The United States Government
United States Code — Air Pollution Prevention and Control
Published by Good Press, 2022
goodpress@okpublishing.info
EAN 4064066425098
Table of Contents
(a) Findings
(b) Declaration
(c) Pollution prevention
(a) Interstate cooperation; uniform State laws; State compacts
(b) Federal cooperation
(c) Consent of Congress to compacts
(a) Research and development program for prevention and control of air pollution
(b) Authorized activities of Administrator in establishing research and development program
(c) Air pollutant monitoring, analysis, modeling, and inventory research
(d) Environmental health effects research
(e) Ecosystem research
(f) Liquefied Gaseous Fuels Spill Test Facility
(g) Pollution prevention and emissions control
(h) NIEHS studies
(i) Coordination of research
(j) Continuation of national acid precipitation assessment program
(k) Air pollution conferences
(a) Research programs; grants; contracts; pilot and demonstration plants; byproducts research
(b) Powers of Administrator in establishing research and development programs
(c) Clean alternative fuels
(a) Amounts; limitations; assurances of plan development capability
(b) Terms and conditions; regulations; factors for consideration; State expenditure limitations
(c) Maintenance of effort
(d) Reduction of payments; availability of reduced amounts; reduced amount as deemed paid to agency for purpose of determining amount of grant
(e) Notice and opportunity for hearing when affected by adverse action
(a) Responsibility of each State for air quality; submission of implementation plan
(b) Designated regions
(c) Authority of Administrator to designate regions; notification of Governors of affected States
(d) Designations
(e) Redesignation of air quality control regions
(a) Air pollutant list; publication and revision by Administrator; issuance of air quality criteria for air pollutants
(b) Issuance by Administrator of information on air pollution control techniques; standing consulting committees for air pollutants; establishment; membership
(c) Review, modification, and reissuance of criteria or information
(d) Publication in Federal Register; availability of copies for general public
(e) Transportation planning and guidelines
(f) Information regarding processes, procedures, and methods to reduce or control pollutants in transportation; reduction of mobile source related pollutants; reduction of impact on public health
(g) Assessment of risks to ecosystems
(h) RACT/ BACT/ LAER clearinghouse
(a) Promulgation
(b) Protection of public health and welfare
(c) National primary ambient air quality standard for nitrogen dioxide
(d) Review and revision of criteria and standards; independent scientific review committee; appointment; advisory functions
(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems
(b) Extension of period for submission of plans
(c) Preparation and publication by Administrator of proposed regulations setting forth implementation plan; transportation regulations study and report; parking surcharge; suspension authority; plan implementation
(f) National or regional energy emergencies; determination by President
(g) Governor’s authority to issue temporary emergency suspensions
(h) Publication of comprehensive document for each State setting forth requirements of applicable implementation plan
(i) Modification of requirements prohibited
(j) Technological systems of continuous emission reduction on new or modified stationary sources; compliance with performance standards
(k) Environmental Protection Agency action on plan submissions
(l) Plan revisions
(m) Sanctions
(n) Savings clauses
(o) Indian tribes
(p) Reports
(a) Definitions
(b) List of categories of stationary sources; standards of performance; information on pollution control techniques; sources owned or operated by United States; particular systems; revised standards
(c) State implementation and enforcement of standards of performance
(d) Standards of performance for existing sources; remaining useful life of source
(e) Prohibited acts
(f) New source standards of performance
(g) Revision of regulations
(h) Design, equipment, work practice, or operational standard; alternative emission limitation
(i) Country elevators
(j) Innovative technological systems of continuous emission reduction
(a) Definitions
(1) Major source
(2) Area source
(3) Stationary source
(4) New source
(5) Modification
(6) Hazardous air pollutant
(7) Adverse environmental effect
(8) Electric utility steam generating unit
(9) Owner or operator
(10) Existing source
(11) Carcinogenic effect
(b) List of pollutants
(1) Initial list
(a) In general
(b) Civil judicial enforcement
(c) Criminal penalties
(d) Administrative assessment of civil penalties
(e) Penalty assessment criteria
(f) Awards
(g) Settlements; public participation
(h) Operator
(a) Authority of Administrator or authorized representative
(b) State enforcement
(c) Availability of records, reports, and information to public; disclosure of trade secrets
(d) Notice of proposed entry, inspection, or monitoring
(a) Endangerment of public health or welfare in foreign countries from pollution emitted in United States
(b) Prevention or elimination of endangerment
(c) Reciprocity
(d) Recommendations
(a) Establishment; membership
(b) Compensation
(c) 1 Consultations by Administrator
(a) General compliance
(b) Exemption
(c) Government vehicles
(d) Vehicles operated on Federal installations
(a) Issuance; hearing; enforcement orders; statement of grounds for application; findings
(b) Prerequisites to issuance of orders
(c) Second orders
(d) Interim measures; continuous emission reduction technology
(e) Termination of orders
(f) Violation of requirements
(a) Assessment and collection
(b) Regulations
(c) Contract to assist in determining amount of penalty assessment or payment schedule
(d) Payment
(e) Judicial review
(f) Other orders, payments, sanctions, or requirements
(g) More stringent emission limitations or other requirements
(a) Radioactive pollutants, cadmium, arsenic, and polycyclic organic matter
(b) Revision authority
(c) Consultation with Nuclear Regulatory Commission ; interagency agreement; notice and hearing
(a) Heights in excess of good engineering practice; other dispersion techniques
(b) Dispersion technique
(c) Regulations; good engineering practice
(a) State review of implementation plans which relate to major fuel burning sources
(b) Plan revision
(a) Determination that action is necessary
(b) Use of locally or regionally available coal or coal derivatives to comply with implementation plan requirements
(c) Contracts; schedules
(d) Existing or new major fuel burning stationary sources
(e) Actions not to be deemed modifications of major fuel burning stationary sources
