Appendix — New Jersey Citizens for Clean Air, Inc. v. New Jersey Sports & Exposition Authority

Supreme Court brief1973

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Text

PRE ecco row

LIBRARY. . cont, U-

; Supreme

cunnmen-count;0; 6-9-3" 36 | wT LED

In The NUG 3 1918

Supreme Court of the Hnited|s

October Term, 1973

No. A-1154

NEW JERSEY CITIZENS FOR CLEAN AIR, INC., et al., .

Petitioners,

U8.

NEW JERSEY SPORTS AND EXPOSITION AUTHORITY,

Respondent.

APPENDIX

FREDERICK C,. MEZEY

Attomey for Petitioners

MEZEY & MEZEY

93 Bayard Street

New Brunswick, New Jersey 08901

(201) 545-6011

LUTZ APPELLATE PRINTERS, INC.

(6395) Law and Financia! Printing

South River, N.J. New York, N.Y. Philadelphia, Pa. Washington, D.C.

ES Ae aE RE eTAGeE

a etn se 8 mt Mag

dS: Sala aR OLE

| INDEX

Page

Clean Air Act, 42 U.S.C. $1857 et seq.,

Chapter 15B Air Pollution Control. ... la

New Jersey Sports and Exposition Au-

thority Act . e . e e . . . on e e . = . . 73a

38 Fed. Reg. 6279(March8,1973)..... 117a

38 Fed. Reg. 9599 (April 18, 1973) .... 128a

Fed. Reg. 17782 (July 3, 1973) ...... 140a

| New Jersey State Implementation Plan to

| Meet Federal Air Quality Standards .. 200a

Excerpts from Transcript.......... 202a

Excerpt from Exceptions and Objections. . 219a

Excerpts of Brief (Points IIa and Point

III) e _ — e * . e . e e J — e e e °° e e . ee 220a

Excerpts of Hearing Officers Recom-

kee te tet e eee s Me

Decision of Commissioner of New Jersey

Department of Environment Protection. . 262a

Opinion of the Supreme Court ....... 264a

Petition for Rehearing .......... 273a

DA NORTE OS,

Indez

Repetition for Rehearing .......

Denial of Petition for Rehearing ...

Denial of Repetition for Rehearing...

Excerpts of Draft ImpactAnalysis ....

Statements of New Jersey Department of

Environmental Protection Officials,

New York Times, June 12,1973 ....

Statements of Chief Justice Weintraub of

the New Jersey Supreme Court, Daily

Home News, Dec. 19,1972 ......-.

Statements of Chief Justice Weintraub

of the New Jersey Supreme Court,

Star Ledger, Dec. 19, 1972 ......

Statements of Richard J. Sullivan, Com-

missioner of the New Jersey Depart-

ment of Environmental Protection, New

York Times, June 23, 1973 ......

Statements of Richard J. Sullivan, Com-

missioner of New Jersey Department

of Environmental Protection, New York

Times, duly 19, 1973... cccccecece

304a

305a

308a

3lla

313a

BEV LY LEENA PRS FRIAS Ts CPA aI

itt

Indez

Page

Notice Given of Intention to File Related

Suit 2. ee eee eee eer eeeees 315a

Complaint Filed in Related Case ..... 319a

Li, SR AS BRNO TRAL AION III IEE CLE ay AD

Clean Air Act

42 U.S. C. 81857 Et Seq.

Chapter 158 Air Pollution Contre!

SUBCHAPTER I.—AJR POLLUTION PREVENTION

D CONTROL

§ 1857. Congressional findings; purposes of subchapter

(a) The Congress finds—

(1) that the predominant part of the Nation’s population is lo-

cated in its rapidly expanding metropolitan and other urban

areas, which generally cross the boundary lines of local juris-

dictions and often extend into two or more States;

(2) that the growth in the amount and complexity of air pollu-

tion 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 livestuck, damage to and the deterioration

of property, and hazards to air and ground transportation;

(3) that the prevention and control of air pollution at its

source is the primary responsibility of States and local govern-

ments; and

(4) that Federal financial assistance and leadership is essen-

tial for the development of cooperative Federal, State, regional,

and local programs to prevent and control air pollution.

(b) The purposes of this subchapter are—

(1) to protect and enhance the quality of the Nation’s air re-

sources 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 develop-

ment program to achieve the prevention and control of air pollu-

tion;

(3) to provide technical and financial assistance to State and

local governments in connection with the development and exe-

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cution of their air pollution prevention and contro! programs;

and

(4) to encourage and assist the development and operation

of regional air pollution control programs.

July 14, 1955, c. 360, Title I, § 101, formerly § 1, as added Dec. 17,

1963, Pub.L. 88-206, § 1, 77 Stat. 392, renumbered and amended Oct.

20, 1965, Pub.L. 89-272, Title I, § 101(2), (3), 79 Stat. 992; Nov. 21,

1967, Pub.L. 90-148, § 2, 81 Stat. 485.

§ 1857a. Cooperative activities—Interstate cooperation; uniform

State laws; State compacts

(a) The Administrator shall encourage cooperative activities by the

States and local governments for the prevention and control of air pollu-

tion; encourage the enactment of improved and, so far as practicablo 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.

Federal Ceoperation

(b) 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 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.

Consent of Congress to compacts

States to negotiate and enter into agreements or compacts, not in

conflict with any law or treaty of the United States, for (1) coopera-

tive 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 other-

wise, as they may deem desirable for making effective such agree-

ments 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

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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 (én whole or in part) in such air quality

control region.

July 14, 1955, c. 360, Title I, § 102, formerly § 2, as added Dec. 17,

1963, Pub.L. 88-206, § 1, 77 Stat. 393, renumbered Oct. 20, 1965, Pub.

L. 89-272, Title I, § 101(3), 79 Stat. 992, amended Nov. 21, 1967, Pub.

L. 90-148, § 2, 81 Stat. 485, amended Dec. 31, 1970, Pub.L. 91-604,

$ 15(c)(2), 84 Stat. 1713.

§ 1857b. Research, investigations, training, and other activities—Re-

search and development program for prevention and control of air pollu-

tion

(a) The Administrator shall establish a national research and develop-

ment 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, training, demonstra-

tions, surveys, and studies relating to the causes, 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 ac-

tiviiies;

(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 recommend-

ing a sclution of such problem, if he is requested to do so by such

agency or if, in his judgment, such problem may affect any

community or communities in a State other than that in which

the source of the matter causing or contributing to the pollution

is located;

Clean Air Act

(4) establish technical advisory committecs. composed of rec-

ognized experts in various aspects of air pollution to assist in

the examination and evaluation of research progress and propos-

als and to avoid duplication of research.

Availability of information and re dati 3 Ceoperntive activities; re-

search grants, etc.; contract; training; fellowships; collection and dis-

semination of basic data on chemical, physical and biological effects of

alr quality; Process, method and device development

(b) In carrying out the provisions of the preceding subsection the

Admini strator is authorized to -

(1) collect and make available, through publications and other

appropriate means, the results of and other information, includ-

ing appropriate recommendations by him in connection there-

with, pertaining to such research and other activities ;

(2) cooperate with other Federal departments and agencies,

with air pojlution control arencies, with other public and private

agencies, insiitutions, and organizations, and with any industries

involved, in the preparation and conduct of such research and

other activities;

(3) make grants to air pollution control agencies, to other

public or nonprofit private agencies, institutions, and organiza-

tions, and to individuals, for Purposes stated in subsection (a)

(1) of this section;

(4) contract with public or private agencies, institutions, and

organizations, and with individuals, without regard to section

529 of Title 31 and section 5 of Title 41;

(5) provide training for, and make training grants to, Person-

nel of air pollution control agencies and other persons with suit-

able qualifications;

(6) establish and Maintain research fellowships, in the Environ-

mental Protection Agency and at public or nonprofit private educa-

tional institutions or research organizations;

Clean Air Act

(7) collect and disseminate, in cooperation with other Federal

departments and agencies, and with other public or private agen-

cies, institutions, and organizations having related responsibil-

ities, basic data on chemiéal, physical, and biological effects of

varying air quality and other information pertaining to air pol-

lution and the prevention and control thereof; and

(8) develop effective and practical processes, methods, and

prototype devices for the prevention or control of air pollution.

~ = °. * ? * tl * * e

Results ef other scientific studies

Administrator shall conduct research on, and survey the results of other

scientific studies on, the harmful! effects on the health or welfare of per-

sons by the various known air pollutants.

Construction of facilities

(d) The Administrator is authorized to construct such facilities and .

staff and equip them as he determines to be necessary to carry out his

functions under this chapter.

Potential alr pollution problems; conferences; findings and

dations of Administrator

(e) If, in the judgment of the Administrator, an air pollution problem

of substantial significance may result from discharge or discharges into

the atmosphere, he may call a conference concerning this potential air

pollution problem to be held in or near one or more of the places where

such discharge or discharges are occurring or will occur. All interested

persons shall be given an opportunity to be heard at such conference, ei-

ther orally or in writing, and shall be permitted to appear in person or by

representative in accordance with procedures prescribed by the Adminis-

trator. If the Administrator finds, on the basis of the evidence presented

at such conference, that the discharge or discharges if permitted to take

place or continue are likely to cause or contribute to air pollution subject

to abatement under section 18574 of this title, he shall send such findings,

together with recommendations concerning the measures which he finds

reasonable and suitable to prevent such pollution, to the person or persons

whose actions will result in the discharge or discharges involved; to air

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pollution agencies of the State or States and of the municipality or mu-

nicipalities where such discharge or discharges will originate; and to the

interstate air pollution control agency, if any, in the jurisdictional area

of which any such municipality is located. Such findings and recom-

mendations shall be advisory only, but shall be admitted together with

the record of the conference, as part of the proceedings under subsections

(b), (c), (d), (e), and (f) of section 18574 of this title.

Accelerated research program en shert. and leng-term effects of air pollut-

ante; eenduct of edie, “utilisation eof facilities, and econsulta-

tions; duration of contracts; authorisation ef appropriations

(f)(1) In carrying out research pursuant to this chapter, the Admin-

istrator shall give special emphasis to research on the short- and long-

term effects of air pollutants on public health and welfare. In the fur-

therance of such research, he shall conduct an accelerated research pro-

gram—

(A) to improve knowledge of the contribution of afr pollutants

to the occurrence of adverse effects on health, including, but not

limited to, behavioral, physiological, toxicological, and biochemical

effecis; and

(B) to improve knowledge of the short- and long-term effects of

air pollutants on welfare.

(2) In carrying out the provisions of this subsection the Administrator

may—

{A) conduct epidemiological studies of the effects of air pollutants

on mortality and morbidity;

(B) conduct clinical and laboratory studies on the immunologic,

biochemical, physiological, and the toxicological effects including

carcinogenic, teratogenic, and mutagenic effects of air pollutants;

126U.SCA.

1972 P.P.

Federal scientific laboratories and research centers;

(D) utilize the authority contained in paragraphs (1) through

(4) of subsection (b) of this section; and

(E) consult with other appropriate Federal agencies to assure

that research or studies conducted pursuant to this subsection will

be courdinated with research and studies of such other Federal

agencies.

(3) In entering into contracts under this subsection, the Adminis-

Clean Air Act

trator is authorized to contract for a term not to exceed 10 years in

duration. For the purposes of this paragraph, there are authorized

to be appropriated $15,000,000. Such amounts as are appropriated

shall remain available until expgnded and shall be in addition to apy.

other appropriations under this chapter.

As amended Dec. 31, 1970, Pub:L. 91-604, §§ 2(a), 4(2), 15(a) (2),

§ 1857b—1. Research relating to fuels and vehicles—Research pro-

grams; grants; contracts; pilot and demonstration plants; byproducts

research

(a) The Administrator shall give special emphasis to research and

development into new and improved methods, having industry-wide

application, for the prevention and control of air pollution resulting

from the combustion of fuels. In furtherance of.such researeh and

development he shall—

(1) conduct and accelerate research programs directed toward

development of improved, low-cost techniques for—

(A) control of combustion byproducts of fuels,

(B) removal of potential air pollutants from fueis prior

to combustion,

(D) improving the efficiency of fuels combustion so as to

decrease atmospheric emissions, and

(E) producing synthetic or new fuels which, when used,

result in decreased atmospheric emissions.

(2) provide for Federal grants to public or nonprofit agencies,

institutions, and organizations and to individuals, and. contracts

with public or private agencies, institutions, or persons, for pay-

ment of (A) part of the cost of acquiring, constructing. or other-

wise securing for research and development purposes, new or im-

proved devices or methods having industrywide application of pre-

PUBLIC HEALTH AND WELFARE 42 § 1857c

venting or controlling discharges into the air of various types of

pollutants; (B) part of the cost of programs to develop low emission

alternatives to the present internal combustion engine; (C) the

cost to purchase vehicles and vehicle engines, or portions thereof,

for research, development, and testing purposes; and (D) carrying

out the other provisions of this section, without regard to section

BIEN IIS LILI NEI IO a tn CAPE

Clean Air Act

529 of Title 31 and section 5 of Title 41: Provided, That research

or demonstration contracts awarded pursuant to this subsection

(including contracts for construction) may be made in accordance

with, and subject to the limitations provided with respect to re-

search contracts of the military departments in, section 2353 of

Title 10, except that the determination, approval, and certification

required thereby shall be made by the Secretary: Provided further,

That no grant may be made under this paragraph in excess of $1,-

500,000;

2 * * * cd * * - ~ _

(3) determine, by laboratory and pilot plant testing, the re-

sults of air pollution research and studies in order to develop

new or improved processes and plant designs to the point where

they can be demonstrated on a large and practical scale;

(4) construct, operate, and maintain, or assist in meeting the

cost of the construction, operation, and maintenance of new or

improved demonstration plants or processes which have promise

of accomplishing the purposes of this chapter;

(5) study new or improved methods for the recovery and

marketing of commercially valuable byproducts resulting from

the removal of pollutants.

