Notes on 42 U.S.C. § 7403 : US Code - Notes

Search Notes on 42 U.S.C. § 7403 : US Code - Notes

(July 14, 1955, ch. 360, title I, Sec. 103, formerly Sec. 3, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 394;
renumbered Sec. 103 and amended Pub. L. 89-272, title I, Secs.
101(3), 103, Oct. 20, 1965, 79 Stat. 992, 996; Pub. L. 90-148, Sec.
2, Nov. 21, 1967, 81 Stat. 486; Pub. L. 91-604, Secs. 2(a), 4(2),
15(a)(2), (c)(2), Dec. 31, 1970, 84 Stat. 1676, 1689, 1710, 1713;
Pub. L. 95-95, title I, Sec. 101(a), (b), Aug. 7, 1977, 91 Stat.
686, 687; Pub. L. 101-549, title IX, Sec. 901(a)-(c), Nov. 15,
1990, 104 Stat. 2700-2703.)
REFERENCES IN TEXT
The Acid Precipitation Act of 1980, referred to in subsec.
(j)(1), (3)(A), is title VII of Pub. L. 96-294, June 30, 1980, 94
Stat. 770, which is classified generally to chapter 97 (Sec. 8901
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 8901 of this
title and Tables.
CODIFICATION
In subsec. (b)(4), "section 3324(a) and (b) of title 31"
substituted for reference to section 3648 of the Revised Statutes
(31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title
31, Money and Finance.
Section was formerly classified to section 1857b of this title.
PRIOR PROVISIONS
Provisions similar to those in subsec. (a)(3) of this section
were contained in subsec. (a) of a prior section 1857b of this
title, act July 14, 1955, ch. 360, Sec. 3, 69 Stat. 322, as amended
Oct. 9, 1962, Pub. L. 87-761, Sec. 2, 76 Stat. 760, prior to the
general amendment of this chapter by Pub. L. 88-206.
Provisions similar to those in this section were contained in
prior sections 1857a to 1857d of this title, act July 14, 1955, ch.
360, Secs. 2 to 5, 69 Stat. 322 (section 1857b as amended Oct. 9,
1962, Pub. L. 87-761, Sec. 2, 76 Stat. 760; section 1857d as
amended Sept. 22, 1959, Pub. L. 86-365, Sec. 1, 73 Stat. 646 and
Oct. 9, 1962, Pub. L. 87-761, Sec. 1, 76 Stat. 760), prior to the
general amendment of this chapter by Pub. L. 88-206.
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 901(a)(1), inserted
"(including health and welfare effects)" after "effects".
Subsec. (b)(8). Pub. L. 101-549, Sec. 901(a)(2), which directed
amendment of subsec. (b) by adding par. (8) at end, was executed by
adding par. (8) after par. (7) to reflect the probable intent of
Congress.
Subsecs. (c) to (f). Pub. L. 101-549, Sec. 901(b), amended
subsecs. (c) to (f) generally, substituting present provisions for
provisions which related to: in subsec. (c), results of other
scientific studies; in subsec. (d), construction of facilities; in
subsec. (e), potential air pollution problems, conferences, and
findings and recommendations of the Administrator; and, in subsec.
(f), accelerated research programs.
Subsecs. (g) to (k). Pub. L. 101-549, Sec. 901(c), added subsecs.
(g) to (k).
1977 - Subsec. (a). Pub. L. 95-95, Sec. 101(b), struck out
reference to "training" in par. (1) and added par. (5).
Subsec. (b). Pub. L. 95-95, Sec. 101(a), struck out par. (5)
which provided for training and training grants to personnel of air
pollution control agencies and other persons with suitable
qualifications, redesignated pars. (6), (7), and (8) as (5), (6),
and (7), respectively, and, following par. (7) as so redesignated,
inserted provisions directing the Administrator, in carrying out
subsec. (a), to provide training for, and make training grants to,
personnel of air pollution control agencies and other persons with
suitable qualifications and to make grants to such agencies, to
other public or nonprofit private agencies, institutions, and
organizations for the purposes stated in subsec. (a)(5) and
allowing reasonable fees to be charged for such training provided
to persons other than personnel of air pollution control agencies
but requiring that such training be provided to such personnel of
air pollution control agencies without charge.
