Notes on 42 U.S.C. § 7405 : US Code - Notes

Search Notes on 42 U.S.C. § 7405 : US Code - Notes

(July 14, 1955, ch. 360, title I, Sec. 105, formerly Sec. 4, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 395;
renumbered Sec. 104 and amended Pub. L. 89-272, title I, Sec.
101(2)-(4), Oct. 20, 1965, 79 Stat. 992; Pub. L. 89-675, Sec. 3,
Oct. 15, 1966, 80 Stat. 954; renumbered Sec. 105 and amended Pub.
L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 489; Pub. L. 91-604,
Secs. 3(a), (b)(1), 15(c)(2), Dec. 31, 1970, 84 Stat. 1677, 1713;
Pub. L. 95-95, title I, Sec. 102, title III, Sec. 305(b), Aug. 7,
1977, 91 Stat. 687, 776; Pub. L. 101-549, title VIII, Sec. 802(a)-
(e), Nov. 15, 1990, 104 Stat. 2687, 2688.)
CODIFICATION
Section was formerly classified to section 1857c of this title.
PRIOR PROVISIONS
A prior section 105 of act July 14, 1955, was renumbered section
108 by Pub. L. 90-148 and is classified to section 7415 of this
title.
Provisions similar to those in subsecs. (a) and (b) of this
section were contained in a prior section 1857d of this title, act
July 14, 1955, ch. 360, Sec. 5, 69 Stat. 322, as amended Sept. 22,
1959, Pub. L. 86-365, Sec. 1, 73 Stat. 646; Oct. 9, 1962, Pub. L.
87-761, Sec. 1, 76 Stat. 760, prior to the general amendment by
Pub. L. 88-206.
AMENDMENTS
1990 - Subsec. (a)(1)(A), (B). Pub. L. 101-549, Sec. 802(a),
amended subpars. (A) and (B) generally. Prior to amendment,
subpars. (A) and (B) read as follows:
"(A) The Administrator may make grants to air pollution control
agencies in an amount up to two-thirds of the cost of planning,
developing, establishing, or improving, and up to one-half of the
cost of maintaining, programs for the prevention and control of air
pollution or implementation of national primary and secondry [sic]
ambient air quality standards.
"(B) Subject to subparagraph (C), the Administrator may make
grants to air pollution control agencies within the meaning of
paragraph (1), (2), or (4) of section 7602(b) of this title in an
amount up to three-fourths of the cost of planning, developing,
establishing, or improving, and up to three-fifths of the cost of
maintaining, any program for the prevention and control of air
pollution or implementation of national primary and secondary
ambient air quality standards in an area that includes two or more
municipalities, whether in the same or different States."
Subsec. (a)(1)(C). Pub. L. 101-549, Sec. 802(b), substituted
"subparagraph (A)" for "subparagraph (B)".
Subsec. (b)(1). Pub. L. 101-549, Sec. 802(c), designated existing
provisions of subsec. (b) as par. (1), redesignated former cls. (1)
to (3) as cls. (A) to (C), respectively, and struck out at end "No
agency shall receive any grant under this section during any fiscal
year when its expenditures of non-Federal funds for other than
nonrecurrent expenditures for air pollution control programs will
be less than its expenditures were for such programs during the
preceding fiscal year, unless the Administrator, after notice and
opportunity for public hearing, determines that a reduction in
expenditures is attributable to a nonselective reduction in
expenditures in the programs of all executive branch agencies of
the applicable unit of Government; and no agency shall receive any
grant under this section with respect to the maintenance of a
program for the prevention and control of air pollution unless the
Administrator is satisfied that such grant will be so used to
supplement and, to the extent practicable, increase the level of
State, local, or other non-Federal funds that would in the absence
of such grant be made available for the maintenance of such
program, and will in no event supplant such State, local, or other
non-Federal funds. No grant shall be made under this section until
the Administrator has consulted with the appropriate official as
designated by the Governor or Governors of the State or States
affected."
Subsec. (b)(2). Pub. L. 101-549, Sec. 802(d), redesignated
subsec. (c) as subsec. (b)(2) and substituted "Subject to the
provisions of paragraph (1) of this subsection, no State shall have
made available to it for application less than one-half of 1 per
centum of the annual appropriation for grants under this section
for grants to agencies within such State." for "In fiscal year 1978
and subsequent fiscal years, subject to the provisions of
subsection (b) of this section, no State shall receive less than
one-half of 1 per centum of the annual appropriation for grants
under this section for grants to agencies within such State."
