An Act to amend the Clean Air Act to improve and expand the authority to conduct or assist research relating to air pollutants, to assist in the establishment of regional air quality commissions, to authorize establishment of standards applicable to emissions from establishments engaged in certain types of industry, to assist in establishment and maintenance of State programs for annual inspections of automobile emission control devices, and for other purposes
PL 90-148 (S.780), enacted 11/21/1967

81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
485 
Public Law 90-148 
A N A C T 
November 21, 19 67 
To amend' the Clean Air Act to authorize planning grants to air pollution con- 
1
^
^
- '^^°] 
trol agencies; expand research provisions relating to fuels and vehicles; pro-
vide for interstate air pollution control agencies or commissions; authorize the 
establishment of air quality standards, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may /"'" Quality Act 
be cited as the "Air Quality Act of 1967". 
SEC. 2. The Clean Air Act, as amended (42 U.S.C. 1857-18571), is 
j^st^.^^^'' 
hereby amended to read as follows: 
"TITLE I—AIR POLLUTION PREVENTION AND 
CONTROL 
a 
FINDINGS AND PUItPOSES 
"SEC. 101. (a) The Congress finds— 
"(1) that the predominant part of the Nation's population is 
located in its rapidly expanding metropolitan and other urban 
areas, which generally cross the boundary lines of local jurisdic-
tions and often extend into two or more States; 
" (2) that the growth in the amount and complexity of air pollu-
tion brought about by urbanization, industrial development, and 
the increasing use of motor vehicles, has resulted in mounting 
dangers to the public health and welfare, including injury to agri-
cultural crops and livestock, damage to and the deterioration of 
property, and hazards to air and ground transportation; 
"(3) that the prevention and control of air pollution at its 
source is the primary responsibility of States and local govern-
ments; and 
" (4) that Federal financial assistance and leadership is essential 
for the development of cooperative Federal, State, regional, and 
local programs to prevent and control air pollution. 
"(b) The purposes of this title are— 
"(1) to protect and enhance the quality of the Nation's air 
resources so as to promote the public health and welfare and the 
productive capacity of its population; 
" (2) to initiate and accelerate a national research and develop-
ment program to achieve the prevention and control of air 
pollution; 
"(3) to provide technical and financial assistance to State and 
local governments in connection with the development and execu-
tion of their air pollution prevention and control programs; and 
"(4) to encourage and assist the development and operation of 
regional air pollution control programs. 
u 
COOPERATIVE ACTIVITIES AND UNIFORM LAWS 
"SEC. 102. (a) The Secretary shall encourage cooperative activities 
by the States and local governments for the prevention and control 
of air pollution; encourage the enactment of improved and, so far as 
practicable in the li^ht of varying conditions and needs, uniform State 
and local laws relating to the prevention and control of air pollution; 
and encourage the making of agreements and compacts between States 
for the prevention and control of air pollution. 
"(b) The Secretary shall cooperate with and encourage cooperative 
activities by all Federal departments and agencies having functions 
relating to the prevention and control of air pollution, so as to assure 
486 
PUBLIC LAW 90-146-NOV. 21, 1967 
[81 STAT. 
the utilization in the Federal air pollution control j)rogram of all 
appropriate and available facilities and resources withm the Fed-
eral Government. 
"(c) The consent of the Congress is hereby given to two or more 
States to negotiate and enter into agreements or compacts, not in con-
flict with any law or treaty of the United States, for (1) cooperative 
effort and mutual assistance for the prevention and control of air 
pollution and the enforcement of their respective laws relating thereto, 
and (2) the establishment of such agencies, joint or otherwise, as they 
may deem desirable for making effective such agreements or compacts. 
No such agreement or compact shall be binding or obligatory upon 
any State a party thereto unless and until it has been approved by Con-
gress. It is the intent of Congress that no agreement or compact entered 
into between States after the date of enactment of the Air Quality Act 
of 1967, which relates to the control and abatement of air |)ollution 
in an air quality control region, shall provide for participation b}^ a 
State which is not included (in whole or in part) m such air quality 
control region. 
"RESEARCH, INVESTIGATIONS, TRAINING, AND OTHER ACTIVITIES 
"SEC. 103. (a) The Secretary shall establish a national research and 
development program for the prevention and control of air pollution 
and as part of such program shall— 
"(1) conduct, and promote the coordination and acceleration of, 
research, investigations, experiments, training, demonstrations, 
surveys, and studies relating to the causes, effects, extent, pre-
vention, and control of air pollution; 
"(2) encourage, cooperate with, and render technical services 
and provide financial assistance to air pollution control agencies 
and other appropriate public or private agencies, institutions, and 
organizations, q,nd individuals in the conduct of such activities; 
"(3) conduct investigations and research and make surveys con-
cerning any Specific i)rob]em of air pollution in cooperation with 
any air pollution control agency with a view to recommending a 
solutionof such problem, if he is requested to do so by such agency 
or if, in his judgment, such problem may affect any community or 
communities in a State other than that in which the source of the 
matter causing or contributing to the pollution is located; 
"(4) estaiblish technical advisory committees composed of recog-
nized experts in various aspects of air pollution to assist in the 
examination and evaluation of research progress and proposals 
and to avoid duplication of research. 
"(b) In carrying out the provisions of the preceding subsection the 
Secretary is authorized to— 
"(1) collect and make available, through publications and other 
appropriate means, the results of and other information, including 
appropriate recommendations by him in connection therewith, per-
taining to such research and other activities; 
"(2) cooperate with other P^ederal departments and agencies, 
with air pollution control agencies, with other public and private 
agencies, institutions, and organizations, and with any industries 
involved, in the j^reparation and conduct of such research and 
other activities; 
"(3) make grants to air pollution control agencies, to other 
public or nonprofit private agencies, institutions, and organiza-
tions, and to individuals, for purposes stated in subsection (a) 
(1) of this section; 
" (4) contract with public or private agencies, institutions, and 
organizations, and with individuals, without regard to sections 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
487 
3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 
U.S.C. 5); 
"(5) provide training for, and make training grants to, per-
sonnel of air pollution control agencies and other persons with 
suitable qualifications; 
" (6) establish and maintain research fellowships, in the Depart-
ment of Health, Education, and Welfare and at public or non-
profit private educational institutions or research organizations; 
"(7) collect and disseminate, in cooperation with other Federal 
departments and agencies, and with other public or private agen-
cies, institutions, and organizations having related responsibili-
ties, basic data on chemical, physical, and biological effects of 
varying air quality and other information pertaining to air pollu-
tion and the prevention and control thereof; and 
"(8) develop effective and practical processes, methods, and 
prototype devices for the prevention or control of air pollution. 
"(c) In carrying out the provisions of subsection (a) of this section 
the Secretary shall conduct research on, and survey the results of other 
scientific studies on, the harmful effects on the health or welfare of 
persons by the various known air pollution agents (or combinations 
of agents). 
"(d) The Secretary is authorized to construct such facilities and 
staff and equip them as he determines to be necessary to carry out his 
functions under this Act. 
"(e) If, in the judgment of the Secretary, an air pollution problem 
of substantial significance may result from discharge or discharges 
into the atmosphere, he may call a conference concerning this poten-
tial air pollution problem to be held in or near one or more of the 
places where such discharge or discharges are occurring or will 
occur. All interested persons shall be given an opportunity to be 
heard at such conference, either orally or in writing, and shall be per-
mitted to appear in person or by representative m accordance with 
procedures prescribed by the Secretary. If the Secretary finds, on the 
basis of the evidence presented at such conference, that the discharge 
or discharges if permitted to take place or continue are likely to cause 
or contribute to air pollution subject to abatement under section 
108(a), he shall send such findings, together w^ith recommendations 
concerning the measures which he finds reasonable and suitable to pre-
vent such pollution, to the person or persons whose actions will result 
in the discharge or discharges involved; to air pollution agencies of 
the State or States and of the municipality or municipalities where 
such discharge or discharges will originate; and to the interstate air 
pollution control agency, if any, in the jurisdictional area of which 
any such municipality is located. Such findings and recommendations 
shall be advisory only, but shall be admitted together with the record 
of the conference, as part of the proceedings under subsections (d), 
(e), and (f) of section 108. 
