US Laws, Codes, Statutes & Cases

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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: 42USC7409]

 
                 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. 7409. National primary and secondary ambient air quality 
        standards
        

(a) Promulgation

    (1) The Administrator--
        (A) within 30 days after December 31, 1970, shall publish 
    proposed regulations prescribing a national primary ambient air 
    quality standard and a national secondary ambient air quality 
    standard for each air pollutant for which air quality criteria have 
    been issued prior to such date; and
        (B) after a reasonable time for interested persons to submit 
    written comments thereon (but no later than 90 days after the 
    initial publication of such proposed standards) shall by regulation 
    promulgate such proposed national primary and secondary ambient air 
    quality standards with such modifications as he deems appropriate.

    (2) With respect to any air pollutant for which air quality criteria 
are issued after December 31, 1970, the Administrator shall publish, 
simultaneously with the issuance of such criteria and information, 
proposed national primary and secondary ambient air quality standards 
for any such pollutant. The procedure provided for in paragraph (1)(B) 
of this subsection shall apply to the promulgation of such standards.

(b) Protection of public health and welfare

    (1) National primary ambient air quality standards, prescribed under 
subsection (a) of this section shall be ambient air quality standards 
the attainment and maintenance of which in the judgment of the 
Administrator, based on such criteria and allowing an adequate margin of 
safety, are requisite to protect the public health. Such primary 
standards may be revised in the same manner as promulgated.
    (2) Any national secondary ambient air quality standard prescribed 
under subsection (a) of this section shall specify a level of air 
quality the attainment and maintenance of which in the judgment of the 
Administrator, based on such criteria, is requisite to protect the 
public welfare from any known or anticipated adverse effects associated 
with the presence of such air pollutant in the ambient air. Such 
secondary standards may be revised in the same manner as promulgated.

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

    The Administrator shall, not later than one year after August 7, 
1977, promulgate a national primary ambient air quality standard for NO2 
concentrations over a period of not more than 3 hours unless, based on 
the criteria issued under section 7408(c) of this title, he finds that 
there is no significant evidence that such a standard for such a period 
is requisite to protect public health.

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

    (1) Not later than December 31, 1980, and at five-year intervals 
thereafter, the Administrator shall complete a thorough review of the 
criteria published under section 7408 of this title and the national 
ambient air quality standards promulgated under this section and shall 
make such revisions in such criteria and standards and promulgate such 
new standards as may be appropriate in accordance with section 7408 of 
this title and subsection (b) of this section. The Administrator may 
review and revise criteria or promulgate new standards earlier or more 
frequently than required under this paragraph.
    (2)(A) The Administrator shall appoint an independent scientific 
review committee composed of seven members including at least one member 
of the National Academy of Sciences, one physician, and one person 
representing State air pollution control agencies.
    (B) Not later than January 1, 1980, and at five-year intervals 
thereafter, the committee referred to in subparagraph (A) shall complete 
a review of the criteria published under section 7408 of this title and 
the national primary and secondary ambient air quality standards 
promulgated under this section and shall recommend to the Administrator 
any new national ambient air quality standards and revisions of existing 
criteria and standards as may be appropriate under section 7408 of this 
title and subsection (b) of this section.
    (C) Such committee shall also (i) advise the Administrator of areas 
in which additional knowledge is required to appraise the adequacy and 
basis of existing, new, or revised national ambient air quality 
standards, (ii) describe the research efforts necessary to provide the 
required information, (iii) advise the Administrator on the relative 
contribution to air pollution concentrations of natural as well as 
anthropogenic activity, and (iv) advise the Administrator of any adverse 
public health, welfare, social, economic, or energy effects which may 
result from various strategies for attainment and maintenance of such 
national ambient air quality standards.

(July 14, 1955, ch. 360, title I, Sec. 109, as added Pub. L. 91-604, 
Sec. 4(a), Dec. 31, 1970, 84 Stat. 1679; amended Pub. L. 95-95, title I, 
Sec. 106, Aug. 7, 1977, 91 Stat. 691.)

                          Codification

    Section was formerly classified to section 1857c-4 of this title.


                            Prior Provisions

    A prior section 109 of act July 14, 1955, was renumbered section 116 
by Pub. L. 91-604 and is classified to section 7416 of this title.


                               Amendments

    1977--Subsec. (c). Pub. L. 95-95, Sec. 106(b), added subsec. (c).
    Subsec. (d). Pub. L. 95-95, Sec. 106(a), added subsec. (d).


                    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.


                   Termination of Advisory Committees

    Advisory committees established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a committee established by 
the President or an officer of the Federal Government, such committee is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a committee established by the Congress, its 
duration is otherwise provided for by law. See section 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.


                       Role of Secondary Standards

    Pub. L. 101-549, title VIII, Sec. 817, Nov. 15, 1990, 104 Stat. 
2697, provided that:
    ``(a) Report.--The Administrator shall request the National Academy 
of Sciences to prepare a report to the Congress on the role of national 
secondary ambient air quality standards in protecting welfare and the 
environment. The report shall:
        ``(1) include information on the effects on welfare and the 
    environment which are caused by ambient concentrations of pollutants 
    listed pursuant to section 108 [42 U.S.C. 7408] and other pollutants 
    which may be listed;
        ``(2) estimate welfare and environmental costs incurred as a 
    result of such effects;
        ``(3) examine the role of secondary standards and the State 
    implementation planning process in preventing such effects;
        ``(4) determine ambient concentrations of each such pollutant 
    which would be adequate to protect welfare and the environment from 
    such effects;
        ``(5) estimate the costs and other impacts of meeting secondary 
    standards; and
        ``(6) consider other means consistent with the goals and 
    objectives of the Clean Air Act [42 U.S.C. 7401 et seq.] which may 
    be more effective than secondary standards in preventing or 
    mitigating such effects.
    ``(b) Submission to Congress; Comments; Authorization.--(1) The 
report shall be transmitted to the Congress not later than 3 years after 
the date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 
1990].
    ``(2) At least 90 days before issuing a report the Administrator 
shall provide an opportunity for public comment on the proposed report. 
The Administrator shall include in the final report a summary of the 
comments received on the proposed report.
    ``(3) There are authorized to be appropriated such sums as are 
necessary to carry out this section.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7407, 7410, 7415, 7607, 
7612, 7651d of this title; title 10 section 2259.