Pewers ef Secretary in establixhing research and devclopment programs

(b) In carrying out the provisions of this section, the Administrator

may—

(1) conduct and accelerate research and development of low-

cost instrumentation techniques to facilitate determination of

quantity and quality of air pollutant emissions, including, but

not limited to, automotive emissions;

(2) utilize, on a reimbursable basis, the facilities of existing

Federal scientific laboratories ;

(3) establish and operate necessary facilities and test sites

at which to carry on the research, testing, development, and

programing necessary to effectuate the purposes of this section;

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Clean Air Act

(4) acquire secret processes, technical data, inventions, pat-

ent applications, patents, licenses, and an interest in lands,

plants, and facilities, and other property or rights by purchase,

license, lease, or donation ;¢ and

(5) cause on-site inspections to be made of promising domes-

tic and foreign projects, and cooperate and participate in their

development in instances in which the purposes of the chapter

wil] be served thereby.

Authorisation ef appropriations

priated $75,000,000 for the fiscal year ending June 30, 1971, $125,000,-

000 for the fiscal year ending June 30, 1972, $150,000,000 for the fiscal

year ending June 30, 1973, and $150,000,000 for the fiscal year ending

June 30, 1974. Amounts appropriated pursuant to this subsection shall

remain available until expended.

As amended Apr. 9, 1973, Pub.L. 93-15 § 1(a), 87 Stat. 11.

§ 1857c. Grants for support of air pollution planning and control

programs—Amounts; limi(ations; assurances of plan development cap-

ahility

(a) (1) (A) The Administrator may make grants to air pollution

control agencies in an amount up to two-thirds of the cost of planning,

developing, establishing, or improving, and up to one-half of the cost of

maintaining. programs for the prevention and control of air pollution

or implementation of national primary and secondary ambient air quality

standards.

(B) Subject to subparagraph (C), the Administrator may make grants

to air pollution control ageucies within the meaning of paragraph (1),

(2), or (4) of section 1857h(b) of this title in an amount up to three-

fourths of the cost of planning, developing, establishing, or improving,

aud up to three-fifths of the cost of maintaining, any program for the

prevention and control of air pollution or implementation of national

primary and secondary ambient air quality standards in an area that

includes two or more municipalities, whether in the same or different

States.

for which there is an applicable implementation plan under section

1857c—5 of this title grants under subparagraph (B) may be made

Ol PLIES OCB 5) PMG The

10a

Clean Air Act

Only to air pollution control agencies which have substantial respousi-

bilities for carrying out such applicable implementation plan.

(2) Before approving any grant under this subsection to any air

pollution control agency within the meaning of sections 1857h (b) (2)

and 1857h(b) (4) of this title, the Administrator shall receive assaur-

ances that such agency provides for adequate representation of appro-

priate State, interstate, local, and (when appropriate) international,

interests in the air quality control region.

(3) Before approving any planning grant under this subsection to

any air pollution control agency within the meaning of sections 1857h(b)

(2) and 1857h(b) (4) of this title, the Administrator shall receive

assurances that such agency has the capability of developing a compre-

hensive air quality plan for the air quality control region, which plan

shall include (when appropriate) a recommended system of alerts to

avert and reduce the risk of situations in which there may be imminent

and serious danger to the public health or welfare from air pollutants

and the various aspects relevant to the establishment of air quality

standards for such air quality control region, including the concentration

of industries, other commercial establishments, population and naturally

occurring factors which shall affect such standards.

Terms and conditions; regulations; factors for considerations

expenditure and consultation requirements

(b) From the sums available for the purposes of subsection (a)

of this section for any fiscal year, the Administrator shall from time

to time make grants to air pollution control agencies upon such terms

and conditions as the Administrator may find aecessary to carry out

the purpose of this section. In establishing regulations for the granting

of such funds the Administrator shall, so far as practicable, give due

consideration to (1) the population, (2) the extent of the actual or

potential air pollution problem, and (3) the financial need of the re-

spective agencies. No agency shall receive any grant under this section

during any fiscal year when iis expenditures of non-Federal funds for

other than nonrecurrent expenditures for alr pollution control programs

will be less than its expenditures were for such programs during the

preceding fiscal year; and no agency shall receive any grant under this

section with respect to the maintenance of a program for the prevention

and control of air pollution unless the Administrator is satisfied that

such grant will be so used as to supplement and, to the extent practicable,

increase the level of State, local, or other non-Federal funds that would

<del aa,

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Clean Air Act

in the absence of such grant be made available for the maintenance of

such program, and will in no event supplant such State, local, or other

non-Federal funds. No grant shall be made under this section until

the Administrator has consulted with the appropriate official as desig-

nated by the Governor or’ Governors of the State or States affected. :

State expenditure Mmitation

or allocated for the purposes of subsection (a) of this section shall be

granted for air pollution control programs in any one State. In the

case of a grant for a program in an area crossing State boundaries, the

Administrator shall determine the portion of such grant that is chargeable

to the percentage limitation under this subsection for each State into

which such area extends.

Reduction of payments; availability of red d tus

uced tas de d paid to agency for purpose

of determining amount of grant

(d) The Administrator, with the concurrence of any recipient of

a grant under this section, may reduce the payments to such recipient

by the amount of the pay, allowances, traveling expenses, and any other

costs in connection with the detail of any officer or employee to the

recipient under section 1857g of this title, when such detail is for the

convenience of, and at the request of, such recipient and for the pur-

pose of carrying out the provisions of this chapter. The amount by

which such payments have been reduced shall be available for payment

of such costs by the Administrator, but shall, for the purpose of deter-

mining the amount of any grant to a recipient under subsection (a) of

this section, be deemed to have been paid to such agency.

AS amended Dec. 31, 1970, Pub.L. 91-604, §§ 3(a), (b) (1), 15(c) (2),

84 Stat. 1677, 1713.

§ 1857c—1. Interstate air quality agencies; program cost limitations

For the purpose of developing implementation plans for any interstate

air quality control region designated pursuant to section 1857c—2 of this

title, the Administrator is authorized to pay, for two years, up to 100

per centum of the air quality planning program costs of any agency

designated by the Governors of the affected States, which agency shall

be capable of recommending to the Governors plans for implementation

of national primary and secondary ambient tir quality standards and

shall include representation from the States and appropriate political

subdivisions within the air quality control region. After the initial

LOC PENG A DO

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two-year perind the Administrator is authorized to make grants to such

agency in an amount up to three-fourths of the air quality planning

program costs of such agency.

As amended Dec. 31, 1970, Pub.L. 91-604, § 3(c), 84 Stat. 1677.

§ 18570—2. Air quality control regions—Responsibility of State for

air quality; submission of implementation plan

(a) Each State shall have the primary responsibility for assuring

air quality within the entire geographic area comprising such State by

submitting an implementation plan for such State which will specify the

manner in which national primary and secondary ambient air quality

standards will be achieved and maintained within each air quality coutroi

region in such State.

Designated regions

(b) For purposes of developing and carrying out implementation plans

under section 1857c—5 of this title—

(1) an air quality control region designated under this section

before December 31, 1970, or a region designated after such date

under subsection (c) of this section, shall be an air quality control

region; and

(2) the portion of such State which is not part of any such

designated region shall be an air quality control region, but such

portion may be subdivided by the State into two or more air quality

control regions with the approval of the Administrator.

Authority of Administrator to designate regions; netilication

of Governors of uffected States

({c) The Administrator shall, within 90 days after December 31, 1970,

after consultation with appropriate State and local authorities, designate

as an air quality contro] region any interstate area or major intrastate

area which he deems necessary or appropriate for the attainment and

maintenance of ambient air quality standards. The Administrator shall

immediately notify the Governors of the affected States of any designation

made under this subsection.

July 14, 1955, c. 360, Title I, § 107, as added Dec. 31, 1970, Pub.L. 91-

604, § 4(a), 84 Stat. 1678.

§ 18357c—3. Air quality criteria and control ceehniques—Air pol-

lutant list; publication and revision by Administrator; issuance of air

quality criteria for air pollutants

Coat iat th Cee SOME OREM SL le,

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Clean Air Act

(a) (1) For the purpose of establishing national primary and sec-

ondary 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 alr pollutant—

(A) which in his judgment has an adverse effect on public health

or welfare;

(B) the presence of which in the ambfert air results from nu-

merous or diverse mobile or stationary sources; and

(Cc) for which cir 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 indi-

cating 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 pol-

lutant, 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 at-

mosphere, 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.

Issuance by Adminiatrater of information on alr pollution

control techniques; standing consulting committees

for alr pollutants; establishment; membership

(b) (1) Simultaneously with the issuance of criteria under subsec-

tion (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 in-

formation on air pollution control techniques, which information shall

include data relating to the technology and costs of emission control.

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,

processe3, and operating methods which will result in elimination or sig-

nificant reduction of emissions.

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Clean Air Act

(2) In order to assist in the development of information on pollution

control techniques, the Administrator may establish a standing consulting

cominittee for each air pollutant included in a list published pursuant

ta subsection (a) (1) of thir section, which shall be comprised of tech-

nicaily qualified individuals representative of State and local govern-

ments, industry, and the academic community. Each such committee

shall submit, as appropriate, to the Administrator information related

to that required by paragraph (1).

Heview, modification, and reiasuance by Administrator

priate, modify, and reissue any criteria or information on control tech-

niques issued pursuant to this section.

Peblication in Federal Register; avaliability of copies

for general public

(ad) The issuance of air quality criteria and information on air pollu-

tion control techniques shall be announced in the Federal Register

and copies shall be made available to the general public.

July 14, 1955, c. 360, Title I, § 108, as added Dec. 31, 1970, Pub.L.

91-604, § 4(a), 84 Stat. 1678.

§ 18357c—4. National primary and secondary ambient air quality

standards; promulgation; procedure

(a) (1) The Administrator—

(A) within 30 days after December 31, 1979, shall publish pro-

posed regulations prescribing a national primary ambient air quality

standard and a national secondary ambient air quality standard

for euch air pollutant for which air quality criteria have been isaued

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 appro-

priate.

(2) With respect to any air pollutant for which air quality criteria

are issued after December 31, 1970, the Administrator shail publish,

simultaneously with the issuance of such criteria and information, pro-

‘ me oot

15a

Clean Air Act

posed 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) (1) National primary ambient air quality standards, prescribed

under subsection (a) of this se¢tion shall be ambient air quality stand-

ards 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 a8 promulgated ~

(2) Any national secondary ambient air quality standard pre cribed

under subsection (a) of this section shall specify a level of air quality

the attainment’ and maintenance of which in the judgment of the Ad-

ministrator, 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 seeondary

standards may be revised in the same manner as promulgated.

July 14, 1955, c. 360, Title I, § 109, as added Dec. 31, 1970. Pub.L.

91-604, § 4(a), 84 Stat. 1679.

§ 1857¢—5. State implementation plans for national primary and

secondary ambient air quality standurds—Submission to Administrator;

time for submission; State procedures; required contents of pians for

approval by Administrator; approval of revised plan by Administrator

(a) (1) Each State shall, after reasonable notice and public hearings,

adopt and submit to the Administrator, within nine months after the

promulgation of 2 national primary ambient air quality standard (or

any revision thereof) under section 1857c—4 of this title for any air

pollutant, a plan which provides for implementation, maintenance, ard

enforcement of such primary standard in each air quality control region

(or portion thereof) within such State. In addition, such State shall

adopt and submit to the Administrator (either as a part of a plan sub-

mitted under the preceding sentence or separately) within nine months

after the promulgation of a national ambient air quality secondary stand-

ard (or revision thereof), a plan which provides for implementation,

maintenance, and enforcement of such secondary standard in each air

quality control region (or portion thereof) within such State. Unless

PUBLIC HEALTH AND WELFARE 42 § 1857c-5

a@ separate public hearing is provided, each State shall consider its plan

implementing such secondary standard at the hearing required by the

Pati PEF AONE ABN NI BPEL 82 OIL LOD MME ATBY BEL DRL IDS OB br)

16a

Clean Air Act

first sentence of this paragraph.

(2) The Administrator shall, within four months after the date

required for submission of a plan under paragraph (1), approve or

disapprove such plan or each portion thereof. The Administrator shall

approve such pian, or any portion thereof, if he determines that it was

adopted after reasonable notice and hearing and that-—

(A) (1) in the case of a plan implementing a national primary ;

ambient air quality standard, it provides for the attainment of such :

primary standard as expeditiously as practicable but (subject to

subsection (e) of this section) in no case later than three years

from the date of approval of such plan (or any revision thereof

to take account of a revised primary standard); and (il) in the

case of a plan implementing a national secondary ambient air qual-

ity standard, it specifies a reasonable time at which such secondary

standard will be attained;

(B) it includes emission limitations, schedules, and timetables for

compliance with such limitations, and such other measures as may

be mecessary to insure attainment and maintenance of such primary

or secondary standard, including, but not limited to, land-use and

transportation controls;

appropriate devices, methods, systems, and procedures necessary

to (i) monitor, compile, and analyze data on ambient air quality

and, (ii) upon request, make such data available to the Admin-

istrator;

(D) it includes a procedure, meeting the requirements of para-

graph (4), for review (prior to construction or modification) of

the location of new sources to which a standard of performance

will apply;

(E) it contains adequate provisions for intergovernmental cooper-

ation, including measures necessary to insure that emissions of air

pollutants from sources located in any air quality control rerion

will not interfere with the attainment or maintenance of such pri-

4 mary or secondary etandard in any portion of such region outside

of such State or in any other air quality control region;

(F) it provides (i) necessary assurances that the State will have

adequate personnel, funding, and authority to carry out such im-

: plementation plan, (ii) requirements for installation of equipment

¢ by owners or operators of stationary sources to monitor emissions

4 from such sources, (ili) for periodic reports on the nature and

A Arn NR A DO LARD Dot ADVE BEIS

Clean Air Act

amounts of such emissions; (iv) that such reports shall be corre-

lated by the State agency with any emission limitations or standards

established pursuant to this chapter, which reports shall be avail-

able at reaconable times for public inspection; and (v) for authority

comparable to that in section 1857h—1 of this title, and adequate

contingency plans to implement such authority;

(G) it provides, to the extent necessary and practicable, for

periodic inspection and testing of motor vehicles to enforce com-

pliance with applicable emission standards; and

(H) it provides for revision, after public hearings, of such plan

(1) from time to time as may be necessary to take account of re-

visions of such national primary or secondary ambient air quality

standard or the availabilify of improved or more expeditious methods

of achieving such primary or secondary standard; or (ii) whenever

the Adiinisiraior finds on the basis of information available to him

that the plan is eubstantially inadequate to achieve the national

ambient air quality primary or secondary standard which it im-

plements.