1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary".
Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" and "Environmental Protection
Agency" for "Department of Health, Education, and Welfare".
Subsec. (c). Pub. L. 91-604, Sec. 15(a)(2), (c)(2), substituted
"Administrator" for "Secretary" and "air pollutants" for "air
pollution agents (or combinations of agents)".
Subsec. (d). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary".
Subsec. (e). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing, substituted
"7415" for "7415(a)", and inserted references to subsecs. (b) and
(c) of section 7415 of this title.
Subsec. (f). Pub. L. 91-604, Sec. 2(a), added subsec. (f).
1967 - Subsec. (a). Pub. L. 90-148 substituted "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" for "initiate and conduct a program of
research directed toward the development of improved, low-cost
techniques for extracting sulfur from fuels" as cl. (4) and struck
out cl. (5) which related to research programs relating to the
control of hydrocarbon emissions from evaporation of gasoline and
nitrogen and aldehyde oxide emission from gasoline and diesel
powered vehicles and relating to the development of improved low-
cost techniques to reduce emissions of oxides of sulfur produced
by the combustion of sulfur-containing fuels.
Subsec. (c). Pub. L. 90-148 struck out provision for promulgation
of criteria in the case of particular air pollution agents present
in the air in certain quantities reflecting the latest scientific
knowledge and allowing for availability and revision and provided
for recommendation by Secretary of air quality criteria.
Subsec. (e). Pub. L. 90-148 substituted references to subsections
(d), (e), and (f) of section 7415 of this title for references to
subsections (c), (d), and (e) of section 7415 of this title in
provision for admission of advisory findings and recommendations
together with the record of the conference and made such findings
and recommendations part of the proceedings of the conference, not
merely part of the record of proceedings.
1965 - Subsec. (a)(5). Pub. L. 89-272, Sec. 103(3), added par.
(5).
Subsecs. (d), (e). Pub. L. 89-272, Sec. 103(4), added subsecs.
(d) and (e).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(i) of this section requiring quadrennial reports to Congress and
of reporting provisions in subsec. (j)(3)(E) and (F) of this
section, see section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance, and the
7th and 8th items on page 163 of House Document No. 103-7.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such 2-
year period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
Appendix to Title 5, Government Organization and Employees.
PILOT DESIGN PROGRAMS
Pub. L. 106-246, div. B, title II, Sec. 2603, July 13, 2000, 114
Stat. 558, provided that:
"(a) The Administrator of the Environmental Protection Agency
shall make a grant for the purpose of carrying out the first year
of a 2-year program to implement in five metropolitan areas pilot
design programs developed under section 365(a)(2) of the Department
of Transportation and Related Agencies Appropriations Act, 2000
[Pub. L. 106-69] (113 Stat. 1028-1029).
"(b) The Administrator shall ensure that each pilot design
program is implemented in accordance with recommendations developed
by the National Telecommuting and Air Quality Steering Committee,
in consultation with the local design teams.
"(c) Grants received under subsection (a) may be used for -
"(1) protocol development in the five metropolitan areas;
"(2) marketing of the telecommute, emissions reduction,
pollution credits strategy and recruitment of participating
employers; and
"(3) data gathering on emissions reductions.
"(d) In addition to the grant under subsection (a), for the
purpose of carrying out the second year of the 2-year program
referred to in subsection (a), the Administrator shall -
"(1) make a grant of $750,000 to the National Environmental
Policy Institute (a nonprofit private entity incorporated under
the laws of and located in the District of Columbia); and
"(2) make grants totaling $1,250,000 to local agencies within
the five metropolitan areas referred to in subsection (a).
"(e) Not later than 360 days from first day of the second year of
the 2-year program referred to in subsection (a), the Administrator
shall transmit to Congress a report on the results of the program.
"(f) The Administrator shall carry out this section in
collaboration with the Secretary of Transportation.
