42 U.S.C. § 7401 — Congressional findings and declaration of

Page 7160 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 Sec. PART C—CLEAN FUEL VEHICLES 7581. Definitions. 7582. Requirements applicable to clean-fuel vehi- cles. 7583. Standards for light-duty clean-fuel vehicles. 7584. Administration and enforcement as per Cali- fornia standards. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs.). 7586. Centrally fueled fleets. 7587. Vehicle conversions. 7588. Federal agency fleets. 7589. California pilot test program. 7590. General provisions. SUBCHAPTER III—GENERAL PROVISIONS 7601. Administration. 7602. Definitions. 7603. Emergency powers. 7604. Citizen suits. 7605. Representation in litigation. 7606. Federal procurement. 7607. Administrative proceedings and judicial re- view. 7608. Mandatory licensing. 7609. Policy review. 7610. Other authority. 7611. Records and audit. 7612. Economic impact analyses. 7613. Repealed. 7614. Labor standards. 7615. Separability. 7616. Sewage treatment grants. 7617. Economic impact assessment. 7618. Repealed. 7619. Air quality monitoring. 7620. Standardized air quality modeling. 7621. Employment effects. 7622. Employee protection. 7623. Repealed. 7624. Cost of vapor recovery equipment. 7625. Vapor recovery for small business marketers of petroleum products. 7625–1. Exemptions for certain territories. 7625a. Statutory construction. 7626. Authorization of appropriations. 7627. Air pollution from Outer Continental Shelf activities. 7628. Demonstration grant program for local gov- ernments. SUBCHAPTER IV—NOISE POLLUTION 7641. Noise abatement. 7642. Authorization of appropriations. SUBCHAPTER IV–A—ACID DEPOSITION CONTROL 7651. Findings and purposes. 7651a. Definitions. 7651b. Sulfur dioxide allowance program for existing and new units. 7651c. Phase I sulfur dioxide requirements. 7651d. Phase II sulfur dioxide requirements. 7651e. Allowances for States with emissions rates at or below 0.80 lbs/mmBtu. 7651f. Nitrogen oxides emission reduction program. 7651g. Permits and compliance plans. 7651h. Repowered sources. 7651i. Election for additional sources. 7651j. Excess emissions penalty. 7651k. Monitoring, reporting, and recordkeeping re- quirements. 7651l. General compliance with other provisions. 7651m. Enforcement. 7651n. Clean coal technology regulatory incentives. 7651o. Contingency guarantee, auctions, reserve. SUBCHAPTER V—PERMITS 7661. Definitions. Sec. 7661a. Permit programs. 7661b. Permit applications. 7661c. Permit requirements and conditions. 7661d. Notification to Administrator and contiguous States. 7661e. Other authorities. 7661f. Small business stationary source technical and environmental compliance assistance program. SUBCHAPTER VI—STRATOSPHERIC OZONE PROTECTION 7671. Definitions. 7671a. Listing of class I and class II substances. 7671b. Monitoring and reporting requirements. 7671c. Phase-out of production and consumption of class I substances. 7671d. Phase-out of production and consumption of class II substances. 7671e. Accelerated schedule. 7671f. Exchange authority. 7671g. National recycling and emission reduction program. 7671h. Servicing of motor vehicle air conditioners. 7671i. Nonessential products containing chlorofluorocarbons. 7671j. Labeling. 7671k. Safe alternatives policy. 7671l. Federal procurement. 7671m. Relationship to other laws. 7671n. Authority of Administrator. 7671o. Transfers among Parties to Montreal Pro- tocol. 7671p. International cooperation. 7671q. Miscellaneous provisions. SUBCHAPTER VII—AMERICAN INNOVATION AND MANUFACTURING 7675. American innovation and manufacturing. Editorial Notes CODIFICATION Act July 14, 1955, ch. 360, 69 Stat. 322, as amended, known as the Clean Air Act, which was formerly classi- fied to chapter 15B (§ 1857 et seq.) of this title, was com- pletely revised by Pub. L. 95–95, Aug. 7, 1977, 91 Stat. 685, and was reclassified to this chapter. SUBCHAPTER I—PROGRAMS AND ACTIVITIES PART A—AIR QUALITY AND EMISSION LIMITATIONS Editorial Notes CODIFICATION Pub. L. 95–95, title I, § 117(a), Aug. 7, 1977, 91 Stat. 712, designated sections 7401 to 7428 of this title as part A. § 7401. Congressional findings and declaration of purpose (a) Findings 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 ju- risdictions and often extend into two or more States; (2) that the growth in the amount and com- plexity of air pollution brought about by ur- banization, industrial development, and the increasing use of motor vehicles, has resulted Page 7161 