(f) Treatment of prohibitions, rules, or orders as requirements or parts of plans under other provisions
(g) Delegation of Presidential authority
(h) “Locally or regionally available coal or coal derivatives” defined
(a) Written notice to all nearby States
(b) Petition for finding that major sources emit or would emit prohibited air pollutants
(c) Violations; allowable continued operation
(a) Warning signs; television, radio, or press notices or information
(b) Grants
(a) New source performance standards
(1) In general
(2) Emissions standard
(3) Control methods and technologies
(4) Numerical emissions limitations
(5) Review and revision
(b) Existing units
(1) Guidelines
(2) State plans
(3) Federal plan
(c) Monitoring
(d) Operator training
(e) Permits
(f) Effective date and enforcement
(1) New units
(2) Existing units
(3) Prohibition
(4) Coordination with other authorities
(g) Definitions
(1) Solid waste incineration unit
(2) New solid waste incineration unit
(3) Modified solid waste incineration unit
(4) Existing solid waste incineration unit
(5) Municipal waste
(6) Other terms
(h) Other authority
(1) State authority
(2) Other authority under this chapter
(3) Residual risk
(4) Acid rain
(5) Requirements of parts C and D
(a) Areas designated as class I
(b) Areas designated as class II
(a) Sulfur oxide and particulate matter; requirement that maximum allowable increases and maximum allowable concentrations not be exceeded
(b) Maximum allowable increases in concentrations over baseline concentrations
(c) Orders or rules for determining compliance with maximum allowable increases in ambient concentrations of air pollutants
(a) Authority of States to redesignate areas
(b) Notice and hearing; notice to Federal land manager; written comments and recommendations; regulations; disapproval of redesignation
(c) Indian reservations
(d) Review of national monuments, primitive areas, and national preserves
(e) Resolution of disputes between State and Indian tribes
(a) Major emitting facilities on which construction is commenced
(b) Exception
(c) Permit applications
(d) Action taken on permit applications; notice; adverse impact on air quality related values; variance; emission limitations
(e) Analysis; continuous air quality monitoring data; regulations; model adjustments
(a) Hydrocarbons, carbon monoxide, petrochemical oxidants, and nitrogen oxides
(b) Effective date of regulations
(c) Contents of regulations
(d) Specific measures to fulfill goals and purposes
(e) Area classification plan not required
(f) PM–10 increments
(a) Existing regulations to remain in effect
(b) Regulations deemed amended; construction commenced after June 1, 1975
(a) Impairment of visibility; list of areas; study and report
(b) Regulations
(c) Exemptions
(d) Consultations with appropriate Federal land managers
(e) Buffer zones
(f) Nondiscretionary duty
(g) Definitions
(a) Studies
(b) Impacts of other provisions
(c) Establishment of visibility transport regions and commissions
(1) Authority to establish visibility transport regions
(2) Visibility transport commissions
(3) Ex officio members
(4) Federal Advisory Committee Act
(d) Duties of visibility transport commissions
(e) Duties of Administrator
(f) Grand Canyon visibility transport commission
(a) Classifications and attainment dates
(1) Classifications
(2) Attainment dates for nonattainment areas
(b) Schedule for plan submissions
(c) Nonattainment plan provisions
(1) In general
(2) RFP
(3) Inventory
(4) Identification and quantification
(5) Permits for new and modified major stationary sources
(6) Other measures
(7) Compliance with section 7410 (a) (2)
(8) Equivalent techniques
(9) Contingency measures
(d) Plan revisions required in response to finding of plan inadequacy
(e) Future modification of standard
(a) In general
(b) Prohibition on use of old growth allowances
(c) Offsets
(d) Control technology information
(e) Rocket engines or motors
(a) In general
(b) Coordination
(c) Joint planning
(a) Plan revision development costs
(b) Uses of grant funds
(a) Plan revision
(b) Subsequent plan revisions
(c) Nonattainment requirements applicable pending plan approval
(d) Contingency provisions
(a) , (b) Repealed. Pub. L. 101–549, title I, §110(4) , Nov. 15, 1990, 104 Stat. 2470
(c) Activities not conforming to approved or promulgated plans
(d) Priority of achieving and maintaining national primary ambient air quality standards
(a) Authority to establish interstate transport regions
(b) Transport commissions
(1) Establishment
(2) Recommendations
(c) Commission requests
(a) State failure
(b) Sanctions
(c) Notice of failure to attain
(d) Consequences for failure to attain
(a) Implementation plans and revisions
(b) Attainment of ozone levels
(c) Attainment of carbon monoxide levels
(d) Attainment of PM–10 levels
(a) Classification and attainment dates for 1989 nonattainment areas
(b) New designations and reclassifications
(1) New designations to nonattainment
(2) Reclassification upon failure to attain
(3) Voluntary reclassification
(4) Failure of Severe Areas to attain standard
(c) References to terms
(a) Marginal Areas
(1) Inventory
(3) Periodic inventory
(4) General offset requirement
(b) Moderate Areas
(1) Plan provisions for reasonable further progress
(2) Reasonably available control technology
(3) Gasoline vapor recovery
(4) Motor vehicle inspection and maintenance
(5) General offset requirement
(c) Serious Areas
(1) Enhanced monitoring
(2) Attainment and reasonable further progress demonstrations
(3) Enhanced vehicle inspection and maintenance program
(4) Clean-fuel vehicle programs
(5) Transportation control
(6) De minimis rule
(7) Special rule for modifications of sources emitting less than 100 tons
(8) Special rule for modifications of sources emitting 100 tons or more
(9) Contingency provisions
(10) General offset requirement
(d) Severe Areas
(1) Vehicle miles traveled
(2) Offset requirement
(3) Enforcement under section 7511d
(e) Extreme Areas
(1) Offset requirement
(2) Modifications
(3) Use of clean fuels or advanced control technology
(4) Traffic control measures during heavy traffic hours
(5) New technologies
(f) NOx requirements
(g) Milestones
(1) Reductions in emissions
(2) Compliance demonstration
(3) Serious and Severe Areas; State election
(4) Economic incentive program
(5) Extreme Areas
(h) Rural transport areas
(i) Reclassified areas
(j) Multi-State ozone nonattainment areas
(1) Coordination among States
(2) Failure to demonstrate attainment
(a) Control techniques guidelines for VOC sources
(b) Existing and new CTGS
(c) Alternative control techniques
(d) Guidance for evaluating cost-effectiveness
(e) Control of emissions from certain sources
(1) Definitions
(2) Study and report
(3) Regulations to require emission reductions
(4) Systems of regulation
(5) Special fund
(6) Enforcement
(7) State administration
(8) Size, etc.
