Notes on 42 U.S.C. § 7401 : US Code - Notes

Search Notes on 42 U.S.C. § 7401 : US Code - Notes

(July 14, 1955, ch. 360, title I, Sec. 101, formerly Sec. 1, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 392;
renumbered Sec. 101 and amended Pub. L. 89-272, title I, Sec.
101(2), (3), Oct. 20, 1965, 79 Stat. 992; Pub. L. 90-148, Sec. 2,
Nov. 21, 1967, 81 Stat. 485; Pub. L. 101-549, title I, Sec. 108(k),
Nov. 15, 1990, 104 Stat. 2468.)
CODIFICATION
Section was formerly classified to section 1857 of this title.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in a
prior section 1857 of this title, act of July 14, 1955, ch. 360,
Sec. 1, 69 Stat. 322, prior to the general amendment of this
chapter by Pub. L. 88-206.
AMENDMENTS
1990 - Subsec. (a)(3). Pub. L. 101-549, Sec. 108(k)(1), amended
par. (3) generally. Prior to amendment, par. (3) read as follows:
"that the prevention and control of air pollution at its source is
the primary responsibility of States and local governments; and".
Subsec. (b)(4). Pub. L. 101-549, Sec. 108(k)(2), inserted
"prevention and" after "pollution".
Subsec. (c). Pub. L. 101-549, Sec. 108(k)(3), added subsec. (c).
1967 - Subsec. (b)(1). Pub. L. 90-148 inserted "and enhance the
quality of" after "to protect".
1965 - Subsec. (b). Pub. L. 89-272 substituted "this title" for
"this Act", which for purposes of codification has been changed to
"this subchapter".
EFFECTIVE DATE OF 1990 AMENDMENT
Section 711(b) of Pub. L. 101-549 provided that:
"(1) Except as otherwise expressly provided, the amendments made
by this Act [see Tables for classification] shall be effective on
the date of enactment of this Act [Nov. 15, 1990].
"(2) The Administrator's authority to assess civil penalties
under section 205(c) of the Clean Air Act [42 U.S.C. 7524(c)], as
amended by this Act, shall apply to violations that occur or
continue on or after the date of enactment of this Act. Civil
penalties for violations that occur prior to such date and do not
continue after such date shall be assessed in accordance with the
provisions of the Clean Air Act [42 U.S.C. 7401 et seq.] in effect
immediately prior to the date of enactment of this Act.
"(3) The civil penalties prescribed under sections 205(a) and
211(d)(1) of the Clean Air Act [42 U.S.C. 7524(a), 7545(d)(1)], as
amended by this Act, shall apply to violations that occur on or
after the date of enactment of this Act. Violations that occur
prior to such date shall be subject to the civil penalty provisions
prescribed in sections 205(a) and 211(d) of the Clean Air Act in
effect immediately prior to the enactment of this Act. The
injunctive authority prescribed under section 211(d)(2) of the
Clean Air Act, as amended by this Act, shall apply to violations
that occur or continue on or after the date of enactment of this
Act.
"(4) For purposes of paragraphs (2) and (3), where the date of a
violation cannot be determined it will be assumed to be the date on
which the violation is discovered."
EFFECTIVE DATE OF 1977 AMENDMENT; PENDING ACTIONS; CONTINUATION OF
RULES, CONTRACTS, AUTHORIZATIONS, ETC.; IMPLEMENTATION PLANS
Section 406 of Pub. L. 95-95, as amended by Pub. L. 95-190, Sec.
14(b)(6), Nov. 16, 1977, 91 Stat. 1405, provided that:
"(a) No suit, action, or other proceeding lawfully commenced by
or against the Administrator or any other officer or employee of
the United States in his official capacity or in relation to the
discharge of his official duties under the Clean Air Act [this
chapter], as in effect immediately prior to the date of enactment
of this Act [Aug. 7, 1977] shall abate by reason of the taking
effect of the amendments made by this Act [see Short Title of 1977
Amendment note below]. The court may, on its own motion or that of
any party made at any time within twelve months after such taking
effect, allow the same to be maintained by or against the
Administrator or such officer or employee.
