Notes on 42 U.S.C. § 7412 : US Code - Notes

Search Notes on 42 U.S.C. § 7412 : US Code - Notes

(July 14, 1955, ch. 360, title I, Sec. 112, as added Pub. L. 91-
604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1685; amended Pub. L. 95-
95, title I, Secs. 109(d)(2), 110, title IV, Sec. 401(c), Aug. 7,
1977, 91 Stat. 701, 703, 791; Pub. L. 95-623, Sec. 13(b), Nov. 9,
1978, 92 Stat. 3458; Pub. L. 101-549, title III, Sec. 301, Nov. 15,
1990, 104 Stat. 2531; Pub. L. 102-187, Dec. 4, 1991, 105 Stat.
1285; Pub. L. 105-362, title IV, Sec. 402(b), Nov. 10, 1998, 112
Stat. 3283; Pub. L. 106-40, Secs. 2, 3(a), Aug. 5, 1999, 113 Stat.
207, 208.)
REFERENCES IN TEXT
The date of enactment, referred to in subsec. (a)(11), probably
means the date of enactment of Pub. L. 101-549, which amended this
section generally and was approved Nov. 15, 1990.
The Atomic Energy Act, referred to in subsec. (d)(9), probably
means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as
added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and
amended, which is classified generally to chapter 23 (Sec. 2011 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2011 of this title
and Tables.
The Federal Water Pollution Control Act, referred to in subsecs.
(e)(5) and (m)(1)(D), (5)(D), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
Stat. 816, which is classified generally to chapter 26 (Sec. 1251
et seq.) of Title 33, Navigation and Navigable Waters. Title II of
the Act is classified generally to subchapter II (Sec. 1281 et
seq.) of chapter 26 of Title 33. For complete classification of
this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
The Toxic Substances Control Act, referred to in subsec.
(k)(3)(C), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as
amended, which is classified generally to chapter 53 (Sec. 2601 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
2601 of Title 15 and Tables.
The Federal Insecticide, Fungicide and Rodenticide Act, referred
to in subsec. (k)(3)(C), probably means the Federal Insecticide,
Fungicide, and Rodenticide Act, act June 25, 1947, ch. 125, as
amended generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973,
which is classified generally to subchapter II (Sec. 136 et seq.)
of chapter 6 of Title 7, Agriculture. For complete classification
of this Act to the Code, see Short Title note set out under section
136 of Title 7 and Tables.
The Resource Conservation and Recovery Act, referred to in
subsec. (k)(3)(C), probably means the Resource Conservation and
Recovery Act of 1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796,
as amended, which is classified generally to chapter 82 (Sec. 6901
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title of 1976 Amendment note set out under
section 6901 of this title and Tables.
The Safe Drinking Water Act, referred to in subsec. (m)(1)(D),
(5)(D), is title XIV of act July 1, 1944, as added Dec. 16, 1974,
Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is
classified generally to subchapter XII (Sec. 300f et seq.) of
chapter 6A of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 201 of this
title and Tables.
The Solid Waste Disposal Act, referred to in subsec. (n)(7), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.
Subtitle C of the Act is classified generally to subchapter III
(Sec. 6921 et seq.) of chapter 82 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 6901 of this title and Tables.
Section 303 of the Clean Air Act Amendments of 1990, referred to
in subsec. (o)(4), probably means section 303 of Pub. L. 101-549,
which is set out below.
The Clean Air Act Amendments of 1990, referred to in subsec.
(q)(1)-(3), probably means Pub. L. 101-549, Nov. 15, 1990, 104
Stat. 2399. For complete classification of this Act to the Code,
see Short Title note set out under section 7401 of this title and
Tables.
The Emergency Planning and Community Right-To-Know Act of 1986,
referred to in subsec. (r)(3), is title III of Pub. L. 99-499, Oct.
17, 1986, 100 Stat. 1728, which is classified generally to chapter
116 (Sec. 11001 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
11001 of this title and Tables.
The Occupational Safety and Health Act, referred to in subsec.
(r)(6)(C)(ii), (K), (L), probably means the Occupational Safety and
Health Act of 1970, Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590,
as amended, which is classified principally to chapter 15 (Sec. 651
et seq.) of Title 29, Labor. For complete classification of this
Act to the Code, see Short Title note set out under section 651 of
Title 29 and Tables.
CODIFICATION
Section was formerly classified to section 1857c-7 of this title.
AMENDMENTS
1999 - Subsec. (r)(2)(D). Pub. L. 106-40, Sec. 2(5), added
subpar. (D).