"RESEARCH RELATING TO FUELS AND VEHICLES 
"SEC. 104. (a) The Secretary shall give special emphasis to research 
and development into new and improved methods, having industry-
wide application, for the prevention and control of air pollution 
resulting from the combustion of fuels. In furtherance of such research 
and development he shall— 
"(1) conduct and accelerate research programs directed toward 
development of improved, low-cost techniques for control of com-
488 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
bustion byproducts of fuels, for removal of ix)tential pollutants 
from fuels, and for control of emissions from evaporation of fuels; 
" (2) provide for Federal grants to public or nonprofit agencies, 
institutions, and organizations and to individuals, and contracts 
with public or private agencies, institutions, or persons, for pay-
ment of (A) part of the cost of acquiring, constructing, or other-
wise securing for research and development purposes, new or 
improved devices or methods having industrywide application of 
preventing or controlling discharges into the air of various types 
of pollutants; and (B) carrying out the other provisions of this 
section, without regard to sections 3648 and 3709 of the Revised 
Statutes (31 U.S.C. 529; 41 U.S.C. 5) : Provided, That research 
or demonstration contracts awarded pursuant to this subsection 
(including contracts for construction) may be made in accordance 
with, and subject to the limitations provided with respect to 
research contracts of the military departments in, section 2353 of 
70A Stat. 134. 
^j^jg jQ, United States Code, except that the determination, 
approval, and certification required thereby shall be made by the 
Limitation. 
Secretary: Provided further, That no grant may be made under 
this paragraph in excess of $1,500,000; 
" (3) determine, by laboratory and pilot plant testing, the results 
of air pollution research and studies in order to develop new or 
improved processes and plant designs to the point where they can 
be demonstrated on a large and practical scale; 
"(4) construct, operate, and maintain, or assist in meeting the 
cost of the construction, operation, and maintenance of new or im-
proved demonstration plants or processes which have promise of 
accomplishing the purposes of this Act; 
"(5) study new or improved methods for the recovery and 
marketing of commercially valuable byproducts resulting from 
the removal of pollutants. 
"(b) In carrying out the provisions of this section, the Secretary 
may— 
"(1) conduct and accelerate research and development of low-
cost instrumentation techniques to facilitate determination of 
quantity and quality of air pollutant emissions, including, but 
not limited to, automotive emissions; 
"(2) utilize, on a reimbursable basis, the facilities of existing 
Federal scientific laboratories; 
"(3) establish and operate necessary facilities and test sites at 
which to carry on the research, testing, development, and program-
ing necessary to effectuate the purposes of this section; 
"(4) acquire secret processes, technical data, inventions, patent 
applications, patents, licenses, and an interest in lands, plants, 
and facilities, and other property or rights by purchase, license, 
lease, or donation; and 
" (5) cause on-site inspections to be made of promising domestic 
and foreign projects, and cooperate and participate in their devel-
opment in instances in which the purposes of the Act will be 
served thereby. 
Appropriation. 
«;^^^ YQY the purposes of this section there are authorized to be 
appropriated for the fiscal year ending June 30, 1968, $35,000,000, 
and for the fiscal year ending June 30, 1969, $90,000,000. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended. 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
489 
"(JRAXTS FOR SUPl'OKT OF AIR POLLFTIOX PLAXXING AND CONTROL 
PROGRAMS 
''SEC. 105. (a) (1) The Secretary is authorized to make grants to air 
pollution control agencies in an amount up to two-thirds of the cost of 
planning, developing, establishing, or improving, and grants to such 
agencies in an amount up to one-half of the cost of maintaining, pro-
grams for the prevention and control of air pollution and programs 
for the implementation of air quality standards authorized by this 
Act: Provided^ That the Secretary is authorized to make grants to air 
pollution control agencies within the meaning of sections 302(b) (2) 
and 302(b) {-i) in an amount up to three-fourths of the cost of plan-
ning, developing, establishing, or improving and up to three-fifths of 
the cost of maintaining, regional air quality control programs. As used ^"^^y^conlroi* 
in this subsection the term "regional air quality control program' means program." 
a program for the prevention and control of air pollution or the imple-
mentation of air quality standards programs as authorized by this 
Act, in an area that includes the areas of two or more municipalities 
\\ hether in the same or different States. 
"(2) Before approving any grant under this subsection to any air 
pollution control agency within the meaning of sections 302(b)(2) 
and 302(b) (4), the Secretary shall receive assurances that such agency 
provides for adequate representation of api)ropriate State, interstate, 
local, and (when appropriate) international, interests in the air quality 
control region. 
" (3) Before approving any planning grant under this subsection to 
any air pollution control agency within the meaning of sections 302 
(b)(2) and 302(b)(4), the Secretary shall receive assurances that 
such agency has the capability of developing a comprehensive air 
quality plan for the air quality control region, which plan shall include 
(when appropriate) a recommended system of alerts to avert and 
reduce the risk of situations in which there may be imminent and 
serious danger to the public health or welfare from air pollutants and 
the various aspects relevant to the establishment of air quality stand-
ards for such air quality control region, including the concentration 
of industries, other commercial establishments, population and natu-
rally occurring factors which shall affect such standards. 
"•(b) From the sums available for the purposes of subsection (a) of 
this section for any fiscal year, the Secretary shall from time to time 
make grants to air pollution control agencies upon such terms and 
conditions as the Secretary may find necessary to carry out the pur-
pose of this section. In establishing regulations for the granting of 
such funds the Secretary shall, so far as practicable, give due con-
sideration to (1) the population, (2) the extent of the actual or poten-
tial air pollution problem, and (3) the financial need of the respective 
agencies. No agency shall receive any grant under this section during 
any fiscal year when its expenditures of non-Federal funds for other 
than nonrecurrent expenditures for air pollution control programs 
will be less than its expenditures were for such programs during the 
preceding fiscal year; and no agency shall receive any grant under 
this section with respect to the maintenance of a program for the 
prevention and control of air pollution unless the Secretary is satisfied 
that such grant will be so used as to supplement and, to the extent 
practicable, increase the level of State, local, or other non-Federal 
funds that would in the absence of such grant be made available for 
the maintenance of such program, and will in no event supplant such 
State, local, or other non-Federal funds. Xo grant shall be made 
under this section until the Secretary has consulted with the appro-
priate official as designated by the Governor or Governors of the State 
or States affected. 
490 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
Limitation. 
" (c) Xot more than 10 per centum of the total of funds appropriated 
or allocated for the purposes of subsection (a) of this section shall be 
granted for air pollution control programs in any one State. In the 
case of a grant for a program in an area crossing State boundaries, 
the Secretary shall determine the portion of such grant that is charge-
able to the percentage limitation under this subsection for each State 
into which such area extends. 
Compensation, 
travel expenses. 
80 Stat. 416. 
"INTERSTATE AIR QUALITY AGENCIES OR COMMISSIONS 
"SEC, 106. (a) For the purpose of expediting the establishment of 
air quality standards in an interstate air quality control region desig-
nated pursuant to section 107(a)(2), the Secretary is authorized to 
pay, for two years, up to 100 per centum of the air quality planning 
program costs of any agency designated by the Governors of the 
affected States, which agency shall be capable of recommending to 
the Governors standards of air quality and plans for implementation 
thereof and shall include representation from the States and appro-
priate political subdivisions within the air quality control region. 
After tlie initial two-year period the Secretary is authorized to make 
grants to such agency in an amount up to three-fourths of the air 
quality planning program costs of such agency, 
"(b) (1) Whenever the Secretary deems it necessary to expedite the 
establishment of standards for an interstate air quality control region 
designated pursuant to section 107(a) (2) he may, after consultation 
with the Governors of the affected States, designate or establish an 
air quality planning commission for the purpose of developing recom-
mended regulations setting forth standards of air quality to be appli-
cable to such air quality control region. 
"(2) Such Commission shall consist of the Secretary or his designee 
who shall serve as Chairman, and adequate representation of appro-
priate State, interstate, local and (when appropriate), interna-
tional, interests in the designated air quality control region. 
"(3) The Secretary shall, within available funds, provide such staff 
for such (Commission as may be necessary to enable it to carry out its 
functions ert'ectively, and shall pay the other expenses of the Com-
mission ; and may also accept for the use by such Commission, funds, 
property, or services contributed by the State involved or political 
subdivisions thereof. 
"(4) Each appointee from a State, other than an official or em-
ployee thereof, or of any political subdivision thereof, shall, while 
engaged in the work of the Commission, receive compensation at a 
rate fixed by the Secretary, but not in excess of $100 per diem, includ-
ing traveltime, and while away from his home or regular place of 
business, he may be allowed travel expenses, including per diem in 
lieu of subsistence, as authorized by law^ (5 U.S.C. 3109) for persons 
in the Government service employed intermittently. 
