Notes on 42 U.S.C. § 7411 : US Code - Notes

Search Notes on 42 U.S.C. § 7411 : US Code - Notes

(July 14, 1955, ch. 360, title I, Sec. 111, as added Pub. L. 91-
604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1683; amended Pub. L. 92-
157, title III, Sec. 302(f), Nov. 18, 1971, 85 Stat. 464; Pub. L.
95-95, title I, Sec. 109(a)-(d)(1), (e), (f), title IV, Sec.
401(b), Aug. 7, 1977, 91 Stat. 697-703, 791; Pub. L. 95-190, Sec.
14(a)(7)-(9), Nov. 16, 1977, 91 Stat. 1399; Pub. L. 95-623, Sec.
13(a), Nov. 9, 1978, 92 Stat. 3457; Pub. L. 101-549, title I, Sec.
108(e)-(g), title III, Sec. 302(a), (b), title IV, Sec. 403(a),
Nov. 15, 1990, 104 Stat. 2467, 2574, 2631.)
REFERENCES IN TEXT
Such Act, referred to in subsec. (a)(8), means Pub. L. 93-319,
June 22, 1974, 88 Stat. 246, as amended, known as the Energy Supply
and Environmental Coordination Act of 1974, 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 subsec. (a)(8), 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.
Subsection (a)(1) of this section, referred to in subsec. (b)(6),
was amended generally by Pub. L. 101-549, title VII, Sec. 403(a),
Nov. 15, 1990, 104 Stat. 2631, and, as so amended, no longer
contains subpars.
CODIFICATION
Section was formerly classified to section 1857c-6 of this title.
PRIOR PROVISIONS
A prior section 111 of act July 14, 1955, was renumbered section
118 by Pub. L. 91-604 and is classified to section 7418 of this
title.
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 403(a), amended par.
(1) generally, substituting provisions defining "standard of
performance" with respect to any air pollutant for provisions
defining such term with respect to subsec. (b) fossil fuel fired
and other stationary sources and subsec. (d) particular sources.
Subsec. (a)(3). Pub. L. 101-549, Sec. 108(f), inserted at end
"Nothing in subchapter II of this chapter relating to nonroad
engines shall be construed to apply to stationary internal
combustion engines."
Subsec. (b)(1)(B). Pub. L. 101-549, Sec. 108(e)(1), substituted
"Within one year" for "Within 120 days", "within one year" for
"within 90 days", and "every 8 years" for "every four years",
inserted before last sentence "Notwithstanding the requirements of
the previous sentence, the Administrator need not review any such
standard if the Administrator determines that such review is not
appropriate in light of readily available information on the
efficacy of such standard.", and inserted at end "When
implementation and enforcement of any requirement of this chapter
indicate that emission limitations and percent reductions beyond
those required by the standards promulgated under this section are
achieved in practice, the Administrator shall, when revising
standards promulgated under this section, consider the emission
limitations and percent reductions achieved in practice."
Subsec. (d)(1)(A)(i). Pub. L. 101-549, Sec. 302(a), which
directed the substitution of "7412(b)" for "7412(b)(1)(A)", could
not be executed, because of the prior amendment by Pub. L. 101-549,
Sec. 108(g), see below.
Pub. L. 101-549, Sec. 108(g), substituted "or emitted from a
source category which is regulated under section 7412 of this
title" for "or 7412(b)(1)(A)".
Subsec. (f)(1). Pub. L. 101-549, Sec. 108(e)(2), amended par. (1)
generally, substituting present provisions for provisions requiring
the Administrator to promulgate regulations listing the categories
of major stationary sources not on the required list by Aug. 7,
1977, and regulations establishing standards of performance for
such categories.
Subsec. (g)(5) to (8). Pub. L. 101-549, Sec. 302(b), redesignated
par. (7) as (5) and struck out "or section 7412 of this title"
after "this section", redesignated par. (8) as (6), and struck out
former pars. (5) and (6) which read as follows:
"(5) Upon application by the Governor of a State showing that the
Administrator has failed to list any air pollutant which causes, or
contributes to, air pollution which may reasonably be anticipated
to result in an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness as a hazardous
air pollutant under section 7412 of this title the Administrator
shall revise the list of hazardous air pollutants under such
section to include such pollutant.
"(6) Upon application by the Governor of a State showing that any
category of stationary sources of a hazardous air pollutant listed
under section 7412 of this title is not subject to emission
standards under such section, the Administrator shall propose and
promulgate such emission standards applicable to such category of
sources."
1978 - Subsecs. (d)(1)(A)(ii), (g)(4)(B). Pub. L. 95-623, Sec.
13(a)(2), substituted "under this section" for "under subsection
(b) of this section".
Subsec. (h)(5). Pub. L. 95-623, Sec. 13(a)(1), added par. (5).
Subsec. (j). Pub. L. 95-623, Sec. 13(a)(3), substituted in pars.
