United States Code — Air Pollution Prevention and Control

The United States Government

United States Code — Air Pollution Prevention and Control

Published by Good Press, 2022

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EAN 4064066425098

Table of Contents

(a) Findings

(b) Declaration

(c) Pollution prevention

(a) Interstate cooperation; uniform State laws; State compacts

(b) Federal cooperation

(c) Consent of Congress to compacts

(a) Research and development program for prevention and control of air pollution

(b) Authorized activities of Administrator in establishing research and development program

(c) Air pollutant monitoring, analysis, modeling, and inventory research

(d) Environmental health effects research

(e) Ecosystem research

(f) Liquefied Gaseous Fuels Spill Test Facility

(g) Pollution prevention and emissions control

(h) NIEHS studies

(i) Coordination of research

(j) Continuation of national acid precipitation assessment program

(k) Air pollution conferences

(a) Research programs; grants; contracts; pilot and demonstration plants; byproducts research

(b) Powers of Administrator in establishing research and development programs

(c) Clean alternative fuels

(a) Amounts; limitations; assurances of plan development capability

(b) Terms and conditions; regulations; factors for consideration; State expenditure limitations

(c) Maintenance of effort

(d) Reduction of payments; availability of reduced amounts; reduced amount as deemed paid to agency for purpose of determining amount of grant

(e) Notice and opportunity for hearing when affected by adverse action

(a) Responsibility of each State for air quality; submission of implementation plan

(b) Designated regions

(c) Authority of Administrator to designate regions; notification of Governors of affected States

(d) Designations

(e) Redesignation of air quality control regions

(a) Air pollutant list; publication and revision by Administrator; issuance of air quality criteria for air pollutants

(b) Issuance by Administrator of information on air pollution control techniques; standing consulting committees for air pollutants; establishment; membership

(c) Review, modification, and reissuance of criteria or information

(d) Publication in Federal Register; availability of copies for general public

(e) Transportation planning and guidelines

(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

(g) Assessment of risks to ecosystems

(h) RACT/ BACT/ LAER clearinghouse

(a) Promulgation

(b) Protection of public health and welfare

(c) National primary ambient air quality standard for nitrogen dioxide

(d) Review and revision of criteria and standards; independent scientific review committee; appointment; advisory functions

(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems

(b) Extension of period for submission of plans

(c) Preparation and publication by Administrator of proposed regulations setting forth implementation plan; transportation regulations study and report; parking surcharge; suspension authority; plan implementation

(f) National or regional energy emergencies; determination by President

(g) Governor’s authority to issue temporary emergency suspensions

(h) Publication of comprehensive document for each State setting forth requirements of applicable implementation plan

(i) Modification of requirements prohibited

(j) Technological systems of continuous emission reduction on new or modified stationary sources; compliance with performance standards

(k) Environmental Protection Agency action on plan submissions

(l) Plan revisions

(m) Sanctions

(n) Savings clauses

(o) Indian tribes

(p) Reports

(a) Definitions

(b) List of categories of stationary sources; standards of performance; information on pollution control techniques; sources owned or operated by United States; particular systems; revised standards

(c) State implementation and enforcement of standards of performance

(d) Standards of performance for existing sources; remaining useful life of source

(e) Prohibited acts

(f) New source standards of performance

(g) Revision of regulations

(h) Design, equipment, work practice, or operational standard; alternative emission limitation

(i) Country elevators

(j) Innovative technological systems of continuous emission reduction

(a) Definitions

(1) Major source

(2) Area source

(3) Stationary source

(4) New source

(5) Modification

(6) Hazardous air pollutant

(7) Adverse environmental effect

(8) Electric utility steam generating unit

(9) Owner or operator

(10) Existing source

(11) Carcinogenic effect

(b) List of pollutants

(1) Initial list

(a) In general

(b) Civil judicial enforcement

(c) Criminal penalties

(d) Administrative assessment of civil penalties

(e) Penalty assessment criteria

(f) Awards

(g) Settlements; public participation

(h) Operator

(a) Authority of Administrator or authorized representative

(b) State enforcement

(c) Availability of records, reports, and information to public; disclosure of trade secrets

(d) Notice of proposed entry, inspection, or monitoring

(a) Endangerment of public health or welfare in foreign countries from pollution emitted in United States

(b) Prevention or elimination of endangerment

(c) Reciprocity

(d) Recommendations

(a) Establishment; membership

(b) Compensation

(c) 1 Consultations by Administrator

(a) General compliance

(b) Exemption

(c) Government vehicles

(d) Vehicles operated on Federal installations

(a) Issuance; hearing; enforcement orders; statement of grounds for application; findings