"AIR QUALITY CONTROL REGIONS, CRITERIA, AND CONTROL TECHNIQUES 
"SEC. 107. (a) (1) The Secretary shall, as soon as practicable, but 
not later than one year after the date of enactment of the Air Quality 
Act of 1967, define for the purposes of this Act, atmospheric areas 
of the Nation on the basis of those conditions, including, but not lim-
ited to, climate, meteorology, and topography, which affect the inter-
change and dift'usion of pollutants in the atmosphere. 
"(2) For the purpose of establishing ambient air quality standards 
pursuant to section 108, and for administrative and other purposes, the 
Secretary, after consultation with appropriate State and local author-
ities shall, to the extent feasible, within 18 months after the date of 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
491 
enactment of the Air Quality Act of 1967 designate air quality con-
trol regions based on jurisdictional boundaries, urban-industrial con-
centrations, and other factors including atmospheric areas necessary 
to provide adequate implementation of air quality standards. The 
Secretary may from time to time thereafter, as he determines neces-
sary to protect the public health and welfare and after consultation 
with appropriate State and local authorities, revise the designation 
of such regions and designate additional air quality control regions. 
The Secretary shall immediately notify the Governor or Governors 
of the affected State or States of such designation. 
''(b)(1) The Secretary shall, after consultation with appropriate 
advisory committees and Federal departments and agencies, from 
time to time, but as soon as practicable, develop and issue to the States 
such criteria of air quality as in his judgment may be requisite for 
the protection of the public health and welfare: Provided. That any 
criteria issued prior to enactment of this section shall be reevaluated 
in accordance with the consultation procedure and other provisions 
of this section and, if necessary, modified and reissued. Such issuance pfH"^^ai"'Re°"s|"r 
shall be announced in the Federal Register and copies shall be made 
^ "^'^ *^^^ ^'' 
available to the general public. 
" (2) Such criteria shall accurately reflect the latest scientific knowl-
edge useful in indicating the kind and extent of all indentifiable 
effects on health and welfare which may be expected from the presence 
of an air pollution agent, or combination of agents in the ambient air, 
in varying quantities. 
"(3) Such criteria shall include those variable factors which of 
themselves or in combination with other factors may alter the effects 
on public health and welfare of any subject agent or combination of 
agents, including, but not limited to, atmospheric conditions, and the 
types of air pollution agent or agents w^hich, when present in the 
atmosphere, may interact with such subject agent or agents, to produce 
an adverse effect on public health and welfare. 
"(c) The Secretary shall, after consultation with appropriate 
advisory committees and Federal departments and agencies, issue to 
the States and appropriate air pollution control agencies information 
on those recommended pollution control techniques the application of 
which is necessary to achieve levels of air quality set forth in criteria 
issued pursuant to subsection (b), including those criteria subject to 
the proviso in subsection (b)(1), which information shall include 
technical data relating to the technology and costs of emission control. 
Such recommendations shall include such data as are available on the 
latest available technology and economic feasibility of alternative 
methods of prevention and control of air contamination including 
cost-effectiveness analyses. Such issuance shall be announced in the Frde'^i\'^Re°"ster 
P^'ederal Register and copies shall be made available to the general 
public. 
"(d) The Secretary shall, from time to time, revise and reissue 
material issued pursuant to subsections (b) and (c) in accordance 
with procedures established in such subsections. 
"AIR QUALITY STANDARDS AND ABA'O:MENT or AIR POLIX'TION 
"SEC. 108. (a) The pollution of the air in any State or States 
which endangers the health or welfare of any persons, shall be subject 
to abatement as provided in this section. 
" (b) Consistent with the policy declaration of this title, municipal, 
State, and interstate action to abate air pollution shall be encouraged 
and shall not be displaced by Federal enforcement action except as 
otherwise provided by or pursuant to a court order under subsection 
( c ) , ( h ) , o r ( k ) . 
492 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
•'(c')(l) If, Mt'ter receiving- any air (![ualitY criteria and recom-
mended control teclmiques issued pursuant to section 107, the Governor 
of a State, within ninety days of such receipt, files a letter of intent 
that such State will within one hundred and eighty days, and from 
time to time thereafter, adopt, after public hearings, ambient air 
quality standards applicable to any designated air quality control re-
gion or portions thereof within such State and within one hundred and 
eighty days thereafter, and from time to time as may be necessary, 
adopts a plan for the implementation, maintenance, and enforcement 
of such standards of air quality adopted, and if such standards and 
plan are established in accordance with the letter of intent and if the 
Secretary determines that such State standards are consistent with 
the air quality criteria and reconmiended control techniques issued pur-
suant to section 107; that the plan is consistent with the purposes of 
the Act insofar as it assures achieving- such standards of air quality 
within a reasonable time; and that a means of enforcement by State 
action, including authority comparable to that in subsection (k) of 
this section, is provided, such State standards and plan shall be the 
air quality standards applicable to such State. If the Secretary deter-
mines that any revised State standards and plan are consistent with 
the purposes of this Act and this subsection, such standards and plan 
shall be the air quality standards applicable to such State. 
"(2) If a State does not (A) file a letter of intent or (B) establish 
air quality standards in accordance with paragraph (1) of this subsec-
tion with respect to any air quality control region or portion thereof 
and if the Secretary finds it necessary to achieve the purpose of this 
Act, or the Governor of any State affected by air quality standards 
established pursuant to this subsection petitions for a revision in such 
standards, the Secretary may after reasonable notice and a conference 
of representatives of appropriate Federal departments and agencies, 
interstate agencies, States, municipalities, and industries involved, 
prepare regulations setting .forth standards of air quality consistent 
with the air quality criteria and recommended control techniques 
issued pui"suant to section 107 to be applicable to such air quality con-
trol region or portions thereof. If, within six months from the date the 
Secretary publishes such regulations, the State has not adopted air 
quality standards found by the Secretary to be consistent with the pur-
poses of this Act, or a petition for public hearing has not been filed 
under paragraph (3) of this subsection, the Secretary shall promulgate 
such standards. 
m^bersf^' ^°^'^ 
"(^) ^^ ^^' ^^^J ti^^ pi'ior to thirty days after standards have been 
promulgated under paragraph (2) of this sulbsection, the (jOA^ernor of 
any State aff'ected by such standards petitions the Secretai'y for a 
hearing, the Secretary shall call a public hearing for the purpose of 
receiving testimony from State and local pollution control agencies 
and other interested parties affected by the proposed standards, to be 
held in or near one or more of the places where the air quality standards 
will take effect, before a hearing board of five or more persons 
appointed by the Secretary. Each State which would be affected by 
such standards shall be given an opportunity to select a member of the 
hearing board. Each Federal department, agency, or instrumentality 
having a substantial interest in the subject matter as determined by the 
Secretary shall be given an opportunity to select one member of the 
hearing board and not less than a majority of the hearing board shall 
be persons other than ojHicers or employees of the Department of 
tr^v°eT^e^"en*ses' Health, Education, and Welfare. The members of the board who are 
not officers or employees of the United States, while participating in 
the hearing conducted by such hearing board or otherwise engaged in 
the work of such hearing board, shall be entitled to receive compensa-
tion at a rate fixed by the Secretary, but not exceeding $100 per diem, 
Federal Register. 
Violations, 
jurisdiction. 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
493 
including traveltime, and while away from their homes or regular 
places of business they may be allowed travel expenses, including per 
diem in lieu of subsistence, as authorized by section 5703, title 5, of the 
United States Code for persons in the Government service employed 
so stat. 499. 
intermittently. At least thirty days prior to the date of such hearing ^T^'l^i'i'^l^i^f^t!^, 
notice of such hearing shall be published in the Federal Register and 
' "'" 
'""'° " 
given to parties notified of the conference required in paragraph (2) 
of this subsection. On the basis of the evidence presented at such hear-
ing, the hearing board shall within ninety days unless the Secretary 
determines a longer period is necessary, but in no event longer than one 
hundred and eighty days, make findings as to whether the standards 
published or promulgated by the Secretary should be approved or 
modified and transmit its findings to the Secretary. If the hearing 
board approves the standards as published or promulgated by the 
Secretary, the standards shall take effect on receipt by the Secretary of 
the hearing board's recommendations. If the hearmg board recom-
mends modifications in the standards as published or promulgated by 
the Secretary, the Secretary shall promulgate revised regulations 
setting forth standards of air quality in accordance with the hearing 
board's recommendations which will become efl'ective immediately upon 
promulgation. 