"(b) All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to the Clean Air Act [this
chapter], as in effect immediately prior to the date of enactment
of this Act [Aug. 7, 1977], and pertaining to any functions,
powers, requirements, and duties under the Clean Air Act, as in
effect immediately prior to the date of enactment of this Act, and
not suspended by the Administrator or the courts, shall continue in
full force and effect after the date of enactment of this Act until
modified or rescinded in accordance with the Clean Air Act as
amended by this Act [see Short Title of 1977 Amendment note below].
"(c) Nothing in this Act [see Short Title of 1977 Amendment note
below] nor any action taken pursuant to this Act shall in any way
affect any requirement of an approved implementation plan in effect
under section 110 of the Clean Air Act [section 7410 of this title]
or any other provision of the Act in effect under the Clean Air Act
before the date of enactment of this section [Aug. 7, 1977] until
modified or rescinded in accordance with the Clean Air Act [this
chapter] as amended by this Act [see Short Title of 1977 Amendment
note below].
"(d)(1) Except as otherwise expressly provided, the amendments
made by this Act [see Short Title of 1977 Amendment note below]
shall be effective on date of enactment [Aug. 7, 1977].
"(2) Except as otherwise expressly provided, each State required
to revise its applicable implementation plan by reason of any
amendment made by this Act [see Short Title of 1977 Amendment note
below] shall adopt and submit to the Administrator of the
Environmental Protection Administration such plan revision before
the later of the date -
"(A) one year after the date of enactment of this Act [Aug. 7,
1977], or
"(B) nine months after the date of promulgation by the
Administrator of the Environmental Protection Administration of
any regulations under an amendment made by this Act which are
necessary for the approval of such plan revision."
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-40, Sec. 1, Aug. 5, 1999, 113 Stat. 207, provided
that: "This Act [amending section 7412 of this title and enacting
provisions set out as notes under section 7412 of this title] may
be cited as the 'Chemical Safety Information, Site Security and
Fuels Regulatory Relief Act'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-286, Sec. 1, Oct. 27, 1998, 112 Stat. 2773, provided
that: "This Act [amending section 7511b of this title and enacting
provisions set out as a note under section 7511b of this title] may
be cited as the 'Border Smog Reduction Act of 1998'."
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399, is popularly
known as the "Clean Air Act Amendments of 1990". See Tables for
classification.
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97-23, Sec. 1, July 17, 1981, 95 Stat. 139, provided:
"That this Act [amending sections 7410 and 7413 of this title] may
be cited as the 'Steel Industry Compliance Extension Act of 1981'."
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95-95, Sec. 1, Aug. 7, 1977, 91 Stat. 685, provided that:
"This Act [enacting sections 4362, 7419 to 7428, 7450 to 7459, 7470
to 7479, 7491, 7501 to 7508, 7548, 7549, 7551, 7617 to 7625, and
7626 of this title, amending sections 7403, 7405, 7407 to 7415,
7417, 7418, 7521 to 7525, 7541, 7543, 7544, 7545, 7550, 7571, 7601
to 7605, 7607, 7612, 7613, and 7616 of this title, repealing
section 1857c-10 of this title, and enacting provisions set out as
notes under this section, sections 7403, 7422, 7470, 7479, 7502,
7521, 7548, and 7621 of this title, and section 792 of Title 15,
Commerce and Trade] may be cited as the 'Clean Air Act Amendments
of 1977'."
SHORT TITLE OF 1970 AMENDMENT
Pub. L. 91-604, Sec. 1, Dec. 31, 1970, 84 Stat. 1676, provided:
"That this Act [amending this chapter generally] may be cited as
the 'Clean Air Amendments of 1970'."
SHORT TITLE OF 1967 AMENDMENT
Section 1 of Pub. L. 90-148 provided: "That this Act [amending
this chapter generally] may be cited as the 'Air Quality Act of
1967'."
