US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC7408]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 7408. Air quality criteria and control techniques


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

    (1) For the purpose of establishing national primary and secondary 
ambient air quality standards, the Administrator shall within 30 days 
after December 31, 1970, publish, and shall from time to time thereafter 
revise, a list which includes each air pollutant--
        (A) emissions of which, in his judgment, cause or contribute to 
    air pollution which may reasonably be anticipated to endanger public 
    health or welfare;
        (B) the presence of which in the ambient air results from 
    numerous or diverse mobile or stationary sources; and
        (C) for which air quality criteria had not been issued before 
    December 31, 1970 but for which he plans to issue air quality 
    criteria under this section.

    (2) The Administrator shall issue air quality criteria for an air 
pollutant within 12 months after he has included such pollutant in a 
list under paragraph (1). Air quality criteria for an air pollutant 
shall accurately reflect the latest scientific knowledge useful in 
indicating the kind and extent of all identifiable effects on public 
health or welfare which may be expected from the presence of such 
pollutant in the ambient air, in varying quantities. The criteria for an 
air pollutant, to the extent practicable, shall include information on--
        (A) those variable factors (including atmospheric conditions) 
    which of themselves or in combination with other factors may alter 
    the effects on public health or welfare of such air pollutant;
        (B) the types of air pollutants which, when present in the 
    atmosphere, may interact with such pollutant to produce an adverse 
    effect on public health or welfare; and
        (C) any known or anticipated adverse effects on welfare.

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

    (1) Simultaneously with the issuance of criteria under subsection 
(a) of this section, the Administrator shall, after consultation with 
appropriate advisory committees and Federal departments and agencies, 
issue to the States and appropriate air pollution control agencies 
information on air pollution control techniques, which information shall 
include data relating to the cost of installation and operation, energy 
requirements, emission reduction benefits, and environmental impact of 
the emission control technology. Such information shall include such 
data as are available on available technology and alternative methods of 
prevention and control of air pollution. Such information shall also 
include data on alternative fuels, processes, and operating methods 
which will result in elimination or significant reduction of emissions.
    (2) In order to assist in the development of information on 
pollution control techniques, the Administrator may establish a standing 
consulting committee for each air pollutant included in a list published 
pursuant to subsection (a)(1) of this section, which shall be comprised 
of technically qualified individuals representative of State and local 
governments, industry, and the academic community. Each such committee 
shall submit, as appropriate, to the Administrator information related 
to that required by paragraph (1).

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

    The Administrator shall from time to time review, and, as 
appropriate, modify, and reissue any criteria or information on control 
techniques issued pursuant to this section. Not later than six months 
after August 7, 1977, the Administrator shall revise and reissue 
criteria relating to concentrations of NO2 over such period (not more 
than three hours) as he deems appropriate. Such criteria shall include a 
discussion of nitric and nitrous acids, nitrites, nitrates, 
nitrosamines, and other carcinogenic and potentially carcinogenic 
derivatives of oxides of nitrogen.

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

    The issuance of air quality criteria and information on air 
pollution control techniques shall be announced in the Federal Register 
and copies shall be made available to the general public.

(e) Transportation planning and guidelines

    The Administrator shall, after consultation with the Secretary of 
Transportation, and after providing public notice and opportunity for 
comment, and with State and local officials, within nine months after 
November 15, 1990,\1\ and periodically thereafter as necessary to 
maintain a continuous transportation-air quality planning process, 
update the June 1978 Transportation-Air Quality Planning Guidelines and 
publish guidance on the development and implementation of transportation 
and other measures necessary to demonstrate and maintain attainment of 
national ambient air quality standards. Such guidelines shall include 
information on--
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    \1\ See Codification note below.
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        (1) methods to identify and evaluate alternative planning and 
    control activities;
        (2) methods of reviewing plans on a regular basis as conditions 
    change or new information is presented;
        (3) identification of funds and other resources necessary to 
    implement the plan, including interagency agreements on providing 
    such funds and resources;
        (4) methods to assure participation by the public in all phases 
    of the planning process; and
        (5) such other methods as the Administrator determines necessary 
    to carry out a continuous planning process.