"(4) Whenever, on the basis of surveys, studies and reports, the 
Secretary finds that the ambient air quality of any air quality control 
region or portion thereof is below the air quality standards established 
under this subsection, and he finds that such lowered air quality results 
from the failure of a State to take reasonable action to enforce such 
standards, the Secretary shall notify the affected State or States, per-
sons contributing to the alleged violation, and other interested parties 
of the violation of such standards. If such failure does not cease w^ithin 
one hundred and eighty days from the date of the Secretary's notifica-
tion, the Secretary— 
"(i) in the case of pollution of air which is endangering the 
health or welfare of persons in a State other than that in which 
the discharge or discharges (causing or contributing to such pollu-
tion) originate, may request the Attorney General to bring a suit 
on behalf of the United States in the appropriate United States 
district court to secure abatement of the pollution. 
"(ii) in the case of pollution of air which is endangering the 
health or welfare of persons only in the State in which the dis-
charge or discharges (causing or contributing to such pollution) 
originate, at the request of the Governor of such State, shall pro-
vide such technical and other assistance as in his judgment is 
necessary to assist the State in judicial proceedings to secure 
abatement of the pollution under State or local law, or, at the 
request of the Governor of such State, shall request the Attorney 
General to bring suit on behalf of the United States in the appro-
priate United States district court to secure abatement of the 
pollution. 
In any suit brought under the provisions of this subsection the court 
shall receive in evidence a transcript of the proceedings of the hearing 
provided for in this subsection, together with the recommendations of 
the hearing board and the recommendations and standards promul-
gated by the Secretary, and such additional evidence, including that 
relating to the alleged violation of the standards, as it deems necessary 
to complete revieW of the standards and to determination of all other 
issues relating to the alleged violation. The court, giving due consid-
eration to the practicability and to the technological and economic 
feasibility of complying with such standards, shall have jurisdiction 
to enter such judgment and orders enforcing such judgment as the 
public interest and the equities of the case may require. 
494 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
Conference. 
Foreign coun-
tries, participa-
tion. 
" (5) In connection with any hearings under this section no \vitness or 
any other person shall be required to divulge trade secrets or secret 
processes. 
"(6) Nothing in this subsection shall prevent the application of this 
section to any case to which subsection (a) of this section would be 
otherwise applicable. 
"(d) (1) (A) "Wlienever requested by the Governor of any State, a 
State air pollution control agency, or (with the concurrence of the 
Governor and the State air pollution control agency for the State in 
which the municipality is situated) the governing body of any munici-
pality, the Secretary shall, if such request refers to air pollution which 
is alleged to endanger the health or welfare of persons in a State 
other than that in which the discharge or discharges (causing or con-
tributing to such pollution) originate, give formal notification thereof 
to the air pollution control agency of the municipality w^here such dis-
charge or discharges originate, to the air pollution control agency of 
the State in which such municipality is located, and to the interstate 
air pollution control agency, if any, in whose jurisdictional area such 
municipality is located, and shall call promptly a conference of such 
agency or agencies and of the air pollution control agencies of the 
municipalities which may be adversely affected by such pollution, and 
the air pollution control agency, if any, of each State, or for each 
area, in which any such numicipality is located. 
"(B) Whenever requested by the Governor of any State, a State air 
pollution control agency, or (with the concurrence of the Governor 
and the State air pollution control agency for the State in which the 
municipality is situated) the governing body of any municipality, the 
Secretary shall, if such request refers to alleged air pollution which 
is endangering the health or welfare of persons only in the State in 
which the discharge or discharges (causnig or contributing to such 
pollution) originate and if a municipality affected by such air pollu-
tion, or the municipality in which such pollution originates, has either 
made or concurred in such request, give formal notificaton thereof to 
the State air pollution control agency, to the air pollution control 
agencies of the municipality where such discharge or discharges origi-
nate, and of the municipality or municipalities alleged to be adversely 
affected thereby, and to any interstate air pollution control agency, 
whose jurisdictional area includes any such municipality and shall 
promptly call a conference of such agency or agencies, unless in the 
judgment of the Secretary, the effect of such pollution is not of such 
significance as to warrant exercise of Federal jurisdiction under this 
section. 
"(C) The Secretary may, after consultation with State officials 
of all affected States, also call such a conference whenever, on the basis 
of reports, surveys, or studies, he has reason to believe that any pollu-
tion referred to in subsection (a) is occurring and is endangering the 
health and welfare of persons in a State other than that in which the 
discharge or discharges originate. The Secretary shall invite the coop-
eration of any municipal. State, or interstate air pollution control 
agencies having jurisdiction in the affected area on any surveys or 
studies forming the basis of conference action. 
"(D) Whenever the Secretary, upon receipt of reports, surveys, or 
studies from any duly constituted international agency, has reason 
to believe that any pollution referred to in subsection (a) which 
endangers the health or welfare of persons in a foreign country is 
occurring, or whenever the Secretary of State requests him to do so 
with respect to such pollution which the Secretary of State alleges is 
of such a nature, the Secretary of Health, Education, and Welfare 
shall give formal notification thereof to the air pollution control 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
495 
agency of the municipality where such discharge or discharges origi-
nate, to the air pollution control agency of the State in which such 
municipality is located, and to the interstate air pollution control 
agency, if any, in the jurisdictional area of which such municipality 
is located, and shall call promptly a conference of such agency or 
agencies. The Secretary shall invite the foreign country which may 
be adversely affected by the pollution to attend and participate in the 
conference, and the representative of such country shall, for the pur-
pose of the conference and any further proceeding resulting from 
such conference, have all the rights of a State air pollution control 
agency. This subparagraph shall apply only to a foreign country 
which the Secretary determines has given the United States essen-
tially the same rights with respect to the prevention or control of air 
pollution occurring in that country as is given that country by this 
subparagraph. 
"(2) The agencies called to attend such conference may bring such 
persons as they desire to the conference. The Secretary shall deliver to 
such agencies and make available to other interested parties, at least 
thirty days prior to any such conference, a Federal report with respect 
to the matters before the conference, including data and conclusions or 
findings (if any) ; and shall give at least thirty days' prior notice of the 
conference date to any such agency, and to the public by publication on 
at least three different days in a newspaper or newspapers of general 
circulation in the area. The chairman of the conference shall give inter-
ested parties an opportunity to present their views to the conference 
with respect to such Federal report, conclusions or findings (if any), 
and other pertinent information. The Secretary shall provide that a 
Transcript o
f 
transcript be maintained of the proceedings of the conference and that ^'^°^^^ '"^^" 
a copy of such transcript be made available on request of any partici-
pant in the conference at the expense of such participant. 
"(3) Following this conference, the Secretary shall prepare and for-
ward to all air pollution control agencies attending the conference a 
summary of conference discussions including (A) occurrence of air 
pollution subject to abatement under this Act; (B) adequacy of meas-
ures taken toward abatement of the pollution; and (C) nature of 
delays, if any, being encountered in abating the pollution. 
" (e) If the Secretary believes, upon the conclusion of the conference 
or thereafter, that effective progress toward abatement of such pollu-
tion is not being made and that the health or welfare of any persons is 
being endangered, he shall recommend to the appropriate State, inter-
state, or municipal air pollution control agency (or to all such agen-
cies) that the necessary remedial action be taken. The Secretary shall 
allow at least six months from the date he makes such recommenda-
tions for the taking of such recommended action. 
"(f) (1) If, at the conclusion of the period so allowed, such remedial ^^b^g^"^^' ^°^'"^ 
action or other action which in the judgment of the Secretary is rea-
sonably calculated to secure abatement of such pollution has not been 
taken, the Secretary shall call a public hearing, to be held in or near 
one or more of the places where the discharge or discharges causing 
or contributing to such pollution originated, before a hearing board 
of five or more persons appointed by the Secretary. Each State in 
which any discharge causing or contributing to such pollution origi-
nates and each State claiming to be adversely affected by such pollu-
tion shall be given an opportunity to select one member of such hear-
ing board and each Federal department, agency, or instrumentality 
having a substantial interest in the subject matter as determined by 
the Secretary shall be given an opportunity to select one member of 
such hearing board, and one member shall be a representative of the 
appropriate interstate air pollution agency if one exists, and not less 
85-622 0-68—34 
4% 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
Jurisdiction. 
Compensation, 
travel expenses. 
than a majority of such hearing board shall be persons other than 
officers or employees of the Department of Health, Education, and 
Welfare. At least three weeks' prior notice of such hearing shall be 
given to the State, interstate, and municipal air pollution control 
agencies called to attend such hearing and to the alleged polluter or 
polluters. All interested parties shall be given a reasonaole oppor-
tunity to present evidence to such hearing board. 