SHORT TITLE OF 1966 AMENDMENT
Pub. L. 89-675, Sec. 1, Oct. 15, 1966, 80 Stat. 954, provided:
"That this Act [amending sections 7405 and 7616 of this title and
repealing section 1857f-8 of this title] may be cited as the 'Clean
Air Act Amendments of 1966'."
SHORT TITLE
Section 317, formerly section 14, of act July 14, 1955, as added
by section 1 of Pub. L. 88-206, renumbered section 307 by section
101(4) of Pub. L. 89-272, renumbered section 310 by section 2 of
Pub. L. 90-148, and renumbered section 317 by Pub. L. 91-604, Sec.
12(a), Dec. 31, 1970, 84 Stat. 1705, provided that: "This Act
[enacting this chapter] may be cited as the 'Clean Air Act'."
Section 201 of title II of act July 14, 1955, as added by Pub. L.
89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 992, and
amended by Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499,
provided that: "This title [enacting subchapter II of this chapter]
may be cited as the 'National Emission Standards Act'." Prior to
its amendment by Pub. L. 90-148, title II of act June 14, 1955, was
known as the "Motor Vehicle Air Pollution Control Act".
Section 401 of title IV of act July 14, 1955, as added Dec. 31,
1970, Pub. L. 91-604, Sec. 14, 84 Stat. 1709, provided that: "This
title [enacting subchapter IV of this chapter] may be cited as the
'Noise Pollution and Abatement Act of 1970'."
SAVINGS PROVISION
Section 711(a) of Pub. L. 101-549 provided that: "Except as
otherwise expressly provided in this Act [see Tables for
classification], no suit, action, or other proceeding lawfully
commenced by the Administrator or any other officer or employee of
the United States in his official capacity or in relation to the
discharge of his official duties under the Clean Air Act [42 U.S.C.
7401 et seq.], as in effect immediately prior to the date of
enactment of this Act [Nov. 15, 1990], shall abate by reason of the
taking effect of the amendments made by this Act."
TRANSFER OF FUNCTIONS
Reorg. Plan No. 3 of 1970, Sec. 2(a)(3), eff. Dec. 2, 1970, 35
F.R. 15623, 84 Stat. 2086, transferred to Administrator of
Environmental Protection Agency functions vested by law in
Secretary of Health, Education, and Welfare or in Department of
Health, Education, and Welfare which are administered through
Environmental Health Service, including functions exercised by
National Air Pollution Control Administration, and Environmental
Control Administration's Bureau of Solid Waste Management, Bureau
of Water Hygiene, and Bureau of Radiological Health, except insofar
as functions carried out by Bureau of Radiological Health pertain
to regulation of radiation from consumer products, including
electronic product radiation, radiation as used in healing arts,
occupational exposure to radiation, and research, technical
assistance, and training related to radiation from consumer
products, radiation as used in healing arts, and occupational
exposure to radiation.
IMPACT ON SMALL COMMUNITIES
Section 810 of Pub. L. 101-549 provided that: "Before
implementing a provision of this Act [see Tables for
classification], the Administrator of the Environmental Protection
Agency shall consult with the Small Communities Coordinator of the
Environmental Protection Agency to determine the impact of such
provision on small communities, including the estimated cost of
compliance with such provision."
RADON ASSESSMENT AND MITIGATION
Pub. L. 99-499, title I, Sec. 118(k), Oct. 17, 1986, 100 Stat.
1659, as amended by Pub. L. 105-362, title V, Sec. 501(i), Nov. 10,
1998, 112 Stat. 3284, provided that:
"(1) National assessment of radon gas. - No later than one year
after the enactment of this Act [Oct. 17, 1986], the Administrator
shall submit to the Congress a report which shall, to the extent
possible -
"(A) identify the locations in the United States where radon is
found in structures where people normally live or work, including
educational institutions;
"(B) assess the levels of radon gas that are present in such
structures;
"(C) determine the level of radon gas and radon daughters which
poses a threat to human health and assess for each location
identified under subparagraph (A) the extent of the threat to
human health;
"(D) determine methods of reducing or eliminating the threat to
human health of radon gas and radon daughters; and
"(E) include guidance and public information materials based on
the findings or research of mitigating radon.
