President’s Committee on Science and Technology; Transfer of Functions
text: See note set out under section 6631 of this title.
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
42 U.S.C. § 7136 (THE PUBLIC HEALTH AND WELFARE)
§ 7136. Economic Regulatory Administration; appointment of Administrator; compensation; qualifications; functions
(a) There shall be within the Department an Economic Regulatory Administration to be headed by an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at a rate provided for level IV of the Executive Schedule under section 5315 of title 5. Such Administrator shall be, by demonstrated ability, background, training, or experience, an individual who is specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy. The Secretary shall by rule provide for a separation of regulatory and enforcement functions assigned to, or vested in, the Administration.
(b) Consistent with the provisions of subchapter IV, the Secretary shall utilize the Economic Regulatory Administration to administer such functions as he may consider appropriate.
(Pub. L. 95–91, title II, § 206, Aug. 4, 1977, 91 Stat. 574.)
42 U.S.C. § 7298 (THE PUBLIC HEALTH AND WELFARE)
§ 7298. Presidential authority
Except as provided in subchapter IV, nothing contained in this chapter shall be construed to limit, curtail, abolish, or terminate any function of, or authority available to, the President which he had immediately before October 1, 1977; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegation of functions.
(Pub. L. 95–91, title VII, § 708, Aug. 4, 1977, 91 Stat. 607.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
42 U.S.C. § 7421 (THE PUBLIC HEALTH AND WELFARE)
§ 7421. Consultation
In carrying out the requirements of this chapter requiring applicable implementation plans to contain—
(1) any transportation controls, air quality maintenance plan requirements or preconstruction review of direct sources of air pollution, or
(2) any measure referred to—
(A) in part D (pertaining to nonattainment requirements), or
(B) in part C (pertaining to prevention of significant deterioration),
and in carrying out the requirements of section 7413(d) 1 of this title (relating to certain enforcement orders), the State shall provide a satisfactory process of consultation with general purpose local governments, designated organizations of elected officials of local governments and any Federal land manager having authority over Federal land to which the State plan applies, effective with respect to any such requirement which is adopted more than one year after August 7, 1977, as part of such plan. Such process shall be in accordance with regulations promulgated by the Administrator to assure adequate consultation. The Administrator shall update as necessary the original regulations required and promulgated under this section (as in effect immediately before November 15, 1990) to ensure adequate consultation. Only a general purpose unit of local government, regional agency, or council of governments adversely affected by action of the Administrator approving any portion of a plan referred to in this subsection 2 may petition for judicial review of such action on the basis of a violation of the requirements of this section.
(July 14, 1955, ch. 360, title I, § 121, as added Pub. L. 95–95, title I, § 119, Aug. 7, 1977, 91 Stat. 719; amended Pub. L. 101–549, title I, § 108(h), Nov. 15, 1990, 104 Stat. 2467.)
heading: References in Text
text: Section 7413(d) of this title, referred to in text, was amended generally by Pub. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, no longer relates to final compliance orders.
heading: Amendments
text: 1990—Pub. L. 101–549 amended penultimate sentence generally. Prior to amendment, penultimate sentence read as follows: “Such regulations shall be promulgated after notice and opportunity for public hearing and not later than 6 months after August 7, 1977.”
heading: Effective Date
text: Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.
42 U.S.C. § 7513b (THE PUBLIC HEALTH AND WELFARE)
§ 7513b. Issuance of RACM and BACM guidance
The Administrator shall issue, in the same manner and according to the same procedure as guidance is issued under section 7408(c) of this title, technical guidance on reasonably available control measures and best available control measures for urban fugitive dust, and emissions from residential wood combustion (including curtailments and exemptions from such curtailments) and prescribed silvicultural and agricultural burning, no later than 18 months following November 15, 1990. The Administrator shall also examine other categories of sources contributing to nonattainment of the PM–10 standard, and determine whether additional guidance on reasonably available control measures and best available control measures is needed, and issue any such guidance no later than 3 years after November 15, 1990. In issuing guidelines and making determinations under this section, the Administrator (in consultation with the State) shall take into account emission reductions achieved, or expected to be achieved, under subchapter IV–A and other provisions of this chapter.
(July 14, 1955, ch. 360, title I, § 190, as added Pub. L. 101–549, title I, § 105(a), Nov. 15, 1990, 104 Stat. 2462.)
42 U.S.C. § 7552 (THE PUBLIC HEALTH AND WELFARE)
§ 7552. Motor vehicle compliance program fees
(a) Fee collection
Consistent with section 9701 of title 31, the Administrator may promulgate (and from time to time revise) regulations establishing fees to recover all reasonable costs to the Administrator associated with—
(1) new vehicle or engine certification under section 7525(a) of this title or part C,
(2) new vehicle or engine compliance monitoring and testing under section 7525(b) of this title or part C, and
(3) in-use vehicle or engine compliance monitoring and testing under section 7541(c) of this title or part C.
The Administrator may establish for all foreign and domestic manufacturers a fee schedule based on such factors as the Administrator finds appropriate and equitable and nondiscriminatory, including the number of vehicles or engines produced under a certificate of conformity. In the case of heavy-duty engine and vehicle manufacturers, such fees shall not exceed a reasonable amount to recover an appropriate portion of such reasonable costs.
(b) Special Treasury fund
Any fees collected under this section shall be deposited in a special fund in the United States Treasury for licensing and other services which thereafter shall be available for appropriation, to remain available until expended, to carry out the Agency’s activities for which the fees were collected.