226 U.S.C.A.—+4%

1972 P.P.

(3) The Administrator shall approve any revision of an implemen-

tation plan applicable to an air quality control region if he determines

that it meets the requirements of paragraph (2) and has been adopted

by the State after reasonable notice and public hearings.

(4) The procedure referred to in paragraph (2) (D) for review, prior

to construction or modification, of the location of new sources shall (A)

provide for adequate authority to prevent the construction or modifica-

tion of any new source to which a standard of performance under section

1857c—6 of this title will apply at any location which the State deter-

mines will prevent the attainment or maintenance within any air quality

control region (or portion thereof) within such State of a national am-

bient air quality primary or secondary standard, and (B) require that

prior to commencing construction or modification of any such source,

the owner or operator thereof shall submit to such State such information

as may be necessary to permit the State to make a determination under

clause (A).

Extension of period for submission of plan implementing national

secondary umbient air quality standard

(b) The Administrator may, wherever he determines necessary, extend

the period for submission of any plan or portion thereof which implements

RTM SAONG AIR DAE LM ORE VEE Ie ORL AEE eet

18a

Clean Air Act

a@ national secondary ambient air quality standard for a period not to

exceed 18 months from the date otherwise required for submission of

such plan.

Preconditions for preparation aad publication by Administrator of propoacd

regulations setting forth an implementation Plan; hearings for pro-

pesed regulations; premuigation of regulations by Administrator

.c) The Administrator shall, after consideration of any State hearing

record, promptly prepare and publish proposed regulations setting forth

an implementation plan, or portion thereof, for a State if—

(1) the State fails to submit an implementation plan for any

national ambient air quality primary or secondary standard within

the time prescribed,

(2) the plan, or any portion thereof, submitted for such State

is determined by the Administrator not to be in accordance with

the requirements of this section, or

(3) the State fails, within 60 days after notification by the Ad-

ministrator or such longer period as he may prescribe, to revise an

implementation plan as required pursuant to a provision of its plan

referred to in subsection (a) (2) (H) of this section.

If such State held no public hearing associated with respect to such

plan (or revision thereof), the Administrator shall provide cpportunity

for such hearing within such State on any proposed regulation. The

Administrator shall, within six months after the date required for sub-

mission of such plan (or revision thereof), promulgate any such regula-

tions unless, prior to such promulgation, such State has adopted and

submitted a plan (or revision) which the Administrator determines to

be in accordance with the reyuirements of this section.

Applicable imp! tation plan

(d) For purposes of this chapter, an applicable implementation plan

is the implementation plan, or most recent revision thereof, which has

been approved under subsection (a) of this section or promulgated under

subsection (c) of this section and which implements a national primary

or secondary ambient air quality standard in a State.

Extension of time period for attainment of national primary nmbient

alr quality standard in implementativn plan} procedures

approval of extension by Administrator

(e) (1) Upon application of a Governor of a State at the time of

submission of any plan implementing a national ambieat air quality

primary standard, the Administrator may (subject to paragraph (2))

NT NEMO AAITCS SRE. 6 Cu SRP ea ae

19a

Clean Air Act

extend the three-year period referred to in subsection (a) (2) (A) (i) of

this section for not more than two years for an air quality control

region if after review of such plan the Administrator determines that—

(A) one or more emission sources (or classes of moving sources)

are unable to comply with the requirements of such plan whieh

implement such primary standard because the necessary technology

or other alternatives are not available or will not be available soon

enough to permit compliance within such three-year period, and

(B) the State has considered and applied as a part of its plan

reasonably available alternative means of attaining such primary

standurd and has justifiably concluded that attainment of such

primary standard within the three years cannot be achieved.

(2) The Administrator may grant an extension under paragraph

(1) only if he determines that the State plan provides for—

(A) application of the requirements of the plan which implement

such primary standard to all emission sources in such region other

than the sources (or classes) described in paragraph (1) (A) within

the three-year period, and

(B) such interim measures of control of the sources (or classes)

described in paragraph (1) (A) as the Administrator determines

to be reasonabie under the circumstances.

Pestponement of compliance by any stationary source or cless of moving

aourcesx with any requirement of aa applicable implementation plans

application by Governor of affected State; determination by Adminia-

trator; notice and epportunity fer hearing; judicial reviews; precedence

of cases; subpenas

(f) (1) Prior to the date on which any stationary source or class of

moving sources is required to comply with any requirement of an appli-

cable implementation plan the Governor ef the State to which evch

plan applies may apply to the Administrator to postpone the applica-

bility of such requirement to such source (or class) for not more than

one year. If the Administrator determines that—

(A) good faith efforts have been made to comply with such

requirement before such date,

{(B) such source (or class) is unable to comply with such re-

quirement because the necessary technology or other alternative

methods of control are not available or have not been available for a

sufficient period of time,

control measures have reduced or will reduce the impact of such

gource on public health, and

20a

Clean Air Act

(D) the continued operation of such source: {s essential to na-

tional security or to the public health or welfare,

then the Administrator shall grant a postponement of such requirement.

(2) (A) Any determination under paragraph (1) shall (i) be made

on the record cfter notice to interested persons and opportunity for

hearing, (fi) be based upon a fair evaluation of the entire record at

such hearing, and (ili) include a statement setting forth in detail the

findings and conclusions upon which the determination is based.

(B) Any determination made pursuant to this paragraph shall be

subject to judicial review by the United States court of appeals for the

circuit which includes such State upon the filing in such court within

30 days from the date of such decision of a petition by any interested

person praying that the decision be modified or eet aside in whole or in

part. A copy of the petition shall forthwith be sent by registered or

certified mail to the Administrator and thereupon the Administrator

shell certify and file in such court the record upon which the final

decision complained of was issued, as provided in section 2112 of Title 28.

Upon the filing of such petition the court shall have jurisdiction to atfirm

or set aside the determination complained of in whole or in part. The

findings of the Administrator with respect to questions of fact (including

each determination made under subparagraphs (A), (B), (C), and (D) of

(B) to enforce the provisions of such plan in cases where the

State fails to enforce them as he would have under sections 1857c—

8 and 1857c—9 of this title with respect to an implementation

plan.

Prohibited acts

(e) After the effective date of standards of performance promulgated

under this section, it shall be unlawful for any owner or operator of any

new source to operate such source in violation of any standard of per-

formance applicable to such source.

July 14, 1955, c. 360, Title I, § 111, as added Dec. 31, 1970, Pub.L.

91-604, § 4(a), 84 Stat. 1683, and amended Nov. 18, 1971, Pub.L. 92—

157, Title III, § 302(f), 85 Stat. 464.

§ 1857c-—7. National emission standards for hazardous air pollutants

—Definitions

(a) For purposes of this section—

(1) The term “hazardous air pollutant’’ means an air pollutant

2la

Clean Air Act

to which no ambient air quality standard is applicable and which

in the judgment of the Administrator may cause, or contribute to,

an increase in mortality or an increase in serious irreversible, or

incapacitating reversible, illness. y

(2) The term “new sourée” means & stationary source the con-

struction or modification of which is commenced after the Admin-

inistrator proposes regulations under this section establishing an

emission standard which will be applicable to such source.

(3) The term “stationary source”, “modification”, “owner or

operator” and “existing source” shall have the same meaning a8

such terms have under section 1857c—6(a) of this title.

establishing standards for pollutent; establishment of standards; stand-

ards effective upon promuigation; issuance of information on pellution

eontrel techniques :

(b) (1) (A) The Administrator shall, within 90 days after Decem-

ber 31, 1970, publish (and shall from time to time thereafter revise)

a list which includes each hazardous air pollutant for which he intends to

establish an emission standard under this section.

(B) Within 180 days after the inclusion of any air pollutant in such

list, the Administrator shall publish proposed regulations establishing

emission standards for such pollutant together with a notice of a public

hearing within thirty days. Not later than 180 days after such publica-

tion, the Administrator shall preseribe an emission standard for such

pollutant, unless he finds, on the basis of information presented at such

hearings, that such pollutant clearly is not a hazardous air pollutant.

The Administrator shall establish any such standard at the level which

in his judgment provides an ample margin of safety to protect the public

health from such hazardous air pollutant.

become effective upon promulgation.

(2) The Administrator shall, from time to time, issue information

on pollution control techniques for air pollutants subject to the pro-

visions of this section.

Prohibited acts; exemption by President for any stationary

source; duretion and extension of exemption}

report to Congress

this section—- ;

22a

Clean Air Act

{A) no person may construct any new source or modify any

existing source which, in the Administrator's judgment, will emit

an eir pollutant to which such standard applies unless the Admin-

istrator finds thet such source if properly operated will not cause

emissions in violation of such standard, and

(B) no air pollutant to which such standard applies may be

emitted from any stationary source in violation of such standard,

except that in the case of an existing source—

(i) such standard shall not apply until 90 days after its

effective date, and

(ii) the Administrator may grant a waiver permitting such

source a period of up to two years after the effective date

of a standard to comply with the standard, if he finds that

such period is necessary for the installation of controls and

that steps will be taken during the period of the waiver to

assure that the health of persons will be protected from im-

minent endangerment.

(2) The President may exempt any stationary source from compliance

with paragraph (1) for a pefiod of not more than two years if he finds

that the technology to implement such standards is not available and

the operation of such source is required for reasons of national security.

An exemption under this paragraph may be extended for one or more

additional periods, each period not to exceed two years. The President

shal} make a report to Congress with respect to each exemption (or ex-

tension thereof) made under this paragraph.

Implementation and enforcement by State of standards for stationary

seurcesn; preeedure; delegation of authority of Administrator to

State; enforcement power of Administrator unaffected

(d) (1) Each State may develop and submit to the Administrator

a procedure for implementing and enforcing emission standards for

hazardous air pollutants for stationary sources located in such State.

If the Administrator finds the State procedure is adequate, he shall

delegate to such State any authority he has under this chapter to im-

plement and enforce such standards (except with respect to stationary

sources owned or operated by the United States).

(2) Nothing in this subsection shall prohibit the Administrator from

enforcing any applicable emission standard under this section.

July 14, 1955, c. 360, Title I, § 112, as added Dec. 31, 1970, Pub.L.

91-604, § 4(a), 84 Stat. 1685. ,

§ 183570—8. Federal enforcement procedures—Determination of vic-

Jation of applicable implementation plan or standard; notification of

SE CRS OME

23a

Clean Air Act

violator; issuance of compliance order or initiation of civil action upon

faiJure to correct; etfect of compliance order; contents of compliance

order

(s) (1) Whenever, on the basis of any information available to him,

the Administrator finds that any pereon is in violation of any requirement

of an applicable implementation « plan, the Administrator shall notify

the person in violation of the plan and the State in which the plan applies ©

of such finding. If such violation extends beyond the 30th day after

the date of the Administrator's notification, the Administrator may issue

an order requiring such person to comply with the requirements of such

plan or he may bring a civil action in accordance with subsection (b)

of this section.

(2) Whenever, on the basis of information available to him, the

Administrator finds that violations of an applicable implementation plan

are so widespread that such violations appear to result from 2 failure

of the State in which the plan applies to enforce the plan effectively,

he shall so notify the State. If the Administrator: finds such failure

extends beyond the 30th day after such notice, he shall give public notice

of such finding. During the period beginning with such public notice

and ending when such State satisfies the Adniinistrator that it will enforce

such plan (hereafter referred to in this section as “period of federally

assumed enforcement”), the Administrator may enforce any requirement

of such plan with respect to any person——

(A) by issuing an order to comply with such requirement, or

(B) by bringing a civil action under subsection (b) of this

section.

(3) Whenever, on the basis of any information available to him, the

Administrator finds that any person is in violation of section 1857¢-—6

(e) of this title (relating to new source performance standards) or

section 1857c—7(c) of this title (relating to standards for hazardous

emissions), or is in violation of any requirement of section 1857¢c—9 of

this title (relating to inspections, etc.), he may issue an order requiring

such person to comply with such section or requirement, or he may bring

a civil action in accordance with subsection (b) of this section.

(4) An order issued under this subsection (other than an order

relating to a violation of section 1857c—7 of this title) shall not take

effect until the person to whom it is issued has had an opportunity to

confer with the Administrator concerning the alleged violation. A copy

of any order issued under this subsection shall be sent to the State air

pollution control agency of any State in which the violation occurs.

pirgtrvnnmnntes

NGAP ES INL IME ILE AERIS ATE OY

24a

Clean Air Act

Any order issued under this subsection shall state with reasonable spec-

ificity the nature of the violation, specify a time for compliance which

the Administrator determines is reasonable, taking into account the

seriousness of the violation and any good faith efforts to comply with

applicable requirements. In any case in which an order under this

subsection (or notice to a violator under paragraph (1)) is issued to

a@ corporation, a copy of such order (or notice) shall be issued to appro-

priate corporate officers.

Civil —— fer appropriate relief; jurisdiction; venue};

etice to appropriate State agen¢cy

(b) The jahiaineaion may commence a civil action for appropriate

relief, including a permanent or temporary injunction, whenever any

person—

(1) violates or fails or refuses to comply with any order issued

under subsection (a) of this section; or

(2) violates any requirements of an applicable implementation

plan (A) during any period of Federally assumed enforcement, or

(B) more than 30 days after having been notified by the Administra-

tor under subsection (a) (1) of this section of a finding that such

person is violating such requirement; or

(3) violates section 1857c—6(e) or section 1857e—7(c) of

this title; or

(4) fails or refuses to comply with any requirement of section

1857c—9 of this title.

Any action under this subsection may be brought in the district court

of the United States for the district in which the defendant is located

or resides or is doing business, and such court shall have jurisdiction to

restrain such violation and to require compliance. Notice of the com-

mencement of such action shall be given to the appropriate State air

pollution control agency.

Penalties

(A) violates any requirement of an applicable implementation

plan (i) during any period of Federally assumed enforcement, or (ii)

more than 39 days after having been notified by the Administrator

under subsection (a) (1) of this section that such person is vio-

luting such requirement, or

(B) violates or fails or refuses to comply with any order issued

}

ee RR OE

omens eatin

PAPAL PE TILSEN LILY ER Ei AYLI

25a

Clean Air Act

by the Administrator under subsection (a) of this section, or

this title.

shall be punished by a fine of nut more than $25,000 per day of vio-

lation, or by imprisonment for fot more than one year, or by both. If

the conviction is for a violation committed after the first conviction of

such person under this paragraph, punishment shall be by a fine of

not more than $50,000 per day of violation, or by imprisonment for not

more than two years, or by both.