(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

    (1) The Administrator shall publish and make available to 
appropriate Federal, State, and local environmental and transportation 
agencies not later than one year after November 15, 1990, and from time 
to time thereafter--
        (A) information prepared, as appropriate, in consultation with 
    the Secretary of Transportation, and after providing public notice 
    and opportunity for comment, regarding the formulation and emission 
    reduction potential of transportation control measures related to 
    criteria pollutants and their precursors, including, but not limited 
    to--
            (i) programs for improved public transit;
            (ii) restriction of certain roads or lanes to, or 
        construction of such roads or lanes for use by, passenger buses 
        or high occupancy vehicles;
            (iii) employer-based transportation management plans, 
        including incentives;
            (iv) trip-reduction ordinances;
            (v) traffic flow improvement programs that achieve emission 
        reductions;
            (vi) fringe and transportation corridor parking facilities 
        serving multiple occupancy vehicle programs or transit service;
            (vii) programs to limit or restrict vehicle use in downtown 
        areas or other areas of emission concentration particularly 
        during periods of peak use;
            (viii) programs for the provision of all forms of high-
        occupancy, shared-ride services;
            (ix) programs to limit portions of road surfaces or certain 
        sections of the metropolitan area to the use of non-motorized 
        vehicles or pedestrian use, both as to time and place;
            (x) programs for secure bicycle storage facilities and other 
        facilities, including bicycle lanes, for the convenience and 
        protection of bicyclists, in both public and private areas;
            (xi) programs to control extended idling of vehicles;
            (xii) programs to reduce motor vehicle emissions, consistent 
        with subchapter II of this chapter, which are caused by extreme 
        cold start conditions;
            (xiii) employer-sponsored programs to permit flexible work 
        schedules;
            (xiv) programs and ordinances to facilitate non-automobile 
        travel, provision and utilization of mass transit, and to 
        generally reduce the need for single-occupant vehicle travel, as 
        part of transportation planning and development efforts of a 
        locality, including programs and ordinances applicable to new 
        shopping centers, special events, and other centers of vehicle 
        activity;
            (xv) programs for new construction and major reconstructions 
        of paths, tracks or areas solely for the use by pedestrian or 
        other non-motorized means of transportation when economically 
        feasible and in the public interest. For purposes of this 
        clause, the Administrator shall also consult with the Secretary 
        of the Interior; and
            (xvi) program to encourage the voluntary removal from use 
        and the marketplace of pre-1980 model year light duty vehicles 
        and pre-1980 model light duty trucks.

        (B) information on additional methods or strategies that will 
    contribute to the reduction of mobile source related pollutants 
    during periods in which any primary ambient air quality standard 
    will be exceeded and during episodes for which an air pollution 
    alert, warning, or emergency has been declared;
        (C) information on other measures which may be employed to 
    reduce the impact on public health or protect the health of 
    sensitive or susceptible individuals or groups; and
        (D) information on the extent to which any process, procedure, 
    or method to reduce or control such air pollutant may cause an 
    increase in the emissions or formation of any other pollutant.

    (2) In publishing such information the Administrator shall also 
include an assessment of--
        (A) the relative effectiveness of such processes, procedures, 
    and methods;
        (B) the potential effect of such processes, procedures, and 
    methods on transportation systems and the provision of 
    transportation services; and
        (C) the environmental, energy, and economic impact of such 
    processes, procedures, and methods.

(g) Assessment of risks to ecosystems

    The Administrator may assess the risks to ecosystems from exposure 
to criteria air pollutants (as identified by the Administrator in the 
Administrator's sole discretion).

(h) RACT/BACT/LAER clearinghouse

    The Administrator shall make information regarding emission control 
technology available to the States and to the general public through a 
central database. Such information shall include all control technology 
information received pursuant to State plan provisions requiring permits 
for sources, including operating permits for existing sources.