" (2) On the basis of evidence presented at such hearing, the hearing 
board shall make findings as to whether pollution referred to in sub-
section (a) is occurring and whether effective progress toward abate-
ment thereof is being made. If the hearing board finds such pollution 
is occurring and effective progress toward abatement thereof is not 
being made it shall make recommendations to the Secretary concern-
ing the measures, if any, which it finds to be reasonable and suitable 
to secure abatement of such pollution. 
"(3) The Secretary shall send such findings and recommendations to 
the person or persons discharging any matter causing or contributing 
to such pollution; to air pollution control agencies of the State or 
States and of the municipality or municipalities where such discharge 
or discharges originate; and to any interstate air pollution control 
agency whose jurisdictional area includes any such municipality, 
together with a notice specifying a reasonable time (not less than six 
months) to secure abatement of such pollution. 
"(g) If action reasonably calculated to secure abatement of the 
pollution Avithin the time specified in the notice following the public 
liearing is not taken, the Secretary— 
"(1) in the case of pollution of air which is endangering the 
health or welfare of persons (A) in a State other than that in 
which the discharge or discharges (causing or contributing to such 
pollution) originate, or (B) in a foreign country which has par-
ticipated in a conference called under subparagraph (D) of sub-
section (d) of this section and in all proceedings under this 
section resulting from such conference, may request the Attorney 
General to bring a suit on behalf of the United States in the 
appropriate United States district court to secure abatement of 
the pollution. 
"(2) in the case of pollution of air which is endangering the 
health or welfare of persons only in the State in which the dis-
charge or discharges (causing or contributing to such pollution) 
originate, at the request of the Governor of such State, shall pro-
vide such technical and other assistance as in his judgment is 
necessary to assist the State in judicial proceedings to secure 
abatement of the pollution under State or local law or, at the 
request of the Governor of such State, shall request the Attorney 
General to bring suit on behalf of the United States in the appro-
priate United States district court to secure abatement of the 
pollution. 
"(h) The court shall receive in evidence in any suit brought in a 
LTnited States court under subsection (g) of this section a transcript 
of the proceedings before the board and a copy of the board's recom-
mendations and shall receive such further evidence as the court in its 
discretion deems proper. The court, giving due consideration to the 
practicability of complying with such standards as may be applicable 
and to the physical and economic feasibility of securing abatement 
of any pollution proved, shall have jurisdiction to enter such judg-
ment, and orders enforcing such judgment, as the public interest and 
the equities of the case may require. 
"(i) Members of any hearing board appointed pursuant to sub-
section (f) who are not regular full-time officers or employees of the 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
497 
United States shall, while participating in the hearing conducted by 
such board or otherwise engaged on the work of such board, be entitled 
to receive compensation at a rate fixed by the Secretary, but not exceed-
ing $100 per diem, including traveltime, and while away from their 
homes or regular places of business they may be alloAved travel 
expenses, including per diem in lieu of subsistence, as authorized by 
law (5 IT.S.C. 73b-2) for persons in the Government service employed 
^° ^*^*- '^^^• 
intermittently. 
^ 
s use 5703. 
"(j) (1) In connection with any conference called under this sec-
tion, the Secretary is authorized to require any person whose activities 
result in the emission of air pollutants causing or contributing to air 
pollution to file with him, in such form as he may prescribe, a report, 
based on existing data, furnishing to the Secretary such information 
as may reasonably be required as to the character, kind, and quantity 
of pollutants discharged and the use of devices or other means to 
prevent or reduce the emission of pollutants by the person filing such 
a report. After a conference has been held with respect to any such 
pollution the Secretary shall require such reports from the person 
whose activities result in such pollution only to the extent recom-
mended by such conference. Such report shall be made under oath 
or otherwise, as the Secretary may prescribe, and shall be filed with 
the Secretary within such reasonable period as the Secretary may 
prescribe, unless additional time be granted by the Secretary. No 
person shall be required in such report to divulge trade secrets or secret 
l)rocesses and all information reported shall be considered confidential 
for the purposes of section 1905 of title 18 of the United States Code. 
62 stat. 791. 
"(2) If any person required to file any report under this subsection 
sliall fail to do so within the time fixed by the Secretary for filing the 
same, and such failure shall continue for thirty days after notice of such 
default, such person shall forfeit to the United States the sum of $100 
for each and every day of the continuance of such failure, which for-
feiture shall be payable into the Treasury of the United States, and 
shall be recoverable in a civil suit in the name of the United States 
brought in the district where such person has his principal office or in 
any district in w^hich he does business: Provided, That the Secretary' 
may upon application therefor remit or mitigate any forfeiture pro-
vided for under this subsection and he shall have authority to deter-
mine the facts upon all such applications. 
''(8) It shall be the duty of the various Ignited States attorneys, 
inider the direction of the Attorney General of the L^nited States, to 
prosecute for the recovery of such forfeitures. 
" (k) Notwithstanding any other provision of this section, the Secre-
tary, upon receipt of evidence that a particular pollution source or 
combination of sources (including moving sources) is presenting an 
imminent and substantial endangerment to the health of persons, and 
finding that appropriate State or local authorities have not acted to 
abate such sources, may request the Attorney General to bring suit on 
behalf of the United States in the appropriate United States district 
court to immediately enjoin any contributor to the alleg^ed pollution 
to stop the emission of contaminants causing such pollution or to take 
such other action as may be necessary. 
"STANDARDS TO ACHIEVE HIGHER LEVEL OF AIR Ql'ALITT 
"SEC. 109. Nothing in this title shall prevent a State, political sub-
division, intermunicipal or interstate agency from adopting standards 
and plans to implement an air quality program which will achieve a 
higher level of ambient air quality than approved by the Secretary. 
498 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
Membership. 
Term of office. 
Compensation, 
travel expenses. 
80 Stat. 499. 
^ ' P R E S I D E X T ' S AlU y i A M T Y ADVISORY liOARD AND ADVISORY 
COMMITTEES 
"SEC. 110. (a) (1) There is hereby established in the Department of 
Health, Education, and Welfare an Air Quality Advisory Board, com-
posed of the Secretary or his designee, who shall be dhairman, and 
fifteen members appomted by the President, none of whom shall be 
Federal officers or employees. The appointed members, having due 
regard for the purposes of this Act, shall be selected from among 
representatives of various State, interstate, and local governmental 
agencies, of public or private interests contributing to, affected by, or 
concerned w ith air pollution, and of other public and private agencies, 
organizations, or groups demonstrating an active interest in the field 
of air pollution prevention and control, as well as other individuals 
who are expert in this field. 
" (2) Each member appointed by the President shall hold office for a 
term of three years, except that (A) any member appointed to fill a 
vacancy occurring prior to the expiration of the term for which his 
predecessor was appointed shall be appointed for the remainder of 
such term, and (B) the terms of office of the members first taking office 
jjursuant to this subsection shall expire as follows: five at the end of 
one year after the date of appointment, five at the end of two years 
after such date, and five at the end of three years after such date, 
as designated by the President at the time of appointment, and (C) 
the term of any member under the preceding provisions shall be 
extended until the date on which his successor's appointment is effec-
tive. None of the members shall be eligible for reappointment within 
one year after the end of his preceding temi, unless such term was 
for less than three yea.rs. 
"(b) The Board shall advise and consult with the Secretary on 
matters of policy relating to the activities and functions of the Secre-
tary under this Act and nuike such recommendations as it deems neces-
sary to the President. 
"(c) Such clerical and technical assistance as may be necessary to 
discharge the duties of the Board and such other advisory committees 
as hereinafter authorized shall be provided from the personnel of the 
Department of Health, Education, and Welfare. 
"(d) In order to obtain assistance in the development and imple-
mentation of the purposes of this Act including air quality criteria, 
recommended control techniques, standards, research and develop-
ment, and to encourage the continued efforts on the part of industry 
to improve air quality and to develop economically feasible methods 
for the control and abatement of air pollution, the Secretary shall from 
time to time establish advisory committees. Committee members shall 
include, but not be limited to, persons who are knowledgeable con-
cerning air quality from the standpoint of health, welfare, economics, 
or technology. 
"(e) The members of the Board and other advisory committees 
appointed pursuant to this Act who are not officers or employees of 
the United States while attending conferences or meetings of the 
Board or while otherwise serving at the request of the Secretary, 
shall be entitled to receive compensation at a rate to be fixed by the 
Secretary, but not exceeding $100 per diem, including traveltime, and 
while away from their homes or regular places of business they may 
be allowed travel expenses, including per diem in lieu of subsistence, 
as authorized by section 5703 of title 5 of the United States Code 
for persons in the Government service employed intermittently. 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
499 
"COOPERATIOX BY FEDERAL AGENCIES TO CONTROL AIR POLLUTION FROM 
FEDERAL FACILITIES 
"SEC. 111. (a) It is hereby declared to be the intent of Congress that 
any Federal department or agency having jurisdiction over any build-
ing, installation, or other property shall, to the extent practicable and 
consistent with the interests of the L'nited States and within any 
available appropriations, cooperate with the Department of Health, 
Education, and Welfare and with any air pollution control agency in 
preventing and controlling the pollution of the air in any area insofar 
as the discharge of any matter from or by such building, installation, 
or other property may cause or contribute to pollution of the air in 
such area. 
