Notes on 42 U.S.C. § 7415 : US Code - Notes

Search Notes on 42 U.S.C. § 7415 : US Code - Notes

(July 14, 1955, ch. 360, title I, Sec. 115, formerly Sec. 5, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 396;
renumbered Sec. 105 and amended Pub. L. 89-272, title I, Secs.
101(2), (3), 102, Oct. 20, 1965, 79 Stat. 992, 995, renumbered Sec.
108 and amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.
491, renumbered Sec. 115 and amended Pub. L. 91-604, Secs. 4(a),
(b)(2)-(10), 15(c)(2), Dec. 31, 1970, 84 Stat. 1678, 1688, 1689,
1713; Pub. L. 95-95, title I, Sec. 114, Aug. 7, 1977, 91 Stat.
710.)
CODIFICATION
Section was formerly classified to section 1857d of this title.
AMENDMENTS
1977 - Pub. L. 95-95 completely revised section by substituting
provisions establishing a mechanism for the Administrator to
trigger a revision of a State implementation plan under section
7410(a)(2)(H) upon a petition of an international agency or the
Secretary of State if he finds that emissions originating in a
State endanger the health or welfare of persons in a foreign
country for provisions calling for the abatement of air pollution
by means of conference procedures.
1970 - Subsec. (a). Pub. L. 91-604, Sec. 4(b)(2), inserted "and
which is covered by subsection (b) or (c) of this section" after
"persons".
Subsec. (b). Pub. L. 91-604, Secs. 4(b)(3), (4), (5), 15(c)(2),
redesignated former subsec. (d)(1)(A), (B), and (C) as (b)(1), (2),
and (3), substituted "Administrator" for "Secretary" wherever
appearing, and added subsec. (b)(4). Former subsec. (b), which
related to the encouragement of municipal, State, and interstate
action to abate air pollution, was struck out.
Subsec. (c). Pub. L. 91-604, Secs. 4(b)(3), (6), 15(c)(2),
redesignated former subsec. (d)(1)(D) as (c) and substituted
"Administrator" for "Secretary" and "Secretary of Health,
Education, and Welfare" wherever appearing and "subsection" for
"subparagraph" wherever appearing. Former subsec. (c), which
related to the procedure for the promulgation of State air quality
standards, was struck out.
Subsec. (d). Pub. L. 91-604, Secs. 4(b)(4), (6), (7), (8),
15(c)(2), redesignated former subsec. (d)(2) and (3) as (d)(1) and
(2), in (d)(1) substituted "Administrator" for "Secretary" wherever
appearing and "any conference under this section" for "such
conference", and in (d)(2) substituted "Administrator" for
"Secretary". Former subsec. (d)(1)(A), (B), and (C) were
redesignated as (b)(1), (2), and (3), respectively, and subsec.
(d)(1)(D) was redesignated as (c).
Subsec. (e). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing.
Subsec. (f). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing and
"Environmental Protection Agency" for "Department of Health,
Education, and Welfare".
Subsec. (g). Pub. L. 91-604, Secs. 4(b)(9), 15(c)(2), substituted
"Administrator" for "Secretary" and "subsection (c)" for
"subparagraph (D) of subsection (d)".
Subsecs. (i), (j). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing.
Subsec. (k). Pub. L. 91-604, Sec. 4(b)(3), (10), substituted
provisions relating to compliance with any requirement of an
applicable implementation plan or with any standard prescribed
under section 7411 of this title or section 7412 of this title, for
provisions relating to the enjoining of imminent and substantial
endangerment from pollution sources.
1967 - Subsec. (b). Pub. L. 90-148 substituted reference to
subsec. (c), (h), or (k) of this section for reference to subsec.
(g) of this section.
Subsecs. (c), (d). Pub. L. 90-148 added subsec. (c), redesignated
former subsec. (c) as (d), inserted in par. (2) provisions for the
delivery prior to the conference of a Federal report to agencies
and interested parties covering matters before the conference,
raised from three weeks to thirty days the required notice of the
conference, and inserted provisions for notice by newspapers,
presentation of views on the Federal report, and transcript of
proceedings. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 90-148 redesignated former subsec. (d) as
(e). Former subsec. (e) redesignated (f) and amended.
Subsec. (f). Pub. L. 90-148 redesignated former subsec. (e) as
(f) and inserted in par. (1) requirement that all interested
parties be given a reasonable opportunity to present evidence to
the hearing board. Former subsec. (f) redesignated (g) and amended.
Subsec. (g). Pub. L. 90-148 redesignated former subsec. (f) as
(g) and substituted reference to subsec. (d) of this section for
reference to subsec. (c) of this section. Former subsec. (g)
redesignated (h) and amended.
Subsec. (h). Pub. L. 90-148 redesignated former subsec. (g) as
(h) and substituted reference to subsec. (g) of this section for
reference to subsec. (f) of this section. Former subsec. (h)
redesignated (i) and amended.
Subsec. (i). Pub. L. 90-148 redesignated former subsec. (h) as
(i) and substituted reference to subsec. (f) of this section for
reference to subsec. (e) of this section and raised the per diem
maximum from $50 to $100. Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 90-148 redesignated former subsec. (i) as
(j).
Subsec. (k). Pub. L. 90-148 added subsec. (k).
1965 - Subsec. (b). Pub. L. 89-272, Sec. 101(2), substituted
"this title" for "this Act", which for purposes of codification has
been changed to "this subchapter".
Subsec. (c)(1)(D). Pub. L. 89-272, Sec. 102(a), added subpar.
(D).
Subsec. (d)(3). Pub. L. 89-272, Sec. 101(2), substituted
"subchapter" for "chapter".
Subsec. (f)(1). Pub. L. 89-272, Sec. 102(b), designated existing
provisions as cl. (A) and added cl. (B).
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.
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.
UNITED STATES-CANADIAN NEGOTIATIONS ON AIR QUALITY
Pub. L. 95-426, title VI, Sec. 612, Oct. 7, 1978, 92 Stat. 990,
provided that:
"(a) The Congress finds that -
"(1) the United States and Canada share a common environment
along a 5,500 mile border;
"(2) the United States and Canada are both becoming
increasingly concerned about the effects of pollution,
particularly that resulting from power generation facilities,
since the facilities of each country affect the environment of
the other;
"(3) the United States and Canada have subscribed to
international conventions; have joined in the environmental work
of the United Nations, the Organization for Economic Cooperation
and Development, and other international environmental forums;
and have entered into and implemented effectively the provisions
of the historic Boundary Waters Treaty of 1909; and
"(4) the United States and Canada have a tradition of
cooperative resolution of issues of mutual concern which is
nowhere more evident than in the environmental area.
"(b) It is the sense of the Congress that the President should
make every effort to negotiate a cooperative agreement with the
Government of Canada aimed at preserving the mutual airshed of the
United States and Canada so as to protect and enhance air resources
and insure the attainment and maintenance of air quality protective
of public health and welfare.
"(c) It is further the sense of the Congress that the President,
through the Secretary of State working in concert with interested
Federal agencies and the affected States, should take whatever
diplomatic actions appear necessary to reduce or eliminate any
undesirable impact upon the United States and Canada resulting from
air pollution from any source."