(2) Any person who knowingly makes any false statement, repre-

sentation, or certification in any application, record, report, plan, or

other document filed or required to be maintained under this chapter

or who falsifies, tampers with, or knowingly renders inaccurate any

monitoring device or method required to be maintained under this

chapter; shall upon conviction, be punished by a fine of not more than

$10,000, or by imprisonment for not more than six months, or by both.

July 14, 1955, ¢c. 360, Title I, § 113, as added Dec. 31, 1970, Pub.L.

91~604, $ 4(a), 84 Stat. 1686, and amended Nov. 18, 1971, Pub.L. 92-157,

Title III, § 302(b), (c), 85 Stat. 464.

§ 18570—9. Recordkeeping, inspections, monitoring, and entry—

Authority of Administrator or authorized representative =. «

(a) For the purpose (i) of developing or assisting in the development

of any implementation plan under section 1857c—5 or section 1857c—6

(d) of this title, any standard of performance under section 1857c—6 of

this title, or any emission standard under section 1857c—7 of this title,

(ii) of determining whether any person is in violation of any such stand-

ard or any requirement of such a plan, or (iii) carrying out section

1857h—1 of this title—

(1) the Administrator may require the owner or operator of any

emission source to (A) establish and maintain such records, (B)

make such reports, (C) install, use, and maintain such monitoring

equipment or methods, (D) sample such emissions (in accordance

with such methods, at such locations, at such intervals, and in such

manner as the Administrator shall prescribe), and (FE) provide

such other information as he may reasonably require; and

(2) the Administrator or his authorized representative, upon

presentation of his credentials—

Se ee ed

26a

Clean Air Act

(A) shall have a right of entry to, upon, or turudgh any

premises in which an emission source is located or in which

any records required to be maintained under paragraph (1)

of this section are located, and

(B) may at reasonable times have access to and copy any

records, inspect any monitoring equipment or method required

under paragraph (1), and sample any emissions which the own-

er or operator of such source is required to saraple under para-

eraph (1).

Eatforeement procedure by State; delegation of authority ef Ad-

minietrator te State; power of Administrator unaffected

(b) (1) Each State may develop and submit to the Administrator

a procedure for carrying out this section in such State. If the Admin-

istrator finds the State procedure is adequate, he may delegate to such

State any authority he has to carry out this section (except with respect

to new sources owned or operated by the United States).

(2) Nothing in this subsection shall prohibit the Administrator from

carrying out this section in a State.

Availability ef records, reports, and information te public;

disclosure ef trade secrets

(a) of this section shall be available to the public, except that upon

a showing satisfactory to the Administrator by any person that records,

reports, or information, or particular part thereof, (other than emission

data) to which the Administrator has access under this section if made

public, would divulge methods or processes entitled to protection as

trade secrets of such person, the Administrator shall consider such

record, report, or information or particular portion thereof confidential

in accordance with the purposes of section 1905 of Title 18, except that

such record, report, or information may be disclosed to other officers,

employees, or authorized representatives of the United States concerned

with carrying out this chapter or when revelant in any proceeding under

this chapter.

July 14, 1955, c. 360, Title I, § 114, as added Dec. 31, 1970, Pub.L.

91-604, § 4(a), 84 Stat. 1687.

& IR57d. Abatement of air pollution by means of conference procedure

—Air poltution subject to abatement +

(a) The pollution of the air in any State or States which endangers

the health or welfare of any persons and which is covered by subsection

TPR PARE TAR ADS IF; LR OTe to (SAN ARNE

27a

Clean Air Act

(b) or (ce) of this section, shall be subject to abaiement as provided

in this section.

Conferences of air pollution ageucies

(b) (1) Whenever requested, by the Governor of any State, a State

air pollution control agency, or (with the concurrence of the Governor

and the State air pollution control agency for the State in which the

municipality is situated) the governing body of any municipality, the

Administrator shall, if such request refers to air pollution which is

alleged to endanger the health or welfare of persons in a State other

than that in which the discharge or discharges (causing or contributing

to such pollution) originate, give formal notification thereof to the

air pollution control agency of the municipality where such discharge

or discharges originate, to the air pollution control agency of the State

in which such municipality is located, and to the interstate air pollution

control agency, if any, in whose jurisdictional area such municipality is

located, and shall call promptly a conference of such agency or agencies

and of the air pollution control agencies of the municipalities which may

be adversely affected by such pollution, and the air pollution control

agency, if any, of each State, or for each area, in which any such munici-

pality is located.

(2) Whenever requested by the Governor of any State, a State air

pollution control agency, or (with the concurrence of the Governor and

the State air pollution control agency for the State in which the munici-

pality is situated) the governing body of any municipality, the Adminis-

trator shall, if such request refers to alleged air pollution which is

endangering the health or welfare of persons only in the State in which

the discharge or discharges (causing or contributing to such pollution)

originate and if a municipality affected by such air pollution, or the

municipality in which such pollution originates, has either made or

concurred in such request, give formal notification thereof to the State

air pollution control agency, to the air pollution control agencies of

the municipality where such discharge or discharges originate, and of

the municipality or municipalities alleged to be adversely affected there-

by, and to any interstate air pollution control agency, whose jurisdic-

tional area includes any such municipality and shall promptly call a

conference of such agency or agencies, unless in the judgment of the

Administrator, the effect of such pollution is not of such significance as

to warrant exercise of Federal jurisdiction under this section.

(3) The Administrator may, after consultation with State officials of

all affected States, also call such a conference whenever, on the basis

DOBRA te YS 6S PP WEDS FoR VE PP ot de BAS.

28a

Clean Air Act

of re surveys, or studies, he has reason to believe that any pollution

referred t@\jn subsection (a) of this section is occurring and is en-

dangering the health and welfare of persons in a State other than that

in which the discharge or discharges originate. The Administrator

shall invite the cooperation of any municipal, State, or interstate air

pollution control agencies having jurisdiction in the affected area on

any surveys or studies forming the basis of conference action.

(4) A conference may not be called under this subsection with respect

to an air pollutant for which (at the time the conference is called) a

national primary or secondary ambient air quality standard is in effect

under section 1857c—4 of this title.

Participation ef foreign countries in conferences

studies from any duly constituted international agency, has reason to

believe that any pollution referred to in subsection (a) of this section

which endangers the health or welfare or persons in a foreign country

is occurring, or whenever the Secretary of State requests him to do so with

respect to such poilution which the Secretary of State alleges is of such

a nature, the Administrator shall give formal notification thereof to

the air pollution control agency of the municipality where such discharge

or discharges originate, to the air pollution control agency of the State

in which such municipality is located, and to the interstate air pollution

control agency, if any, in the jurisdictional area of which such munici-

pality is located, and shall call promptly a conference of such agency

or agencies. The Administrator shall invite the foreign country which

may be adversely affected by the pollution to attend and participate in

the conference, and the representative of such country shall, for the

purpose of the conference and any further proceeding resulting from

such conference, have all the rights of a State air pollution contro)

agency. This subsection shall apply only to a foreign country which

the Administrator determines has given the United States essentiaily

the same rights with respect to the prevention or control of air pollution

occurring in that country as is given that country by this subsection.

Attendence at conference; Federal report of matters before conference;

notification of date of conference; presentation

of views; transcript of proceedings; summary

(d)(1) The agencies called to attend any conference under this section

may bring such persons as they desire to the conference. The Adminais-

trator shall deliver to such agencies and make available to other inter-

ested parties, at least thirty days prior to any such conference, a Federal

“ -_

x aR RENAE 1.

NS PDL RAE ace On BE RR

29a

Clean Air Act

report with respect to the matters before the conference, including data

and conclusions or findings (if any); and shall give at least thirty days’

prior notice of the conference date to any such agency, and to the public

by publication on at least three different days in a newspaper or news-

papers of general circulation insthe area. The chairman of the confer-

ence shall give interested parties an opportunity to present their views

to the conference with respect to such Federal report, conclusions or

findings (if any), and other pertinent information. The Administrator

shall provide that a transcript be maintained of the proceedings of the

conference and that a copy of such transcript be made available on re-

quest of any participant in the conference at the expense of such par-

ticipant.

(2) Following this conference, the Administrator shall prepare and

foward to all air pollution control agencies attending the conference

a summary of conference discussions including (A) occurrence of air

poliution subject to abatement under this subchapter; (B) adequacy

of measures taken ioward abatement of the pollution; and (C) nature of

delays, if any, being encountered in abating the pollution.

Re dations of Administrator fur remedial acti by ag les;

commencement of recommended action

(e) If the Administratur believes, upon the conclusion of the confer-

ence or thereafter, that effective progress toward abatement of such pol-

lution is not being made and that the health or welfare of any persons

is being endangered, he shall recommend to the appropriate State, in-

terstate, or municipal air pollution control agency (or to all such agencies)

that the necessary remedial action be taken. The Administrator shall

allow at least six months from the date he makes such recommendations

for the taking of such recommended action.

Hearings for failure to abate poliutien; beard members;

findings and recommendations

(f) (1) If, at the conclusion of the period so allowed, such remedial

action or other action which in the judgment of the Administrator

is reasonably calculated to secure abatement ef such pollution has not

been taken, the Administrator shall call a public hearing, to be held in or

near one or more of the places where the discharge or discharges causing

or contributing to such pollution originated, before a hearing board of

five or more persons appointed by the Administrator. Each State in

which any discharge causing or contributing to such pollution originates

and each State claiming to be adversely affected by such pollution shall

be given an opportunity to select one member of such hearing board

SREP REDE IYI RTOS ce TEE BAS Ane Nig ERT

30a

Clean Air Act

and each Federal department, agency, or instrumentality having a sub-

stantial interest in the subject matter as determined by the Administrator

shall be given an opportunity to select one member of such hearing board,

and one member shall be a representative of the appropriate interstate

air pollution agency if one exists, and not less than a majority of such

hearing board shall be persons other than officers or employees of the

Environmental Protection Agency. At least three weeks’ prior notice

of such hearing shall be given to the State, interstate, and municipal

air pollution control agencies called to attend such hearing and to the

alleged polluter or polluters. All interested parties shall be given a

reasonable opportunity to present evidence to such hearing board.

(2) On the basis of evidence presented at such hearing, the hearing

board shall make findings as to whether pollution referred to in subsec-

tion (a) of this section is occurring and whether effective progress to-

ward abatement thereof is being made. If the hearing board finds such

pollution is occurring and effective progress toward abatement thereof

is not being made it shall make recommendations to the Administrator

concerning the measures, if any, which it finds to be reasonable and

suitable to secure abatement of such pollution.

(3) The Administrator shall send such findings and recommendations

to the person or persons discharging any matter causing or contributing

to such pollution; to air pollution control agencies of the State or

States and of the municipality or municipalities where such discharge or

discharges originate; and to any interstate air pollution control agency

whose jurisdictional area includes any such municipality, together with a

notice specifying a reasonable time (not less than six months) to secure

abatement of such pollution.

Judicial proceedings te secare abatement of pellution

(g) If action reasonably calculated to secure abatemer.t of the pollu-

tion within the time specified in the notice following the public hearing

is not taken, the Administrator—

(1) in the case of pollution of air which is endangering the health

or welfare of persons (A) in a State other than that in which the

discharge or discharges (causing or contributing to such pollution)

originate, or (B) in a foreign country which has participated in a

conference called under subsection (c) of this section and in all

proceedings under this section resulting from such conference, may

request the Attorney General to bring a suit on behalf of the United

States in the appropriate United States district court to secure abate-

ment of the pollution.

= . e

SDP AT TN APT Bil DO hi LINE

3la

Clean Air Act

(2) in the case of pollution of air which is endangering the

health or welfare of persons only in the State in which the

discharge or discharges (causing or contributing to such pollu-

tion) originate, at the request of the Governor of such State,

shall provide such technica] and other assistance as in his judg-

ment is necessary to assist the State in judicial proceedings to

secure abatement of the pollution under State or local law or,

at the request of the Governor of such State, shall request the

Attorney General to bring suit on behalf of the United States

in the appropriate United States district court to secure abate-

ment of the pollution.

Federal court proceedings; evidence; jurisdiction of court

(h) The ccurt shall receive in evidence in any suit brought in a

United States court under subsection (g) of this section a transcript

of the proceedings before the board and a copy of the board’s recom-

mendutions and shall receive such further evidence as the court in

its discretion deems proper. The court, giving due consideration

to the practicability of complying with such standards as may be ap-

plicable and to the physical and economic feasibility of securing

abatement of any pollution proved, shall have jurisdiction to enter

such judgment, and orders enforcing such judgment, as the public

interest and the equities of the case may require.

Compensation and travel expenses for members of hearing board

(1) Members of any hearing board appointed pursuant to subsection

(f) of this section who are not regular full-time officers or employees of

the United States shall, -vhile participating in the hearing conducted by

such board or otherwise engaged on the work of such board, be entitled

to receive compensation at a rate fixed by the Administrator, but not ex-

ceeding $100 per diem, including travel-time, and while away from their

homes or regular places of business they may be allowed travel expenses,

including per diem in lieu of subsistence, as authorized by law (section

5703 of Title 5) for persons in the Government service employed inter-

mittently.

32a

Clean Air Act

Feralchiag of data te Administrater by iuter; reperta; failure to

make required report; tures

(J) (1) In connection with any conference called under this section,

the Administrator is authorized to require any person whose activities

result in the emission of air pollutants causing or contributing to alr pol-

lution to file with him, in such form as he may prescribe, a report, based

on existing data, furnishing to the Administrator such information as may

reasonably be required as to the character, kind, and quantity of pol-

lutants discharged and the use of devices or other means to prevent or

reduce the emission of pollutants by the person filing such a report. Aft-

er a conference has been held with respect to any such pollution the Ad-

ministrator shall require such reports from the person whose activities

result in such pollution only to the extent recommended by such confer-

ence. Such report shall be made under oath or otherwise, as the Admin-

istrator may prescribe, and shall be filed with the Administrator within

such reasonable period as the Administrator may prescribe, unless addi-

tional time be granted by the Administrator. No person shall be re-

quired in such report to divulge trade secrets or secret processes and

all information reported shall be considered confidential for the purposes

of section 1905 of Title 18.

