dreamproit/uscode huggingface dataset:
42 U.S.C. § 5784 (THE PUBLIC HEALTH AND WELFARE)
§ 5784. Omitted
heading: Codification
text: Section, Pub. L. 93–415, title V, § 505, as added Pub. L. 107–273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 189, which authorized appropriations for fiscal years 2004 to 2008, was omitted as obsolete.
Another section 505 of Pub. L. 93–415, title V, Sept. 7, 1974, 88 Stat. 1135, amended section 5035 of Title 18, Crimes and Criminal Procedure.
heading: Prior Provisions
text: A prior section 5784, Pub. L. 93–415, title V, § 505, as added Pub. L. 102–586, § 5(a), Nov. 4, 1992, 106 Stat. 5028; amended Pub. L. 105–277, div. A, § 101(b) [title I, § 129(a)(2)(F)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–76, related to grants for prevention programs, prior to the general amendment of this subchapter by Pub. L. 107–273.
A prior section 5785, Pub. L. 93–415, title V, § 506, as added Pub. L. 102–586, § 5(a), Nov. 4, 1992, 106 Stat. 5029, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 107–273.
42 U.S.C. § 5792 (THE PUBLIC HEALTH AND WELFARE)
§ 5792. Transferred
heading: Codification
text: Section, Pub. L. 108–21, title III, § 362, Apr. 30, 2003, 117 Stat. 665, was editorially reclassified and is set out in a note under section 3101 of Title 40, Public Buildings, Property, and Works.
42 U.S.C. § 5792a (THE PUBLIC HEALTH AND WELFARE)
§ 5792a. Transferred
heading: Codification
text: Section, Pub. L. 108–21, title III, § 363, Apr. 30, 2003, 117 Stat. 666, was editorially reclassified and is set out in a note under section 3101 of Title 40, Public Buildings, Property, and Works.
42 U.S.C. § 7548 (THE PUBLIC HEALTH AND WELFARE)
§ 7548. Study of particulate emissions from motor vehicles
(a) Study and analysis
(1) The Administrator shall conduct a study concerning the effects on health and welfare of particulate emissions from motor vehicles or motor vehicle engines to which section 7521 of this title applies. Such study shall characterize and quantify such emissions and analyze the relationship of such emissions to various fuels and fuel additives.
(2) The study shall also include an analysis of particulate emissions from mobile sources which are not related to engine emissions (including, but not limited to tire debris, and asbestos from brake lining).
(b) Report to Congress
The Administrator shall report to the Congress the findings and results of the study conducted under subsection (a) not later than two years after August 7, 1977. Such report shall also include recommendations for standards or methods to regulate particulate emissions described in paragraph (2) of subsection (a).
(July 14, 1955, ch. 360, title II, § 214, as added Pub. L. 95–95, title II, § 224(d), Aug. 7, 1977, 91 Stat. 767.)
heading: Prior Provisions
text: A prior section 214 of act July 14, 1955, was renumbered section 216 by Pub. L. 95–95 and is classified to section 7550 of this title.
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.
heading: Study on Suspended Particulate Matter
text: Pub. L. 95–95, title IV, § 403(a), Aug. 7, 1977, 91 Stat. 792, directed Administrator of EPA, not later than 18 months after Aug. 7, 1977, in cooperation with National Academy of Sciences, to study and report to Congress on relationship between size, weight, and chemical composition of suspended particulate matter and nature and degree of endangerment to public health or welfare presented by such particulate matter and availability of technology for controlling such particulate matter.
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) 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. § 7572 (THE PUBLIC HEALTH AND WELFARE)
§ 7572. Enforcement of standards
(a) Regulations to insure compliance with standards
The Secretary of Transportation, after consultation with the Administrator, shall prescribe regulations to insure compliance with all standards prescribed under section 7571 of this title by the Administrator. The regulations of the Secretary of Transportation shall include provisions making such standards applicable in the issuance, amendment, modification, suspension, or revocation of any certificate authorized by part A of subtitle VII of title 49 or the Department of Transportation Act. Such Secretary shall insure that all necessary inspections are accomplished, and,1 may execute any power or duty vested in him by any other provision of law in the execution of all powers and duties vested in him under this section.