(9) State consultation
(f) Tank vessel standards
(1) Schedule for standards
(2) Regulations on equipment safety
(3) Agency authority
(4) State or local standards
(5) Enforcement
(g) Ozone design value study
(h) Vehicles entering ozone nonattainment areas
(1) Authority regarding ozone inspection and maintenance testing
(2) Sanctions for violations
(3) State election
(4) Alternative approach
(5) Definition of covered ozone nonattainment area
(a) Ozone transport regions
(b) Plan provisions for States in ozone transport regions
(c) Additional control measures
(1) Recommendations
(2) Notice and review
(3) Consultation
(4) Approval and disapproval
(5) Finding
(d) Best available air quality monitoring and modeling
(a) General rule
(b) Computation of fee
(1) Fee amount
(2) Baseline amount
(3) Annual adjustment
(c) Exception
(d) Fee collection by Administrator
(e) Exemptions for certain small areas
(a) Authority of Administrator to prescribe by regulation
(b) Emissions of carbon monoxide, hydrocarbons, and oxides of nitrogen; annual report to Congress; waiver of emission standards; research objectives
(c) Feasibility study and investigation by National Academy of Sciences; reports to Administrator and Congress; availability of information
(d) Useful life of vehicles
(e) New power sources or propulsion systems
(f) 4 High altitude regulations
(g) Light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles; standards for model years after 1993
(1) NMHC, CO, and NOx
(2) PM Standard
(h) Light-duty trucks of more than 6,000 lbs. GVWR; standards for model years after 1995
(i) Phase II study for certain light-duty vehicles and light-duty trucks
(j) Cold CO standard
(1) Phase I
(2) Phase II
(3) Useful-life for phase I and phase II standards
(4) Heavy-duty vehicles and engines
(k) Control of evaporative emissions
(l) Mobile source-related air toxics
(1) Study
(2) Standards
(m) Emissions control diagnostics
(1) Regulations
(2) Effective date
(3) State inspection
(4) Specific requirements
(5) Information availability
(f) 5 Model years after 1990
(a) Enumerated prohibitions
(b) Exemptions; refusal to admit vehicle or engine into United States; vehicles or engines intended for export
(a) Prohibition
(b) Waiver
(c) Certification of vehicle parts or engine parts
(d) Control, regulation, or restrictions on registered or licensed motor vehicles
(e) Nonroad engines or vehicles
(1) Prohibition on certain State standards
(2) Other nonroad engines or vehicles
(a) Regulations; delegation of powers and duties; regional officers and employees
(b) Detail of Environmental Protection Agency personnel to air pollution control agencies
(c) Payments under grants; installments; advances or reimbursements
(d) Tribal authority
(a) Authority to bring civil action; jurisdiction
(b) Notice
(c) Venue; intervention by Administrator; service of complaint; consent judgment
(d) Award of costs; security
(e) Nonrestriction of other rights
(f) “Emission standard or limitation under this chapter” defined
(g) Penalty fund
(a) Attorney General; attorneys appointed by Administrator
(b) Memorandum of understanding regarding legal representation
(a) Contracts with violators prohibited
(b) Notification procedures
(c) Federal agency contracts
(d) Exemptions; notification to Congress
(a) Administrative subpenas; confidentiality; witnesses
(b) Judicial review
(c) Additional evidence
(d) Rulemaking
(e) Other methods of judicial review not authorized
(f) Costs
(g) Stay, injunction, or similar relief in proceedings relating to noncompliance penalties
(h) Public participation
(a) Findings
(b) Purposes
(a) Allocations of annual allowances for existing and new units
(b) Allowance transfer system
(c) Interpollutant trading
(d) Allowance tracking system
(e) New utility units
(f) Nature of allowances
(g) Prohibition
(h) Competitive bidding for power supply
(i) Applicability of antitrust laws
(j) Public Utility Holding Company Act
Title 42 — The Public Health and Welfare
Chapter 85 — Air Pollution Prevention and Control
Sec.
|
SUBCHAPTER I—POLICIES AND GOALS
|
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|
Part A—Air Quality and Emission Limitations
|
---|
|
§ 7401
|
(§ 101)
|
Congressional findings and declaration of purpose.
|
§ 7402
|
(§ 102)
|
Cooperative activities.
|
§ 7403
|
(§ 103)
|
Research, investigation, training, and other activities.