"(2) Radon mitigation demonstration program. -
"(A) Demonstration program. - The Administrator shall conduct a
demonstration program to test methods and technologies of
reducing or eliminating radon gas and radon daughters where it
poses a threat to human health. The Administrator shall take into
consideration any demonstration program underway in the Reading
Prong of Pennsylvania, New Jersey, and New York and at other
sites prior to enactment. The demonstration program under this
section shall be conducted in the Reading Prong, and at such
other sites as the Administrator considers appropriate.
"(B) Liability. - Liability, if any, for persons undertaking
activities pursuant to the radon mitigation demonstration program
authorized under this subsection shall be determined under
principles of existing law.
"(3) Construction of section. - Nothing in this subsection shall
be construed to authorize the Administrator to carry out any
regulatory program or any activity other than research,
development, and related reporting, information dissemination, and
coordination activities specified in this subsection. Nothing in
paragraph (1) or (2) shall be construed to limit the authority of
the Administrator or of any other agency or instrumentality of the
United States under any other authority of law."
SPILL CONTROL TECHNOLOGY
Pub. L. 99-499, title I, Sec. 118(n), Oct. 17, 1986, 100 Stat.
1660, provided that:
"(1) Establishment of program. - Within 180 days of enactment of
this subsection [Oct. 17, 1986], the Secretary of the United States
Department of Energy is directed to carry out a program of testing
and evaluation of technologies which may be utilized in responding
to liquefied gaseous and other hazardous substance spills at the
Liquefied Gaseous Fuels Spill Test Facility that threaten public
health or the environment.
"(2) Technology transfer. - In carrying out the program
established under this subsection, the Secretary shall conduct a
technology transfer program that, at a minimum -
"(A) documents and archives spill control technology;
"(B) investigates and analyzes significant hazardous spill
incidents;
"(C) develops and provides generic emergency action plans;
"(D) documents and archives spill test results;
"(E) develops emergency action plans to respond to spills;
"(F) conducts training of spill response personnel; and
"(G) establishes safety standards for personnel engaged in
spill response activities.
"(3) Contracts and grants. - The Secretary is directed to enter
into contracts and grants with a nonprofit organization in Albany
County, Wyoming, that is capable of providing the necessary
technical support and which is involved in environmental activities
related to such hazardous substance related emergencies.
"(4) Use of site. - The Secretary shall arrange for the use of
the Liquefied Gaseous Fuels Spill Test Facility to carry out the
provisions of this subsection."
RADON GAS AND INDOOR AIR QUALITY RESEARCH
Pub. L. 99-499, title IV, Oct. 17, 1986, 100 Stat. 1758, provided
that:
"SEC. 401. SHORT TITLE.
"This title may be cited as the 'Radon Gas and Indoor Air Quality
Research Act of 1986'.
"SEC. 402. FINDINGS.
"The Congress finds that:
"(1) High levels of radon gas pose a serious health threat in
structures in certain areas of the country.
"(2) Various scientific studies have suggested that exposure to
radon, including exposure to naturally occurring radon and indoor
air pollutants, poses a public health risk.
"(3) Existing Federal radon and indoor air pollutant research
programs are fragmented and underfunded.
"(4) An adequate information base concerning exposure to radon
and indoor air pollutants should be developed by the appropriate
Federal agencies.
"SEC. 403. RADON GAS AND INDOOR AIR QUALITY RESEARCH PROGRAM.