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deteriora- tion of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any meas- ures, of the amount of pollutants produced or created at the source) and air pollution con- trol 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 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 re- search and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assist- ance to State and local governments in con- nection with the development and execution of their air pollution prevention and control pro- grams; and (4) to encourage and assist the development and operation of regional air pollution preven- tion and control programs. (c) Pollution prevention 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 pre- vention. (July 14, 1955, ch. 360, title I, § 101, formerly § 1, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 392; renumbered § 101 and amended Pub. L. 89–272, title I, § 101(2), (3), Oct. 20, 1965, 79 Stat. 992; Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 485; Pub. L. 101–549, title I, § 108(k), Nov. 15, 1990, 104 Stat. 2468.) Editorial Notes CODIFICATION Section was formerly classified to section 1857 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in a prior section 1857 of this title, act of July 14, 1955, ch. 360, § 1, 69 Stat. 322, prior to the general amendment of this chapter by Pub. L. 88–206. AMENDMENTS 1990—Subsec. (a)(3). Pub. L. 101–549, § 108(k)(1), amend- ed par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘that the prevention and control of air pol- lution at its source is the primary responsibility of States and local governments; and’’. Subsec. (b)(4). Pub. L. 101–549, § 108(k)(2), inserted ‘‘prevention and’’ after ‘‘pollution’’. Subsec. (c). Pub. L. 101–549, § 108(k)(3), added subsec. (c). 1967—Subsec. (b)(1). Pub. L. 90–148 inserted ‘‘and en- hance the quality of’’ after ‘‘to protect’’. 1965—Subsec. (b). Pub. L. 89–272 substituted ‘‘this title’’ for ‘‘this Act’’, which for purposes of codification has been changed to ‘‘this subchapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–549, title VII, § 711(b), Nov. 15, 1990, 104 Stat. 2684, provided that: ‘‘(1) Except as otherwise expressly provided, the amendments made by this Act [see Tables for classi- fication] shall be effective on the date of enactment of this Act [Nov. 15, 1990]. ‘‘(2) The Administrator’s authority to assess civil penalties under section 205(c) of the Clean Air Act [42 U.S.C. 7524(c)], as amended by this Act, shall apply to violations that occur or continue on or after the date of enactment of this Act. Civil penalties for violations that occur prior to such date and do not continue after such date shall be assessed in accordance with the pro- visions of the Clean Air Act [42 U.S.C. 7401 et seq.] in effect immediately prior to the date of enactment of this Act. ‘‘(3) The civil penalties prescribed under sections 205(a) and 211(d)(1) of the Clean Air Act [42 U.S.C. 7524(a), 7545(d)(1)], as amended by this Act, shall apply to violations that occur on or after the date of enact- ment of this Act. Violations that occur prior to such date shall be subject to the civil penalty provisions pre- scribed in sections 205(a) and 211(d) of the Clean Air Act in effect immediately prior to the enactment of this Act. The injunctive authority prescribed under section 211(d)(2) of the Clean Air Act, as amended by this Act, shall apply to violations that occur or continue on or after the date of enactment of this Act. ‘‘(4) For purposes of paragraphs (2) and (3), where the date of a violation cannot be determined it will be as- sumed to be the date on which the violation is discov- ered.’’ EFFECTIVE DATE OF 1977 AMENDMENT; PENDING AC- TIONS; CONTINUATION OF RULES, CONTRACTS, AUTHOR- IZATIONS, ETC.; IMPLEMENTATION PLANS Pub. L. 95–95, title IV, § 406, Aug. 7, 1977, 91 Stat. 795, as amended by Pub. L. 95–190, § 14(b)(6), Nov. 16, 1977, 91 Stat. 1405, provided that: ‘‘(a) No suit, action, or other proceeding lawfully commenced by or against the Administrator or any other officer or employee of the United States in his of- ficial capacity or in relation to the discharge of his of- ficial duties under the Clean Air Act [this chapter], as in effect immediately prior to the date of enactment of this Act [Aug. 7, 1977] shall abate by reason of the tak- ing effect of the amendments made by this Act [see Short Title of 1977 Amendment note below]. The court may, on its own motion or that of any party made at any time within twelve months after