(2) If any person required to file any report under this subsection

shall fall to do so within the time fixed by the Administrator for filing

the same, and such failure shall continue for thirty days after notice of

such default, such person shali forfeit to the United States the sum of

$100 for each and every day of the continuance of such failure, which

forfeiture shall be payable into the Treasury of the United States, aod

shall be recoverable in a civil euit aa the name of the United States

broucht in the district where such person has his principal office or in

any district in which he does business: Provided, That the Administra-

tov may upon application therefor remit or mitigate any forfeiture pro-

vided for under thie subeection and he shall have authority to deter-

wine the facts upon all such applications.

Compliance with any requirement of au applicable implemen-

— tatiea plan er prescribed atandard

tk) No order or judgment under this section, or settlement, compro-

mise, or agreement respecting any action under this section (whether or

not entered or made before December 31, 1970) shall relieve any person

of any obligation to comply with any requirement of an applicable im-

plementation plan, or with any standard prescribed under section 1857c—

or section 185 7c—7 of this title.

33a

Clean Air Act

July 14, 1955. c. 360, Title 1, § 115, formerly § 6, as added Dec. 17,

1963, Pub.L. 88-206, § 1, 77 Stat. 396, renumbered § 105, and amended

Oct. 20, 1965, Pub.L. 89-272, Title I, §§ 101(2), (3), 102, 79 Stat. 992,

995, renumbered § 108, and amended Nov. 21, 1967, Pub.L. 90-148, § 2,

81 Stat. 491, renumbered § 115sand amended Dec. 31, 1970, Pub.L. 91—

604, §§ 4(a), (b) (2)-(10), 15(c) (2), 84 Stat. 1678, 1688, 1689, 1713.

§ 1857d—1. Retention of State authority

Except as otherwise provided in sections 1857f—6a, 1857f—6c(c)

(4), and 1857f—-11 of this title (preempting certain State regulation of

moving sources) nothing in this chapter shall preclude or deny the right

of any State or political subdivision thereof to adopt or enforce (1) any

standard or limitation respecting emissions of air pollutants or (2) any

requirement respecting control or abatement of air pollution; except

that if an emission standard or limitation is in effect under an applica-

ble implementation plan or under section 1857c—6 or section 1857c—7

of this title, such State or politics! subdivision may not adopt or enforce

any emission standard or limitation which ts less stringent than the

standard or limitation under such plan oc section.

July 14, 1955, c. 360, Title I, § 116, formerly § 109 as added Nov. 21,

1967, Pub.L. 90-148, § 2, 81 Stat. 497, renumbered and amended Dec.

31, 1970, Pub.L. 91- 604, § 4(a), (c), 84 Spat. 1678, 1689.

§ 1857e. Air Quality Advisory Board; advisory committees—Estab-

lishment of Board; membership; appointment; term

(a) (1) There is hereby established in the Environmental Protection

Agency an Air Quality Advisory Board, composed of the Administrator

or his designee, who shall be Chairman, and fifteen members appointed

by the President, none of whom shall be Federal officers or employees.

The appointed members, having due regard for the purposes of this

chapter, shall be selected from among representatives of various State,

interstate, and local governmental agencies, of public or private interests

contributing to, affected by, or concerned with air pollution, and of

other public and private agev_ies, organizations, or groups demonstrat-

ing an active interest in the field of air pollution prevention and con-

trol, as well as other individuals who are expert in this fieid.

® id * oe * * s : i °

(2) Each member appointed by the President shall hold office

for a term of three years, except that (A) any member appointed

to fill a vacancy occurring prior to the expiration of the term for

Chwan Abe det

Wie Hite pettetiimeaane yee tft KET Watt We apnnintart fie thw

eset ae tat cHeeae ca andere heed: ened HEY Thee Hemi ot cttlaw i@ he raerTners

Aver tL Musi mT oe ng wihanet law aWall wept wa fit,

' x five ae the ae at ow ae the the date OPP EMeNE,

Ve at he at df the errs oF leR ately date, at ew at the one

FW ie vm AFH ett tite, uae eee epriatint tee thie Nrewttant at

Phe tie oF apigieteitinH ot ON) the Tern ue wre ernie: neer

Chet pemrtlne prteietaeie ati! lie eetinaed vtll the date on whieh

Wid Aisddane es aqiqttinent © etteetlee | Nwie ot the iwemneurs shall

VNethew «8 thawed

(> ne PAE CHa setter ow cMwaNedt tly the SHiatetatratae on

Matters At watley vastie( ng iH (He wethetibes ona Cliaatiane of ithe Adialatac

HATE HiME (He Matter att iahee One SORtRMmeNMaliMa aa it loon

Aeteemay Te (Me Pieinenet

Uetleat set ieeheteet seateeanes

Oo Tee Marta ated CeO NeAL seetet aie aa hay te wenessary [0 dla»

Shui Pe Ble Or ie Haan ane avety uther oa@vlaary commitivwe aa

BERIUET GE sth heedet shall ne LE eet (NO the jeriennet af the in:

Wi citiat Sheet dey Artin

AVitenew omewtntitees

(4S Sa wher ie ae aeatetintios (ie Che deretanment aud (implementa

Hem a Oke Blea Gr Chik ona ter inetuelivag ott Guallly ortterta, reeorm:

PROBE MATIC CUENTA, pemearet ane derecionment, and

M saute Che onthe atfiete an ite part ar initatry (Oo lingrove

oP Quen ama at devi eoamunioally (wastlie inethads (or the control

HE avelwwewt af ap pallutian cle aviniuistrater shail (rom (ime to

PRA esteink adie MuUUiliees:. Clummiltee Members shall inelude,

Det wet De UM peru whe abe kuowledaeable converning alr

Seeley Sem she shaudpadur woohealth, wellare, esununios, ar (wohnualogy.

Comeprueatiua: (reve! arpenerce

(e>) Phe wemders af the Buard and ather sdvisary comunittees ap:

peted pormueat we Os chayter wha are oat alivers ar ermwoyvers of the

Owed Sauces See atteudiuy vanterenees ar meetings of the Hoard or

Whee etaerwiee serviags af le request ar the Auininistratur, aball be un-

Wed BW mewwdoe cuanuemamiiun ai a rate iu be fed by the Administrator,

DAR Bet eveceding S140 yer diem. including traveltime. and while away

Trem whee homes ar vetular giaces ar WURiNeRS they may be allawed travel

r 35a

Clean Air Act

€\penses, fuoluding per dien in lieu of subsiatence, as authorised by eee

than §T03 ef Title & for persona in the Government serviee employed in-

terumttientty,

(t) Prier to~-

(2) teeulng eriveria for da alr pollutant under section 1867¢-—-3

(ad (2) of this title,

(2) pedliehing any ltet under section 18670—-6(b) (1) (A) oF

section 18S To-—T(b) (1) (A) Of thie Uille,

(3) pebdlishing any standard under section 1867e-—6(6) (1) (B)

or section 18$6Te—-T(b) (1) (B) of thie title, or

(4) pedlishing any regulation under section 1867f—1(a) of this

ghthe,

the Adwuawaratior shall to the maximum extent practicable within the

ie gowinied eweewlt with appropriate advisory committees, fadependeat

sAyacts, and Pebere) departments and agencies,

Salty be DORA @ ROR Tithe 1, § 227, formerly § 6, aw added Deo, 17,

leat, Pum. #b- Ded § 2. TP Stat. 399, renumbered § 106, Oet. 20,

Loa, Fwd. Hh TTL, Twake &. § 10203), 79 tat, 992, renumbered § 120,

aad ateewted Wor Th, 2467. Pebl. fu-168, € 2, 81 Btat. 408, renum-

fered § DD2. aed awndet Dee 33. 1970, Pub. 91-604, 06 4(ad, (dd).

Bacay FT). Oe Bos BOTH, 2408. 2793

+ RATA Shr end atonement of alr pollution from Medera) tacil-

ie: compitinve af Poeiewnt Geperteneents, ef¢., with Federal, Mate, inter-

stot, @hh tno! weguiewnnnte eaeagtion tp President of any enteaton

emer Reve any exert linet departoaent, ete.; report io Congress

Tac) trenetomen apene ené lnetrementellly of the executive, leglels

re et Qartiecia. Drenwehe: of che Metene! Government (1) having jurte

imi, wvet an Peewern or techity. er (2) evngeged in any activity

weauiGig, wl whireh ae cenit ip the discharge of aif pollulanta, shall

noms with Pela Suave tolermlele end local peysifemants Feapocting

Tate. ant) abeaconmen of ar poliviee Uo the seme extent thal any per-

wm oO oNIec! te sol ceguiremente Dane Presdest may exsempl any

ws wsouree vl ane Ceapaclmen eagene,, of tasirumentalily ta the

exwuilive brand) toom comyplanoe wel) aueh # fneyulrement i he deter-

Wines ft te le ae The puecaeedel atleteant of the Uauiled Stoles ta da at,

ween. thal we evemplion mar be granted foam aeotlon 18676—6 of this

ttle Git ak CNe@R tien COO aWeliOn Lpolc-—9 of tods Uile may be granted

DAL Th @eeortiance with section Lsitc-—T.¢e) of thig ule No such ex-

ceniotio: Ghall) be gran due Ww lack of appropriation unless the Presideut

Jial) bave Specificall Cequesied such appropriation as a part of the budg-

Conevitations by Admintatratur

GRAMS Pt kattal Mi, AAT eas) OE

36a

Clean Air Act

etary process and the Congress shall have failed to muke available such

requested appropriation. Any exemption shall be for a period not in excess

of one year, but additional exemptions may be granted for periods of not

to exceed one year upon the President's making a new determination.

The President shall report each January to the Congress all exemptions

from the requirements of this section granted during the preceding

calendar year, together with his reason for granting each such exemption.

July 14, 1955, c. 360, Title I, § 118, formerly § 7, as added Dee. 17,

1963, Pub.L. 88-206, § 1, 77 Stat. 399, renumbered § 107, Oct. 20,

1965, Pub.L. 89-272, Title I, § 101(3), 79 Stat. 992, renumbered § 111,

and amended Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat. 499, renumbered

§ 118, and amended Dec. 31, 1970, Pub.L. 91-604, §§ 4(a), 5, 84 Stat.

1678, 1689.

SUBCHAPTER 'II.—EMISSION STANDARDS FOR MOVING SOURCES

§ 1857f—1. Establishment of standards—Air pollutant emissions

(a) Except as otherwise provided in subsection (b) of this section—

(1) The Administrator shall by regulation prescribe (and from

time to time revise) in accordance with the provisions of this sec-

tion, standards applicable to the emission of any air pollutant from

any class or classes of new motor vehicles or new motor vehicle

engines, which in his judgment causes or contributes to, or is likely

to cause or to contribute to, air pollution which endangers the public

health or welfare. Such standards shall be applicable to such vehicles

and engines for their useful life (as determined under subsection

(d) of this section), whether such vehicles and engines are designed

as complete systems or incorporated devices to prevent or control

such pollution. ;

(2) Any regulation prescribed under this subsection (and any

revision thereof) shall take effect after such period as the Ad-

ministrator finds necessary to permit the development and applica-

tion of the requisite technology, giving appropriate consideration to

the cost of compliance within such period.

Medel yenr 1875, reduction requirement; model yeur 1976, reduction

requirement; promuigation; report to Congress; suspension

af standards; interim atandurds

(b) (1) (A) The regulations under subsection (a) of this section ap-

plicable to emissions of carbon monoxide and hydrocarbons from light

duty vehicles and engines manufactured during or after model year 1975

shall contain standards which require a reduction of at least 90 per

ss eR aed

va a eeTy

Seta a nC ae SA ET ARRAS AER AES

37a

Clean Air Act

centum from emissions of carbon monoxide and hydrocarbons allow-

able under the standards under this section applicable to light duty

vehicles and engines manufactured in model year 1970.

(B) The regulations under subsection (a) of this section applicable to

emissions of oxides of nitrogen frpm light duty vehicles and engines manu-

factured during or after model year 1976 shall contain standards which

require a reduction of at least 90 per centum from the average of emis-

sions of oxides of nitrogen actually measured from light duty vehicles

manufactured during model year 1971 which are not subject to any Fed-

eral or State emission standard for oxides of nitrogen. Such average of

emissions shall be determined by the Administrator on the basis of

measurements made by him.

(2) Emission standards under paragraph (1), and measurement tech-

niques on which such standards are based (if not promulgated prior to

December 31, 1970), shall be prescribed by regulation within 180 days

after such date.

(3) For purposes of this part—

(A) (i) The term “model year” with reference to any specific:

calendar year means the manufacturer's annual production period

(as determined by the Administrator) which includes January 1

of such calendar year. If the manufacturer has no annual pro-

duction period, the term “model year” shall mean the calendar year.

(ii) For the purpose of assuring that vehicles and engines manu-

factured before the beginning of a model year were not manufactured

for purposes of circumventing the effective date of a standard re-

quired to be prescribed by subsection (b) of this section, the Ad-

ministrator may prescribe regulations defining ‘‘model year" other-

wise than as provided in clause (i).

(B) The term “light duty vehicles and engines’ means new

light duty motor vehicles and new light duty motor vehicle engines,

as determined under regulations of the Administrator.

(4) On July 1 of 1971, and of each year thereafter, the Administrator

shall report to the Congress with respect to the development of sys-

tems necessary to implement the emission standards established pur-

suant to this section. Such reports shall include information regarding

the continuing effects of such air pollutants subject to standards under

this section on the public health and welfare, the extent and progress

of efforts being made to develop the necessary systems, the costs asso-

ciated with development and application of such systems, and following

such hearings as he may deem advisable, any recommendations for ad-

ditional congressional action necessary, to achieve the purposes of this

chapter. In gathering information for the purposes of this paragraph

38a

Clean Air Act

and in connection with any hearing, the provisions of section 1857h—5 (a)

of this title (relating to subpenas) shall apply.

(5) (A) At any time after January 1, 1972, any manufacturer may

file with the Administrator an application requesting the suspension for

one yerr only of the effective date of any emission standard required Lv

Paragraph (1) (A) with respect to such manufacturer. The Administra-

tor shall muke his determination with respect to any such application

within 60 days. If he determines, in accordance with the provisions of

this subsection, that such suspension should be granted, he shall simulta-

neously with such determination prescribe by regulation interim emission

standards which shall apply (in lieu of the standards required to he

prescribed by paragraph (1) (A)) to emissions of carbon monoxide or

hydrocarbons (or both) from such vehicles and engines manufactured dur-

ing model year 1975.