(1)(A) and (2)(A) "standards under this section" and "under this
section" for "standards under subsection (b) of this section" and
"under subsection (b) of this section", respectively.
1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 109(c)(1)(A), added
subpars. (A), (B), and (C), substituted "For the purpose of
subparagraphs (A)(i) and (ii) and (B), a standard of performance
shall reflect" for "a standard for emissions of air pollutants
which reflects", "and the percentage reduction achievable" for
"achievable", and "technological system of continuous emission
reduction which (taking into consideration the cost of achieving
such emission reduction, and any nonair quality health and
environment impact and energy requirements)" for "system of
emission reduction which (taking into account the cost of achieving
such reduction)" in existing provisions, and inserted provision
that, for the purpose of subparagraph (1)(A)(ii), any cleaning of
the fuel or reduction in the pollution characteristics of the fuel
after extraction and prior to combustion may be credited, as
determined under regulations promulgated by the Administrator, to a
source which burns such fuel.
Subsec. (a)(7). Pub. L. 95-95, Sec. 109(c)(1)(B), added par. (7)
defining "technological system of continuous emission reduction".
Pub. L. 95-95, Sec. 109(f), added par. (7) directing that under
certain circumstances a conversion to coal not be deemed a
modification for purposes of pars. (2) and (4).
Subsec. (a)(7), (8). Pub. L. 95-190, Sec. 14(a)(7), redesignated
second par. (7) as (8).
Subsec. (b)(1)(A). Pub. L. 95-95, Sec. 401(b), substituted "such
list if in his judgment it causes, or contributes significantly to,
air pollution which may reasonably be anticipated to endanger" for
"such list if he determines it may contribute significantly to air
pollution which causes or contributes to the endangerment of".
Subsec. (b)(1)(B). Pub. L. 95-95, Sec. 109(c)(2), substituted
"shall, at least every four years, review and, if appropriate," for
"may, from time to time,".
Subsec. (b)(5), (6). Pub. L. 95-95, Sec. 109(c)(3), added pars.
(5) and (6).
Subsec. (c)(1). Pub. L. 95-95, Sec. 109(d)(1), struck out
"(except with respect to new sources owned or operated by the
United States)" after "implement and enforce such standards".
Subsec. (d)(1). Pub. L. 95-95, Sec. 109(b)(1), substituted
"standards of performance" for "emission standards" and inserted
provisions directing that regulations of the Administrator permit
the State, in applying a standard of performance to any particular
source under a submitted plan, to take into consideration, among
other factors, the remaining useful life of the existing source to
which the standard applies.
Subsec. (d)(2). Pub. L. 95-95, Sec. 109(b)(2), provided that, in
promulgating a standard of performance under a plan, the
Administrator take into consideration, among other factors, the
remaining useful lives of the sources in the category of sources to
which the standard applies.
Subsecs. (f) to (i). Pub. L. 95-95, Sec. 109(a), added subsecs.
(f) to (i).
Subsecs. (j), (k). Pub. L. 95-190, Sec. 14(a)(8), (9),
redesignated subsec. (k) as (j) and, as so redesignated,
substituted "(B)" for "(8)" as designation for second subpar. in
par. (2). Former subsec. (j), added by Pub. L. 95-95, Sec. 109(e),
which related to compliance with applicable standards of
performance, was struck out.
Pub. L. 95-95, Sec. 109(e), added subsec. (k).
1971 - Subsec. (b)(1)(B). Pub. L. 92-157 substituted in first
sentence "publish proposed" for "propose".
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.
REGULATIONS
Section 403(b), (c) of Pub. L. 101-549 provided that:
"(b) Revised Regulations. - Not later than three years after the
date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15,
1990], the Administrator shall promulgate revised regulations for
standards of performance for new fossil fuel fired electric utility
units commencing construction after the date on which such
regulations are proposed that, at a minimum, require any source
subject to such revised standards to emit sulfur dioxide at a rate
not greater than would have resulted from compliance by such source
with the applicable standards of performance under this section
[amending sections 7411 and 7479 of this title] prior to such
revision.
"(c) Applicability. - The provisions of subsections (a) [amending
this section] and (b) apply only so long as the provisions of
section 403(e) of the Clean Air Act [42 U.S.C. 7651b(e)] remain in
effect."
TRANSFER OF FUNCTIONS
Enforcement functions of Administrator or other official in
Environmental Protection Agency related to compliance with new
source performance standards under this section with respect to pre-
construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas
transferred to Federal Inspector, Office of Federal Inspector for
the Alaska Natural Gas Transportation System, until first
anniversary of date of initial operation of Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, eff. July 1,
1979, Secs. 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, set out in the Appendix to Title 5, Government Organization
and Employees. Office of Federal Inspector for the Alaska Natural
Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade. Functions and authority vested in Secretary of Energy
subsequently transferred to Federal Coordinator for Alaska Natural
Gas Transportation Projects by section 720d(f) of Title 15.
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.