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: 42USC7651]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 7651. Findings and purposes


(a) Findings

    The Congress finds that--
        (1) the presence of acidic compounds and their precursors in the 
    atmosphere and in deposition from the atmosphere represents a threat 
    to natural resources, ecosystems, materials, visibility, and public 
    health;
        (2) the principal sources of the acidic compounds and their 
    precursors in the atmosphere are emissions of sulfur and nitrogen 
    oxides from the combustion of fossil fuels;
        (3) the problem of acid deposition is of national and 
    international significance;
        (4) strategies and technologies for the control of precursors to 
    acid deposition exist now that are economically feasible, and 
    improved methods are expected to become increasingly available over 
    the next decade;
        (5) current and future generations of Americans will be 
    adversely affected by delaying measures to remedy the problem;
        (6) reduction of total atmospheric loading of sulfur dioxide and 
    nitrogen oxides will enhance protection of the public health and 
    welfare and the environment; and
        (7) control measures to reduce precursor emissions from steam-
    electric generating units should be initiated without delay.

(b) Purposes

    The purpose of this subchapter is to reduce the adverse effects of 
acid deposition through reductions in annual emissions of sulfur dioxide 
of ten million tons from 1980 emission levels, and, in combination with 
other provisions of this chapter, of nitrogen oxides emissions of 
approximately two million tons from 1980 emission levels, in the forty-
eight contiguous States and the District of Columbia. It is the intent 
of this subchapter to effectuate such reductions by requiring compliance 
by affected sources with prescribed emission limitations by specified 
deadlines, which limitations may be met through alternative methods of 
compliance provided by an emission allocation and transfer system. It is 
also the purpose of this subchapter to encourage energy conservation, 
use of renewable and clean alternative technologies, and pollution 
prevention as a long-range strategy, consistent with the provisions of 
this subchapter, for reducing air pollution and other adverse impacts of 
energy production and use.

(July 14, 1955, ch. 360, title IV, Sec. 401, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2584.)

                          Codification

    Another section 401 of act July 14, 1955, as added by Pub. L. 91-
604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is set out as a Short Title 
note under section 7401 of this title.


                        Acid Deposition Standards

    Section 404 of Pub. L. 101-549 directed Administrator of 
Environmental Protection Agency, not later than 36 months after Nov. 15, 
1990, to transmit to Congress a report on the feasibility and 
effectiveness of an acid deposition standard or standards to protect 
sensitive and critically sensitive aquatic and terrestrial resources.


                   Industrial SO<INF>2</INF> Emissions

    Section 406 of Pub. L. 101-549 provided that:
    ``(a) Report.--Not later than January 1, 1995 and every 5 years 
thereafter, the Administrator of the Environmental Protection Agency 
shall transmit to the Congress a report containing an inventory of 
national annual sulfur dioxide emissions from industrial sources (as 
defined in title IV of the Act [42 U.S.C. 7651 et seq.]), including 
units subject to section 405(g)(6) of the Clean Air Act [42 U.S.C. 
7651d(g)(6)], for all years for which data are available, as well as the 
likely trend in such emissions over the following twenty-year period. 
The reports shall also contain estimates of the actual emission 
reduction in each year resulting from promulgation of the diesel fuel 
desulfurization regulations under section 214 [42 U.S.C. 7548].
    ``(b) 5.60 Million Ton Cap.--Whenever the inventory required by this 
section indicates that sulfur dioxide emissions from industrial sources, 
including units subject to section 405(g)(5) of the Clean Air Act [42 
U.S.C. 7651d(g)(5)], may reasonably be expected to reach levels greater 
than 5.60 million tons per year, the Administrator of the Environmental 
Protection Agency shall take such actions under the Clean Air Act [42 
U.S.C. 7401 et seq.] as may be appropriate to ensure that such emissions 
do not exceed 5.60 million tons per year. Such actions may include the 
promulgation of new and revised standards of performance for new 
sources, including units subject to section 405(g)(5) of the Clean Air 
Act, under section 111(b) of the Clean Air Act [42 U.S.C. 7411(b)], as 
well as promulgation of standards of performance for existing sources, 
including units subject to section 405(g)(5) of the Clean Air Act, under 
authority of this section. For an existing source regulated under this 
section, `standard of performance' means a standard which the 
Administrator determines is applicable to that source and which reflects 
the degree of emission reduction achievable through the application of 
the best system of continuous emission reduction which (taking into 
consideration the cost of achieving such emission reduction, and any 
nonair quality health and environmental impact and energy requirements) 
the Administrator determines has been adequately demonstrated for that 
category of sources.
    ``(c) Election.--Regulations promulgated under section 405(b) of the 
Clean Air Act [42 U.S.C. 7651d(b)] shall not prohibit a source from 
electing to become an affected unit under section 410 of the Clean Air 
Act [42 U.S.C. 7651i].''
    [For termination, effective May 15, 2000, of reporting provisions in 
section 406(a) of Pub. L. 101-549, set out above, see section 3003 of 
Pub. L. 104-66, as amended, set out as a note under section 1113 of 
Title 31, Money and Finance, and the 10th item on page 162 of House 
Document No. 103-7.]


             Sense of Congress on Emission Reductions Costs

    Section 407 of Pub. L. 101-549 provided that: ``It is the sense of 
the Congress that the Clean Air Act Amendments of 1990 [Pub. L. 101-549, 
see Tables for classification], through the allowance program, allocates 
the costs of achieving the required reductions in emissions of sulfur 
dioxide and oxides of nitrogen among sources in the United States. Broad 
based taxes and emissions fees that would provide for payment of the 
costs of achieving required emissions reductions by any party or parties 
other than the sources required to achieve the reductions are 
undesirable.''


                Monitoring of Acid Rain Program in Canada

    Section 408 of Pub. L. 101-549 provided that:
    ``(a) Reports to Congress.--The Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of State, the 
Secretary of Energy, and other persons the Administrator deems 
appropriate, shall prepare and submit a report to Congress on January 1, 
1994, January 1, 1999, and January 1, 2005.
    ``(b) Contents.--The report to Congress shall analyze the current 
emission levels of sulfur dioxide and nitrogen oxides in each of the 
provinces participating in Canada's acid rain control program, the 
amount of emission reductions of sulfur dioxide and oxides of nitrogen 
achieved by each province, the methods utilized by each province in 
making those reductions, the costs to each province and the employment 
impacts in each province of making and maintaining those reductions.
    ``(c) Compliance.--Beginning on January 1, 1999, the reports shall 
also assess the degree to which each province is complying with its 
stated emissions cap.''