42 U.S.C. § 7408 : US Code - Section 7408: Air quality criteria and control techniques

Search 42 U.S.C. § 7408 : US Code - Section 7408: Air quality criteria and control techniques

(a) Air pollutant list; publication and revision by Administrator;
issuance of air quality criteria for air pollutants
(1) For the purpose of establishing national primary and
secondary ambient air quality standards, the Administrator shall
within 30 days after December 31, 1970, publish, and shall from
time to time thereafter revise, a list which includes each air
pollutant -
(A) emissions of which, in his judgment, cause or contribute to
air pollution which may reasonably be anticipated to endanger
public health or welfare;
(B) the presence of which in the ambient air results from
numerous or diverse mobile or stationary sources; and
(C) for which air quality criteria had not been issued before
December 31, 1970 but for which he plans to issue air quality
criteria under this section.
(2) The Administrator shall issue air quality criteria for an air
pollutant within 12 months after he has included such pollutant in
a list under paragraph (1). Air quality criteria for an air
pollutant shall accurately reflect the latest scientific knowledge
useful in indicating the kind and extent of all identifiable
effects on public health or welfare which may be expected from the
presence of such pollutant in the ambient air, in varying
quantities. The criteria for an air pollutant, to the extent
practicable, shall include information on -
(A) those variable factors (including atmospheric conditions)
which of themselves or in combination with other factors may
alter the effects on public health or welfare of such air
pollutant;
(B) the types of air pollutants which, when present in the
atmosphere, may interact with such pollutant to produce an
adverse effect on public health or welfare; and
(C) any known or anticipated adverse effects on welfare.
(b) Issuance by Administrator of information on air pollution
control techniques; standing consulting committees for air
pollutants; establishment; membership
(1) Simultaneously with the issuance of criteria under subsection
(a) of this section, the Administrator shall, after consultation
with appropriate advisory committees and Federal departments and
agencies, issue to the States and appropriate air pollution control
agencies information on air pollution control techniques, which
information shall include data relating to the cost of installation
and operation, energy requirements, emission reduction benefits,
and environmental impact of the emission control technology. Such
information shall include such data as are available on available
technology and alternative methods of prevention and control of air
pollution. Such information shall also include data on alternative
fuels, processes, and operating methods which will result in
elimination or significant reduction of emissions.
(2) In order to assist in the development of information on
pollution control techniques, the Administrator may establish a
standing consulting committee for each air pollutant included in a
list published pursuant to subsection (a)(1) of this section, which
shall be comprised of technically qualified individuals
representative of State and local governments, industry, and the
academic community. Each such committee shall submit, as
appropriate, to the Administrator information related to that
required by paragraph (1).
(c) Review, modification, and reissuance of criteria or information
The Administrator shall from time to time review, and, as
appropriate, modify, and reissue any criteria or information on
control techniques issued pursuant to this section. Not later than
six months after August 7, 1977, the Administrator shall revise and
reissue criteria relating to concentrations of NO2 over
such period (not more than three hours) as he deems appropriate.
Such criteria shall include a discussion of nitric and nitrous
acids, nitrites, nitrates, nitrosamines, and other carcinogenic and
potentially carcinogenic derivatives of oxides of nitrogen.
(d) Publication in Federal Register; availability of copies for
general public
The issuance of air quality criteria and information on air
pollution control techniques shall be announced in the Federal
Register and copies shall be made available to the general public.
(e) Transportation planning and guidelines
The Administrator shall, after consultation with the Secretary of
Transportation, and after providing public notice and opportunity
for comment, and with State and local officials, within nine months
after November 15, 1990,(!1) and periodically thereafter as
necessary to maintain a continuous transportation-air quality
planning process, update the June 1978 Transportation-Air Quality
Planning Guidelines and publish guidance on the development and
implementation of transportation and other measures necessary to
demonstrate and maintain attainment of national ambient air quality
standards. Such guidelines shall include information on -
(1) methods to identify and evaluate alternative planning and
control activities;
(2) methods of reviewing plans on a regular basis as conditions
change or new information is presented;
(3) identification of funds and other resources necessary to
implement the plan, including interagency agreements on providing
such funds and resources;
(4) methods to assure participation by the public in all phases
of the planning process; and
(5) such other methods as the Administrator determines
necessary to carry out a continuous planning process.