such taking ef- fect, allow the same to be maintained by or against the Administrator or such officer or employee. ‘‘(b) All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pur- suant to the Clean Air Act [this chapter], as in effect immediately prior to the date of enactment of this Act [Aug. 7, 1977], and pertaining to any functions, powers, requirements, and duties under the Clean Air Act, as in effect immediately prior to the date of enactment of this Act, and not suspended by the Administrator or the courts, shall continue in full force and effect after the date of enactment of this Act until modified or re- scinded in accordance with the Clean Air Act as amend- ed by this Act [see Short Title of 1977 Amendment note below]. ‘‘(c) Nothing in this Act [see Short Title of 1977 Amendment note below] nor any action taken pursuant to this Act shall in any way affect any requirement of an approved implementation plan in effect under sec- tion 110 of the Clean Air Act [section 7410 of this title] or any other provision of the Act in effect under the Clean Air Act before the date of enactment of this sec- tion [Aug. 7, 1977] until modified or rescinded in accord- ance with the Clean Air Act [this chapter] as amended by this Act [see Short Title of 1977 Amendment note below]. Page 7162 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 ‘‘(d)(1) Except as otherwise expressly provided, the amendments made by this Act [see Short Title of 1977 Amendment note below] shall be effective on date of enactment [Aug. 7, 1977]. ‘‘(2) Except as otherwise expressly provided, each State required to revise its applicable implementation plan by reason of any amendment made by this Act [see Short Title of 1977 Amendment note below] shall adopt and submit to the Administrator of the Environmental Protection Administration such plan revision before the later of the date— ‘‘(A) one year after the date of enactment of this Act [Aug. 7, 1977], or ‘‘(B) nine months after the date of promulgation by the Administrator of the Environmental Protection Administration of any regulations under an amend- ment made by this Act which are necessary for the approval of such plan revision.’’ SHORT TITLE OF 1999 AMENDMENT Pub. L. 106–40, § 1, Aug. 5, 1999, 113 Stat. 207, provided that: ‘‘This Act [amending section 7412 of this title and enacting provisions set out as notes under section 7412 of this title] may be cited as the ‘Chemical Safety In- formation, Site Security and Fuels Regulatory Relief Act’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–286, § 1, Oct. 27, 1998, 112 Stat. 2773, pro- vided that: ‘‘This Act [amending section 7511b of this title and enacting provisions set out as a note under section 7511b of this title] may be cited as the ‘Border Smog Reduction Act of 1998’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399, is popu- larly known as the ‘‘Clean Air Act Amendments of 1990’’. See Tables for classification. SHORT TITLE OF 1981 AMENDMENT Pub. L. 97–23, § 1, July 17, 1981, 95 Stat. 139, provided: ‘‘That this Act [amending sections 7410 and 7413 of this title] may be cited as the ‘Steel Industry Compliance Extension Act of 1981’.’’ SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–95, § 1, Aug. 7, 1977, 91 Stat. 685, provided that: ‘‘This Act [enacting sections 4362, 7419 to 7428, 7450 to 7459, 7470 to 7479, 7491, 7501 to 7508, 7548, 7549, 7551, 7617 to 7625, and 7626 of this title, amending sections 7403, 7405, 7407 to 7415, 7417, 7418, 7521 to 7525, 7541, 7543, 7544, 7545, 7550, 7571, 7601 to 7605, 7607, 7612, 7613, and 7616 of this title, repealing section 1857c–10 of this title, and enacting provisions set out as notes under this section, sections 7403, 7422, 7470, 7479, 7502, 7521, 7548, and 7621 of this title, and section 792 of Title 15, Commerce and Trade] may be cited as the ‘Clean Air Act Amendments of 1977’.’’ SHORT TITLE OF 1970 AMENDMENT Pub. L. 91–604, § 1, Dec. 31, 1970, 84 Stat. 1676, provided: ‘‘That this Act [amending this chapter generally] may be cited as the ‘Clean Air Amendments of 1970’.’’ SHORT TITLE OF 1967 AMENDMENT Pub. L. 90–148, § 1, Nov. 21, 1967, 81 Stat. 485, provided: ‘‘That this Act [amending this chapter generally] may be cited as the ‘Air Quality Act of 1967’.’’ SHORT TITLE OF 1966 AMENDMENT Pub. L. 89–675, § 1, Oct. 15, 1966, 80 Stat. 954, provided: ‘‘That this Act [amending sections 7405 and 7616 of this title and repealing section 1857f–8 of this title] may be cited as the ‘Clean Air Act Amendments of 1966’.’’ SHORT TITLE Act July 14, 1955, ch. 360, title III, § 317, formerly § 14, as added by Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 401; renumbered § 307 by Pub. L. 89–272, title I, § 101(4), Oct. 20, 1965, 79 Stat. 992; renumbered § 310 by Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 499; renumbered § 317 by Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1705, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Clean Air Act’.’’ Act July 14, 1955, ch. 360, title II, § 201, as added by Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 992, and amended by Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 499, provided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘National Emission Standards Act’.’’ Prior to its amendment by Pub. L. 90–148, title II of act June 14, 1955, was known as the ‘‘Motor Vehicle Air Pollution Control Act’’. Act July 14, 1955, ch. 360, title IV, § 401, as added by Dec. 31, 1970, Pub. L. 91–604, § 14, 84 Stat. 1709, provided that: ‘‘This title [enacting subchapter IV of this chap- ter] may be cited as the ‘Noise Pollution and Abate- ment Act of 1970’.’’ SAVINGS PROVISION Pub. L. 101–549, title VII, § 711(a), Nov. 15, 1990, 104 Stat. 2684, provided that: ‘‘Except as otherwise ex- pressly provided in this Act [see Tables for classifica- tion], no suit, action, or other proceeding lawfully com- menced by 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 the Clean Air Act [42 U.S.C. 7401 et seq.], as in ef- fect immediately prior to the date of enactment of this Act [Nov. 15, 1990], shall abate by reason of the taking effect of the amendments made by this Act.’’ IMPACT ON SMALL COMMUNITIES Pub. L. 101–549, title VIII, § 810, Nov. 15, 1990, 104 Stat. 2690, provided that: ‘‘Before implementing a provision of this Act [see Tables for classification], the Adminis- trator of the Environmental Protection Agency shall consult with the Small Communities Coordinator of the Environmental Protection Agency to determine the impact of such provision on small communities, includ- ing the estimated cost of compliance with such provi- sion.’’ RADON ASSESSMENT AND MITIGATION Pub. L. 99–499, title I, § 118(k), Oct. 17, 1986, 100 Stat. 1659, as amended by Pub. L. 105–362, title V, § 501(i), Nov. 10, 1998, 112 Stat. 3284, provided that: ‘‘(1) NATIONAL ASSESSMENT OF RADON GAS.—No later than one year after the enactment of this Act [Oct. 17, 1986], the Administrator shall submit to the Congress a report which shall, to the extent possible— ‘‘(A) identify the locations in the United States where radon is found in structures where people nor- mally live or work, including educational institu- tions; ‘‘(B) assess the levels of radon gas that are present in such structures; ‘‘(C) determine the level of radon gas and radon daughters which poses a threat to human health and assess for each location identified under subpara- graph (A) the extent of the threat to human health; ‘‘(D) determine methods of reducing or eliminating the threat to human health of radon gas and radon daughters; and ‘‘(E) include guidance and public information mate- rials based on the findings or research of mitigating radon. ‘‘(2) RADON MITIGATION DEMONSTRATION PROGRAM.— ‘‘(A) DEMONSTRATION PROGRAM.—The Administrator shall conduct a demonstration program to test meth- ods and technologies of reducing or eliminating radon gas and radon daughters where it poses a threat to human health. The Administrator shall take into consideration any demonstration program underway in the Reading Prong of Pennsylvania, New Jersey, and New York and at other sites prior to enactment. The demonstration program under this section shall be conducted in the Reading Prong, and at such other sites as the Administrator considers appropriate. Page 7163 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 ‘‘(B) LIABILITY.—Liability, if any, for persons un- dertaking activities pursuant to the radon mitigation demonstration program authorized under this sub- section shall be determined under principles of exist- ing law. ‘‘(3) CONSTRUCTION OF SECTION.—Nothing in this sub- section shall be construed to authorize the Adminis- trator to carry out any regulatory program or any ac- tivity other than research, development, and related reporting, information dissemination, and coordination activities specified in this subsection. Nothing in para- graph (1) or (2) shall be construed to limit the author- ity of the Administrator or of any other agency or in- strumentality of the United States under any other au- thority of law.’’ SPILL CONTROL TECHNOLOGY Pub. L. 99–499, title I, § 118(n), Oct. 17, 1986, 100 Stat. 1660, provided that: ‘‘(1) ESTABLISHMENT OF PROGRAM.—Within 180 days of enactment of this subsection [Oct. 17, 1986], the Sec- retary of the United States Department of Energy is di- rected to carry out a program of testing and evaluation of technologies which may be utilized in responding to liquefied gaseous and other hazardous substance spills at the Liquefied Gaseous Fuels Spill Test Facility that threaten public health or the environment. ‘‘(2) TECHNOLOGY TRANSFER.—In carrying out the pro- gram established under this subsection, the Secretary shall conduct a technology transfer program that, at a minimum— ‘‘(A) documents and archives spill control tech- nology; ‘‘(B) investigates and analyzes significant haz- ardous spill incidents; ‘‘(C) develops and provides generic emergency ac- tion plans; ‘‘(D) documents and archives spill test results; ‘‘(E) develops emergency action plans to respond to spills; ‘‘(F) conducts training of spill response personnel; and ‘‘(G) establishes safety standards for personnel en- gaged in spill response activities. ‘‘(3) CONTRACTS AND GRANTS.—The Secretary is di- rected to enter into contracts and grants with a non- profit organization in Albany County, Wyoming, that is capable of providing the necessary technical support and which is involved in environmental activities re- lated to such hazardous substance related emergencies. ‘‘(4) USE OF SITE.—The Secretary shall arrange for the use of the Liquefied Gaseous Fuels Spill Test Facility to carry out the provisions of this subsection.’’ RADON GAS AND INDOOR AIR QUALITY RESEARCH Pub. L. 99–499, title IV, Oct. 17, 1986, 100 Stat. 1758, provided that: ‘‘SEC. 401. SHORT TITLE. ‘‘This title may be cited as the ‘Radon Gas and Indoor Air Quality Research Act of 1986’. ‘‘SEC. 402. FINDINGS. ‘‘The Congress finds that: ‘‘(1) High levels of radon gas pose a serious health threat in structures in certain areas of the country. ‘‘(2) Various scientific studies have suggested that exposure to radon, including exposure to naturally occurring radon and indoor air pollutants, poses a public health risk. ‘‘(3) Existing Federal radon and indoor air pollutant research programs are fragmented and underfunded. ‘‘(4) An adequate information base concerning expo- sure to radon and indoor air pollutants should be de- veloped by the appropriate Federal agencies. ‘‘SEC. 403. RADON GAS AND INDOOR AIR QUALITY RESEARCH PROGRAM. ‘‘(a) DESIGN OF PROGRAM.—The Administrator of the Environmental Protection Agency shall establish a re- search program with respect to radon gas and indoor air quality. Such program shall be designed to— ‘‘(1) gather data and information on all aspects of indoor air quality in order to contribute to the under- standing of health problems associated with the ex- istence of air pollutants in the indoor environment; ‘‘(2) coordinate Federal, State, local, and private research and development efforts relating to the im- provement of indoor air quality; and ‘‘(3) assess appropriate Federal Government actions to mitigate the environmental and health risks asso- ciated with indoor air quality problems. ‘‘(b) PROGRAM REQUIREMENTS.—The research program required under this section shall include— ‘‘(1) research and development concerning the iden- tification, characterization, and monitoring of the sources and levels of indoor air pollution, including radon, which includes research and development re- lating to— ‘‘(A) the measurement of various pollutant con- centrations and their strengths and sources, ‘‘(B) high-risk building types, and ‘‘(C) instruments for indoor air quality data col- lection; ‘‘(2) research relating to the effects of indoor air pollution and radon on human health; ‘‘(3) research and development relating to control technologies or other mitigation measures to prevent or abate indoor air pollution (including the develop- ment, evaluation, and testing of individual and ge- neric control devices and systems); ‘‘(4) demonstration of methods for reducing or eliminating indoor air pollution and radon, including sealing, venting, and other methods that the Admin- istrator determines may be effective; ‘‘(5) research, to be carried out in conjunction with the Secretary of Housing and Urban Development, for the purpose of developing— ‘‘(A) methods for assessing the potential for radon contamination of new construction, including (but not limited to) consideration of the moisture con- tent of soil, porosity of soil, and radon content of soil; and ‘‘(B) design measures to avoid indoor air pollu- tion; and ‘‘(6) the dissemination of information to assure the public availability of the findings of the activities under this section. ‘‘(c) ADVISORY COMMITTEES.