(b) Prerequisites to issuance of orders

(c) Second orders

(d) Interim measures; continuous emission reduction technology

(e) Termination of orders

(f) Violation of requirements

(a) Assessment and collection

(b) Regulations

(c) Contract to assist in determining amount of penalty assessment or payment schedule

(d) Payment

(e) Judicial review

(f) Other orders, payments, sanctions, or requirements

(g) More stringent emission limitations or other requirements

(a) Radioactive pollutants, cadmium, arsenic, and ­polycyclic organic matter

(b) Revision authority

(c) Consultation with Nuclear Regulatory Commission ; interagency agreement; notice and hearing

(a) Heights in excess of good engineering practice; other dispersion techniques

(b) Dispersion technique

(c) Regulations; good engineering practice

(a) State review of implementation plans which relate to major fuel burning sources

(b) Plan revision

(a) Determination that action is necessary

(b) Use of locally or regionally available coal or coal derivatives to comply with implementation plan requirements

(c) Contracts; schedules

(d) Existing or new major fuel burning stationary sources

(e) Actions not to be deemed modifications of major fuel burning stationary sources

(f) Treatment of prohibitions, rules, or orders as requirements or parts of plans under other provisions

(g) Delegation of Presidential authority

(h) Locally or regionally available coal or coal derivatives defined

(a) Written notice to all nearby States

(b) Petition for finding that major sources emit or would emit prohibited air pollutants

(c) Violations; allowable continued operation

(a) Warning signs; television, radio, or press notices or information

(b) Grants

(a) New source performance standards

(1) In general

(2) Emissions standard

(3) Control methods and technologies

(4) Numerical emissions limitations

(5) Review and revision

(b) Existing units

(1) Guidelines

(2) State plans

(3) Federal plan

(c) Monitoring

(d) Operator training

(e) Permits

(f) Effective date and enforcement

(1) New units

(2) Existing units

(3) Prohibition

(4) Coordination with other authorities

(g) Definitions

(1) Solid waste incineration unit

(2) New solid waste incineration unit

(3) Modified solid waste incineration unit

(4) Existing solid waste incineration unit

(5) Municipal waste

(6) Other terms

(h) Other authority

(1) State authority

(2) Other authority under this chapter

(3) Residual risk

(4) Acid rain

(5) Requirements of parts C and D

(a) Areas designated as class I

(b) Areas designated as class II

(a) Sulfur oxide and particulate matter; requirement that maximum allowable increases and maximum allowable concentrations not be exceeded

(b) Maximum allowable increases in concentrations over baseline concentrations

(c) Orders or rules for determining compliance with maximum allowable increases in ambient concentrations of air pollutants

(a) Authority of States to redesignate areas

(b) Notice and hearing; notice to Federal land manager; written comments and recommendations; regulations; disapproval of redesignation

(c) Indian reservations

(d) Review of national monuments, primitive areas, and national preserves

(e) Resolution of disputes between State and Indian tribes

(a) Major emitting facilities on which construction is commenced

(b) Exception

(c) Permit applications

(d) Action taken on permit applications; notice; adverse impact on air quality related values; variance; emission limitations

(e) Analysis; continuous air quality monitoring data; regulations; model adjustments

(a) Hydrocarbons, carbon monoxide, petrochemical oxidants, and nitrogen oxides

(b) Effective date of regulations

(c) Contents of regulations

(d) Specific measures to fulfill goals and purposes

(e) Area classification plan not required

(f) PM–10 increments

(a) Existing regulations to remain in effect

(b) Regulations deemed amended; construction commenced after June 1, 1975

(a) Impairment of visibility; list of areas; study and report

(b) Regulations

(c) Exemptions

(d) Consultations with appropriate Federal land ­managers

(e) Buffer zones

(f) Nondiscretionary duty

(g) Definitions

(a) Studies

(b) Impacts of other provisions

(c) Establishment of visibility transport regions and commissions

(1) Authority to establish visibility transport regions

(2) Visibility transport commissions

(3) Ex officio members

(4) Federal Advisory Committee Act

(d) Duties of visibility transport commissions

(e) Duties of Administrator

(f) Grand Canyon visibility transport commission

(a) Classifications and attainment dates

(1) Classifications

(2) Attainment dates for nonattainment areas

(b) Schedule for plan submissions

(c) Nonattainment plan provisions

(1) In general

(2) RFP

(3) Inventory

(4) Identification and quantification

(5) Permits for new and modified major stationary sources

(6) Other measures

(7) Compliance with section 7410 (a) (2)