Subsec. (r)(4). Pub. L. 106-40, Sec. 2, substituted
"Administrator -
"(A) shall consider - "
for "Administrator shall consider each of the following criteria -
" in introductory provisions, redesignated subpars. (A) to (C) as
cls. (i) to (iii), respectively, of subpar. (A) and added subpar.
(B).
Subsec. (r)(7)(H). Pub. L. 106-40, Sec. 3(a), added subpar. (H).
1998 - Subsec. (n)(2)(C). Pub. L. 105-362 substituted "On
completion of the study, the Secretary shall submit to Congress a
report on the results of the study and" for "The Secretary shall
prepare annual reports to Congress on the status of the research
program and at the completion of the study".
1991 - Subsec. (b)(1). Pub. L. 102-187 struck out "7783064
Hydrogen sulfide" from list of pollutants.
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
definitions; in subsec. (b), list of hazardous air pollutants,
emission standards, and pollution control techniques; in subsec.
(c), prohibited acts and exemption; in subsec. (d), State
implementation and enforcement; and in subsec. (e), design,
equipment, work practice, and operational standards.
1978 - Subsec. (e)(5). Pub. L. 95-623 added par. (5).
1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 401(c), substituted
"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" for
"may cause, or contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible,
illness".
Subsec. (d)(1). Pub. L. 95-95, Sec. 109(d)(2), struck out
"(except with respect to stationary sources owned or operated by
the United States)" after "implement and enforce such standards".
Subsec. (e). Pub. L. 95-95, Sec. 110, added subsec. (e).
CHANGE OF NAME
Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress. Committee on
Commerce of House of Representatives changed to Committee on Energy
and Commerce of House of Representatives, and jurisdiction over
matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
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.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which reports required under subsecs. (m)(5), (r)(6)(C)(ii), and
(s) of this section are listed, respectively, as the 8th item on
page 162, the 9th item on page 198, and the 9th item on page 162),
see section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance.
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.
DELEGATION OF AUTHORITY
Memorandum of President of the United States, Aug. 19, 1993, 58
F.R. 52397, provided:
Memorandum for the Administrator of the Environmental Protection
Agency
WHEREAS, the Environmental Protection Agency, the agencies and
departments that are members of the National Response Team
(authorized under Executive Order No. 12580, 52 Fed. Reg. 2923
(1987) [42 U.S.C. 9615 note]), and other Federal agencies and
departments undertake emergency release prevention, mitigation, and
response activities pursuant to various authorities;
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section
112(r)(10) of the Clean Air Act (the "Act") (section 7412(r)(10) of
title 42 of the United States Code) and section 301 of title 3 of
the United States Code, and in order to provide for the delegation
of certain functions under the Act [42 U.S.C. 7401 et seq.], I
hereby:
(1) Authorize you, in coordination with agencies and departments
that are members of the National Response Team and other
appropriate agencies and departments, to conduct a review of
release prevention, mitigation, and response authorities of Federal
agencies in order to assure the most effective and efficient
implementation of such authorities and to identify any deficiencies
in authority or resources that may exist, to the extent such review
is required by section 112(r)(10) of the Act; and
(2) Authorize you, in coordination with agencies and departments
that are members of the National Response Team and other
appropriate agencies and departments, to prepare and transmit a
message to the Congress concerning the release prevention,
mitigation, and response activities of the Federal Government with
such recommendations for change in law as you deem appropriate, to
the extent such message is required by section 112(r)(10) of the
Act.
The authority delegated by this memorandum may be further
redelegated within the Environmental Protection Agency.
You are hereby authorized and directed to publish this memorandum
in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Jan. 27, 2000, 65
F.R. 8631, provided:
Memorandum for the Attorney General[, ] the Administrator of the
Environmental Protection Agency[, and] the Director of the Office
of Management and Budget
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section
112(r)(7)(H) of the Clean Air Act ("Act") (42 U.S.C.
7412(r)(7)(H)), as added by section 3 of the Chemical Safety
Information, Site Security and Fuels Regulatory Relief Act (Public
Law 106-40), and section 301 of title 3, United States Code, I
hereby delegate to:
(1) the Attorney General the authority vested in the President
under section 112(r)(7)(H)(ii)(I)(aa) of the Act to assess the
increased risk of terrorist and other criminal activity associated
with the posting of off-site consequence analysis information on
the Internet;
(2) the Administrator of the Environmental Protection Agency
(EPA) the authority vested in the President under section
112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created
by public disclosure of off-site consequence analysis information
for reduction in the risk of accidental releases; and
(3) the Attorney General and the Administrator of EPA, jointly,
the authority vested in the President under section
112(r)(7)(H)(ii)(II) of the Act to promulgate regulations, based on
these assessments, governing the distribution of off-site
consequence analysis information. These regulations, in proposed
and final form, shall be subject to review and approval by the
Director of the Office of Management and Budget.