"(a) Design of Program. - The Administrator of the Environmental
Protection Agency shall establish a research program with respect
to radon gas and indoor air quality. Such program shall be designed
to -
"(1) gather data and information on all aspects of indoor air
quality in order to contribute to the understanding of health
problems associated with the existence of air pollutants in the
indoor environment;
"(2) coordinate Federal, State, local, and private research and
development efforts relating to the improvement of indoor air
quality; and
"(3) assess appropriate Federal Government actions to mitigate
the environmental and health risks associated with indoor air
quality problems.
"(b) Program Requirements. - The research program required under
this section shall include -
"(1) research and development concerning the identification,
characterization, and monitoring of the sources and levels of
indoor air pollution, including radon, which includes research
and development relating to -
"(A) the measurement of various pollutant concentrations and
their strengths and sources,
"(B) high-risk building types, and
"(C) instruments for indoor air quality data collection;
"(2) research relating to the effects of indoor air pollution
and radon on human health;
"(3) research and development relating to control technologies
or other mitigation measures to prevent or abate indoor air
pollution (including the development, evaluation, and testing of
individual and generic control devices and systems);
"(4) demonstration of methods for reducing or eliminating
indoor air pollution and radon, including sealing, venting, and
other methods that the Administrator determines may be effective;
"(5) research, to be carried out in conjunction with the
Secretary of Housing and Urban Development, for the purpose of
developing -
"(A) methods for assessing the potential for radon
contamination of new construction, including (but not limited
to) consideration of the moisture content of soil, porosity of
soil, and radon content of soil; and
"(B) design measures to avoid indoor air pollution; and
"(6) the dissemination of information to assure the public
availability of the findings of the activities under this
section.
"(c) Advisory Committees. - The Administrator shall establish a
committee comprised of individuals representing Federal agencies
concerned with various aspects of indoor air quality and an
advisory group comprised of individuals representing the States,
the scientific community, industry, and public interest
organizations to assist him in carrying out the research program
for radon gas and indoor air quality.
"(d) Implementation Plan. - Not later than 90 days after the
enactment of this Act [Oct. 17, 1986], the Administrator shall
submit to the Congress a plan for implementation of the research
program under this section. Such plan shall also be submitted to
the EPA Science Advisory Board, which shall, within a reasonable
period of time, submit its comments on such plan to Congress.
"(e) Report. - Not later than 2 years after the enactment of this
Act [Oct. 17, 1986], the Administrator shall submit to Congress a
report respecting his activities under this section and making such
recommendations as appropriate.
"SEC. 404. CONSTRUCTION OF TITLE.
"Nothing in this title shall be construed to authorize the
Administrator to carry out any regulatory program or any activity
other than research, development, and related reporting,
information dissemination, and coordination activities specified in
this title. Nothing in this title shall be construed to limit the
authority of the Administrator or of any other agency or
instrumentality of the United States under any other authority of
law.
"SEC. 405. AUTHORIZATIONS.
"There are authorized to be appropriated to carry out the
activities under this title and under section 118(k) of the
Superfund Amendments and Reauthorization Act of 1986 (relating to
radon gas assessment and demonstration program) [section 118(k) of
Pub. L. 99-499, set out as a note above] not to exceed $5,000,000
for each of the fiscal years 1987, 1988, and 1989. Of such sums
appropriated in fiscal years 1987 and 1988, two-fifths shall be
reserved for the implementation of section 118(k)(2)."
STUDY OF ODORS AND ODOROUS EMISSIONS
Pub. L. 95-95, title IV, Sec. 403(b), Aug. 7, 1977, 91 Stat. 792,
directed Administrator of Environmental Protection Agency to
conduct a study and report to Congress not later than Jan. 1, 1979,
on effects on public health and welfare of odors and odorous
emissions, source of such emissions, technology or other measures
available for control of such emissions and costs of such
technology or measures, and costs and benefits of alternative
measures or strategies to abate such emissions.