(b) Notice and appeal rights
In any action to amend, modify, suspend, or revoke a certificate in which violation of an emission standard prescribed under section 7571 of this title or of a regulation prescribed under subsection (a) is at issue, the certificate holder shall have the same notice and appeal rights as are prescribed for such holders in part A of subtitle VII of title 49 or the Department of Transportation Act, except that in any appeal to the National Transportation Safety Board, the Board may amend, modify, or revoke the order of the Secretary of Transportation only if it finds no violation of such standard or regulation and that such amendment, modification, or revocation is consistent with safety in air transportation.
(July 14, 1955, ch. 360, title II, § 232, as added Pub. L. 91–604, § 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.)
heading: References in Text
text: The Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
heading: Codification
text: In subsecs. (a) and (b), “part A of subtitle VII of title 49” substituted for “the Federal Aviation Act [49 App. U.S.C. 1301 et seq.]” and “the Federal Aviation Act of 1958 [49 App. U.S.C. 1301 et seq.]” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
Section was formerly classified to section 1857f–10 of this title.
42 U.S.C. § 7585 (THE PUBLIC HEALTH AND WELFARE)
§ 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs.)
(a) Model years after 1997; combined NOx and NMHC standard
For classes or categories of heavy-duty vehicles or engines manufactured for the model year 1998 or thereafter and having a GVWR greater than 8,500 lbs. and up to 26,000 lbs. GVWR, the standards under this part for clean-fuel vehicles shall require that combined emissions of oxides of nitrogen (NOx) and nonmethane hydrocarbons (NMHC) shall not exceed 3.15 grams per brake horsepower hour (equivalent to 50 percent of the combined emission standards applicable under section 7521 of this title for such air pollutants in the case of a conventional model year 1994 heavy-duty diesel-fueled vehicle or engine). No standard shall be promulgated as provided in this section for any heavy-duty vehicle of more than 26,000 lbs. GVWR.
(b) Revised standards that are less stringent
(1) The Administrator may promulgate a revised less stringent standard for the vehicles or engines referred to in subsection (a) if the Administrator determines that the 50 percent reduction required under subsection (a) is not technologically feasible for clean diesel-fueled vehicles and engines, taking into account durability, costs, lead time, safety, and other relevant factors. To provide adequate lead time the Administrator shall make a determination with regard to the technological feasibility of such 50 percent reduction before December 31, 1993.
(2) Any person may at any time petition the Administrator to make a determination under paragraph (1). The Administrator shall act on such a petition within 6 months after the petition is filed.
(3) Any revised less stringent standards promulgated as provided in this subsection shall require at least a 30 percent reduction in lieu of the 50 percent reduction referred to in paragraph (1).
(July 14, 1955, ch. 360, title II, § 245, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2519.)
42 U.S.C. § 7587 (THE PUBLIC HEALTH AND WELFARE)
§ 7587. Vehicle conversions
(a) Conversion of existing and new conventional vehicles to clean-fuel vehicles
The requirements of section 7586 of this title may be met through the conversion of existing or new gasoline or diesel-powered vehicles to clean-fuel vehicles which comply with the applicable requirements of that section. For purposes of such provisions the conversion of a vehicle to clean fuel 1 vehicle shall be treated as the purchase of a clean fuel 1 vehicle. Nothing in this part shall be construed to provide that any covered fleet operator subject to fleet vehicle purchase requirements under section 7586 of this title shall be required to convert existing or new gasoline or diesel-powered vehicles to clean-fuel vehicles or to purchase converted vehicles.
