Notes on 42 U.S.C. § 7410 : US Code - Notes

Search Notes on 42 U.S.C. § 7410 : US Code - Notes

(July 14, 1955, ch. 360, title I, Sec. 110, as added Pub. L. 91-
604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1680; amended Pub. L. 93-
319, Sec. 4, June 22, 1974, 88 Stat. 256; Pub. L. 95-95, title I,
Secs. 107, 108, Aug. 7, 1977, 91 Stat. 691, 693; Pub. L. 95-190,
Sec. 14(a)(1)-(6), Nov. 16, 1977, 91 Stat. 1399; Pub. L. 97-23,
Sec. 3, July 17, 1981, 95 Stat. 142; Pub. L. 101-549, title I,
Secs. 101(b)-(d), 102(h), 107(c), 108(d), title IV, Sec. 412, Nov.
15, 1990, 104 Stat. 2404-2408, 2422, 2464, 2466, 2634.)
REFERENCES IN TEXT
The Energy Supply and Environmental Coordination Act of 1974,
referred to in subsec. (a)(3)(B), is Pub. L. 93-319, June 22, 1974,
88 Stat. 246, as amended, which is classified principally to
chapter 16C (Sec. 791 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title
note set out under section 791 of Title 15 and Tables.
Section 7413 of this title, referred to in subsecs. (a)(3)(C),
(6), (f)(5), (g)(3), and (i), was amended generally by Pub. L. 101-
549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and, as
so amended, subsecs. (d) and (e) of section 7413 no longer relates
to final compliance orders and steel industry compliance extension,
respectively.
Section 1857c-10 of this title, as in effect before August 7,
1977, referred to in subsecs. (f)(5) and (g)(3), was in the
original "section 119, as in effect before the date of the
enactment of this paragraph", meaning section 119 of act July 14,
1955, ch. 360, title I, as added June 22, 1974, Pub. L. 93-319,
Sec. 3, 88 Stat. 248, (which was classified to section 1857c-10 of
this title) as in effect prior to the enactment of subsecs. (f)(5)
and (g)(3) of this section by Pub. L. 95-95, Sec. 107, Aug. 7,
1977, 91 Stat. 691, effective Aug. 7, 1977. Section 112(b)(1) of
Pub. L. 95-95 repealed section 119 of act July 14, 1955, ch. 360,
title I, as added by Pub. L. 93-319, and provided that all
references to such section 119 in any subsequent enactment which
supersedes Pub. L. 93-319 shall be construed to refer to section
113(d) of the Clean Air Act and to paragraph (5) thereof in
particular which is classified to section 7413(d)(5) of this title.
Section 7413 of this title was subsequently amended generally by
Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat.
2672, see note above. Section 117(b) of Pub. L. 95-95 added a new
section 119 of act July 14, 1955, which is classified to section
7419 of this title.
CODIFICATION
Section was formerly classified to section 1857c-5 of this title.
PRIOR PROVISIONS
A prior section 110 of act July 14, 1955, was renumbered section
117 by Pub. L. 91-604 and is classified to section 7417 of this
title.
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 101(d)(8),
substituted "3 years (or such shorter period as the Administrator
may prescribe)" for "nine months" in two places.
Subsec. (a)(2). Pub. L. 101-549, Sec. 101(b), amended par. (2)
generally, substituting present provisions for provisions setting
the time within which the Administrator was to approve or
disapprove a plan or portion thereof and listing the conditions
under which the plan or portion thereof was to be approved after
reasonable notice and hearing.
Subsec. (a)(3)(A). Pub. L. 101-549, Sec. 101(d)(1), struck out
subpar. (A) which directed Administrator to approve any revision of
an implementation plan if it met certain requirements and had been
adopted by the State after reasonable notice and public hearings.
Subsec. (a)(3)(D). Pub. L. 101-549, Sec. 101(d)(1), struck out
subpar. (D) which directed that certain implementation plans be
revised to include comprehensive measures and requirements.