(8) Equivalent techniques

(9) Contingency measures

(d) Plan revisions required in response to finding of plan inadequacy

(e) Future modification of standard

(a) In general

(b) Prohibition on use of old growth allowances

(c) Offsets

(d) Control technology information

(e) Rocket engines or motors

(a) In general

(b) Coordination

(c) Joint planning

(a) Plan revision development costs

(b) Uses of grant funds

(a) Plan revision

(b) Subsequent plan revisions

(c) Nonattainment requirements applicable pending plan approval

(d) Contingency provisions

(a) , (b) Repealed. Pub. L. 101–549, title I, §110(4) , Nov. 15, 1990, 104 Stat. 2470

(c) Activities not conforming to approved or promulgated plans

(d) Priority of achieving and maintaining national primary ambient air quality standards

(a) Authority to establish interstate transport regions

(b) Transport commissions

(1) Establishment

(2) Recommendations

(c) Commission requests

(a) State failure

(b) Sanctions

(c) Notice of failure to attain

(d) Consequences for failure to attain

(a) Implementation plans and revisions

(b) Attainment of ozone levels

(c) Attainment of carbon monoxide levels

(d) Attainment of PM–10 levels

(a) Classification and attainment dates for 1989 nonattainment areas

(b) New designations and reclassifications

(1) New designations to nonattainment

(2) Reclassification upon failure to attain

(3) Voluntary reclassification

(4) Failure of Severe Areas to attain standard

(c) References to terms

(a) Marginal Areas

(1) Inventory

(3) Periodic inventory

(4) General offset requirement

(b) Moderate Areas

(1) Plan provisions for reasonable further progress

(2) Reasonably available control technology

(3) Gasoline vapor recovery

(4) Motor vehicle inspection and maintenance

(5) General offset requirement

(c) Serious Areas

(1) Enhanced monitoring

(2) Attainment and reasonable further progress demonstrations

(3) Enhanced vehicle inspection and maintenance program

(4) Clean-fuel vehicle programs

(5) Transportation control

(6) De minimis rule

(7) Special rule for modifications of sources emitting less than 100 tons

(8) Special rule for modifications of sources emitting 100 tons or more

(9) Contingency provisions

(10) General offset requirement

(d) Severe Areas

(1) Vehicle miles traveled

(2) Offset requirement

(3) Enforcement under section 7511d

(e) Extreme Areas

(1) Offset requirement

(2) Modifications

(3) Use of clean fuels or advanced control tech­nology

(4) Traffic control measures during heavy traffic hours

(5) New technologies

(f) NOx requirements

(g) Milestones

(1) Reductions in emissions

(2) Compliance demonstration

(3) Serious and Severe Areas; State election

(4) Economic incentive program

(5) Extreme Areas

(h) Rural transport areas

(i) Reclassified areas

(j) Multi-State ozone nonattainment areas

(1) Coordination among States

(2) Failure to demonstrate attainment

(a) Control techniques guidelines for VOC sources

(b) Existing and new CTGS

(c) Alternative control techniques

(d) Guidance for evaluating cost-effectiveness

(e) Control of emissions from certain sources

(1) Definitions

(2) Study and report

(3) Regulations to require emission reductions

(4) Systems of regulation

(5) Special fund

(6) Enforcement

(7) State administration

(8) Size, etc.

(9) State consultation

(f) Tank vessel standards

(1) Schedule for standards

(2) Regulations on equipment safety

(3) Agency authority

(4) State or local standards

(5) Enforcement

(g) Ozone design value study

(h) Vehicles entering ozone nonattainment areas

(1) Authority regarding ozone inspection and maintenance testing

(2) Sanctions for violations

(3) State election

(4) Alternative approach

(5) Definition of covered ozone nonattainment area

(a) Ozone transport regions

(b) Plan provisions for States in ozone transport regions

(c) Additional control measures

(1) Recommendations

(2) Notice and review

(3) Consultation

(4) Approval and disapproval

(5) Finding

(d) Best available air quality monitoring and modeling

(a) General rule

(b) Computation of fee

(1) Fee amount

(2) Baseline amount

(3) Annual adjustment

(c) Exception

(d) Fee collection by Administrator

(e) Exemptions for certain small areas

(a) Authority of Administrator to prescribe by regulation

(b) Emissions of carbon monoxide, hydrocarbons, and oxides of nitrogen; annual report to Congress; waiver of emission standards; research objectives

(c) Feasibility study and investigation by National Academy of Sciences; reports to Administrator and Congress; availability of information

(d) Useful life of vehicles

(e) New power sources or propulsion systems

(f) 4 High altitude regulations

(g) Light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles; standards for model years after 1993