|
§ 7404
|
(§ 104)
|
Research relating to fuels and vehicles.
|
§ 7405
|
(§ 105)
|
Grants for support of air pollution planning and control programs.
|
§ 7406
|
(§ 106)
|
Interstate air quality agencies; program cost limitations.
|
§ 7407
|
(§ 107)
|
Air quality control regions.
|
§ 7408
|
(§ 108)
|
Air quality criteria and control techniques.
|
§ 7409
|
(§ 109)
|
National primary and secondary ambient air quality standards.
|
§ 7410
|
(§ 110)
|
State implementation plans for national primary and secondary ambient air quality standards.
|
§ 7411
|
(§ 111)
|
Standards of performance for new stationary sources.
|
§ 7412
|
(§ 112)
|
Hazardous air pollutants.
|
§ 7413
|
(§ 113)
|
Federal enforcement.
|
§ 7414
|
(§ 114)
|
Recordkeeping, inspections, monitoring, and entry.
|
§ 7415
|
(§ 115)
|
International air pollution.
|
§ 7416
|
(§ 116)
|
Retention of State authority.
|
§ 7417
|
(§ 117)
|
Advisory committees.
|
§ 7418
|
(§ 118)
|
Control of pollution from Federal facilities.
|
§ 7419
|
(§ 119)
|
Primary nonferrous smelter orders.
|
§ 7420
|
(§ 120)
|
Noncompliance penalty.
|
§ 7421
|
(§ 121)
|
Consultation.
|
§ 7422
|
(§ 122)
|
Listing of certain unregulated pollutants.
|
§ 7423
|
(§ 123)
|
Stack heights.
|
§ 7424
|
(§ 124)
|
Assurance of adequacy of State plans.
|
§ 7425
|
(§ 125)
|
Measures to prevent economic disruption or unemployment.
|
§ 7426
|
(§ 126)
|
Interstate pollution abatement.
|
§ 7427
|
(§ 127)
|
Public notification.
|
§ 7428
|
(§ 128)
|
State boards.
|
§ 7429
|
(§ 129)
|
Solid waste combustion.
|
§ 7430
|
(§ 130)
|
Emission factors.
|
§ 7431
|
(§ 131)
|
Land use authority.
|
|
Part B—Ozone Protection
|
---|
§ 7450
|
|
Repealed.
|
§ 7451
|
|
Repealed.
|
§ 7452
|
|
Repealed.
|
§ 7453
|
|
Repealed.
|
§ 7454
|
|
Repealed.
|
§ 7455
|
|
Repealed.
|
§ 7456
|
|
Repealed.
|
§ 7457
|
|
Repealed.
|
§ 7458
|
|
Repealed.
|
§ 7459
|
|
Repealed.
|
|
Part C—Prevention of Significant Deterioration of Air Quality
|
---|
|
Subpart i—Clean Air
|
---|
§ 7470
|
(§ 160)
|
Congressional declaration of purpose.
|
§ 7471
|
(§ 161)
|
Plan requirements.
|
§ 7472
|
(§ 162)
|
Initial classifications.
|
§ 7473
|
(§ 163)
|
Increments and ceilings.
|
§ 7474
|
(§ 164)
|
Area redesignation.
|
§ 7475
|
(§ 165)
|
Preconstruction requirements.
|
§ 7476
|
(§ 166)
|
Other pollutants.
|
§ 7477
|
(§ 167)
|
Enforcement.
|
§ 7478
|
(§ 168)
|
Period before plan approval.
|
§ 7479
|
(§ 169)
|
Definitions.
|
|
Subpart ii—Visibility Protection
|
---|
§ 7491
|
(§ 169A)
|
Visibility protection for Federal class I areas.
|
§ 7492
|
(§ 169B)
|
Visibility.
|
|
Part D—Plan Requirements for Nonattainment Areas
|
---|
|
Subpart 1—Nonattainment areas in general
|
---|
§ 7501
|
(§ 171)
|
Definitions.
|
§ 7502
|
(§ 172)
|
Nonattainment plan provisions in general.
|
§ 7503
|
(§ 173)
|
Permit requirements.
|
§ 7504
|
(§ 174)
|
Planning procedures.
|
§ 7505
|
(§ 175)
|
Environmental Protection Agency grants.
|
§ 7505a
|
(§ 175A)
|
Maintenance plans.
|
§ 7506
|
(§ 176)
|
Limitations on certain Federal assistance.
|
§ 7506a
|
(§ 176A)
|
Interstate transport commissions.
|
§ 7507
|
(§ 177)
|
New motor vehicle emission standards in nonattainment areas.
|
§ 7508
|
(§ 178)
|
Guidance documents.
|
§ 7509
|
(§ 179)
|
Sanctions and consequences of failure to attain.
|
§ 7509a
|
(§ 179B)
|
International border areas.
|
|
Subpart 2—Additional provisions for ozone nonattainment areas
|
---|
§ 7511
|
(§ 181)
|
Congressional declaration of national environmental policy.
|
§ 7511a
|
(§ 182)
|
Plan submissions and requirements.
|
§ 7511b
|
(§ 183)
|
Federal ozone measures.
|
§ 7511c
|
(§ 184)
|
Control of interstate ozone air pollution.
|
§ 7511d
|
(§ 185)
|
Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain.
|
§ 7511e
|
(§ 185A)
|
Transitional areas.
|
§ 7511f
|
(§ 185B)
|
NOx and VOC study.
|
|
Subpart 3—Additional provisions for carbon monoxide nonattainment areas
|
---|
§ 7512
|
(§ 186)
|
Classification and attainment dates.