(B) At any time after January 1, 1973, any manufacturer may file

with the Administrator an application requesting the suspension for one

year only of the effective date of any emission standard required by

paragraph (1) (B) with respect to such manufacturer. The Administra-

tor shall make his determination with respect to any such application

within 60 days. If he determines, in accordance with the provisions

of this subsection, that such suspension should be granted, he shall

simultaneously with such determination prescribe by regulation interim

emission standards which shall apply (in lieu of the standards required

to be prescribed by paragraph (1) (B)) to emissions of oxides of nitrogen

from such vehicles and engines manufactured during model year 1976.

reflect the greatest degree of emission control which is achievable by

application of technology which the Administrator determines is avall-

able, giving appropriate consideration to the cost of applying such

technology within the period of time available to manufacturers.

(D) Within 60 days after receipt of the application for any such

suspension, and after public hearing, the Administrator shall fssue a

decision granting or refusing such suspension. The Administrator shall

grant such suspension only if he determines that (i) such suspension

is essential to the public interest or the public health and welfare of

the United States, (ii) all good faith efforts have been made to meet

the standards established by this subsection, (iii) the applicant has

established that effective control technology, processes, operating meth-

ods, or other alternatives are not availabie or have not been available

for a sufficient period of time to achieve compliance prior to the effeec-

tive date of such standards, and (iv) the study and investigation of the

SA BOUAD sal

otis SM ier Pa tia ATA, tralian ME 108 Oo Rt

39a

Clean Air Act

National Academy of Sciences conducted pursuant to subsection (c)

of this section and other information available to him has not indicated

that technology, processes, or other alternatives are available tu meet

such standards. ;

(E) Nothing in this paragrd@ph shall extend the effective date of

any emission standard required to be prescribed under this subsection

for more than one year.

Feasibility study and investigation by National Academy of Sciences; re-

ports to Administrator and Congress; uvailability of information

priate arrangements with the National Academy of Sciences to conduct

a comprehensive study and investigation of the technological feasibility

of meeting the emissions standards required to be prescribed by the

Administrator by subsection (b) of this section. ;

(2) Of the funds authorized to be appropriated to the Administrator

by this chapter, such amounts as are required shall be available to carry

out the study and investigation authorized by paragraph (1) of this sub-

section.

(3) In entering into any arrangement with the National Academy

of Sciences for conducting the study and investigation authorized by

paragraph (1) of this subsection, the Administrator shall request the

National Academy of Sciences to submit semiannual reports on the

progress of its study and investigation to the Administrator and the

Congress, beginning not later than July 1, 1971, and continuing until

such study and investigation is completed.

(4) The Administrator shall furnish to such Academy at its request

any information which the Academy deems necessary for the purpose

of conducting the investigation and study authorized by paragraph (1)

of this subsection. For the purpose of furnishing such information,

the Administrator may use any authority he has under this chapter (A)

to obtain information from any person, and (B) to require such person

to conduct such tests, keep such records, and make such reports respect-

ing research or other activities conducted by such person as may be

reasonably necessary to carry out this subsection.

Useful life of vehicles

(ad) The Administrator shall prescribe regulations under which the

useful Jife of vehicles and engines shall be determined for purposes

of subsection (a) (1) of this section and section 1857f—5a of this title.

Such regulations shall provide that useful life shall—

‘@

‘

40a

Clean Air Act

(1) in the case of light duty vehicles and light duty vehicle

engines, be a period of use of five years or of fifty thousand miles

(or the equivalent), whichever first occurs; and

(2) in the case of any other motor vehicle or motor vehicle

engine, be « period of use set forth in paragraph (1) unless the

Administrator determines that a period of use of greater duration

or mileage is appropriate.

New power sources or propulsion systems

(e) In the event a new power source or propulsion system for new

motor vehicles or new motor vehicle engines is submitted for certifica-

tion pursuant to section 1857f—5(a) of this title, the Administrator may

postpone certification until he has prescribed standards for any air

pollutants emitted by sucl. vehicle or engine which cause or contribute

to, or are likely to cause or contribute to, air pollution which endangers

the public health or welfare but for which standards have not been pre-

scribed under subsection (a) of this section.

As amended Dec. 31, 1970, Pub.L. 91-604, § 6(a), 84 Stat. 1690.

§ 1857%f—2. Prohifited actsx—Manufacture, sale, or importation of

vehicles or engines t in conformity with regulations; failure to make

reports or provide information; removal of devices installed in conformity

with regulations; prohibited sale or lease of vehicles or engines

(a) The following acts and the causing thereof are prohibited—

(1) in the case of a manufacturer of new motor vehicles or

new motor vehicle engines for distribution in commerce, the sale,

or the offering for sale, or the introduction, or delivery for intro-

duction, into commerce, or (in the case of any person, except as

provided by regulation of the Administrator), the importation into

the United States, of any new motor vehicle or new motor vehicle

engine, manufactured after the effective date of regulations under

this part which are applicable to such vehicle or engine unless such

vehicle or engine is covered by a certificate of conformity issued

(and in effect) under regulations prescribed under this part (ex-

cept as provided in subsection (b) of this section);

(2) for any person to fail or refuse to permit access to or copy-

ing of records or to fail to make reports or provide information,

required under section 1857f—6 of this title;

(3) for any person to remove or render inoperative any device

or element of design installed on or in a motor vehicle or motor

vehicle engine in compliance with regulations under this part prior

to its sale and delivery to the ultimate purchaser, or for any manu-

8 99H DETREI REIL NT RV OPN VIEL Boag RR AG

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Clean Air Act

facturer or dealer knowingly to remove or render inoperative any

such device or element of design after such sale and delivery to the

ultimate purchaser; or

(4) for any manufacturer of a new motor vehicle or new motor

vehicle engine subjec. to stamdards prescribed under section 1857f!—1

of this title—

(A) to sell or lease any such vehicle or engine unless such

manufacturer has complied with the requirements of section

1857f—5a(a) and (b) of this title with respect to such vehicle

or engine, and unless a label or tag is affixed to such vehicle

or engine in accordance with section 1857f—5a(c) (3) of this

title, or

(B) to fail or refuse to comply with the requirements of

section 1857f—5a(c) or (e) of this title.

Authority of Administrator to make exemptions; refusal to admit vehicie

or engine inte United States; vehicles or engines intended for export

(b) (1) The Administrator may exempt any new motor vehicle or new

motor vehicle engine froin subsection (a) of this section u on such terms

and conditions as he may find necessary for the purpose of research,

investigations, studies, demonsirations, or training, or for reasons of

national security.

(2) A new motor vehicle or new motor vehicle engine offered for

importation or imported by any person in violation of subsection (a) of

this section shall be refused admission into the United States, but the

Secretary of the Treasury and the Administrator, may, by joint regula-

tion, provide for deferring final determination as to admission and

authorizing the delivery of such a motor vehicle or engine offered for

import to the owner or consignee thereof upon such terms and conditions

(including the furnishing of a bond) as may appear to them appropriate

to insure that any such motor vehicle or engine will be brought into

conformity with the standards, requirements, and limitations applicable

to it under this part. The Secretary of the Treasury shall, if a motor

_ vehicle or engine is finally refused admission under this paragraph,

cause disposition thereof in accordance with the customs laws unless

it is exported, under regulations prescribed by such Secretary, within

ninety days of the date of notice of such refusal or such additional dme

as may be permitted pursuant to such regulations, except thac -jisposi-

tion in accordance with the customs laws may not be made ‘a auch

manner as may result, directly or indirectly, in the sale, to the nitimate

consumer, of a new motor vehicle or new motor vehicle engine that

42a

Clean Air Act

fails to comply with applicable standards of the Administrator uncer this

part.

(3) A new motor vehicle or new motor vehicle engine intended solely

for export, and so labeled or cagged on the outside of the container asd on

the vehicle or engine itself, shall be subject to the provisions of sub-

section (a) of this section, except that if the country of export has

ewission standards which differ from the standards prescribed under

subsection (a) of this section, then such vehicle or engine shall comply

with the standards of such country of export.

Exemptions; annual report of exemptions to Congress

subsection (2) (3) of this section any vehicles (or class thereof) manu-

factured before the 1974 model year from subsection (a) (3) of this

section 1 for the purpose of permitting modifications to the emission

control device or system of such vehicle in order to use fuels other than

those specified in certification testing under section 1857f—5(a) (1) of

this title, if the Administrator, on the basis of information submitted by

the applicant, finds that such modification will not result in such vehicle

or engine not complying with standards under section 1857f—1 of this

title applicable to euch vehicle or engine. Any such exemption shall

identify (1) the vehicle or vehicles so exempted, (2) the specific nature

of the modification, and (3) the person or class of persons to whom the

exemption shall apply.

2 As amended Dec. 31, 1970, Pub.L. 91-604, §§ 7(a), 11(a) (2) (A), 15

A (c) (2), 84 Stat. 1693, 1705, 1713.

“

LF |

§ 1857f—3. Jurisdiction of district court to restrain violations; ac-

tions hrought by or in name of United States; territorial scope of subpenas

for witnesses

(a) The district courts of the United States shall have jurisdiction

to restrain violations of paragraph (1), (2), (3), or (4) of section

1857f—2(a) of this title.

; * * * * * ” * * * *

; As amended Dec. 31, 1970, Pub.L. 91-604, § 7(b), 84 Stat. 1694.

(b) Actions to restrain such violations shall be brought by and

in the name of the United Siates. In any such action, subpenas for

witnesses who are required to attend a district court in any district

may run into any other district.

July 14, 1955, c. 360, Title II, § 204, as added Oct. 20, 1965, Pub.L.

ee anki LEICA TT DANE MIE SONNTAG LER EMS TENE PS DR IMS PEST TIN

Mee er eey ep cane enn serge rine ERIE mene

43a

Clean Air Act

89-272, Title I, § 101(8), 79 Stat. 994, and amended Nov. 21, 1967,

Pub.L. 90-148, § 2, 81 Stat. 500.

Histprical Note

197 Amendment. Pub... 90-148 recu- 105, U.8.Code Cong. and Adin.News, DP.

acted section without chanre. 3608. Sec, also, Pub.L. 90-148, 1967 U.S

‘ Code Cong. and Adm.News, p. 1938

Legisiative History. For legislative

history and purpose of Pub.L. 89-272, see

§ 1857f—4. Penalties for violations; separate offenses

Any person who violates paragraph (1), (2), (3), or (4) of section

1857f—2(a) of this title shall be subject to a civil penalty of not more

than $10,000. Any such violation with respect to paragraph (1), (2), or

(4) of section 1857f—2(a) of this title shall constitute a separate offense

with respect to each motor vehicle or motor vehicle engine.

As amended Dec. 31, 1970, Pub.L. 91-604, § 7(c), 84 Stat. 1694.

§ 1857f—5. Motor vehicle and motor vehicle engine compliance test-

ing and certification—Testing and issuance of certificate of conformity

(a) (1) The Administrator shall test, or require to be tested in such

manner as he deems appropriate, any new motor vehicle or new motor

vehicle engine submitted by a manufacturer to determine whether such

vehicle or engine conforms with the regulations prescribed under section

1857f—1 of this title. If such vehicle or engine conforms to such regu-

lations, the Administrator shall issue a certificate of conformity upon

such terms, and for such period (not in excess of one year), as he may

prescribe.

(2) The Administrator shall test any emission control system incor-

porated in a motor vehicle or motor vehicle engine submitted to him

by any person, in order to determine whether such System enables such

vehicle or engine to conform to the standards required to be prescribed

under section 1857f—1(b) of this title. If the Administrator finds on

the basis of such tests that such vehicle or engine conforms to such stand-

ards, the Administrator shall issue a verification of compliance with

emission standards for such system when incorporated in vehicles of

a class of which the tested vehicle is representative. He shall inform

manufacturers and the National Academy of Sciences, and make avall-

able to the public, the results of such tests. Tests under this paragraph

Shall be conducted under such terms and conditions (including require-

ments for preliminary testing by qualified independent laboratories) as

the Administrator may prescribe by regulations.

elo ETNA,

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Clean Air Act

Testing precedures; hearing; judicial review; additional evidence

(b) (1) In order to determine whether new motor vehicles or new

motor vehicle engines being manufactured by 2 manufacturer do in fact

conform with the regulations with respect to which the certificate of

conformity was issued, the Administrator is authorized to test such ve-

hicles or engines. Such tests may be conducted by the Administrator

directly or, in accordance with conditions specified by the Administrator,

by the manufaciurer.

(2) (A) (i) If, based on tests conducted under paragraph (1) on a

Sumple of new vehicles or engines covered by a certificate of conformity,

the Administrator determines that all or part of the vehicles or engines

so covered do not conform with the regulations with respect to which

the certificate of conformity was issued, he may suspend or revoke such

certificate in whole or in part, and shall so notify the manufacturer.

Such suspension or revocation shall a »ly in the case of any new motor

vehicles or new motor vehicle engines manufactured after the date of

such notification (or manufactured before such date if still in the hands

of the manufacturer), and shall apply until such time as the Adminis-

trator finds that vehicles and engines manufactured by the manufactur-

er do conform to such regulations. If, during any period of suspension

or revocation, the Administrator finds that a vehicle or engine actually

conforms to such regulations, he shall issue a certificate of conformity

applicable to such vehicle or engine.

(ii) If, based on tests conducted under paragraph (1) on any new

vehicle or engine, the Administrator determines that such vehicle or

engine does not conform with such regulations, he may suspend or re-

voke such certificate insofar as it applies to such vehicle or engine until

such time as he finds such vehicle or engine actually so conforms with

such regulations, and he shall so notify the manufacturer.

(B) (i) At the request of any manufacturer the Administrator shall

grant such manufacturer a hearing as to whether the tests have been

properly conducted or any sampling methods have been properly applied,

and make a determination on the record with respect to any suspen-

sion or revocation under subparagraph (A); but suspension or revoca-

tion under subparagraph (A) shall not be stayed by reason of such

hearing.

(ii) In any case of actual controversy as to the validity of any deter-

mination under clause (i), the manufacturer may at any time prior

to the 6th day after such determination is made file a petition with

the United States court of appeals for the circuit wherein such manu-

Gren gear reeset prea y eee Neen ast

L4Sa

Clean Air Act

facturer resides or has his principal place of busimess for a judicial re-

view of such determination. A copy of the petitipn shall be forthwith

transmitted hy the clerk of the court to the Administrator or other

officer designated by him for that purpose. The| Administrator there-

upon shall file in the court the record of the proceedings on which the

Administrator based his determination, as provid in section 2112 of

Title 28.