Subsec. (a)(4). Pub. L. 101-549, Sec. 101(d)(2), struck out par.
(4) which set forth requirements for review procedure.
Subsec. (c)(1). Pub. L. 101-549, Sec. 102(h), amended par. (1)
generally, substituting present provisions for provisions relating
to preparation and publication of regulations setting forth an
implementation plan, after opportunity for a hearing, upon failure
of a State to make required submission or revision.
Subsec. (c)(2)(A). Pub. L. 101-549, Sec. 101(d)(3)(A), struck out
subpar. (A) which required a study and report on necessity of
parking surcharge, management of parking supply, and preferential
bus/carpool lane regulations to achieve and maintain national
primary ambient air quality standards.
Subsec. (c)(2)(C). Pub. L. 101-549, Sec. 101(d)(3)(B), struck out
subpar. (C) which authorized suspension of certain regulations and
requirements relating to management of parking supply.
Subsec. (c)(4). Pub. L. 101-549, Sec. 101(d)(3)(C), struck out
par. (4) which permitted Governors to temporarily suspend measures
in implementation plans relating to retrofits, gas rationing, and
reduction of on-street parking.
Subsec. (c)(5)(B). Pub. L. 101-549, Sec. 101(d)(3)(D), struck out
"(including the written evidence required by part D)," after
"include comprehensive measures".
Subsec. (d). Pub. L. 101-549, Sec. 101(d)(4), struck out subsec.
(d) which defined an applicable implementation plan for purposes of
this chapter.
Subsec. (e). Pub. L. 101-549, Sec. 101(d)(5), struck out subsec.
(e) which permitted an extension of time for attainment of a
national primary ambient air quality standard.
Subsec. (f)(1). Pub. L. 101-549, Sec. 412, inserted "or of any
requirement under section 7651j of this title (concerning excess
emissions penalties or offsets)" in subpar. (A) and in last
sentence.
Subsec. (g)(1). Pub. L. 101-549, Sec. 101(d)(6), substituted "12
months of submission of the proposed plan revision" for "the
required four month period" in closing provisions.
Subsec. (h)(1). Pub. L. 101-549, Sec. 101(d)(7), substituted "5
years after November 15, 1990, and every three years thereafter"
for "one year after August 7, 1977, and annually thereafter" and
struck out at end "Each such document shall be revised as
frequently as practicable but not less often than annually."
Subsecs. (k) to (n). Pub. L. 101-549, Sec. 101(c), added subsecs.
(k) to (n).
Subsec. (o). Pub. L. 101-549, Sec. 107(c), added subsec. (o).
Subsec. (p). Pub. L. 101-549, Sec. 108(d), added subsec. (p).
1981 - Subsec. (a)(3)(C). Pub. L. 97-23 inserted reference to
extensions of compliance in decrees entered under section 7413(e)
of this title (relating to iron- and steel-producing operations).
1977 - Subsec. (a)(2)(A). Pub. L. 95-95, Sec. 108(a)(1),
substituted "(A) except as may be provided in subparagraph (I)(i)
in the case of a plan" for "(A)(i) in the case of a plan".
Subsec. (a)(2)(B). Pub. L. 95-95, Sec. 108(a)(2), substituted
"transportation controls, air quality maintenance plans, and
preconstruction review of direct sources of air pollution as
provided in subparagraph (D)" for "land use and transportation
controls".
Subsec. (a)(2)(D). Pub. L. 95-95, Sec. 108(a)(3), substituted "it
includes a program to provide for the enforcement of emission
limitations and regulation of the modification, construction, and
operation of any stationary source, including a permit program as
required in parts C and D and a permit or equivalent program for
any major emitting facility, within such region as necessary to
assure (i) that national ambient air quality standards are achieved
and maintained, and (ii) a procedure" for "it includes a
procedure".