|
§ 7512a
|
(§ 187)
|
Plan submissions and requirements.
|
|
Subpart 4—Additional provisions for particulate matter nonattainment areas
|
---|
§ 7513
|
(§ 188)
|
Classifications and attainment dates.
|
§ 7513a
|
(§ 189)
|
Plan provisions and schedules for plan submissions.
|
§ 7513b
|
(§ 190)
|
Issuance of RACM and BACM guidance.
|
|
Subpart 5—Additional provisions for areas designated nonattainment for sulfur oxides, nitrogen dioxide, or lead
|
---|
§ 7514
|
(§ 191)
|
Plan submission deadlines.
|
§ 7514a
|
(§ 192)
|
Attainment dates.
|
|
Subpart 6—Savings provisions
|
---|
§ 7515
|
(§ 193)
|
General savings clause.
|
|
SUBCHAPTER II—EMISSION STANDARDS FOR MOVING SOURCES
|
---|
|
Part A—Motor Vehicle Emission and Fuel Standards
|
---|
§ 7521
|
(§ 202)
|
Emission standards for new motor vehicles or new motor vehicle engines.
|
§ 7522
|
(§ 203)
|
Prohibited acts.
|
§ 7523
|
(§ 204)
|
Actions to restrain violations.
|
§ 7524
|
(§ 205)
|
Civil penalties.
|
§ 7525
|
(§ 206)
|
Motor vehicle and motor vehicle engine compliance testing and certification.
|
§ 7541
|
(§ 207)
|
Compliance by vehicles and engines in actual use.
|
§ 7542
|
(§ 208)
|
Information collection.
|
§ 7543
|
(§ 209)
|
State standards.
|
§ 7544
|
(§ 210)
|
State grants.
|
§ 7545
|
(§ 211)
|
Regulation of fuels.
|
§ 7546
|
(§ 212)
|
Renewable fuel.
|
§ 7547
|
(§ 213)
|
Nonroad engines and vehicles.
|
§ 7548
|
(§ 214)
|
Study of particulate emissions from motor vehicles.
|
§ 7549
|
(§ 215)
|
High altitude performance adjustments.
|
§ 7550
|
(§ 216)
|
Definitions.
|
§ 7551
|
|
Omitted.
|
§ 7552
|
(§ 217)
|
Motor vehicle compliance program fees.
|
§ 7553
|
(§ 218)
|
Prohibition on production of engines requiring leaded gasoline.
|
§ 7554
|
(§ 219)
|
Urban bus standards.
|
|
Part B—Aircraft Emission Standards
|
---|
§ 7571
|
(§ 231)
|
Establishment of standards.
|
§ 7572
|
(§ 232)
|
Enforcement of standards.
|
§ 7573
|
(§ 233)
|
State standards and controls.
|
§ 7574
|
(§ 234)
|
Definitions.
|
|
Part C—Clean Fuel Vehicles
|
---|
§ 7581
|
(§ 241)
|
Definitions.
|
§ 7582
|
(§ 242)
|
Requirements applicable to clean-fuel vehicles.
|
§ 7583
|
(§ 243)
|
Standards for light-duty clean-fuel vehicles.
|
§ 7584
|
(§ 244)
|
Administration and enforcement as per California standards.
|
§ 7585
|
(§ 245)
|
Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs.).
|
§ 7586
|
(§ 246)
|
Centrally fueled fleets.
|
§ 7587
|
(§ 247)
|
Vehicle conversions.
|
§ 7588
|
(§ 248)
|
Federal agency fleets.
|
§ 7589
|
(§ 249)
|
California pilot test program.
|
§ 7590
|
(§ 250)
|
General provisions.
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|
SUBCHAPTER III—GENERAL PROVISIONS
|
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§ 7601
|
(§ 301)
|
Administration.
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§ 7602
|
(§ 302)
|
Definitions.
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§ 7603
|
(§ 303)
|
Emergency powers.
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§ 7604
|
(§ 304)
|
Citizen suits.
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§ 7605
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(§ 305)
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Representation in litigation.
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§ 7606
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(§ 306)
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Federal procurement.
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§ 7607
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(§ 307)
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Administrative proceedings and judicial review.
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§ 7608
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(§ 308)
|
Mandatory licensing.
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§ 7609
|
(§ 309)
|
Policy review.
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§ 7610
|
(§ 310)
|
Other authority.
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§ 7611
|
(§ 311)
|
Records and audit.
|
§ 7612
|
(§ 312)
|
Economic impact analyses.
|
§ 7613
|
(§ 313)
|
Repealed.
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§ 7614
|
(§ 314)
|
Labor standards.
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§ 7615
|
(§ 315)
|
Separability.
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§ 7616
|
(§ 316)
|
Sewage treatment grants.
|
§ 7617
|
(§ 317)
|
Economic impact assessment.