(b) Regulations
The Administrator shall, within 24 months after November 15, 1990, consistent with the requirements of this subchapter applicable to new vehicles, promulgate regulations governing conversions of conventional vehicles to clean-fuel vehicles. Such regulations shall establish criteria for such conversions which will ensure that a converted vehicle will comply with the standards applicable under this part to clean-fuel vehicles. Such regulations shall provide for the application to such conversions of the same provisions of this subchapter (including provisions relating to administration enforcement) as are applicable to standards under section 2 7582, 7583, 7584, and 7585 of this title, except that in the case of conversions the Administrator may modify the applicable regulations implementing such provisions as the Administrator deems necessary to implement this part.
(c) Enforcement
Any person who converts conventional vehicles to clean fuel 1 vehicles pursuant to subsection (b), shall be considered a manufacturer for purposes of sections 7525 and 7541 of this title and related enforcement provisions. Nothing in the preceding sentence shall require a person who performs such conversions to warrant any part or operation of a vehicle other than as required under this part. Nothing in this paragraph shall limit the applicability of any other warranty to unrelated parts or operations.
(d) Tampering
The conversion from a vehicle capable of operating on gasoline or diesel fuel only to a clean-fuel vehicle shall not be considered a violation of section 7522(a)(3) of this title if such conversion complies with the regulations promulgated under subsection (b).
(e) Safety
The Secretary of Transportation shall, if necessary, promulgate rules under applicable motor vehicle laws regarding the safety of vehicles converted from existing and new vehicles to clean-fuel vehicles.
(July 14, 1955, ch. 360, title II, § 247, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2523.)
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) 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. § 7624 (THE PUBLIC HEALTH AND WELFARE)
§ 7624. Cost of vapor recovery equipment
(a) Costs to be borne by owner of retail outlet
The regulations under this chapter applicable to vapor recovery with respect to mobile source fuels at retail outlets of such fuels shall provide that the cost of procurement and installation of such vapor recovery shall be borne by the owner of such outlet (as determined under such regulations). Except as provided in subsection (b), such regulations shall provide that no lease of a retail outlet by the owner thereof which is entered into or renewed after August 7, 1977, may provide for a payment by the lessee of the cost of procurement and installation of vapor recovery equipment. Such regulations shall also provide that the cost of procurement and installation of vapor recovery equipment may be recovered by the owner of such outlet by means of price increases in the cost of any product sold by such owner, notwithstanding any provision of law.
(b) Payment by lessee
The regulations of the Administrator referred to in subsection (a) shall permit a lease of a retail outlet to provide for payment by the lessee of the cost of procurement and installation of vapor recovery equipment over a reasonable period (as determined in accordance with such regulations), if the owner of such outlet does not sell, trade in, or otherwise dispense any product at wholesale or retail at such outlet.
(July 14, 1955, ch. 360, title III, § 323, formerly § 324, as added Pub. L. 95–95, title III, § 314(a), Aug. 7, 1977, 91 Stat. 788; amended Pub. L. 95–190, § 14(a)(82), Nov. 16, 1977, 91 Stat. 1404; renumbered § 323 and amended Pub. L. 96–300, § 1(b), (c), July 2, 1980, 94 Stat. 831.)
heading: Prior Provisions
text: A prior section 323 of act July 14, 1955, was classified to section 7623 of this title prior to repeal by Pub. L. 96–300, § 1(c), July 2, 1980, 94 Stat. 831.
heading: Amendments
text: 1980—Pub. L. 96–300, § 1(b), which directed that last sentence of this section be struck out was probably intended to strike sentence purportedly added by Pub. L. 95–190. See 1977 Amendment note below and section 7623(i) of this title.
1977—Pub. L. 95–190 which purported to amend subsec. (j) of this section by inserting “The Commission may appoint and fix the pay of such staff as it deems necessary.” after “(j)” was not executed to this section because it did not contain a subsec. (j). See 1980 Amendment note above.
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. § 7671f (THE PUBLIC HEALTH AND WELFARE)
§ 7671f. Exchange authority
(a) Transfers
The Administrator shall, within 10 months after November 15, 1990, promulgate rules under this subchapter providing for the issuance of allowances for the production of class I and II substances in accordance with the requirements of this subchapter and governing the transfer of such allowances. Such rules shall insure that the transactions under the authority of this section will result in greater total reductions in the production in each year of class I and class II substances than would occur in that year in the absence of such transactions.
