Notes on 42 U.S.C. § 7407 : US Code - Notes

Search Notes on 42 U.S.C. § 7407 : US Code - Notes

(July 14, 1955, ch. 360, title I, Sec. 107, as added Pub. L. 91-
604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1678; amended Pub. L. 95-
95, title I, Sec. 103, Aug. 7, 1977, 91 Stat. 687; Pub. L. 101-
549, title I, Sec. 101(a), Nov. 15, 1990, 104 Stat. 2399; Pub. L.
108-199, div. G, title IV, Sec. 425(a), Jan. 23, 2004, 118 Stat.
417.)
REFERENCES IN TEXT
Section 7413 of this title, referred to in subsec. (e)(3), was
amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,
1990, 104 Stat. 2672, and, as so amended, subsec. (d) of section
7413 no longer relates to final compliance orders.
CODIFICATION
Section was formerly classified to section 1857c-2 of this title.
PRIOR PROVISIONS
A prior section 107 of act July 14, 1955, as added Nov. 21, 1967,
Pub. L. 90-148, Sec. 2, 81 Stat. 490, related to air quality
control regions and was classified to section 1857c-2 of this
title, prior to repeal by Pub. L. 91-604.
Another prior section 107 of act July 14, 1955, as added Dec. 17,
1963, Pub. L. 88-206, Sec. 1, 77 Stat. 399, was renumbered section
111 by Pub. L. 90-148 and is classified to section 7411 of this
title.
AMENDMENTS
2004 - Subsec. (d)(6), (7). Pub. L. 108-199 added pars. (6) and
(7).
1990 - Subsec. (d). Pub. L. 101-549 amended subsec. (d)
generally, substituting present provisions for provisions which
required States to submit lists of regions not in compliance on
Aug. 7, 1977, with certain air quality standards to be submitted to
the Administrator, and which authorized States to revise and
resubmit such lists from time to time.
1977 - Subsecs. (d), (e). Pub. L. 95-95 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.
OZONE AND PARTICULATE MATTER STANDARDS
Pub. L. 108-199, div. G, title IV, Sec. 425(b), Jan. 23, 2004,
118 Stat. 417, provided that: "Except as provided in paragraphs (6)
and (7) of section 107(d) of the Clean Air Act [subsec. (d)(6), (7)
of this section] (as added by subsection (a)), section 6101,
subsections (a) and (b) of section 6102, and section 6103 of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178]
(42 U.S.C. 7407 note; 112 Stat. 463), as in effect on the day
before the date of enactment of this Act [Jan. 23, 2004], shall
remain in effect."
Pub. L. 105-178, title VI, June 9, 1998, 112 Stat. 463, as
amended by Pub. L. 109-59, title VI, Sec. 6012(a), Aug. 10, 2005,
119 Stat. 1882, provided that:
"SEC. 6101. FINDINGS AND PURPOSE.
"(a) The Congress finds that -
"(1) there is a lack of air quality monitoring data for fine
particle levels, measured as PM2.5, in the United States and
the States should receive full funding for the monitoring
efforts;
"(2) such data would provide a basis for designating areas as
attainment or nonattainment for any PM2.5 national ambient air
quality standards pursuant to the standards promulgated in July
1997;
"(3) the President of the United States directed the
Administrator of the Environmental Protection Agency (referred to
in this title as the 'Administrator') in a memorandum dated July
16, 1997, to complete the next periodic review of the particulate
matter national ambient air quality standards by July 2002 in
order to determine 'whether to revise or maintain the standards';
"(4) the Administrator has stated that 3 years of air quality
monitoring data for fine particle levels, measured as PM2.5
and performed in accordance with any applicable Federal reference
methods, is appropriate for designating areas as attainment or
nonattainment pursuant to the July 1997 promulgated standards;
and
"(5) the Administrator has acknowledged that in drawing
boundaries for attainment and nonattainment areas for the July
1997 ozone national air quality standards, Governors would
benefit from considering implementation guidance from EPA on
drawing area boundaries.
"(b) The purposes of this title are -
"(1) to ensure that 3 years of air quality monitoring data
regarding fine particle levels are gathered for use in the
determination of area attainment or nonattainment designations
respecting any PM2.5 national ambient air quality standards;
"(2) to ensure that the Governors have adequate time to
consider implementation guidance from EPA on drawing area
boundaries prior to submitting area designations respecting the
July 1997 ozone national ambient air quality standards;
"(3) to ensure that the schedule for implementation of the July
1997 revisions of the ambient air quality standards for
particulate matter and the schedule for the Environmental
Protection Agency's visibility regulations related to regional
haze are consistent with the timetable for implementation of such
particulate matter standards as set forth in the President's
Implementation Memorandum dated July 16, 1997.
"SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM.
"(a) Through grants under section 103 of the Clean Air Act [42
U.S.C. 7403] the Administrator of the Environmental Protection
Agency shall use appropriated funds no later than fiscal year 2000
to fund 100 percent of the cost of the establishment, purchase,
operation and maintenance of a PM2.5 monitoring network
necessary to implement the national ambient air quality standards
for PM2.5 under section 109 of the Clean Air Act [42 U.S.C.
7409]. This implementation shall not result in a diversion or
reprogramming of funds from other Federal, State or local Clean Air
Act activities. Any funds previously diverted or reprogrammed from
section 105 Clean Air Act [42 U.S.C. 7405] grants for PM2.5
monitors must be restored to State or local air programs in fiscal
year 1999.
"(b) EPA and the States, consistent with their respective
authorities under the Clean Air Act [42 U.S.C. 7401 et seq.], shall
ensure that the national network (designated in subsection (a))
which consists of the PM2.5 monitors necessary to implement the
national ambient air quality standards is established by December
31, 1999.
"(c)(1) The Governors shall be required to submit designations
referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C.
7407(d)(1)] for each area following promulgation of the July 1997
PM2.5 national ambient air quality standard within 1 year after
receipt of 3 years of air quality monitoring data performed in
accordance with any applicable Federal reference methods for the
relevant areas. Only data from the monitoring network designated in
subsection (a) and other Federal reference method PM2.5 monitors
shall be considered for such designations. Nothing in the previous
sentence shall be construed as affecting the Governor's authority
to designate an area initially as nonattainment, and the
Administrator's authority to promulgate the designation of an area
as nonattainment, under section 107(d)(1) of the Clean Air Act,
based on its contribution to ambient air quality in a nearby
nonattainment area.
"(2) For any area designated as nonattainment for the July 1997
PM2.5 national ambient air quality standard in accordance with
the schedule set forth in this section, notwithstanding the time
limit prescribed in paragraph (2) of section 169B(e) of the Clean
Air Act [42 U.S.C. 7492(e)(2)], the Administrator shall require
State implementation plan revisions referred to in such paragraph
(2) to be submitted at the same time as State implementation plan
revisions referred to in section 172 of the Clean Air Act [42
U.S.C. 7502] implementing the revised national ambient air quality
standard for fine particulate matter are required to be submitted.
For any area designated as attainment or unclassifiable for such
standard, the Administrator shall require the State implementation
plan revisions referred to in such paragraph (2) to be submitted 1
year after the area has been so designated. The preceding
provisions of this paragraph shall not preclude the implementation
of the agreements and recommendations set forth in the Grand Canyon
Visibility Transport Commission Report dated June 1996.
"(d) The Administrator shall promulgate the designations referred
to in section 107(d)(1) of the Clean Air Act [42 U.S.C. 7407(d)(1)]
for each area following promulgation of the July 1997 PM2.5
national ambient air quality standard by the earlier of 1 year
after the initial designations required under subsection (c)(1) are
required to be submitted or December 31, 2005.
"(e) Field Study. - Not later than 2 years after the date of
enactment of the SAFETEA-LU [Aug. 10, 2005], the Administrator
shall -
"(1) conduct a field study of the ability of the PM2.5
Federal Reference Method to differentiate those particles that
are larger than 2.5 micrometers in diameter;
"(2) develop a Federal reference method to measure directly
particles that are larger than 2.5 micrometers in diameter
without reliance on subtracting from coarse particle measurements
those particles that are equal to or smaller than 2.5 micrometers
in diameter;
"(3) develop a method of measuring the composition of coarse
particles; and
"(4) submit a report on the study and responsibilities of the
Administrator under paragraphs (1) through (3) to -
"(A) the Committee on Energy and Commerce of the House of
Representatives; and
"(B) the Committee on Environment and Public Works of the
Senate.
"SEC. 6103. OZONE DESIGNATION REQUIREMENTS.
"(a) The Governors shall be required to submit the designations
referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C.
7407(d)(1)] within 2 years following the promulgation of the July
1997 ozone national ambient air quality standards.
"(b) The Administrator shall promulgate final designations no
later than 1 year after the designations required under subsection
(a) are required to be submitted.
"SEC. 6104. ADDITIONAL PROVISIONS.
"Nothing in sections 6101 through 6103 shall be construed by the
Administrator of Environmental Protection Agency or any court,
State, or person to affect any pending litigation or to be a
ratification of the ozone or PM2.5 standards."
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings 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 act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment 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) See References in Text note below.