(iii) If the petitioner applies to the court for Ipave to adduce addi-

tional evidence, and shows to the satisfaction of the|court that such addi-

tional evidence is material and that there were reasonable grounds for

the failure to adduce such evidence in the proce¢ding before the Ad-

ministrator, the court may order such additional evidence (and evidence

in rebuttal thereof) to be taken before the Adminigtrator, in such man-

ner aud upon such terms and conditions as the court may deem proper.

The Administrator may modify his findings as to the facts, or make

new findings, by reascn of the additional evidence so taken and he shall

file such modified or new findings, and his recommendation, if any, for

the modification or setting aside of his origina) determination, with the

return of such additional evidence.

(iv) Upon the filing of the petition referred to in clause ({1i), the

court. shall have jurisdicuun to review the order in accordance with

chapter 7 of Title 5 and to grant appropriate relief as provided in such

chapter.

Inapection :

ees duly designated hy the Administrator, upon presenting appropriate

credentials to the manufacturer or person in charge, are authorized (1)

to enter, at reasonable times, any plant or other establishment of such

manufacturer, fur the purpose of conducting tests of vehicles or en-

gines in the hands of the manufacturer, or (2) to inspect at reasonable

times, records, files, papers, processes, controls, and facilities used by

such manufacturer in conducting tests under regulations of the Admin-

istrator. Each such inspection shall be commenced and completed with

reasonable promptness.

Rules and regulations

(d) The Administrator shall by regulation establish methods and pro-

cedures for making tests under this section.

Publication of test results

(e) The Administrator shall announce in the Federal Register and

Léa

Clean Air Act

make available to the public the results of his tests of any wotor vehicle

or motor vehicle engine submitted by a manufacturer under subsection

(a) of this section as promptly as possible after December 31, 1970,

and at the beginning of eack model year which begins thereafter. Such

results shall be described in such nontechnical manuer as will reason-

ably disclose to prospective ultimate purchasers of new motor vehicles

and new motor vehicle engines the comparative performance of the ve-

hicles and engines tested in meeting the standards prescribed under

section 1857f—1 of this title.

July 14, 1955, c. 360, Title II, § 206, as added Dec. 31, 1970, Pub.L. 91-

604, § 8(a), 84 Stat. 1694.

1 @ertroun i dela

PART A.—MOTOR VEHICLE EMISSION AND FUEL STANDARDS

Baa ta Partrslas. €

§ 1857f—Sa. Compliance by vehicles and engines in actual use—

Warranty

(a) Effective with respect to vehicles and engines manufactured in

% model years beginning more than 60 days after December 31, 1970,

“ the manufacturer of each new motor vehicle and new motor vehicle

engine shall warrant to the ultimate purchaser and each subsequent

purchaser that such vehicle or engine is (1) designed, built, and equipped

so as to conform at the time of sale with applicable regulations under

section 1857f—1l, of this title, and (2) free from defects in materials

and workmanship which cause such vehicle or engine to fail to conform

with applicable regulations for its useful life (as determined under

section 1857f—1(d) of this title).

Testing methods and procedures

(b) If the Administrator determines that (i) there are available

testing methods and procedures to ascertain whether, when in actual

use throughout its useful life (as determined under section 1857f—1(d)

of this title), each vehicle and engine to which regulations under section

isiti—1 of this title apply complies with the emission standards of

such regulations, (ii) such methods and procedures are in accordance

With good engineering practices, and (iii) such methods and procedures

#ie reasunabiy Capable of being correlated with tests conducted under

f€ciion 1857f—5(a) (1) of this titie, then—-

(1) he shall establish such methods and procedures by regula-

tion, and

(2) at such time as he determines that inspection facilities or

equipment are available for purposes of carrying out testing methods

Rewaeree rpm eaeemon erator, UE HS EOL TE DEY OER ORL TE OSA

47a

Clean Air Act

and procedures established under paragraph (1), he shall prescribe

regulations which shall require manufacturers to warrant the emis-

sion control device or system of each new motor vehicle or new mo-

tor vehicle engine to which a regulation under section 1857f—1 of

this title applies and which is manufactured in a model year be-

ginning after the Administrator first prescribes warranty regula-

tions under this paragraph (2). The warranty under such regu-

latious shall run to the ultimate purchaser and each subsequent pur-

chaser and shall provide that if—

(A) the vehicle or engine is maintained and operated in ac-

cordance with instructions under subsection (c) (3) of this

section,

(B) it fails to conform at any time during its useful life

(as determined under section 1857f—1(d) of this title) to the

regulations prescribed under section 1857f—1 of this title, and

(or any subsequent purchaser) of such vehicle or engine having

to bear any penalty or other sanction (including the denial of

the right to use such vehicle or engine) under State or Federal

law,

then such manufacturer shall remedy such nonconformity under

such warranty with the cost thereof to be borne by the manufac-

turer.

Nonconforming vehicles; plan for remedying noneconformity;

inatructions for maintenance and use

ing model years beginning more than 60 days after December 31,

1970—

(1) If the Administrator determines that a substantial number

of any class or category of vehicles or engines, although properly

maintained and used, do not conform to the regulations prescribed

under section 1857f—1 of this title, when in actual use through-

out their useful life (as determined under section 1857f—1(d) of

this title), he shall immediately notify the manufacturer thereof

of such nonconformity, and he shall require the manufacturer to

fubmit a plan for remedying the nonconformity of the vehicles or

engines with respect to which such notification is given. The plan

shall provide that the nonconformity of any such vehicles or en-

Rin-s which are properly used and maintained will be remedied at

jhe expense of the manufacturer. If the manufacturer disagrees

eee een eee ee ee nee

Aan

48a

Clean Air Act

wita such determination of nonconformity and so advises the Ad-

mitisirator, the Administrator shall afford the manufacturer and

other interested persons an opportunity to present their views and

evitience in support thereof at a public hearing. Unless, as a result

of such hearing the Administrator withdraws such determination of

nonconformity, he shall, within 60 days after the completion of such

hearing, order the manufacturer to provide prompt notification

of euch nonconformity in accordance with paragraph (2).

(2) Aay notification required by paragraph (1) with respect

to any Class or category of vehicles or engines shall be given to deal-

ers, ultimate purchasers, and subsequent purchesers (if known) in

such manner and containing such information as the Administrator

may by regulations require.

(3) The manufacturer shall furnish with each new motor ve-

hicle or motor vehicle engine such written instructions for the

maintenance and use of the vehicle or engine by the ultimate pur-

chaser as may be reasonable and necessary to assure the proper

functioning of emission control devices and systems. In addition,

the manufacturer shall indicate by means of a label or tag per-

manently affixed to such vehicle or engine that such vehicle or

engine is covered by a certificate of conformity issued for the pur-

pose of assuring achievement of emissions standards prescribed

under section 1857f—1 of this title. Such label or tag shall con-

tain such other information relating to control of motor vehicle

emissions as the Administrator shall prescribe by regulation.

Dealer costs borne by manufacturer

(d) Any cost obligation of any dealer incurred as a result of any re-

quirement imposed by subsection (a), (b), or (c) of this section shall

be borne by tre manufacturer. The transfer of any such cost obligation

from a manufacturer to any dealer through franchise or other agreement

is prohibited.

Cost statement

(e) If a manufacturer includes in any advertisement a statement re-

specting the cost or value of emission control devices or systems, such

manufacturer shall set forth in such statement the cost or value attrib-

utei to such devices or systems by the Secretary of Labor (through the

Bureau of Labor Statistics). The Secretary of Labor, and his representa-

tives, shall have the same access for this Purpose to the books, docu-

ments, papers, and records of a manufacturer as the Comptroller General

has to those of a recipient of assistance for purposes of section 1857j of

this title.

SRR eer ese re ct eee eC TIRES E EEF OE EET YEE EDIE MOAT E Are IMR EN

49a

Clean Air Act

Inspection after wale to ultimate purchaser

(f) Any inspection of a motor vehicle or a motor vehicle engine for

purposes of subsection (c) (1) of this section, after its sale to the ulti-

mate purchaser, shall be made only if the owner of such vehicle or en-

gine voluntarily permits such igspection to be made, except as may be

provided by any State or local inspection program.

July 14, 1955, c. 360, Title If, § 207, as added Dee. 31, 1970, Pub.L. 91-—

604, § 8(a), 84 Stat. 1696.

§ 1857f—6. Keports, records, and information required; access to

and copying records; availability to public; disclosure of trade secrets

(a) Every manufacturer shall establish and maintain such records,

make such reports, and provide such information, as the Administrator

may reasonably require to enable him to determine whether such manu-

facturer has acted or is acting in compliance with this part and regula-

tions thereunder and shall, upon request of an officer or employee duly

designated by the Administrator, permit such officer or employee at rea-

sonable times, to have access to and copy such records.

(b) Any records, reports or information obtained under subsection

(a) of this section shall be available to the public, except that upon a

showing satisfactory to the Adininistrator by any person that records,

reports, or information, or particular part thereof (other than emission

data), to which the Administrator has access under this section if made

public, would divulge methods or processes entitled to protection as

trade secrets of such person, the Administrator shall consider such

record, report, or ipformation or particular portion thereof confiden-

tial in accordance with the purposes of section 1905 of Title 18, except

thet such record, report, or information may be disclosed to other offi-

cers, employees, or authorized representatives of the United States

concerned with carrying out this chapter or when relevant in any pro-

ceeding under this chapter. Nothing in this section shall authorize

the withholding of information by the Administrator or any officer or

employee under his control, from the duly authorized committees of the

Congress.

July 14, 1955, e. 360, Title 11, § 208, formerly § 207, as added Oct. 20,

1965, Pub.L. 89-272, Title I, § 101(&), 79 Stat. 994, amended Nov. 21,

1967, Pub.L. 90-148, § 2, 81 Stat. 501, renumbered and amended Dec.

31, 197u, Pub.L. 91-604, §§ 8(a), 10(a), 11(a) (2) (A), 15(e) (2), 84

Stat. 1694, 1700, 1795, 1713.

§ 1857f-—Ga. State standards

(a) No State or any political subdivision thereof shall adopt or at-

tempt to enforce any standard relating to the control of emissions from

‘

50a

Clean Air Act

new motor vehicles or new motor vehicle engines subject to this par

Ne State shall require certification, inspection, or any other approva

relating to the contro! of emissions from any new motor vehicle or nev

motor vehicle engine as condition precedent to the initial retail sale

titling (if any), or registration of such motor vehicle, motor vehicle en

gine, or equipment.

(b) The Administrator shall, after notice and opportunity for publi

hearing, waive application of this section to any State which has adopte

standards (other than crankcase emission standards) for the control o

emissions from new motor vehicles or new motor vehicle engines prio

to March 30, 1966, unless he finds that such State does not requir

Standards more stringent than applicable Federal standards to meet com

pelling and extraordinary conditions or that such State standards ant

accompanying enforcement procedures are not consistent with sectio1

1857f{—1(a) of this title.

litical subdivision thereof the right otherwise to control, regulate, o1

restrict the use, operation, or movement of registered or licensed moto:

vehicles,

July 14, 1955, c. 360, Title II, § 209, formerly § 208, as added Nov. 21]

1967, Pub.L. 90-145, § 2, 81 Stat. 501, renumbered and amended Dec

31, 1970, Pub.L. 91-604, §§ 8(a), 11(%) (2) (A), 15(e) (2), 84 Stat

1694, 1705, 1713.

§ 1857f—6b. Federal assistance in developing and maintaining ve

hicle emission devices and systems inspection and emission testing an

contro] programs

The Administrator is authorized to make grants to appropriate Stat

agencies in an amount up to two-thirds of the cost of developing anc

maintaining effective vehicle emission devices and systems inspectio:

and emission testing and contro! progranis, except that-——

(1) no such grant shal) be made for any part of any State vehicl

inspection program which does not directly relate to the cost of th

air pollution control aspects of such a program; ;

(2) no such grant shall be made unless the Secretary of Transpor

tation has certified to the Administrator that such program is con:

sistent with any highway safety program developed pursuant to sec.

tion 402 of Title 23; and

(3) no such grant shall be made unless the program includes

provisions designed to insure that emission control devices and sys-

eres oe ry 8h NT IEP SLIPS LOT IG LTPP BEL ILE pee RON

Sla

Clean Air Act

tems on vehicles in actual use have not been discontinued or render-

ed inoperative.

July 14, 1955, c. 360, Title II, § 210, formerly § 209, as added Nov. 21,

1967, Pub.L. 90-148, § 2, 81 Stat. 502, renumbered and amended Dec.

31,1970, Pub.L. 91-604, §§ 8(a), 10(b), 84 Stat. 1694, 1700.

§ 1857f—6c_ Regulation of fuels—Anthority of Administrator to reg-

ulate

(a) The Administrator may by regulation designate any fuel or fuel

additive and, after such date or dates as may be prescribed by him, no

manufacturer or processor of any such fuel or additive may sell, offer

for sale, or introduce into commerce such fuel or additive unless the

Administrator has registered such fuel or additive in accordance with

subsection (b) of this section.

Registration requirement

(b) (1) For the purpose of registration of fuels and fuel additives, the

Administrator shall require—

(A) the manufacturer of any fuel to notify him as to the com-

mercial identifying name and manufacturer of any additive contain-

ed in such fuel; the range of concentration of any additive in the

fuel; and the purpose-in-use of any such additive; and

(B) the manufacturer of any additive to notify him as to the

chemical composition of such additive.

(2) For the purpose of registration of fuels and fuel additives, the

Administrator may also require the manufacturer of any fuel or fuel

additive—

(A) to conduct tests to determine potential public health effects

of such fuel or additive (including, but not limited to, carcinogenic,

teratogenic, or mutagenic effects) , and

(B) to furnish the description of any analytical technique that

can be used to detect and measure any additive in such fuel, the rec-

ommended range of concentration of such additive, and the recom-

mended purpose-in-use of such additive, and such other information

as is reasonable and necessary to determine the emissions resulting

from the use of the fuel or additive contained in such fuel, the ef-

fect of such fuel or additive on the emission control performance of

any vehicle or vehicle engine, or the extent to which such emissions

affect the public health or weltare.