'' (b) In order to control air pollution which may endanger the health 
or welfare of any persons, the Secretary may establish classes of po-
tential pollution sources for which an}^ Federal department or agency 
liaving jurisdiction over any building, installation, or other property 
shall, before discharging any matter into the air of the United States, 
obtain a permit from the Secretary for such discharge, such permits to 
be issued for a specified period of time to be determined by the Secre-
tary and subject to revocation if the Secretary finds pollution is en-
dangering the health and welfare of any persons. In connection with 
the issuance of such permits, there shall be submitted to the Secretary 
such plans, specifications, and other information as he deems relevant 
thereto and under such conditions as he may prescribe. The Secretary cc!^^gfesV° 
shall report each January to the Congress the status of such permits 
and compliance therewith. 
"TITLE II—NATIONAL EMISSION STANDAKDS ACT 
" S H O R T TITLE 
"SEC. 201. This title may be cited as the 'National Emission Stand-
ards Act'. 
"ESTABLISHMENT OF STANDARDS 
"SEC. 202. (a) The Secretary shall by regulation, giving appropriate 
consideration to technological feasibility and economic costs, prescribe 
as soon as practicable standards, applicable to the emission of any kind 
of substance, from any class or classes of new motor vehicles or new 
motor vehicle engines, which in his judgment cause or contribute to, or 
are likely to cause or to contribute to, air pollution which endangers the 
health or welfare of any persons, and such standards shall apply to 
such vehicles or engines whether they are designed as complete systems 
or incorporate other devices to prevent or control such pollution. 
"(b) Any regulations initially prescribed under this section, and 
Effective date 
amendments thereto, with respect to any class oi new motor vehicles 
or new motor vehicle engines shall become effective on the effective 
date specified in the order promulgating such regulations which date 
shall be determined by the Secretary after consideration of the period 
reasonably necessary for industry compliance. 
"PROHIBITED ACTS 
"SEC. 203. (a) The following acts and the causing thereof are 
prohibited— 
" (1) in the case of a manufacturer of new motor vehicles or new 
motor vehicle engines for distribution in commerce, the manu-
facture for sale, the sale, or the offering for sale, or the intro-
duction or delivery for introduction into commerce, or the impor-
tation into the United States for sale or resale, of any new motor 
of regulations. 
500 
PUBLIC LAW 90-14S-NOV. 21, 1967 
[81 STAT. 
veliicle or new motor veliicle engine, manufactured after the 
etfective date of regulations under this title which are applicable 
to such vehicle or engine unless it is in conformity with regula-
tions prescribed under this title (except as provided in subsection 
''(2) for any person to fail or refuse to permit access to or 
copying of records or to fail to make reports or provide infor-
mation, required under section 207; or 
"(3) for any person to remove or render inoperative any device 
or element of design installed on or in a motor vehicle or motor 
vehicle engine in compliance with regulations under this title 
prior to its sale and delivery to the ultimate purchaser. 
Exemptions. 
^^ {h) (1) The Secretary may exempt any new motor vehicle or new 
motor vehicle engine, or class thereof, from subsection (a), upon such 
terms and conditions as he may find necessary to protect the public 
health or welfare, for the purpose of research, investigations, studies, 
demonstrations, or training, or for reasons of national security. 
"•(2) A new motor vehicle or new motor vehicle engine offered for 
impoi-tation by a manufacturer in violation of subsection (a) shall be 
refused admission into the United States, but the Secretary of the 
Treasury and the Secretary of Health, Education, and Welfare may, 
by joint regulation, provide for deferring final determination as to 
admission and authorizing the delivery of such a motor vehicle or 
engine offered for import to the owner or consignee thereof upon 
such terms and conditions (including the furnishing of a bond) as 
may appear to them appropriate to insure that any such motor vehicle 
or engine will be brought into conformity with the standards, require-
ments, and limitations applicable to it under this title. The Secretary 
of the Treasury shall, if a motor vehicle or engine is finally refused 
admission under this paragraph, cause disposition thereof in accord-
ance with tlie customs laws unless it is exported, under regulations 
prescribed by such Secretary, within ninety days of the date of 
notice of such refusal or such additional time as may be permitted 
pursuant to such regulations, except that disposition in accordance 
with the customs laws may not be made in such manner as may result, 
directly or indirectly, in the sale, to the ultimate consumer, of a new 
motor vehicle or new motor vehicle engine that fails to comply with 
a])plicable standards of the Secretary of Health, Education, and 
AVelfare under this title. 
•'(3) A new motor vehicle or new motor vehicle engine intended 
solely for export, and so labeled or tagged on the outside of the con-
tainer and on the vehicle or engine itself, shall not be subject to the 
provisions of subsection (a). 
" I N J U X C T T O X rROCKKDIXGS 
"SEC. 204. (a) The district courts of the United States shall have 
jurisdiction to restrain violations of paragraph (1), (2), or (3) of 
section 203(a). 
"(b) Actions to restrain such violations shall be brought by and in 
the name of the United States. In any such action, subpenas for wit-
nesses who are required to attend a district court in any district may 
run into any other district. 
"PENALTIES 
"SEC. 205. Any person who violates paragraph (1), (2), or (3) of 
section 203(a) shall be subject to a fine of not more than $1,000. Such 
violation with respect to sections 203(a) (1) and 203(a) (3) shall con-
stitute a separate offense witli respect to each new motor vehicle or new 
motor vehicle engine. 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
501 
"(JERTinCATION 
"SEC. 206. (a) Upon a]jplication of tlie manufacturer, the Secretary 
shall test, or require to be tested, in such manner as he deems appro-
priate, any new motor vehicle or new motor vehicle engine submitted 
by such manufacturer to determine whether such vehicle or engine 
conforms with the regulations prescribed under section 202 of this title. 
If such vehicle or engine conforms to such regulations the Secretary 
shall issue a certificate of conformity, upon such terms, and for such 
period not less than one year, as he may prescribe. 
"(b) Any new motor vehicle or any motor vehicle engine sold by 
such manufacturer which is in all material respects substantially the 
same construction as the test vehicle or engine for which a certificate 
has been issued under subsection (a), shall for the purposes of this Act 
be deemed to be in confonnity with the regulations issued under section 
202 of this title. 
"RECORDS AND REPORTS 
"SEC. 207. (a) Every manufacturer shall establish and maintain such 
records, make such reports, and provide such information as the Sec-
retary may reasonably require to enable him to determine whether such 
manufacturer has acted or is acting in compliance with this title and 
regulations thereunder and shall, upon request of an officer or employee 
duly designated by the Secretary, permit such officer or employee at 
reasonable times to have access to and copy such records. 
"(b) All information reported or otherwise obtained by the Sec-
retary or his representative pursuant to subsection (a), which infor-
mation contains or relates to a trade secret or other matter referred to 
in section 1905 of title 18 of the United States Code, shall be con- 
" s*^*- ^^i-
sidered confidential for the purpose of such section 1905, except that 
such information may be disclosed to other officers or employees con-
cerned with carrying out this Act or when relevant in any proceeding 
under this Act. Nothing in this section shall authorize the withhold-
ing of information by the Secretary or any officer or employee under 
his control, from the duly authorized committees of the Congress. 
"STATE STANDARDS 
"SEC. 208. (a) No State or any political subdivision thereof shall 
adopt or attempt to enforce any standard relating to the control of 
emissions from new motor vehicles or new motor vehicle engines 
subject to this title. No State shall require certification, inspection, or 
any other approval relating to the control of emissions from any new 
motor vehicle or new motor vehicle engine as condition precedent to 
the initial retail sale, titling (if any), or registration of such motor 
vehicle, motor vehicle engine, or equipment. 
"(b) The Secretary^ shall, after notice and opportunity for public 
hearing, waive application of this section to any State which has 
adopted standards (other than crankcase emission standards) for the 
control of emissions from new motor vehicles or new motor vehicle 
engines prior to March 30, 1966, unless he finds that such State does 
not require standards more stringent than applicable Federal stand-
ards to meet compelling and extraordinary conditions or that such 
State standards and accompanying enforcement procedures are not 
consistent with section 202(a) of this title. 