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§ 7618
|
(§ 318)
|
Repealed.
|
§ 7619
|
(§ 319)
|
Air quality monitoring.
|
§ 7620
|
(§ 320)
|
Standardized air quality modeling.
|
§ 7621
|
(§ 321)
|
Employment effects.
|
§ 7622
|
(§ 322)
|
Employee protection.
|
§ 7623
|
|
Repealed.
|
§ 7624
|
(§ 323)
|
Cost of vapor recovery equipment.
|
§ 7625
|
(§ 324)
|
Vapor recovery for small business marketers of petroleum products.
|
§ 7625-1
|
(§ 325)
|
Exemptions for certain territories.
|
§ 7625a
|
(§ 326)
|
Statutory construction.
|
§ 7626
|
(§ 327)
|
Authorization of appropriations.
|
§ 7627
|
(§ 328)
|
Air pollution from Outer Continental Shelf activities.
|
§ 7628
|
(§ 329)
|
Demonstration grant program for local governments.
|
|
SUBCHAPTER IV—NOISE POLLUTION
|
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§ 7641
|
(§ 402)
|
Noise abatement.
|
§ 7642
|
(§ 403)
|
Authorization of appropriations.
|
|
SUBCHAPTER IV-A—ACID DEPOSITION CONTROL
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§ 7651
|
(§ 401)
|
Findings and purposes.
|
§ 7651a
|
(§ 402)
|
Definitions.
|
§ 7651b
|
(§ 403)
|
Sulfur dioxide allowance program for existing and new units.
|
§ 7651c
|
(§ 404)
|
Phase I sulfur dioxide requirements.
|
§ 7651d
|
(§ 405)
|
Phase II sulfur dioxide requirements.
|
§ 7651e
|
(§ 406)
|
Allowances for States with emissions rates at or below 0.80 lbs/mmBtu.
|
§ 7651f
|
(§ 407)
|
Nitrogen oxides emission reduction program.
|
§ 7651g
|
(§ 408)
|
Permits and compliance plans.
|
§ 7651h
|
(§ 409)
|
Repowered sources.
|
§ 7651i
|
(§ 410)
|
Election for additional sources.
|
§ 7651j
|
(§ 411)
|
Excess emissions penalty.
|
§ 7651k
|
(§ 412)
|
Monitoring, reporting, and recordkeeping requirements.
|
§ 7651l
|
(§ 413)
|
General compliance with other provisions.
|
§ 7651m
|
(§ 414)
|
Enforcement.
|
§ 7651n
|
(§ 415)
|
Clean coal technology regulatory incentives.
|
§ 7651o
|
(§ 416)
|
Contingency guarantee, auctions, reserve.
|
|
SUBCHAPTER V—PERMITS
|
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§ 7661
|
(§ 501)
|
Definitions.
|
§ 7661a
|
(§ 502)
|
Permit programs.
|
§ 7661b
|
(§ 503)
|
Permit applications.
|
§ 7661c
|
(§ 504)
|
Permit requirements and conditions.
|
§ 7661d
|
(§ 505)
|
Notification to Administrator and contiguous States.
|
§ 7661e
|
(§ 506)
|
Other authorities.
|
§ 7661f
|
(§ 507)
|
Small business stationary source technical and environmental compliance assistance program.
|
|
SUBCHAPTER VI—STRATOSPHERIC OZONE PROTECTION
|
---|
§ 7671
|
(§ 601)
|
Definitions.
|
§ 7671a
|
(§ 602)
|
Listing of class I and class II substances.
|
§ 7671b
|
(§ 603)
|
Monitoring and reporting requirements.
|
§ 7671c
|
(§ 604)
|
Phase-out of production and consumption of class I substances.
|
§ 7671d
|
(§ 605)
|
Phase-out of production and consumption of class II substances.
|
§ 7671e
|
(§ 606)
|
Accelerated schedule.
|
§ 7671f
|
(§ 607)
|
Exchange authority.
|
§ 7671g
|
(§ 608)
|
National recycling and emission reduction program.
|
§ 7671h
|
(§ 609)
|
Servicing of motor vehicle air conditioners.
|
§ 7671i
|
(§ 610)
|
Nonessential products containing chlorofluorocarbons.
|
§ 7671j
|
(§ 611)
|
Labeling.
|
§ 7671k
|
(§ 612)
|
Safe alternatives policy.
|
§ 7671l
|
(§ 613)
|
Federal procurement.
|
§ 7671m
|
(§ 614)
|
Relationship to other laws.
|
§ 7671n
|
(§ 615)
|
Authority of Administrator.
|
§ 7671o
|
(§ 616)
|
Transfers among Parties to Montreal Protocol.
|
§ 7671p
|
(§ 617)
|
International cooperation.
|
§ 7671q
|
(§ 618)
|
Miscellaneous provisions.
|
§ 7401. Adjudications
CAA § 101
(a) Findings
Table of Contents
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 jurisdictions and often extend into two or more States;
- (2) that the growth in the amount and complexity of air pollution 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 agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
- (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; 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) Declaration
Table of Contents
The purposes of this subchapter 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 development 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 execution of their air pollution prevention and control programs; and
- (4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
(c) Pollution prevention
Table of Contents
A primary goal of this chapter is to encourage or otherwise promote reasonable Federal, State, and local governmental actions, consistent with the provisions of this chapter, for pollution prevention.
§ 7402. Cooperative activities
CAA § 102
(a) Interstate cooperation; uniform State laws; State compacts
Table of Contents
The Administrator 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 light 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) Federal cooperation
Table of Contents
The Administrator 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 the utilization in the Federal air pollution control program of all appropriate and available facilities and resources within the Federal Government.
(c) Consent of Congress to compacts
Table of Contents
The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict 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 Congress. It is the intent of Congress that no agreement or compact entered into between States after November 21, 1967, which relates to the control and abatement of air pollution in an air quality control region, shall provide for participation by a State which is not included (in whole or in part) in such air quality control region.
§ 7403. Research, investigation, training, and other activities
CAA § 103
(a) Research and development program for prevention and control of air pollution
Table of Contents
The Administrator 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, demonstrations, surveys, and studies relating to the causes, effects (including health and welfare effects), extent, prevention, 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, and individuals in the conduct of such activities;
- (3) conduct investigations and research and make surveys concerning any specific problem of air pollution in cooperation with any air pollution control agency with a view to recommending a solution of 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) establish technical advisory committees composed of recognized 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; and
- (5) conduct and promote coordination and acceleration of training for individuals relating to the causes, effects, extent, prevention, and control of air pollution.