(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
(1) The Administrator shall publish and make available to
appropriate Federal, State, and local environmental and
transportation agencies not later than one year after November 15,
1990, and from time to time thereafter -
(A) information prepared, as appropriate, in consultation with
the Secretary of Transportation, and after providing public
notice and opportunity for comment, regarding the formulation and
emission reduction potential of transportation control measures
related to criteria pollutants and their precursors, including,
but not limited to -
(i) programs for improved public transit;
(ii) restriction of certain roads or lanes to, or
construction of such roads or lanes for use by, passenger buses
or high occupancy vehicles;
(iii) employer-based transportation management plans,
including incentives;
(iv) trip-reduction ordinances;
(v) traffic flow improvement programs that achieve emission
reductions;
(vi) fringe and transportation corridor parking facilities
serving multiple occupancy vehicle programs or transit service;
(vii) programs to limit or restrict vehicle use in downtown
areas or other areas of emission concentration particularly
during periods of peak use;
(viii) programs for the provision of all forms of high-
occupancy, shared-ride services;
(ix) programs to limit portions of road surfaces or certain
sections of the metropolitan area to the use of non-motorized
vehicles or pedestrian use, both as to time and place;
(x) programs for secure bicycle storage facilities and other
facilities, including bicycle lanes, for the convenience and
protection of bicyclists, in both public and private areas;
(xi) programs to control extended idling of vehicles;
(xii) programs to reduce motor vehicle emissions, consistent
with subchapter II of this chapter, which are caused by extreme
cold start conditions;
(xiii) employer-sponsored programs to permit flexible work
schedules;
(xiv) programs and ordinances to facilitate non-automobile
travel, provision and utilization of mass transit, and to
generally reduce the need for single-occupant vehicle travel,
as part of transportation planning and development efforts of a
locality, including programs and ordinances applicable to new
shopping centers, special events, and other centers of vehicle
activity;
(xv) programs for new construction and major reconstructions
of paths, tracks or areas solely for the use by pedestrian or
other non-motorized means of transportation when economically
feasible and in the public interest. For purposes of this
clause, the Administrator shall also consult with the Secretary
of the Interior; and
(xvi) program to encourage the voluntary removal from use and
the marketplace of pre-1980 model year light duty vehicles and
pre-1980 model light duty trucks.(!2)
(B) information on additional methods or strategies that will
contribute to the reduction of mobile source related pollutants
during periods in which any primary ambient air quality standard
will be exceeded and during episodes for which an air pollution
alert, warning, or emergency has been declared;
(C) information on other measures which may be employed to
reduce the impact on public health or protect the health of
sensitive or susceptible individuals or groups; and
(D) information on the extent to which any process, procedure,
or method to reduce or control such air pollutant may cause an
increase in the emissions or formation of any other pollutant.
(2) In publishing such information the Administrator shall also
include an assessment of -
(A) the relative effectiveness of such processes, procedures,
and methods;
(B) the potential effect of such processes, procedures, and
methods on transportation systems and the provision of
transportation services; and
(C) the environmental, energy, and economic impact of such
processes, procedures, and methods.
(g) Assessment of risks to ecosystems
The Administrator may assess the risks to ecosystems from
exposure to criteria air pollutants (as identified by the
Administrator in the Administrator's sole discretion).
(h) RACT/BACT/LAER clearinghouse
The Administrator shall make information regarding emission
control technology available to the States and to the general
public through a central database. Such information shall include
all control technology information received pursuant to State plan
provisions requiring permits for sources, including operating
permits for existing sources.