Subsec. (a)(2)(E). Pub. L. 95-95, Sec. 108(a)(4), substituted "it
contains adequate provisions (i) prohibiting any stationary source
within the State from emitting any air pollutant in amounts which
will (I) prevent attainment or maintenance by any other State of
any such national primary or secondary ambient air quality
standard, or (II) interfere with measures required to be included
in the applicable implementation plan for any other State under
part C to prevent significant deterioration of air quality or to
protect visibility, and (ii) insuring compliance with the
requirements of section 7426 of this title, relating to interstate
pollution abatement" for "it contains adequate provisions for
intergovernmental cooperation, including measures necessary to
insure that emissions of air pollutants from sources located in any
air quality control region will not interfere with the attainment
or maintenance of such primary or secondary standard in any portion
of such region outside of such State or in any other air quality
control region".
Subsec. (a)(2)(F). Pub. L. 95-95, Sec. 108(a)(5), added cl. (vi).
Subsec. (a)(2)(H). Pub. L. 95-190, Sec. 14(a)(1), substituted
"1977;" for "1977".
Pub. L. 95-95, Sec. 108(a)(6), inserted "except as provided in
paragraph (3)(C)," after "or (ii)" and "or to otherwise comply with
any additional requirements established under the Clean Air Act
Amendments of 1977" after "to achieve the national ambient air
quality primary or secondary standard which it implements".
Subsec. (a)(2)(I). Pub. L. 95-95, Sec. 108(b), added subpar. (I).
Subsec. (a)(2)(J). Pub. L. 95-190, Sec. 14(a)(2), substituted ";
and" for ", and".
Pub. L. 95-95, Sec. 108(b), added subpar. (J).
Subsec. (a)(2)(K). Pub. L. 95-95, Sec. 108(b) added subpar. (K).
Subsec. (a)(3)(C). Pub. L. 95-95, Sec. 108(c), added subpar. (C).
Subsec. (a)(3)(D). Pub. L. 95-190, Sec. 14(a)(4), added subpar.
(D).
Subsec. (a)(5). Pub. L. 95-95, Sec. 108(e), added par. (5).
Subsec. (a)(5)(D). Pub. L. 95-190, Sec. 14(a)(3), struck out
"preconstruction or premodification" before "review".
Subsec. (a)(6). Pub. L. 95-95, Sec. 108(e), added par. (6).
Subsec. (c)(1). Pub. L. 95-95, Sec. 108(d)(1), (2), substituted
"plan which meets the requirements of this section" for "plan for
any national ambient air quality primary or secondary standard
within the time prescribed" in subpar. (A) and, in provisions
following subpar. (C), directed that any portion of a plan relating
to any measure described in first sentence of 7421 of this title
(relating to consultation) or the consultation process required
under such section 7421 of this title not be required to be
promulgated before the date eight months after such date required
for submission.
Subsec. (c)(3) to (5). Pub. L. 95-95, Sec. 108(d)(3), added pars.
(3) to (5).
Subsec. (d). Pub. L. 95-95, Sec. 108(f), substituted "and which
implements the requirements of this section" for "and which
implements a national primary or secondary ambient air quality
standard in a State".
Subsec. (f). Pub. L. 95-95, Sec. 107(a), substituted provisions
relating to the handling of national or regional energy emergencies
for provisions relating to the postponement of compliance by
stationary sources or classes of moving sources with any
requirement of applicable implementation plans.
Subsec. (g). Pub. L. 95-95, Sec. 108(g), added subsec. (g)
relating to publication of comprehensive document.
Pub. L. 95-95, Sec. 107(b), added subsec. (g) relating to
Governor's authority to issue temporary emergency suspensions.
Subsec. (h). Pub. L. 95-190, Sec. 14(a)(5), redesignated subsec.
(g), added by Pub. L. 95-95, Sec. 108(g), as (h). Former subsec.
(h) redesignated (i).
Subsec. (i). Pub. L. 95-190, Sec. 14(a)(5), redesignated subsec.