"(c) Nothing in this title shall preclude or deny to any State or 
political subdivision thereof the right otherwise to control, regulate, or 
restrict the use, operation, or movement of registered or licensed motor 
vehicles. 
502 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
"FEDERAL 
ASSISTANCE 
I X 
DE\ ELOPIXG YEfllCLE 
IXSPECTIOX 
TKOGRAMS 
"SEC. 209. The Secretary is authorized to make grants to appro-
priate State air pollution control agencies in an amount up to two-
thirds of tlie cost of developing meaningful uniform motor vehicle 
emission device inspection and emission testing programs except that 
(1) no grant shall be made for any part of any State vehicle inspection 
program which does not directly relate to the cost of the air pollution 
control aspects of such a program; and (2) no such grant shall be made 
unless the Secretary of Transportation has certified to the Secretary 
that such program is consistent with any highway safety program 
developed pursuant to section 402 of title 23 of the L'nited States Code. 
80 Stat. 731. 
"•REGISTRATION OF FUEL ADDITIVES 
"SEC. 210. (a) The Secretary may by regulation designate any fuel 
or fuels (including fuels used for purposes other than motor vehicles), 
and after such date or dates as may be prescribed by him, no manu-
facturer or processor of any such fuel may deliver any such fuel for 
introduction into interstate commerce or to another person who, it can 
reasonably be expected, will deliver such fuel for such introduction 
unless the manufacturer of such fuel has provided the Secretary with 
the information required under subsection (b) (1) of this section and 
unless any additive contained in such fuel has been registered with the 
Secretary in accordance with subsection (b) (2) of this section. 
"(b) For the purposes of this section the Secretary shall require 
(1) tlie manufacturer of such fuel to notify him as to the commercial 
identifying name and manufacturer of any additive contained in such 
fuel; the range of concentration of such additive or additives in the 
fuel; and the purpose in the use of such additive; and (2) the manu-
facturer of any such additive to notify him as to the chemical com-
position of such additive or additives as indicated by compliance with 
clause (1) above, the recommended range of concentration of such 
additive, if any, the recommended purpose in the use of such additive, 
and to the extent such information is available or becomes available, 
the chemical structure of such additive or additives. Upon compliance 
with clauses (1) and (2), including assurances that any change in 
the above information will be provided to the Secretary, the Secretary 
shall register such fuel additive. 
" (c) All information reported or otherwise obtained by the Secre-
tary or his representative pursuant to subsection (b), which informa-
tion contains or relates to a trade secret or other matter referred to 
in section 1905 of title 18 of the United States Code, shall be considered 
confidential for the purpose of such section 1905, except that such 
information may be disclosed to other officers or employees of the 
United States concerned with carrying out this Act or when relevant 
in any proceeding under this title. Nothing in this section shall author-
ize the withholding of information by the Secretary or any officer 
or employee under his control, from the duly authorized committees 
of the Congress, 
^r/tfe^"^' 
"(^) Any person who violates subsection (a) shall forfeit and pay 
to the United States a civil penalty of $1,000 for each and every day 
of the continuance of such violation, which shall accrue to the United 
States and be recovered in a civil suit in the name of the United 
States, brought in the district where such person has his principal 
office or in any district in which he does business. The Secretary may, 
upon app^lication therefor, remit or mitigate any forfeiture provided 
for in this subsection, and he shall have authority to determine the 
facts upon all such applications. 
62 Stat. 791. 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
503 
"(e) It shall be the duty of the various Lliited States attorneys, 
under the direction of the Attorney General of the United States, 
to prosecute for the recovery of such forfeitures. 
"XATIOXAL 
EMISSIONS 
STAXDARDS 
STUDY 
"SEC. 211. (a) The Secretary shall submit to the Congress, no later cfrT'Jes^!" 
than tM'o years after the effective date of this section, a comprehensive 
report on the need for and effect of national emission standards for sta-
tionary sources. Such report shall include: (A) information regarding 
identifiable health and welfare effects from single emission sources; 
(B) examples of specific plants, their location, and the contaminant 
or contaminants which, due to the amount or nature of emissions from 
such facilities, constitute a danger to public health or welfare; (C) an 
up-to-date list of those industries and the contaminant or contaminants 
which, in his opinion, should be subject to such national standards; 
(D) the relationship of such national emission standards to ambient 
air quality, including a comparison of situations wherein several plants 
emit the same contaminants in an air region with those in which only 
one such plant exists; (E) an analysis of the cost of applying such 
standards; and {¥) such other information as may be appropriate. 
"(b) The Secretary shall conduct a full and complete investig*ation 
and study of the feasibility and practicability of controlling emis-
sions from jet and piston aircraft engines and of establishing national 
emission standards wdth respect thereto, and report to Congress the 
results of such study and investigation within one year from the date 
of enactment of the Air Quality Act of 1967, together with his recom-
mendations. 
" D E F I N I T I O X S FOR T I T L E 
II 
"SEC. 212. As used in this title— 
"(1) The term 'manufacturer' as used in sections 208, 206, 207, and 
208 means any person engaged in the manufacturing or assembling of 
new motor vehicles or new^ motor vehicle engines, or importing such 
vehicles or engines for resale, or who acts for and is under the control 
of any such person in connection with the distribution of new motor 
vehicles or new motor vehicle engines, but shall not include any dealer 
with respect to new motor vehicles or new motor vehicle engines re-
ceived by him in commerce. 
"(2) The term 'motor vehicle' means any self-propelled vehicle 
designed for transporting persons or property on a street or highAvay, 
"(3) The term 'new motor vehicle' means a motor vehicle the equi-
table or legal title to which has never been transferred to an ultimate 
purchaser; and the term 'new motor vehicle engine' means an engine 
in a new motor vehicle or a motor vehicle engine the equitable or legal 
title to which has never been transferred to the ultimate purchaser. 
"(4) The term 'dealer' means any person Avho is engaged in the sale 
or the distribution of new motor vehicles or new motor vehicle engines 
to the ultimate purchaser. 
"(5) The term 'ultimate purchaser' means, with respect to any new 
motor vehicle or new motor vehicle engine, the first person who in good 
faith purchases such new motor vehicle or new engine for purposes 
other than resale. 
"(6) The term 'commerce' means (A) commerce betAveen any place 
in any State and any place outside thereof; and (B) commerce wholly 
within the District ot Columbia. 
504 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
"TITLE III—GENERAL 
"ADMINISTRATION 
"SEC. 301. (a) The Secretary is authorized to prescribe such regu-
Jations as are necessary to carry out his functions under this Act. Tlie 
Secretary may delegate to any officer or employee of the Department 
of Health, Education, and Welfare such of his powei-s and duties 
under this Act, except the making of regulations, as he may deem 
necessary or expedient. 
" (b) Upon the request of an air pollution control agency, personnel 
of the Public Health Service may be detailed to such agency for the 
purpose of carrying out the provisions of this Act. The provisions of 
42 u?c lis' 
section 214(d) of the Public Health Service Act shall be applicable 
with respect to any personnel so detailed to the same extent as if such 
60 Stat. 423. 
persouuel had been detailed under section 214(b) of that Act. 
"(c) Payments under grants made under this Act may be made in 
installments, and in advance or by way of reimbursement, as may be 
determined by the Secretary. 
"DEFINITIONS 
"SEC. 302. When used in this Act— 
"(a) The term 'Secretary' means the Secretary of Health, Educa-
tion, and Welfare. 
"(b) The term 'air pollution control agency' means any of the 
following: 
" (1) A single State agency designated by the Governor of that 
State as the official State air pollution control agency for purposes 
of this Act; 
"(2) An agency established by two or more States and having 
substantial powers or duties pertaining to the prevention and con-
trol of air pollution; 
" (3) A city, county, or other local government health authority, 
or, in the case of any city, county, or other local government m 
which there is an agency other than the health authority charged 
with responsibility for enforcing ordinances or laws relating to 
the prevention and control of air pollution, such other agency; or 
"(4) An agency of two or more municipalities located in the 
same State or in different States and having substantial powers or 
duties pertaining to the prevention and control of air pollution. 
" (c) The term 'interstate air pollution control agency' means— 
" (1) an air pollution control agency established by two or more 
States, or 
"(2) an air pollution control agency of two or more munici-
palities located in. different States. 
"(d) The term 'State' means a State, the District of Columbia, the 
Commonwealth of Puerto Kico, the Virgin Islands, Guam, and 
American Samoa. 
" (e) The term 'person' includes an individual, corporation, partner-
ship, association, State, municipality, and political subdivision of a 
State. 