(b) Interpollutant transfers
(1) The rules under this section shall permit a production allowance for a substance for any year to be transferred for a production allowance for another substance for the same year on an ozone depletion weighted basis.
(2) Allowances for substances in each group of class I substances (as listed pursuant to section 7671a of this title) may only be transferred for allowances for other substances in the same Group.
(3) The Administrator shall, as appropriate, establish groups of class II substances for trading purposes and assign class II substances to such groups. In the case of class II substances, allowances may only be transferred for allowances for other class II substances that are in the same Group.
(c) Trades with other persons
The rules under this section shall permit 2 or more persons to transfer production allowances (including interpollutant transfers which meet the requirements of subsections (a) and (b)) if the transferor of such allowances will be subject, under such rules, to an enforceable and quantifiable reduction in annual production which—
(1) exceeds the reduction otherwise applicable to the transferor under this subchapter,
(2) exceeds the production allowances transferred to the transferee, and
(3) would not have occurred in the absence of such transaction.
(d) Consumption
The rules under this section shall also provide for the issuance of consumption allowances in accordance with the requirements of this subchapter and for the trading of such allowances in the same manner as is applicable under this section to the trading of production allowances under this section.
(July 14, 1955, ch. 360, title VI, § 607, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2660.)
42 U.S.C. § 7671i (THE PUBLIC HEALTH AND WELFARE)
§ 7671i. Nonessential products containing chlorofluorocarbons
(a) Regulations
The Administrator shall promulgate regulations to carry out the requirements of this section within 1 year after November 15, 1990.
(b) Nonessential products
The regulations under this section shall identify nonessential products that release class I substances into the environment (including any release occurring during manufacture, use, storage, or disposal) and prohibit any person from selling or distributing any such product, or offering any such product for sale or distribution, in interstate commerce. At a minimum, such prohibition shall apply to—
(1) chlorofluorocarbon-propelled plastic party streamers and noise horns,
(2) chlorofluorocarbon-containing cleaning fluids for noncommercial electronic and photographic equipment, and
(3) other consumer products that are determined by the Administrator—
(A) to release class I substances into the environment (including any release occurring during manufacture, use, storage, or disposal), and
(B) to be nonessential.
In determining whether a product is nonessential, the Administrator shall consider the purpose or intended use of the product, the technological availability of substitutes for such product and for such class I substance, safety, health, and other relevant factors.
(c) Effective date
Effective 24 months after November 15, 1990, it shall be unlawful for any person to sell or distribute, or offer for sale or distribution, in interstate commerce any nonessential product to which regulations under subsection (a) implementing subsection (b) are applicable.
(d) Other products
(1) Effective January 1, 1994, it shall be unlawful for any person to sell or distribute, or offer for sale or distribution, in interstate commerce—
(A) any aerosol product or other pressurized dispenser which contains a class II substance; or
(B) any plastic foam product which contains, or is manufactured with, a class II substance.
(2) The Administrator is authorized to grant exceptions from the prohibition under subparagraph (A) of paragraph (1) where—
(A) the use of the aerosol product or pressurized dispenser is determined by the Administrator to be essential as a result of flammability or worker safety concerns, and
(B) the only available alternative to use of a class II substance is use of a class I substance which legally could be substituted for such class II substance.
(3) Subparagraph (B) of paragraph (1) shall not apply to—
(A) a foam insulation product, or
(B) an integral skin, rigid, or semi-rigid foam utilized to provide for motor vehicle safety in accordance with Federal Motor Vehicle Safety Standards where no adequate substitute substance (other than a class I or class II substance) is practicable for effectively meeting such Standards.
(e) Medical devices
Nothing in this section shall apply to any medical device as defined in section 7671(8) of this title.
(July 14, 1955, ch. 360, title VI, § 610, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2664.)