—The Administrator shall establish a committee comprised of individuals rep- resenting Federal agencies concerned with various as- pects of indoor air quality and an advisory group com- prised of individuals representing the States, the sci- entific community, industry, and public interest orga- nizations to assist him in carrying out the research program for radon gas and indoor air quality. ‘‘(d) IMPLEMENTATION PLAN.—Not later than 90 days after the enactment of this Act [Oct. 17, 1986], the Ad- ministrator shall submit to the Congress a plan for im- plementation of the research program under this sec- tion. Such plan shall also be submitted to the EPA Science Advisory Board, which shall, within a reason- able period of time, submit its comments on such plan to Congress. ‘‘(e) REPORT.—Not later than 2 years after the enact- ment of this Act [Oct. 17, 1986], the Administrator shall submit to Congress a report respecting his activities under this section and making such recommendations as appropriate. ‘‘SEC. 404. CONSTRUCTION OF TITLE. ‘‘Nothing in this title shall be construed to authorize the Administrator to carry out any regulatory program or any activity other than research, development, and related reporting, information dissemination, and co- ordination activities specified in this title. Nothing in this title shall be construed to limit the authority of the Administrator or of any other agency or instru- mentality of the United States under any other author- ity of law. Page 7164 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 ‘‘SEC. 405. AUTHORIZATIONS. ‘‘There are authorized to be appropriated to carry out the activities under this title and under section 118(k) of the Superfund Amendments and Reauthorization Act of 1986 (relating to radon gas assessment and dem- onstration program) [section 118(k) of Pub. L. 99–499, set out as a note above] not to exceed $5,000,000 for each of the fiscal years 1987, 1988, and 1989. Of such sums ap- propriated in fiscal years 1987 and 1988, two-fifths shall be reserved for the implementation of section 118(k)(2).’’ STUDY OF ODORS AND ODOROUS EMISSIONS Pub. L. 95–95, title IV, § 403(b), Aug. 7, 1977, 91 Stat. 792, directed Administrator of Environmental Protec- tion Agency to conduct a study and report to Congress not later than Jan. 1, 1979, on effects on public health and welfare of odors and odorous emissions, source of such emissions, technology or other measures available for control of such emissions and costs of such tech- nology or measures, and costs and benefits of alter- native measures or strategies to abate such emissions. LIST OF CHEMICAL CONTAMINANTS FROM ENVIRONMENTAL POLLUTION FOUND IN HUMAN TISSUE Pub. L. 95–95, title IV, § 403(c), Aug. 7, 1977, 91 Stat. 792, directed Administrator of EPA, not later than twelve months after Aug. 7, 1977, to publish throughout the United States a list of all known chemical contami- nants resulting from environmental pollution which have been found in human tissue including blood, urine, breast milk, and all other human tissue, such list to be prepared for the United States and to indicate approxi- mate number of cases, range of levels found, and mean levels found, directed Administrator, not later than eighteen months after Aug. 7, 1977, to publish in same manner an explanation of what is known about the manner in which chemicals entered the environment and thereafter human tissue, and directed Adminis- trator, in consultation with National Institutes of Health, the National Center for Health Statistics, and the National Center for Health Services Research and Development, to, if feasible, conduct an epidemiolog- ical study to demonstrate the relationship between lev- els of chemicals in the environment and in human tis- sue, such study to be made in appropriate regions or areas of the United States in order to determine any different results in such regions or areas, and the re- sults of such study to be reported, as soon as prac- ticable, to appropriate committee of Congress. STUDY ON REGIONAL AIR QUALITY Pub. L. 95–95, title IV, § 403(d), Aug. 7, 1977, 91 Stat. 793, directed Administrator of EPA to conduct a study of air quality in various areas throughout the country including