(b) Authorized activities of Administrator in establishing research and development program
Table of Contents
In carrying out the provisions of the preceding subsection the Administrator 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, pertaining to such research and other activities;
- (2) cooperate with other Federal departments and agencies, with air pollution control agencies, with other public and private agencies, institutions, and organizations, and with any industries involved, in the preparation 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 organizations, 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 section 3324 (a) and (b) of title 31 and section 5 of title 41;
- (5) establish and maintain research fellowships, in the Environmental Protection Agency and at public or nonprofit private educational institutions or research organizations;
- (6) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agencies, institutions, and organizations having related responsibilities, basic data on chemical, physical, and biological effects of varying air quality and other information pertaining to air pollution and the prevention and control thereof;
- (7) develop effective and practical processes, methods, and prototype devices for the prevention or control of air pollution; and
- (8) construct facilities, provide equipment, and employ staff as necessary to carry out this chapter.
In carrying out the provisions of subsection (a) of this section, the Administrator shall provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications and make grants to such agencies, to other public or nonprofit private agencies, institutions, and organizations for the purposes stated in subsection (a)(5) of this section. Reasonable fees may be charged for such training provided to persons other than personnel of air pollution control agencies but such training shall be provided to such personnel of air pollution control agencies without charge.
(c) Air pollutant monitoring, analysis, modeling, and inventory research
Table of Contents
In carrying out subsection (a) of this section, the Administrator shall conduct a program of research, testing, and development of methods for sampling, measurement, monitoring, analysis, and modeling of air pollutants. Such program shall include the following elements:
- (1) Consideration of individual, as well as complex mixtures of, air pollutants and their chemical transformations in the atmosphere.
- (2) Establishment of a national network to monitor, collect, and compile data with quantification of certainty in the status and trends of air emissions, deposition, air quality, surface water quality, forest condition, and visibility impairment, and to ensure the comparability of air quality data collected in different States and obtained from different nations.
- (3) Development of improved methods and technologies for sampling, measurement, monitoring, analysis, and modeling to increase understanding of the sources of ozone percursors, ozone formation, ozone transport, regional influences on urban ozone, regional ozone trends, and interactions of ozone with other pollutants. Emphasis shall be placed on those techniques which—
- (A) improve the ability to inventory emissions of volatile organic compounds and nitrogen oxides that contribute to urban air pollution, including anthropogenic and natural sources;
- (B) improve the understanding of the mechanism through which anthropogenic and biogenic volatile organic compounds react to form ozone and other oxidants; and
- (C) improve the ability to identify and evaluate region-specific prevention and control options for ozone pollution.
- (4) Submission of periodic reports to the Congress, not less than once every 5 years, which evaluate and assess the effectiveness of air pollution control regulations and programs using monitoring and modeling data obtained pursuant to this subsection.
(d) Environmental health effects research
Table of Contents
- (1) The Administrator, in consultation with the Secretary of Health and Human Services, shall conduct a research program on the short-term and long-term effects of air pollutants, including wood smoke, on human health. In conducting such research program the Administrator—
- (A) shall conduct studies, including epidemiological, clinical, and laboratory and field studies, as necessary to identify and evaluate exposure to and effects of air pollutants on human health;
- (B) may utilize, on a reimbursable basis, the facilities of existing Federal scientific laboratories and research centers; and
- (C) shall consult with other Federal agencies to ensure that similar research being conducted in other agencies is coordinated to avoid duplication.
- (2) In conducting the research program under this subsection, the Administrator shall develop methods and techniques necessary to identify and assess the risks to human health from both routine and accidental exposures to individual air pollutants and combinations thereof. Such research program shall include the following elements:
- (A) The creation of an Interagency Task Force to coordinate such program. The Task Force shall include representatives of the National Institute for Environmental Health Sciences, the Environmental Protection Agency, the Agency for Toxic Substances and Disease Registry, the National Toxicology Program, the National Institute of Standards and Technology, the National Science Foundation, the Surgeon General, and the Department of Energy. This Interagency Task Force shall be chaired by a representative of the Environmental Protection Agency and shall convene its first meeting within 60 days after November 15, 1990.
- (B) An evaluation, within 12 months after November 15, 1990, of each of the hazardous air pollutants listed under section 7412 (b) of this title, to decide, on the basis of available information, their relative priority for preparation of environmental health assessments pursuant to subparagraph::(C). The evaluation shall be based on reasonably anticipated toxicity to humans and exposure factors such as frequency of occurrence as an air pollutant and volume of emissions in populated areas. Such evaluation shall be reviewed by the Interagency Task Force established pursuant to subparagraph (A).
- (C) Preparation of environmental health assessments for each of the hazardous air pollutants referred to in subparagraph (B), beginning 6 months after the first meeting of the Interagency Task Force and to be completed within 96 months thereafter. No fewer than 24 assessments shall be completed and published annually. The assessments shall be prepared in accordance with guidelines developed by the Administrator in consultation with the Interagency Task Force and the Science Advisory Board of the Environmental Protection Agency. Each such assessment shall include—
- (i) an examination, summary, and evaluation of available toxicological and epidemiological information for the pollutant to ascertain the levels of human exposure which pose a significant threat to human health and the associated acute, subacute, and chronic adverse health effects;
- (ii) a determination of gaps in available information related to human health effects and exposure levels; and
- (iii) where appropriate, an identification of additional activities, including toxicological and inhalation testing, needed to identify the types or levels of exposure which may present significant risk of adverse health effects in humans.