(c) Limitation on fund use
Moneys in the special fund referred to in subsection (b) of this section shall not be used until after the first fiscal year commencing after the first July 1 when fees are paid into the fund.
(d) Administrator’s testing authority
Nothing in this subsection shall be construed to limit the Administrator’s authority to require manufacturer or confirmatory testing as provided in this part.
(July 14, 1955, ch. 360, title II, § 217, as added Pub. L. 101–549, title II, § 225, Nov. 15, 1990, 104 Stat. 2504.)
42 U.S.C. § 7620 (THE PUBLIC HEALTH AND WELFARE)
§ 7620. Standardized air quality modeling
(a) Conferences
Not later than six months after August 7, 1977, and at least every three years thereafter, the Administrator shall conduct a conference on air quality modeling. In conducting such conference, special attention shall be given to appropriate modeling necessary for carrying out part C of subchapter I (relating to prevention of significant deterioration of air quality).
(b) Conferees
The conference conducted under this section shall provide for participation by the National Academy of Sciences, representatives of State and local air pollution control agencies, and appropriate Federal agencies, including the National Science Foundation; 1 the National Oceanic and Atmospheric Administration, and the National Institute of Standards and Technology.
(c) Comments; transcripts
Interested persons shall be permitted to submit written comments and a verbatim transcript of the conference proceedings shall be maintained.
(d) Promulgation and revision of regulations relating to air quality modeling
The comments submitted and the transcript maintained pursuant to subsection (c) of this section shall be included in the docket required to be established for purposes of promulgating or revising any regulation relating to air quality modeling under part C of subchapter I.
(July 14, 1955, ch. 360, title III, § 320, as added Pub. L. 95–95, title III, § 310, Aug. 7, 1977, 91 Stat. 782; amended Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
heading: Amendments
text: 1988—Subsec. (b). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
heading: Effective Date
text: Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.
42 U.S.C. § 7626 (THE PUBLIC HEALTH AND WELFARE)
§ 7626. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this chapter such sums as may be necessary for the 7 fiscal years commencing after November 15, 1990.
(b) Grants for planning
There are authorized to be appropriated (1) not more than $50,000,000 to carry out section 7505 of this title beginning in fiscal year 1991, to be available until expended, to develop plan revisions required by subpart 2, 3, or 4 of part D of subchapter I, and (2) not more than $15,000,000 for each of the 7 fiscal years commencing after November 15, 1990, to make grants to the States to prepare implementation plans as required by subpart 2, 3, or 4 of part D of subchapter I.
(July 14, 1955, ch. 360, title III, § 327, formerly § 325, as added Pub. L. 95–95, title III, § 315, Aug. 7, 1977, 91 Stat. 790; renumbered § 327 and amended Pub. L. 95–190, § 14(a)(83), Nov. 16, 1977, 91 Stat. 1404; renumbered § 326, Pub. L. 96–300, § 1(c), July 2, 1980, 94 Stat. 831; renumbered § 327, Pub. L. 98–213, § 11, Dec. 8, 1983, 97 Stat. 1461; Pub. L. 101–549, title VIII, § 822, Nov. 15, 1990, 104 Stat. 2699.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1857l of this title, act July 14, 1955, ch. 360, title III, § 316, formerly § 13, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered § 306 and amended Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), (6), (7), 79 Stat. 992; Oct. 15, 1966, Pub. L. 89–675, § 2(a), 80 Stat. 954; renumbered § 309 and amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 316 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub. L. 93–15, § 1(c), 87 Stat. 11; June 22, 1974, Pub. L. 93–319, § 13(c), 88 Stat. 265, prior to repeal by section 306 of Pub. L. 95–95.
heading: Amendments
text: 1990—Pub. L. 101–549 amended section generally, substituting present provisions for provisions authorizing specific appropriations for certain programs and periods and appropriations of $200,000,000 for fiscal years 1978 through 1981 to carry out the other programs under this chapter.
1977—Subsec. (b)(4). Pub. L. 95–190 substituted “section 7403(a)(5)” for “section 7403(b)(5)”.
heading: Effective Date
text: Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.
42 U.S.C. § 7661 (THE PUBLIC HEALTH AND WELFARE)
§ 7661. Definitions
As used in this subchapter—
(1) Affected source
The term “affected source” shall have the meaning given such term in subchapter IV–A.
(2) Major source
The term “major source” means any stationary source (or any group of stationary sources located within a contiguous area and under common control) that is either of the following:
(A) A major source as defined in section 7412 of this title.
(B) A major stationary source as defined in section 7602 of this title or part D of subchapter I.
(3) Schedule of compliance
The term “schedule of compliance” means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation, or emission prohibition.
(4) Permitting authority
The term “permitting authority” means the Administrator or the air pollution control agency authorized by the Administrator to carry out a permit program under this subchapter.
(July 14, 1955, ch. 360, title V, § 501, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2635.)
42 U.S.C. § 7661e (THE PUBLIC HEALTH AND WELFARE)
§ 7661e. Other authorities
(a) In general
Nothing in this subchapter shall prevent a State, or interstate permitting authority, from establishing additional permitting requirements not inconsistent with this chapter.
(b) Permits implementing acid rain provisions
The provisions of this subchapter, including provisions regarding schedules for submission and approval or disapproval of permit applications, shall apply to permits implementing the requirements of subchapter IV–A except as modified by that subchapter.
(July 14, 1955, ch. 360, title V, § 506, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2645.)