(1) NMHC, CO, and NOx

(2) PM Standard

(h) Light-duty trucks of more than 6,000 lbs. GVWR; standards for model years after 1995

(i) Phase II study for certain light-duty vehicles and light-duty trucks

(j) Cold CO standard

(1) Phase I

(2) Phase II

(3) Useful-life for phase I and phase II standards

(4) Heavy-duty vehicles and engines

(k) Control of evaporative emissions

(l) Mobile source-related air toxics

(1) Study

(2) Standards

(m) Emissions control diagnostics

(1) Regulations

(2) Effective date

(3) State inspection

(4) Specific requirements

(5) Information availability

(f) 5 Model years after 1990

(a) Enumerated prohibitions

(b) Exemptions; refusal to admit vehicle or engine into United States; vehicles or engines intended for export

(a) Prohibition

(b) Waiver

(c) Certification of vehicle parts or engine parts

(d) Control, regulation, or restrictions on registered or licensed motor vehicles

(e) Nonroad engines or vehicles

(1) Prohibition on certain State standards

(2) Other nonroad engines or vehicles

(a) Regulations; delegation of powers and duties; regional officers and employees

(b) Detail of Environmental Protection Agency personnel to air pollution control agencies

(c) Payments under grants; installments; advances or reimbursements

(d) Tribal authority

(a) Authority to bring civil action; jurisdiction

(b) Notice

(c) Venue; intervention by Administrator; service of complaint; consent judgment

(d) Award of costs; security

(e) Nonrestriction of other rights

(f) Emission standard or limitation under this chapter defined

(g) Penalty fund

(a) Attorney General; attorneys appointed by Administrator

(b) Memorandum of understanding regarding legal representation

(a) Contracts with violators prohibited

(b) Notification procedures

(c) Federal agency contracts

(d) Exemptions; notification to Congress

(a) Administrative subpenas; confidentiality; wit­nesses

(b) Judicial review

(c) Additional evidence

(d) Rulemaking

(e) Other methods of judicial review not authorized

(f) Costs

(g) Stay, injunction, or similar relief in proceedings relating to noncompliance penalties

(h) Public participation

(a) Findings

(b) Purposes

(a) Allocations of annual allowances for existing and new units

(b) Allowance transfer system

(c) Interpollutant trading

(d) Allowance tracking system

(e) New utility units

(f) Nature of allowances

(g) Prohibition

(h) Competitive bidding for power supply

(i) Applicability of antitrust laws

(j) Public Utility Holding Company Act

Title 42 — The Public Health and Welfare

Chapter 85 — Air Pollution Prevention and Control

§ 7401. Adjudications

CAA § 101

(a) Findings

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The Congress finds—

(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.

(b) Declaration

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The purposes of this subchapter are—

(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs.

(c) Pollution prevention

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A primary goal of this chapter is to encourage or otherwise promote reasonable Federal, State, and local governmental actions, consistent with the provisions of this chapter, for pollution prevention.

§ 7402. Cooperative activities

CAA § 102

(a) Interstate cooperation; uniform State laws; State compacts

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The Administrator shall encourage cooperative activities by the States and local governments for the prevention and control of air pollution; encourage the enactment of improved and, so far as practicable in the light of varying conditions and needs, uniform State and local laws relating to the prevention and control of air pollution; and encourage the making of agreements and compacts between States for the prevention and control of air pollution.

(b) Federal cooperation

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The Administrator shall cooperate with and encourage cooperative activities by all Federal departments and agencies having functions relating to the prevention and control of air pollution, so as to assure the utilization in the Federal air pollution control program of all appropriate and available facilities and resources within the Federal Government.

(c) Consent of Congress to compacts

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The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for

(1) cooperative effort and mutual assistance for the prevention and control of air pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by Congress. It is the intent of Congress that no agreement or compact entered into between States after November 21, 1967, which relates to the control and abatement of air pollution in an air quality control region, shall provide for participation by a State which is not included (in whole or in part) in such air quality control region.

§ 7403. Research, investigation, training, and other activities

CAA § 103

(a) Research and development program for prevention and control of air pollution

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The Administrator shall establish a national research and development program for the prevention and control of air pollution and as part of such program shall—

(1) conduct, and promote the coordination and acceleration of, research, investigations, experiments, demonstrations, surveys, and studies relating to the causes, effects (including health and welfare effects), extent, prevention, and control of air pollution; (2) encourage, cooperate with, and render technical services and provide financial assistance to air pollution control agencies and other appropriate public or private agencies, institutions, and organizations, and individuals in the conduct of such activities; (3) conduct investigations and research and make surveys concerning any specific problem of air pollution in cooperation with