LIST OF CHEMICAL CONTAMINANTS FROM ENVIRONMENTAL POLLUTION FOUND IN
HUMAN TISSUE
Pub. L. 95-95, title IV, Sec. 403(c), Aug. 7, 1977, 91 Stat. 792,
directed Administrator of EPA, not later than twelve months after
Aug. 7, 1977, to publish throughout the United States a list of all
known chemical contaminants resulting from environmental pollution
which have been found in human tissue including blood, urine,
breast milk, and all other human tissue, such list to be prepared
for the United States and to indicate approximate number of cases,
range of levels found, and mean levels found, directed
Administrator, not later than eighteen months after Aug. 7, 1977,
to publish in same manner an explanation of what is known about the
manner in which chemicals entered the environment and thereafter
human tissue, and directed Administrator, in consultation with
National Institutes of Health, the National Center for Health
Statistics, and the National Center for Health Services Research
and Development, to, if feasible, conduct an epidemiological study
to demonstrate the relationship between levels of chemicals in the
environment and in human tissue, such study to be made in
appropriate regions or areas of the United States in order to
determine any different results in such regions or areas, and the
results of such study to be reported, as soon as practicable, to
appropriate committee of Congress.
STUDY ON REGIONAL AIR QUALITY
Pub. L. 95-95, title IV, Sec. 403(d), Aug. 7, 1977, 91 Stat. 793,
directed Administrator of EPA to conduct a study of air quality in
various areas throughout the country including the gulf coast
region, such study to include analysis of liquid and solid aerosols
and other fine particulate matter and contribution of such
substances to visibility and public health problems in such areas,
with Administrator to use environmental health experts from the
National Institutes of Health and other outside agencies and
organizations.
RAILROAD EMISSION STUDY
Pub. L. 95-95, title IV, Sec. 404, Aug. 7, 1977, 91 Stat. 793, as
amended by H. Res. 549, Mar. 25, 1980, directed Administrator of
EPA to conduct a study and investigation of emissions of air
pollutants from railroad locomotives, locomotive engines, and
secondary power sources on railroad rolling stock, in order to
determine extent to which such emissions affect air quality in air
quality control regions throughout the United States, technological
feasibility and current state of technology for controlling such
emissions, and status and effect of current and proposed State and
local regulations affecting such emissions, and within one hundred
and eighty days after commencing such study and investigation,
Administrator to submit a report of such study and investigation,
together with recommendations for appropriate legislation, to
Senate Committee on Environment and Public Works and House
Committee on Energy and Commerce.
STUDY AND REPORT CONCERNING ECONOMIC APPROACHES TO CONTROLLING AIR
POLLUTION
Pub. L. 95-95, title IV, Sec. 405, Aug. 7, 1977, 91 Stat. 794,
directed Administrator, in conjunction with Council of Economic
Advisors, to undertake a study and assessment of economic measures
for control of air pollution which could strengthen effectiveness
of existing methods of controlling air pollution, provide
incentives to abate air pollution greater than that required by
Clean Air Act, and serve as primary incentive for controlling air
pollution problems not addressed by Clean Air Act, and directed
that not later than 2 years after Aug. 7, 1977, Administrator and
Council conclude study and submit a report to President and
Congress.
NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL
For provisions relating to establishment of National Industrial
Pollution Control Council, see Ex. Ord. No. 11523, Apr. 9, 1970, 35
F.R. 5993, set out as a note under section 4321 of this title.
FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS
For provisions relating to responsibility of head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
set out as a note under section 4321 of this title.
EXECUTIVE ORDER NO. 10779
Ex. Ord. No. 10779, Aug. 21, 1958, 23 F.R. 6487, which related to
cooperation of Federal agencies with State and local authorities,
was superseded by Ex. Ord. No. 11282, May 26, 1966, 31 F.R. 7663,
formerly set out under section 7418 of this title.
EXECUTIVE ORDER NO. 11507
Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, which provided
for prevention, control, and abatement of air pollution at Federal
facilities, was superseded by Ex. Ord. No. 11752, Dec. 17, 1973, 38
F.R. 34793, formerly set out as a note under section 4331 of this
title.