"(g) There is appropriated to the Department of Transportation,
'Office of the Assistant Secretary for Policy', $2,000,000 to carry
out this section. Such amounts shall be transferred to and
administered by the Environmental Protection Agency and shall
remain available until expended: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended [2 U.S.C. 901(b)(2)(A)]:
Provided further, That the entire amount shall be available only to
the extent an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by the
President to the Congress."
NATIONAL ACID LAKES REGISTRY
Section 405 of Pub. L. 101-549 provided that: "The Administrator
of the Environmental Protection Agency shall create a National Acid
Lakes Registry that shall list, to the extent practical, all lakes
that are known to be acidified due to acid deposition, and shall
publish such list within one year of the enactment of this Act
[Nov. 15, 1990]. Lakes shall be added to the registry as they
become acidic or as data becomes available to show they are acidic.
Lakes shall be deleted from the registry as they become nonacidic."
ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECHNOLOGIES
Section 901(e) of Pub. L. 101-549 directed Administrator of
Environmental Protection Agency to conduct a study that compares
international air pollution control technologies of selected
industrialized countries to determine if there exist air pollution
control technologies in countries outside the United States that
may have beneficial applications to this Nation's air pollution
control efforts, including, with respect to each country studied,
the topics of urban air quality, motor vehicle emissions, toxic air
emissions, and acid deposition, and within 2 years after Nov. 15,
1990, submit to Congress a report detailing the results of such
study.
WESTERN STATES ACID DEPOSITION RESEARCH
Section 901(g) of Pub. L. 101-549 provided that:
"(1) The Administrator of the Environmental Protection Agency
shall sponsor monitoring and research and submit to Congress annual
and periodic assessment reports on -
"(A) the occurrence and effects of acid deposition on surface
waters located in that part of the United States west of the
Mississippi River;
"(B) the occurrence and effects of acid deposition on high
elevation ecosystems (including forests, and surface waters); and
"(C) the occurrence and effects of episodic acidification,
particularly with respect to high elevation watersheds.
"(2) The Administrator of the Environmental Protection Agency
shall analyze data generated from the studies conducted under
paragraph (1), data from the Western Lakes Survey, and other
appropriate research and utilize predictive modeling techniques
that take into account the unique geographic, climatological, and
atmospheric conditions which exist in the western United States to
determine the potential occurrence and effects of acid deposition
due to any projected increases in the emission of sulfur dioxide
and nitrogen oxides in that part of the United States located west
of the Mississippi River. The Administrator shall include the
results of the project conducted under this paragraph in the
reports issued to Congress under paragraph (1)."
CONSULTATION WITH COMMITTEE ON SCIENCE OF HOUSE OF REPRESENTATIVES
Section 101(c) of Pub. L. 95-95 provided that: "The Administrator
of the Environmental Protection Agency shall consult with the House
Committee on Science and Technology [now Committee on Science] on
the environmental and atmospheric research, development, and
demonstration aspects of this Act [see Short Title of 1977
Amendment note set out under section 7401 of this title]. In
addition, the reports and studies required by this Act that relate
to research, development, and demonstration issues shall be
transmitted to the Committee on Science and Technology [now
Committee on Science] at the same time they are made available to
other committees of the Congress."
STUDY OF SUBSTANCES DISCHARGED FROM EXHAUSTS OF MOTOR VEHICLES
Pub. L. 86-493, June 8, 1960, 74 Stat. 162, directed Surgeon
General of Public Health Service to conduct a thorough study for
purposes of determining, with respect to the various substances
discharged from exhausts of motor vehicles, the amounts and kinds
of such substances which, from the standpoint of human health, it
is safe for motor vehicles to discharge into the atmosphere under
the various conditions under which such vehicles may operate, and,
not later than two years after June 8, 1960, submit to Congress a
report on results of the study, together with such recommendations,
if any, based upon the findings made in such study, as he deemed
necessary for the protection of the public health.
(!1) So in original. Probably should be "precursors,".
(!2) So in original. Probably should be "precursors".