(July 14, 1955, ch. 360, title I, Sec. 108, as added Pub. L. 91-604, 
Sec. 4(a), Dec. 31, 1970, 84 Stat. 1678; amended Pub. L. 95-95, title I, 
Secs. 104, 105, title IV, Sec. 401(a), Aug. 7, 1977, 91 Stat. 689, 790; 
Pub. L. 101-549, title I, Secs. 108(a)-(c), (o), 111, Nov. 15, 1990, 104 
Stat. 2465, 2466, 2469, 2470; Pub. L. 105-362, title XV, Sec. 1501(b), 
Nov. 10, 1998, 112 Stat. 3294.)

                          Codification

    November 15, 1990, referred to in subsec. (e), was in the original 
``enactment of the Clean Air Act Amendments of 1989'', and was 
translated as meaning the date of the enactment of Pub. L. 101-549, 
popularly known as the Clean Air Act Amendments of 1990, to reflect the 
probable intent of Congress.
    Section was formerly classified to section 1857c-3 of this title.


                            Prior Provisions

    A prior section 108 of act July 14, 1955, was renumbered section 115 
by Pub. L. 91-604 and is classified to section 7415 of this title.


                               Amendments

    1998--Subsec. (f)(3), (4). Pub. L. 105-362 struck out par. (3), 
which required reports by the Secretary of Transportation and the 
Administrator to be submitted to Congress by Jan. 1, 1993, and every 3 
years thereafter, reviewing and analyzing existing State and local air 
quality related transportation programs, evaluating achievement of 
goals, and recommending changes to existing programs, and par. (4), 
which required that in each report after the first report the Secretary 
of Transportation include a description of the actions taken to 
implement the changes recommended in the preceding report.
    1990--Subsec. (e). Pub. L. 101-549, Sec. 108(a), inserted first 
sentence and struck out former first sentence which read as follows: 
``The Administrator shall, after consultation with the Secretary of 
Transportation and the Secretary of Housing and Urban Development and 
State and local officials and within 180 days after August 7, 1977, and 
from time to time thereafter, publish guidelines on the basic program 
elements for the planning process assisted under section 7505 of this 
title.''
    Subsec. (f)(1). Pub. L. 101-549, Sec. 108(b), in introductory 
provisions, substituted present provisions for provisions relating to 
Federal agencies, States, and air pollution control agencies within 
either 6 months or one year after Aug. 7, 1977.
    Subsec. (f)(1)(A). Pub. L. 101-549, Sec. 108(b), substituted present 
provisions for provisions relating to information prepared in 
cooperation with Secretary of Transportation, regarding processes, 
procedures, and methods to reduce certain pollutants.
    Subsec. (f)(3), (4). Pub. L. 101-549, Sec. 111, added pars. (3) and 
(4).
    Subsec. (g). Pub. L. 101-549, Sec. 108(o), added subsec. (g).
    Subsec. (h). Pub. L. 101-549, Sec. 108(c), added subsec. (h).
    1977--Subsec. (a)(1)(A). Pub. L. 95-95, Sec. 401(a), substituted 
``emissions of which, in his judgment, cause or contribute to air 
pollution which may reasonably be anticipated to endanger public health 
or welfare'' for ``which in his judgment has an adverse effect on public 
health or welfare''.
    Subsec. (b)(1). Pub. L. 95-95, Sec. 104(a), substituted ``cost of 
installation and operation, energy requirements, emission reduction 
benefits, and environmental impact of the emission control technology'' 
for ``technology and costs of emission control''.
    Subsec. (c). Pub. L. 95-95, Sec. 104(b), inserted provision 
directing the Administrator, not later than six months after Aug. 7, 
1977, to revise and reissue criteria relating to concentrations of NO2 
over such period (not more than three hours) as he deems appropriate, 
with the criteria to include a discussion of nitric and nitrous acids, 
nitrites, nitrates, nitrosamines, and other carcinogenic and potentially 
carcinogenic derivatives of oxides of nitrogen.
    Subsecs. (e), (f). Pub. L. 95-95, Sec. 105, added subsecs. (e) and 
(f).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 7403, 7409, 7411, 7412, 
7417, 7422, 7504, 7508, 7511a, 7511b, 7513b, 7602 of this title; title 
23 sections 133, 149.