"(f) The term 'municipality' means a city, town, borough, county, 
parish, district, or other public body created by or pursuant to State 
law. 
81 STAT.] 
PUBLIC LAW 90-148-NOV. 21, 1967 
505 
"(g) All language referring to adverse effects on welfare shall 
include but not be limited to injury to agricultural crops and livestock, 
damage to and the deterioration of property, and hazards to 
transportation. 
"OTHER AUTHORITY NOT AFFECTED 
"SEC. 303. (a) Except as provided in subsection (b) of this section, 
this Act shall not be construed as superseding or limiting the authori-
ties and responsibilities, under any other provision of law, of the 
Secretary or any other Federal officer, department, or agency, 
"(b) Xo appropriation shall be authorized or made under section 
301, 311, or 314 of the Public Health Service Act for any fiscal year 
after the fiscal year ending June 30, 1964, for any purpose for which 1190. 
appropriations may be made under authority of this Act. 
^^^ ^^^ 241, 
58 Stat. 691; 
80 Stat. 118 1, 
"RECORDS A N D A U D I T 
"SEC. 304. (a) Each recipient of assistance under this Act shall 
keep such records as the Secretary shall prescribe, including records 
which fully disclose the amount and disposition by such recipient of 
the proceeds of such assistance, the total cost of the project or under-
taking in connection with Avhich such assistance is given or used, and 
the amount of that portion of the cost of the project or undertaking 
supplied by other sources, and such other records as will facilitate an 
effective audit. 
"(b) The Secretary of Health, Education, and Welfare and the 
Comptroller General of the United States, or any of their duly author-
ized representatives, shall have access for the purpose of audit and 
examinations to any books, documents, papers, and records of the 
recipients that are pertinent to the grants received under this Act. 
" C O M P R E H E N S I V E E C O N O M I C COST SIX'DIES 
"SEC. 305. (a) In order to provide the basis for evaluating pro-
grams authorized by this Act and the development of new programs 
and to furnish tlie Congress with the information necessary for 
authorization of appropriations by fiscal years beginning after June 30, 
1969, the Secretary, in cooperation with State, interstate, and local 
air pollution control agencies, shall make a detailed estimate of the 
cost of carrying out the provisions of this Act; a comprehensive study 
of the cost of program implementation by affected units of govern-
ment ; and a comprehensive study of the economic impact of air quality 
.standards on the Xation's industries, communities, and other con-
tributing sources of pollution, including an analysis of the national 
requirements for and the cost of controlling emissions to attain such 
standards of air quality as may be established pursuant to this Act 
or applicable State law. The Secretary shall submit such detailed esti- 
Report to 
mate and the results of such comprehensive study of cost for the five- °"^''^^^' 
year period beginning July 1,1969, and the results of such other studies, 
to the Congress not later than January 10, 1969, and shall submit 
a reevaluation of such estimate and studies annually thereafter. 
"(b) The Secretary shall also make a complete investigation and 
Personnel study. 
study to determine (1) the need for additional trained State and 
local personnel to carry out programs assisted pursuant to this Act 
506 
PUBLIC LAW 90-148-NOV. 21, 1967 
[81 STAT. 
iiiid other programs for the same purpose as this Act; (2) means of 
lising existing Federal training programs to train such personnel; 
and (3) the need for additional trained personnel to develop, operate 
and maintain those pollution control facilities designed and installed 
to implement air quality standards. He shall report the results of such 
investigation and study to the President and the Congress not later 
than July 1, 1969. 
Report to Presi-
dent and Congress. 
"ADDITIONAL REPORTS TO CONGRESS 
"SEC. 306. Xot later than six months after the effective date of this 
section and not later than January 10 of each calendar year beginning 
after such date, the Secretary shall report to the Congress on measures 
taken toward implementing the purpose and intent of this Act includ-
ing, but not limited to, (1) the progress and problems associated with 
control of automotive exhaust emissions and the research efforts related 
thereto; (2) the development of air quality criteria and recommended 
emission control requirements; (3) the status of enforcement actions 
taken pursmint to this Act; (4) the status of State ambient air stand-
ards setting, including such plans for implementation and enforce-
ment as have been developed; (5) the extent of development and 
expansion of air pollution monitoring systems; (6) progress and 
problems related to development of new and improved control tech-
niques; (7) the development of quantitative and qualitative instru-
mentation to monitor emissions and air quality; (8) standards set or 
under consideration pursuant to title I I of this Act; (9) the status of 
State, interstate, and local pollution control programs established 
pursuant to and assisted by this Act; and (^10) the reports and 
recommendations made by the President's Air Quality Advisory 
Board. 
*'LAHOR STANDARDS 
•'SEC. 307, The Secretary shall take such action as may be necessary 
to insure that all laborers and mechanics employed by contractors or 
subcontractors on projects assisted under this Act shall be paid wages 
at rates not less than those ])revailing for the same type of work on 
similar construction in tlie locality as determined by the Secretary of 
Labor, in accordance with the Act of March 3,1931, as amended, known 
as the Davis-l^acon Act (46 Stat. U94; 40 U.S.C. 276a—276a-5). The 
Secretary of Labor shall have, with respect to the labor standards 
specified in this subsection, the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 
1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 
63 Stat. 108. 
1)48; 40 U.S.C. 276c). 
''SEl'AR ABILITY 
"SEC. 308. If any provision of this Act, or the a])])lication of any 
[)rovision of this Act to any person or circumstance, is held invalid, the 
application of such provision to other i)ersons or circumstances, and 
the remainder of this Act, shall not be affected thereby. 
"AIM'ROrRIA'lTONS 
"SEC. 309. TJiere are herebv authorized to be appropriated to carry 
out tliis Act, other than sectK)ns 103(d) and 104, $74,000,000 for the 
fiscal year ending June 30, 1968, $95,000,000 for the fiscal year ending 
81 STAT.] 
PUBLIC LAW 90-150-NOV. 24, 1967 
507 
June 30, 1969, and $134,300,000 for the fiscal vear ending June 30, 
1970. 
"SHORT TTTLE 
•'SEC. 310. This Act may be cited as the 'Clean Air Act'." 
Approved November 21, 1967. 
Public Law 90-149 
A N A C T 
November 22, 1967 
Declaring a portion of Bayou Lafourche, Louisiana, a nonnavigable waterway 
[H. R. 6692) 
of the United States. 
Be it eruicted hy the Senate and House of Representatives 
of the 
United 
States 
of America 
in Congress 
assembled, That Bayou ^^y°"^^-
Lafourche, iii the State of Louisiana, between Canal Boulevard, city °Nonnavigabie 
of Thibodaux, Parish of Lafourche, State of Louisiana, and the head waterway. 
of the bayou at its junction with the Mississippi River levee at the city 
of Donaldsonville, Parish of Ascension, State of Louisiana, is hereby 
declared to be a nonnavigable waterway of the United States within 
the meaning of the laws of the LTnited States. The existing project for 
Bayou Lafourche, Louisiana, authorized by the Acts of August 30, 
1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480) is hereby 
deauthorized in the reach of Bayou Lafourche herein declared 
nonnavigable. 
SEC. 2. The right to alter, amend, or repeal this Act is hereby 
expressly reserved. 
Approved November 22, 1967. 
Public Law 90-150 
A N A C T 
November 24, 1967 
To amend the Highway Safety Act of ItmtS. 
I^^' ^^^^' 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 404 of ^"'of'Tgee^"^^*^ 
the Highway Safety Act (23 U.S.C, 401 et seq.) is amended by— 
amendment.' 
(1) striking subsection (a)(1) thereof and inserting in lieu 
so stat. 733. 
thereof the following: 
"(a) (1) There is established in the Department of Transportation ^jftt'e^"'^ "^""^ 
a National Highway Safety Advisory Committee, composed of the 
Secretary or an officer of the Department appointed by him, who shall 
be Chairman, the Federal Highway Administrator, and thirty-five 
members a})pointed by the President, no more than four of whom shall 
be Federal officers or employees. The appointed members, having due 
regard for the purposes of this chapter, shall be selected from among 
representatives of various State and local governments, including 
State legislatures, of public and private interests contributing to, 
affected by, or concerned with highway safety, including the national 
organizations of passenger car, l)us, and truck owners, and of other 
public and private agencies, organizations, or groups demonstrating 
an active interest in highway safety, as well as research scientists and 
other individuals who are expert in this field.*" 
(2) striking subsection 
(a) (2) (A) 
and inserting in lieu 
thereof the following: 
"(2) (A) Each member appointed by the President shall hold office 
for a term of three years, except that (i) any member appointed to fill