the gulf coast region, such study to include analysis of liquid and solid aerosols and other fine par- ticulate matter and contribution of such substances to visibility and public health problems in such areas, with Administrator to use environmental health ex- perts from the National Institutes of Health and other outside agencies and organizations. RAILROAD EMISSION STUDY Pub. L. 95–95, title IV, § 404, Aug. 7, 1977, 91 Stat. 793, as amended by H. Res. 549, Mar. 25, 1980, directed Ad- ministrator of EPA to conduct a study and investiga- tion of emissions of air pollutants from railroad loco- motives, locomotive engines, and secondary power sources on railroad rolling stock, in order to determine extent to which such emissions affect air quality in air quality control regions throughout the United States, technological feasibility and current state of tech- nology for controlling such emissions, and status and effect of current and proposed State and local regula- tions affecting such emissions, and within one hundred and eighty days after commencing such study and in- vestigation, Administrator to submit a report of such study and investigation, together with recommenda- tions for appropriate legislation, to Senate Committee on Environment and Public Works and House Com- mittee on Energy and Commerce. STUDY AND REPORT CONCERNING ECONOMIC APPROACHES TO CONTROLLING AIR POLLUTION Pub. L. 95–95, title IV, § 405, Aug. 7, 1977, 91 Stat. 794, directed Administrator, in conjunction with Council of Economic Advisors, to undertake a study and assess- ment of economic measures for control of air pollution which could strengthen effectiveness of existing meth- ods of controlling air pollution, provide incentives to abate air pollution greater than that required by Clean Air Act, and serve as primary incentive for controlling air pollution problems not addressed by Clean Air Act, and directed that not later than 2 years after Aug. 7, 1977, Administrator and Council conclude study and submit a report to President and Congress. Executive Documents TRANSFER OF FUNCTIONS Reorg. Plan No. 3 of 1970, § 2(a)(3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, transferred to Administrator of Environmental Protection Agency functions vested by law in Secretary of Health, Education, and Welfare or in Department of Health, Education, and Welfare which are administered through Environmental Health Serv- ice, including functions exercised by National Air Pol- lution Control Administration, and Environmental Control Administration’s Bureau of Solid Waste Man- agement, Bureau of Water Hygiene, and Bureau of Ra- diological Health, except insofar as functions carried out by Bureau of Radiological Health pertain to regula- tion of radiation from consumer products, including electronic product radiation, radiation as used in heal- ing arts, occupational exposure to radiation, and re- search, technical assistance, and training related to ra- diation from consumer products, radiation as used in healing arts, and occupational exposure to radiation. NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL For provisions relating to establishment of National Industrial Pollution Control Council, see Ex. Ord. No. 11523, Apr. 9, 1970, 35 F.R. 5993, set out as a note under section 4321 of this title. FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS For provisions relating to responsibility of head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of this title. EXECUTIVE ORDER NO. 10779 Ex. Ord. No. 10779, Aug. 21, 1958, 23 F.R. 6487, which re- lated to cooperation of Federal agencies with State and local authorities, was superseded by Ex. Ord. No. 11282, May 26, 1966, 31 F.R. 7663, formerly set out under sec- tion 7418 of this title. EXECUTIVE ORDER NO. 11507 Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, which pro- vided for prevention, control, and abatement of air pol- lution at Federal facilities, was superseded by Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, formerly set out as a note under section 4331 of this title. PROMOTING DOMESTIC MANUFACTURING AND JOB CRE- ATION—POLICIES AND PROCEDURES RELATING TO IMPLE- MENTATION OF AIR QUALITY STANDARDS Memorandum of President of the United States, Apr. 12, 2018, 83 F.R. 16761, which related to State Implemen- tation Plans for the Regional Haze Program, was re- voked by Ex. Ord. No. 13990, § 7(d), Jan. 20, 2021, 86 F.R. 7042, set out in a note under section 4321 of this title. Page 7165 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 § 7402. Cooperative activities (a) Interstate cooperation; uniform State laws; State compacts The Administrator shall encourage coopera- tive activities by the States and local govern- ments for the prevention and control of air pol- lution; 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 The Administrator shall cooperate with and encourage cooperative activities by all Federal departments and agencies having functions re- lating to the prevention and control of air pollu- tion, so as to assure the utilization in the Fed- eral air pollution control program of all appro- priate and available facilities and resources within the Federal Government. (c) Consent of Congress to compacts 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 agen- cies, joint or otherwise, as they may deem desir- able 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 par- ticipation by a State which is not included (in whole or in part) in such air quality control re- gion. (July 14, 1955, ch. 360, title I, § 102, formerly § 2, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 393; renumbered § 102, Pub. L. 89–272, title I, § 101(3), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 485; Pub. L. 91–604, § 15(c)(2), Dec. 31, 1970, 84 Stat. 1713.) Editorial Notes CODIFICATION Section was formerly classified to section 1857a of this title. PRIOR PROVISIONS Provisions similar to those in the first clause of sub- sec. (a) of this section were contained in subsec. (b)(1) of a prior section 1857a, of this title, act July 14, 1955, ch. 360, § 2, 69 Stat. 322, prior to the general amendment of this chapter by Pub. L. 88–206. AMENDMENTS 1970—Subsecs. (a), (b). Pub. L. 91–604 substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ wherever appearing. 1967—Subsec. (c). Pub. L. 90–148 inserted declaration that it is the intent of Congress that no agreement or compact entered into between States after the date of enactment of the Air Quality Act of 1967, which for pur- poses of codification was changed to November 21, 1967, the date of approval of such Act, relating 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 (a) Research and development program for pre- vention and control of air pollution The Administrator shall establish a national research and development program for the pre- vention 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 (includ- ing health and welfare effects), extent, preven- tion, and control of air pollution; (2) encourage, cooperate with, and render technical services and provide financial assist- ance to air pollution control agencies and other appropriate public or private agencies, institutions, and organizations, and individ- uals in the conduct of such activities; (3) conduct investigations and research and make surveys concerning any specific problem of air pollution in cooperation with any air pollution control agency with a view to rec- ommending a solution of such problem, if he is requested to do so by such agency or if, in his judgment, such problem may affect any com- munity or communities in a State other than that in which the source of the matter causing or contributing to the pollution is located; (4) establish technical advisory committees composed of recognized experts in various as- pects of air pollution to assist in the examina- tion and evaluation of research progress and proposals and to avoid duplication of research; and (5) conduct and promote coordination and acceleration of training for individuals relat- ing to the causes, effects, extent, prevention, and control of air pollution. (b) Authorized activities of Administrator in es- tablishing research and development pro- gram In carrying out the provisions of the preceding subsection the Administrator is authorized to— (1) collect and make available, through pub- lications and other appropriate means, the re- sults of and other information, including ap- propriate recommendations by him in connec- tion therewith, pertaining to such research and other activities; (2) cooperate with other Federal depart- ments and agencies, with air pollution control agencies, with other public and private agen- cies, institutions, and organizations, and with any industries involved, in the preparation and conduct of such research and other activi- ties; (3) make grants to air pollution control agencies, to other public or nonprofit private agencies, institutions, and organizations, and to individuals, for purposes stated in sub- section (a)(1) of this section;