Subsec. (c). Pub. L. 101-549, Sec. 802(e), added subsec. (c).
Former subsec. (c) redesignated (b)(2).
1977 - Subsec. (b). Pub. L. 95-95, Sec. 102(a), inserted ",
unless the Administrator, after notice and opportunity for hearing,
determines that a reduction in expenditures is attributable to a
nonselective reduction in expenditures in the programs of all
executive branch agencies of the applicable unit of Government"
after "will be less than its expenditures were for such programs
during the preceding fiscal year".
Subsec. (c). Pub. L. 95-95, Sec. 102(b), provided that in fiscal
year 1978 and subsequent fiscal years, subject to provisions of
subsec. (b) of this section, no State shall receive less than one-
half of 1 per centum of the annual appropriation for grants under
this section for grants to agencies within such State.
Subsec. (e). Pub. L. 95-95, Sec. 305(b), added subsec. (e).
1970 - Subsec. (a)(1). Pub. L. 91-604, Sec. 3(a), substituted
provisions authorizing the Administrator to make grants, for
provisions authorizing the Secretary to make grants, and provisions
authorizing grants for programs implementing national primary and
secondary ambient air quality standards, for provisions authorizing
grants for programs implementing air quality standards authorized
by this subchapter, and inserted the provision requiring grants to
air pollution control agencies be made to agencies having
substantial responsibilities for carrying out the applicable
implementation plan with respect to the air quality control region
or portion thereof.
Subsecs. (a)(2), (3), (b), (c). Pub. L. 91-604, Sec. 15(c)(2),
substituted "Administrator" for "Secretary" wherever appearing.
Subsec. (d). Pub. L. 91-604, Sec. 3(b)(1), added subsec. (d).
1967 - Subsec. (a). Pub. L. 90-148 designated existing provisions
as par. (1), substituted "regional air quality control program" for
"regional air pollution control program," added planning to list of
authorized activities, and added programs for implementation of air
quality standards authorized by this chapter to list of authorized
programs, and added pars. (2) and (3).
Subsec. (b). Pub. L. 90-148 made minor changes in the order of
provisions.
Subsec. (c). Pub. L. 90-148 reduced percentage limitation on
portion of total funds which might be granted for air pollution
control programs in any one State from 12 1/2 per centum to 10 per
centum.
1966 - Subsec. (a). Pub. L. 89-675, Sec. 3(a)(1), struck out
provisions limiting available funds to 20 per centum of sums
appropriated annually for purpose of this subchapter, inserted
provisions allowing grants to air pollution control agencies up to
one-half of cost of maintaining programs for prevention and control
of air pollution, and authorized Secretary to make grants of up to
three-fifths of cost of maintaining regional air pollution control
programs.
Subsec. (b). Pub. L. 89-675, Sec. 3(a)(2), substituted "for the
purpose of" for "under", permitted grantees to reduce annual
expenditures to the extent that nonrecurrent costs are involved for
purposes of application of the provision that no agency may receive
grants during any fiscal year when its expenditures of non-Federal
funds for air pollution control programs are less than its
expenditures for such programs during the preceding year, and
inserted provisions insuring that Federal funds will in no event be
used to supplant State or local government funds in maintaining air
pollution control programs.
Subsec. (c). Pub. L. 89-675, Sec. 3(b), substituted "total of
funds appropriated or allocated for the purposes of subsection (a)
of this section shall be granted for air pollution control
programs" for "grant funds available under subsection (a) of this
section shall be expended" and authorized the Secretary to
determine the portion of grants to interstate agencies to be
charged against the twelve and one-half percent limitation of grant
funds to any one State.
1965 - Subsec. (a). Pub. L. 89-272 substituted "this title" for
"this Act", which for purposes of codification has been changed to
"this subchapter", and "section 302(b)(2) and (4)" for "section
9(b)(2) and (4)", which for purposes of codification has been
changed to "section 7602(b)(2) and (4) of this title".
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.
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.
(!1) So in original. Probably should be paragraph "(1)".