(h), added by Pub. L. 95-95, Sec. 108(g), as (i). Former subsec.
(i) redesignated (j) and amended.
Subsec. (j). Pub. L. 95-190 Sec. 14(a)(5), (6), redesignated
subsec. (i), added by Pub. L. 95-95, Sec. 108(g), as (j) and in
subsec. (j) as so redesignated, substituted "will enable such
source" for "at such source will enable it".
1974 - Subsec. (a)(3). Pub. L. 93-319, Sec. 4(a), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (c). Pub. L. 93-319, Sec. 4(b), designated existing
provisions as par. (1) and existing pars. (1), (2), and (3) as
subpars. (A), (B), and (C), respectively, of such redesignated par.
(1), and added par. (2).
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.
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.
MODIFICATION OR RESCISSION OF IMPLEMENTATION PLANS APPROVED AND IN
EFFECT PRIOR TO AUG. 7, 1977
Nothing in the Clean Air Act Amendments of 1977 [Pub. L. 95-95]
to affect any requirement of an approved implementation plan under
this section or any other provision in effect under this chapter
before Aug. 7, 1977, until modified or rescinded in accordance with
this chapter as amended by the Clean Air Act Amendments of 1977,
see section 406(c) of Pub. L. 95-95, set out as an Effective Date
of 1977 Amendment note under section 7401 of this title.
SAVINGS PROVISION
Section 16 of Pub. L. 91-604 provided that:
"(a)(1) Any implementation plan adopted by any State and
submitted to the Secretary of Health, Education, and Welfare, or to
the Administrator pursuant to the Clean Air Act [this chapter]
prior to enactment of this Act [Dec. 31, 1970] may be approved
under section 110 of the Clean Air Act [this section] (as amended
by this Act) [Pub. L. 91-604] and shall remain in effect, unless
the Administrator determines that such implementation plan, or any
portion thereof, is not consistent with applicable requirements of
the Clean Air Act [this chapter] (as amended by this Act) and will
not provide for the attainment of national primary ambient air
quality standards in the time required by such Act. If the
Administrator so determines, he shall, within 90 days after
promulgation of any national ambient air quality standards pursuant
to section 109(a) of the Clean Air Act [section 7409(a) of this
title], notify the State and specify in what respects changes are
needed to meet the additional requirements of such Act, including
requirements to implement national secondary ambient air quality
standards. If such changes are not adopted by the State after
public hearings and within six months after such notification, the
Administrator shall promulgate such changes pursuant to section
110(c) of such Act [subsec. (c) of this section].
"(2) The amendments made by section 4(b) [amending sections 7403
and 7415 of this title] shall not be construed as repealing or
modifying the powers of the Administrator with respect to any
conference convened under section 108(d) of the Clean Air Act
[section 7415 of this title] before the date of enactment of this
Act [Dec. 31, 1970].
"(b) Regulations or standards issued under this title II of the
Clean Air Act [subchapter II of this chapter] prior to the
enactment of this Act [Dec. 31, 1970] shall continue in effect
until revised by the Administrator consistent with the purposes of
such Act [this chapter]."
FEDERAL ENERGY ADMINISTRATOR
"Federal Energy Administrator", for purposes of this chapter, to
mean Administrator of Federal Energy Administration established by
Pub. L. 93-275, May 7, 1974, 88 Stat. 97, which is classified to
section 761 et seq. of Title 15, Commerce and Trade, but with the
term to mean any officer of the United States designated as such by
the President until Federal Energy Administrator takes office and
after Federal Energy Administration ceases to exist, see section
798 of Title 15, Commerce and Trade.
Federal Energy Administration terminated and functions vested by
law in Administrator thereof transferred to Secretary of Energy
(unless otherwise specifically provided) by sections 7151(a) and
7293 of this title.
(!1) See References in Text note below.
(!2) See References in Text note below.
(!3) So in original. Probably should be followed by a comma.