(e) Ecosystem research
Table of Contents
In carrying out subsection (a) of this section, the Administrator, in cooperation, where appropriate, with the Under Secretary of Commerce for Oceans and Atmosphere, the Director of the Fish and Wildlife Service, and the Secretary of Agriculture, shall conduct a research program to improve understanding of the short-term and long-term causes, effects, and trends of ecosystems damage from air pollutants on ecosystems. Such program shall include the following elements:
- (1) Identification of regionally representative and critical ecosystems for research.
- (2) Evaluation of risks to ecosystems exposed to air pollutants, including characterization of the causes and effects of chronic and episodic exposures to air pollutants and determination of the reversibility of those effects.
- (3) Development of improved atmospheric dispersion models and monitoring systems and networks for evaluating and quantifying exposure to and effects of multiple environmental stresses associated with air pollution.
- (4) Evaluation of the effects of air pollution on water quality, including assessments of the short-term and long-term ecological effects of acid deposition and other atmospherically derived pollutants on surface water (including wetlands and estuaries) and groundwater.
- (5) Evaluation of the effects of air pollution on forests, materials, crops, biological diversity, soils, and other terrestrial and aquatic systems exposed to air pollutants.
- (6) Estimation of the associated economic costs of ecological damage which have occurred as a result of exposure to air pollutants.
Consistent with the purpose of this program, the Administrator may use the estuarine research reserves established pursuant to section 1461 of title 16 to carry out this research.
(f) Liquefied Gaseous Fuels Spill Test Facility
Table of Contents
- (1) The Administrator, in consultation with the Secretary of Energy and the Federal Coordinating Council for Science, Engineering, and Technology, shall oversee an experimental and analytical research effort, with the experimental research to be carried out at the Liquefied Gaseous Fuels Spill Test Facility. In consultation with the Secretary of Energy, the Administrator shall develop a list of chemicals and a schedule for field testing at the Facility. Analysis of a minimum of 10 chemicals per year shall be carried out, with the selection of a minimum of 2 chemicals for field testing each year. Highest priority shall be given to those chemicals that would present the greatest potential risk to human health as a result of an accidental release—
- (A) from a fixed site; or
- (B) related to the transport of such chemicals.
- (2) The purpose of such research shall be to—
- (A) develop improved predictive models for atmospheric dispersion which at a minimum—
- (i) describe dense gas releases in complex terrain including man-made structures or obstacles with variable winds;
- (ii) improve understanding of the effects of turbulence on dispersion patterns; and
- (iii) consider realistic behavior of aerosols by including physicochemical reactions with water vapor, ground deposition, and removal by water spray;
- (B) evaluate existing and future atmospheric dispersion models by—
- (i) the development of a rigorous, standardized methodology for dense gas models; and
- (ii) the application of such methodology to current dense gas dispersion models using data generated from field experiments; and
- (C) evaluate the effectiveness of hazard mitigation and emergency response technology for fixed site and transportation related accidental releases of toxic chemicals.
- Models pertaining to accidental release shall be evaluated and improved periodically for their utility in planning and implementing evacuation procedures and other mitigative strategies designed to minimize human exposure to hazardous air pollutants released accidentally.
- (3) The Secretary of Energy shall make available to interested persons (including other Federal agencies and businesses) the use of the Liquefied Gaseous Fuels Spill Test Facility to conduct research and other activities in connection with the activities described in this subsection.
(g) Pollution prevention and emissions control
Table of Contents
In carrying out subsection (a) of this section, the Administrator shall conduct a basic engineering research and technology program to develop, evaluate, and demonstrate nonregulatory strategies and technologies for air pollution prevention. Such strategies and technologies shall be developed with priority on those pollutants which pose a significant risk to human health and the environment, and with opportunities for participation by industry, public interest groups, scientists, and other interested persons in the development of such strategies and technologies. Such program shall include the following elements:
- (1) Improvements in nonregulatory strategies and technologies for preventing or reducing multiple air pollutants, including sulfur oxides, nitrogen oxides, heavy metals, PM–10 (particulate matter), carbon monoxide, and carbon dioxide, from stationary sources, including fossil fuel power plants. Such strategies and technologies shall include improvements in the relative cost effectiveness and long-range implications of various air pollutant reduction and nonregulatory control strategies such as energy conservation, including end-use efficiency, and fuel-switching to cleaner fuels. Such strategies and technologies shall be considered for existing and new facilities.
- (2) Improvements in nonregulatory strategies and technologies for reducing air emissions from area sources.
- (3) Improvements in nonregulatory strategies and technologies for preventing, detecting, and correcting accidental releases of hazardous air pollutants.
- (4) Improvements in nonregulatory strategies and technologies that dispose of tires in ways that avoid adverse air quality impacts.
Nothing in this subsection shall be construed to authorize the imposition on any person of air pollution control requirements. The Administrator shall consult with other appropriate Federal agencies to ensure coordination and to avoid duplication of activities authorized under this subsection.
(h) NIEHS studies
Table of Contents
- (1) The Director of the National Institute of Environmental Health Sciences may conduct a program of basic research to identify, characterize, and quantify risks to human health from air pollutants. Such research shall be conducted primarily through a combination of university and medical school-based grants, as well as through intramural studies and contracts.
- (2) The Director of the National Institute of Environmental Health Sciences shall conduct a program for the education and training of physicians in environmental health.
- (4) There are authorized to be appropriated to the National Institute of Environmental Health Sciences such sums as may be necessary to carry out the purposes of this subsection.