The Administrator of EPA is authorized and directed to publish
this memorandum in the Federal Register.
William J. Clinton.
REPORTS
Pub. L. 106-40, Sec. 3(b), Aug. 5, 1999, 113 Stat. 213, provided
that:
"(1) Definition of accidental release. - In this subsection, the
term 'accidental release' has the meaning given the term in section
112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)).
"(2) Report on status of certain amendments. - Not later than 2
years after the date of enactment of this Act [Aug. 5, 1999], the
Comptroller General of the United States shall submit to Congress a
report on the status of the development of amendments to the
National Fire Protection Association Code for Liquefied Petroleum
Gas that will result in the provision of information to local
emergency response personnel concerning the off-site effects of
accidental releases of substances exempted from listing under
section 112(r)(4)(B) of the Clean Air Act (as added by section 3).
"(3) Report on compliance with certain information submission
requirements. - Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall
submit to Congress a report that -
"(A) describes the level of compliance with Federal and State
requirements relating to the submission to local emergency
response personnel of information intended to help the local
emergency response personnel respond to chemical accidents or
related environmental or public health threats; and
"(B) contains an analysis of the adequacy of the information
required to be submitted and the efficacy of the methods for
delivering the information to local emergency response
personnel."
REEVALUATION OF REGULATIONS
Pub. L. 106-40, Sec. 3(c), Aug. 5, 1999, 113 Stat. 213, provided
that: "The President shall reevaluate the regulations promulgated
under this section within 6 years after the enactment of this Act
[Aug. 5, 1999]. If the President determines not to modify such
regulations, the President shall publish a notice in the Federal
Register stating that such reevaluation has been completed and that
a determination has been made not to modify the regulations. Such
notice shall include an explanation of the basis of such decision."
PUBLIC MEETING DURING MORATORIUM PERIOD
Pub. L. 106-40, Sec. 4, Aug. 5, 1999, 113 Stat. 214, provided
that:
"(a) In General. - Not later than 180 days after the date of
enactment of this Act [Aug. 5, 1999], each owner or operator of a
stationary source covered by section 112(r)(7)(B)(ii) of the Clean
Air Act [42 U.S.C. 7412(r)(7)(B)(ii)] shall convene a public
meeting, after reasonable public notice, in order to describe and
discuss the local implications of the risk management plan
submitted by the stationary source pursuant to section
112(r)(7)(B)(iii) of the Clean Air Act, including a summary of the
off-site consequence analysis portion of the plan. Two or more
stationary sources may conduct a joint meeting. In lieu of
conducting such a meeting, small business stationary sources as
defined in section 507(c)(1) of the Clean Air Act [42 U.S.C.
7661f(c)(1)] may comply with this section by publicly posting a
summary of the off-site consequence analysis information for their
facility not later than 180 days after the enactment of this Act.
Not later than 10 months after the date of enactment of this Act,
each such owner or operator shall send a certification to the
director of the Federal Bureau of Investigation stating that such
meeting has been held, or that such summary has been posted, within
1 year prior to, or within 6 months after, the date of the
enactment of this Act. This section shall not apply to sources that
employ only Program 1 processes within the meaning of regulations
promulgated under section 112(r)(7)(B)(i) of the Clean Air Act.
"(b) Enforcement. - The Administrator of the Environmental
Protection Agency may bring an action in the appropriate United
States district court against any person who fails or refuses to
comply with the requirements of this section, and such court may
issue such orders, and take such other actions, as may be necessary
to require compliance with such requirements."
RISK ASSESSMENT AND MANAGEMENT COMMISSION
Section 303 of Pub. L. 101-549 provided that:
"(a) Establishment. - There is hereby established a Risk
Assessment and Management Commission (hereafter referred to in this
section as the 'Commission'), which shall commence proceedings not
later than 18 months after the date of enactment of the Clean Air
Act Amendments of 1990 [Nov. 15, 1990] and which shall make a full
investigation of the policy implications and appropriate uses of
risk assessment and risk management in regulatory programs under
various Federal laws to prevent cancer and other chronic human
health effects which may result from exposure to hazardous
substances.
"(b) Charge. - The Commission shall consider -
"(1) the report of the National Academy of Sciences authorized
by section 112(o) of the Clean Air Act [42 U.S.C. 7412(o)], the
use and limitations of risk assessment in establishing emission
or effluent standards, ambient standards, exposure standards,
acceptable concentration levels, tolerances or other
environmental criteria for hazardous substances that present a
risk of carcinogenic effects or other chronic health effects and
the suitability of risk assessment for such purposes;
"(2) the most appropriate methods for measuring and describing
cancer risks or risks of other chronic health effects from
exposure to hazardous substances considering such alternative
approaches as the lifetime risk of cancer or other effects to the
individual or individuals most exposed to emissions from a source
or sources on both an actual and worst case basis, the range of
such risks, the total number of health effects avoided by
exposure reductions, effluent standards, ambient standards,
exposures standards, acceptable concentration levels, tolerances
and other environmental criteria, reductions in the number of
persons exposed at various levels of risk, the incidence of
cancer, and other public health factors;
"(3) methods to reflect uncertainties in measurement and
estimation techniques, the existence of synergistic or
antagonistic effects among hazardous substances, the accuracy of
extrapolating human health risks from animal exposure data, and
the existence of unquantified direct or indirect effects on human
health in risk assessment studies;
"(4) risk management policy issues including the use of
lifetime cancer risks to individuals most exposed, incidence of
cancer, the cost and technical feasibility of exposure reduction
measures and the use of site-specific actual exposure information
in setting emissions standards and other limitations applicable
to sources of exposure to hazardous substances; and
"(5) and comment on the degree to which it is possible or
desirable to develop a consistent risk assessment methodology, or
a consistent standard of acceptable risk, among various Federal
programs.
"(c) Membership. - Such Commission shall be composed of ten
members who shall have knowledge or experience in fields of risk
assessment or risk management, including three members to be
appointed by the President, two members to be appointed by the
Speaker of the House of Representatives, one member to be appointed
by the Minority Leader of the House of Representatives, two members
to be appointed by the Majority Leader of the Senate, one member to
be appointed by the Minority Leader of the Senate, and one member
to be appointed by the President of the National Academy of
Sciences. Appointments shall be made not later than 18 months after
the date of enactment of the Clean Air Act Amendments of 1990 [Nov.
15, 1990].
"(d) Assistance from Agencies. - The Administrator of the
Environmental Protection Agency and the heads of all other
departments, agencies, and instrumentalities of the executive
branch of the Federal Government shall, to the maximum extent
practicable, assist the Commission in gathering such information as
the Commission deems necessary to carry out this section subject to
other provisions of law.
"(e) Staff and Contracts. -
"(1) In the conduct of the study required by this section, the
Commission is authorized to contract (in accordance with Federal
contract law) with nongovernmental entities that are competent to
perform research or investigations within the Commission's
mandate, and to hold public hearings, forums, and workshops to
enable full public participation.
"(2) The Commission may appoint and fix the pay of such staff
as it deems necessary in accordance with the provisions of title
5, United States Code. The Commission may request the temporary
assignment of personnel from the Environmental Protection Agency
or other Federal agencies.
"(3) The members of the Commission who are not officers or
employees of the United States, while attending conferences or
meetings of the Commission or while otherwise serving at the
request of the Chair, shall be entitled to receive compensation
at a rate not in excess of the maximum rate of pay for Grade GS-
18, as provided in the General Schedule under section 5332 of
title 5 of the United States Code, including travel time, and
while away from their homes or regular places of business they
may be allowed travel expenses, including per diem in lieu of
subsistence as authorized by law for persons in the Government
service employed intermittently.
"(f) Report. - A report containing the results of all Commission
studies and investigations under this section, together with any
appropriate legislative recommendations or administrative
recommendations, shall be made available to the public for comment
not later than 42 months after the date of enactment of the Clean
Air Act Amendments of 1990 [Nov. 15, 1990] and shall be submitted
to the President and to the Congress not later than 48 months after
such date of enactment. In the report, the Commission shall make
recommendations with respect to the appropriate use of risk
assessment and risk management in Federal regulatory programs to
prevent cancer or other chronic health effects which may result
from exposure to hazardous substances. The Commission shall cease
to exist upon the date determined by the Commission, but not later
than 9 months after the submission of such report.
"(g) Authorization. - There are authorized to be appropriated
such sums as are necessary to carry out the activities of the
Commission established by this section."
[References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.]
(!1) See References in Text note below.
(!2) So in original. Probably should be "effects".
(!3) So in original. Probably should be "section".
(!4) So in original. Probably should be "Right-To-Know".
(!5) So in original. Probably should be paragraph "(7)(B)".

(!6) So in original. The word "or" probably should appear.
(!7) So in original. The word "Administrator" probably should be
"Secretary".
(!8) So in original. Probably should be "subparagraph".