Tests under subparagraph (A) shall be conducted in conformity with test

procedures and protocols established by the Administrator. The result

. —_ sia arta lta aes in ah ET ag MCAD Seed eA POA SOME DI QET EY

BERR rr tte cee anne enpaeirne octet rene ees Wn PENT ae SERRA ON

52a

Clean Air Act

of such tests shall not be considered confideatial.

(3) Upon compliance with the provision of this subsection, including

assurances that the Administrator will receive changes in the information

required, the Administrator shall register such fuel or fuel additive.

Control or prohibition of offending fuels and fuel additives

information obtained under subsection (b) of this section or other in-

formation available to him, by regulation, control or prohibit the manu-

facture, introduction into commerce, offering for sale, or sale of any

fuel or fuel additive for use in a motor vehicle or motor vehicle engine

(A) if any emission products of such fuel or fuel additive will endanger

the public health or welfare, or (B) if emission products of such fuel

or fuel additive will impair to a significant degree the performance of

any emission control device or system which is in general use, or which

the Administrator finds has been developed to a point where in a rea-

sonable time it would be in general use were such regulation to be

pro nulgated.

(2) (A) No fuel, class of fuels, or fuel additive may be controlled

or prohibited by the Administrator Pursuant to clause (A) of paragraph

(1) except after consideration of all relevant medical and scientific

evidence available to him, including consideration of other technological-

ly or economically feasible means of achieving emission standards under

section 1857f—1 of this title.

(B) No fuel or fuel additive may be controlled or prohibited by the

Administrator pursuant to clause (B) of paragraph (1) except after

consideration of available scientific and economic data, including a cost

benefit analysis comparing emission control devices or systems which

are or will be in general use and require the proposed control or pro-

hibition with emission control devices or Systems which are or will be

in general use and do not require the proposed control or prohibition.

On request of a manufacturer of motor vehicles, motor vehicle engines,

fuels, or fuel additives submitted within 10 days of notice of proposed

rulemaking, the Administrator shall hold a public hearing and publish

findings with respect to any matter he is required to consider under

this subparagraph. Such findings shall be published at the time of

promulgation of final regulations.

under paragraph (1) unless he finds, and publishes such finding, that in

his judgment such prohibition will not cause the use of any other fuel

53a

Clean Air Act

or fuel additive which will produce emissions which will endanger the

public health or welfare to the same or greater degree than the use of

the fuel or fuel additive proposed to be prohibited.

(3) (A) For the purpose of obtaining evidence and data to carry

out paragraph (2), the Administrator may require the manufacturer of

any motor vehicle or motor vehicle engine to furnish any information

which has been developed concerning the emissions from motor vehicles

resulting from the use of any fuel or fuel additive, or the effect of such

use on the performance of any emission control device or system.

(B) In obtaining information under subparagraph (A), section 1857h

—5(a) of this title (relating to subpenas) shall be applicable.

(4) (A) Except as otherwise provided in subparagraph (B) or (C),

no State (or political subdivision thereof) may prescribe or attempt to

enforce, for purposes of motor vehicle emission control, any control or

Prohibition respecting use of a fuel or fuel additive in a motor vehicle

or motor vehicle engine——

(i) if the Administrator has found that no control or prohibition

under paragraph (1) is necessary and has published his finding in

the Federal Register, or

(ii) if the Administrator has prescribed under paragraph (1) a

control or prohibition applicable to such fuel or fuel additive, unless

State prohibition or control is identical to the prohibition or control

prescribed by the Administrator.

(B) Any State for which application of section 1857f—6a(a) of this

title has at any time been waived under section 1857f—6a(b) of this

title may at any time prescribe and enforce, for the purpose of motor

vehicle emission control, a control or prohibition respecting any fuel or

fuel additive.

emission control, a control or prohibition respecting the use of a fuel or

fuel additive in a motor vehicle or motor vehicle engine if an applicable

implementation plan for such State under section 1857c—5 of this title

So provides. The Administrator may approve such provision in an im-

plementation plan, or promulgate an implementation plan containing

such a provision, only if he finds that the State control or prohibition is

necessary to achieve the national primary or secondary ambient air qual-

ity standard which the plan implements.

Penalty

(d) Any person who violates subsection (a) of this section or the

regulations prescribed under subsection (c) of this section or who fails

eer eos

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Clean Air Act

to furnish any information required by the Administrator under subsection

(b) of this section shall forfeit and pay to the United States a civil pen-

alty of $10,000 for each and every day of the continuance of such vio-

lation, which shall accrue to the United Stetes and be recovered in a civil

suit in the name of the United States, brought in the district where such

person has his principal office or in any district in which he does busi-

ness. The Administrator may, upon application therefor, remit or miti-

gete any forfeiture provided for in this subsection and he shall have au-

thority to determine the facts upon all such applications.

July 14, 1955, c. 360, Title IJ, § 211, formerly § 210, as added Nov. 21,

1967, Pub.L. 90-148, § 2, 81 Stat. 502, renumbered and amended Dec.

4 21, 1970, Pub.L. 91-604, §§ 8(a), 9(a), 84 Stat. 1694, 1698; Nov. 18,

1971, Pub.L. 92-157, Title III, § 302(d), (e), 85 Stat. 464.

§ 1857f—tée. Low-emission vehicles—Definitions

(a) For the purpose of this section—

(1) The term “Board” means the Low-Emission Vehicle Certifica-

tion Board.

‘ (2) The term ‘Federal Government” includes the legislative, ex-

ecutive, and judicial branches of the Government of the United

States, and the government of the District of Columbia.

¥ (3) The term “motor vehicle’ means any self-propelled vehicle

designed for use in the United States on the highways, other than

a a vehicle designed or used for military field training, combat, or

tactical purposes.

(4) The term “low-emission vehicie’’ means any motor vehicle

which—

(A) emits any air pollutant in amounts significantly below

new motor vehicle standards applicable under section 1857f—1

of this title at the time of procurement to that type of vehicle;

and

(B) with respect to all other air pollutants meets the new

motor vehicle standards applicable under section 1857f—1 of

this title at the time of procurement to that type of vehicle.

(5) The term “retail price’ means (A) the maximum statutory

price applicable to any class or model of motor vehicle; or (B) in

any case where there is ao applicable maximum statutory price, the

most recent procurement price paid for any class or model of motor

vehicle.

Bro res ere we RG RY RIOT, RI LEAN IE NAPE MUI SAH MONET A EMR ALOT UNINC Te

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Clean Air Act

Low-Emisston Vehicle Certification Board; eatabliahment; composition; np-

pointment; Chairman; compensation; travel expenses; em t and

compensation of ndditional personnel; time aad piace of meetings; pow-

ers

(b) (1) Theie is established a Low-Emission Vehicle Certification

Board to be composed of the Administrator or his designee, the Secre-

tary of Transportation or his désignee, the Chairman of the Council on

Environmental Quality or his designee, the Director of the National

Highway Safety Bureau in the Department of Transportation, the Ad-

ministrator of General Services, and two members appointed by the

President. The President shall designate one member of the Board as

Chairman.

(2) Any member of the Board not employed by the United States

may receive compensation at the rate of $125 for each day such member

is engaged upon work of the Board. Each member of the Board shall

be reimbursed for travel expenses, including per diem in lieu of sub-

sistence as authorized by section 5703 of Title 5 for persons in the

Government service employed intermittently.

(3) (A) The Chairman, with the concurrence of the members of

the Board, may employ and fix the compensation of such additional

personnel aS may be necessary to carry out the functions of the Board,

but no individual so appointed shall receive compensation in excess of

the rate authorized for GS-18 by section 5332 of Title 5.

(B) The Chairman may fix the time and place of such meetings as

may be required, but a meeting of the Board shall be called whenever

a majority of its members so request.

its responsibilities under this section. ‘

Determination by Administrator of models or classes of motor vehicles

qualifying as low-emixsion vehicles

motor vehicles qualify as low-emission vehicles in accordance with the

provisions of this section.

Certification by Hoard; specifications for aultable substitutes; criteria

fer certification; term of certification; procedure fur certification

(d) (1) The Board shall certify any class or model of motor vehicles—

(A) for which a certification application has been filed in accord-

ance with paragraph (3) of this subsection;

(B) which is a low-emission vehicle as determined by the Ad-

Sh eet oe.

Las aii aa Sed coma Se

56a

Clean Air Act

ministrator; and

a class or model of vehicles at that time in use by agencies of the

Federal Government.

The Board shall specify with particularity the class or model of vehicles

for which the class or model of vehicles described in the application is a

suitable substitute. In making the determination under this subsection

the Board shall consider the following criteria:

(i) the safety of the vehicle;

(ii) its performance characteristics;

(iii) {ts reliability potential;

(iv) its serviceability;

(v) its fuel availability;

(vi) its noise level; and

(vii) its maintenance costs as compared with the class or model

of motor vehicle for which it may be a suitable substitute.

(2) Certification under this section shall be effective for a period of

one year from the date of issuance.

(3) (A) Any party seeking to have a class or model of vehicle certi-

fied under this section shall file a certification application in accordance

with regulations prescribed by the Board.

(B) The Board shall publish a notice of each application received

in the Federal Register.

for the purpose of this section in accordance with procedures prescribed

by regulation by the Administrator and the Board, respectively.

(D) The Administrator and the Board shall conduct whatever in-

vestigation is necessary, including actual inspection of the vehicle at a

plece designated in regulations prescribed under subparagraph (A).

(E) The Board shall receive and evaluate written comments and docu-

ments from interested parties in support of, or in opposition to, certifica-

tion of the class or model of vehicle under consideration.

(F) Within 90 days after the receipt of a properly filed certification

application, the Administrator shall determine whether such class or

model of vehicle is a low-emission vehicle, and within 180 days of such

determination, the Board shall reach a decision by majority vote as to

whether such class or model of vehicle, having been determined to be a

low-emission vehicle, is a suitable substitute for any Class or classes of

vehicles presently being purchased by the Federal Government for use

by its agencies.

bs RS LEPESANT L I OE OL LEE BLD TPT EOL ES EY LONE FEIN

PITRE INERT IT ET

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Clean Air Act

(G) Immediately upon making any determination or decision under

subparagraph (F), the Administrator and the Board shall each publish

in the Federal Register notice of such determination or decision, includ-

ing reasons therefor and in the case of the Board any dissenting views.

Acquisition by Federal government by purchase or lease;

procurement costs; contract provisions

(e) (1) Certified low-emission vehicles shall be acquired by pur-

chase or lease by the Federal Government for use by the Federal Govern-

ment in lieu of other vehicles if the Administrator of General Services

determines that such certified vehicles have procurement costs which

are no more than 150 per centum of the retail price of the least expensive

class or model of motor vehicle for which they are certified substitutes.

(2) In order to encourage development of inherently low-polluting

propulsion technology, the Board may, at its discretion, raise the pre-

mium set forth in Paragraph (1) of this subsection to 200 per centum

of the retail price of any class or model of motor vehicle for which a

certified low-emission vehicle is a certified substitute, if the Board

determines that the certified low-emission vehicle is Powered by an

inherently low-polluting propulsion system.

(3) Data relied upon by the Board and the Administrator in deter-

mining that a vehicle is a certified low-emission vehicle shall be incor-

Porated in any contract for the procurement of such vehicle.

Priority for purchase by procuriag agency

(f) The procuring agency shall be required to purchase available

certified low-emission vehicles which are eligible for purchase to the

extent they are available before purchasing any other vehicles for which

any low-emission vehicle is a certified substitute. In making purchasing

Selections between competing eligible certified low-emission vehicies,

the procuring agency shall give priority to (1) any class or model which

does not require extensive periodic maintenance to retain its low-polluting

qualities or which does not require the use of fuels which are more ex-

pensive than those of the classey or models of vehicles for which it isa

certified substitute; and (2) passenger vehicles other than buses.

Waiver of statutory price limitations

(g) For the purpose of Procuring certified low-emission vehicles any

Statutory price limitations shall be waived.

EEN TERA AR RR

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Clean Air Act

Testing of emissions from certified low-emission vehtcles purchased by

the Federnul government; Precedure; recertification

(h) The Administrator shall, from time to time as the Hoard deems

appropriate, test the emissions from certified low-emission vehicles pur-

chased by the Federal Government. If at any time he finds that the

emission rates exceed the rates on which certification under this section

was based, the Administrator shall notify the Board. Thereupon the

Board shall give the supplier of such vehicles written notice of this

finding, issue public notice of it, and give the supplier an opportunity

to make necessary repairs, adjustments, or replacements. If no such

repairs, adjustments, or replacements are made within a period to be

; set by the Board, the Board may order the supplier to show cause why

the vehicle involved should be eligible for recertification.

d Autherisation of appropriations

(i) There are authorized to be appropriated for paying additiona:

amounts for motor vehicles pursuant to, and for carrying out the pro-

visions of, this section, $5,000,000 for the fiscal year ending June 30,

1971, and $25,000,000 for each of the three succeeding fiscal years.

Promulgation by Board of implementing procedures

(j) The Board shall promulgate the procedures required to im ple-

ment this section within one hundred and eighty days after December

31, 1970.

July 14, 1955, «. 360, Title II, § 212, as added Dec. 31, 1970, Pub.L.

21-604, § 10(c), 84 Stat. 1700. As amended Apr. 9, 1973, Pub.L. 93-15,

§ 1(b), 87 Stat. 11. ;

‘ Ws a 3 a a ite is hk ta a

PT RG BSL LO RB REE AD

§ 1857f—7. Definitions

As used in this part—

(1) The term “manufacturer” as used in sections 1857f—1,

1857f—2, 1857f--5, 1857f—6, and 1857f—6a of this title means

any person engaged in the manufacturing or assembling of new

motor vehicles or new motor vehicle engines, or importing such

vehicles or engines for resale, or who acts for and is under the con-

trol of any such person in connection with the distribution of

new motor vehicles or new motor vehicle engines, but shall not in-

clude any dealer with respect to new motor vehicles or new motor

vehicle engines received by him in commerce.

sgt Ae

SA dee than

(2) The term “motor vehicle” means any self-propelled ve-

hicle designed for transporting persons or property on a street

3 or highway.

dat

as AEF OE LIM AM 0 IEP LR GSE LO BLS

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Clean Air Act

(3) Except with respect to vehicles or engines imported or

offered for importation, the term “new motor vehicle’’ means a

motor vehicle the equitable or legal title to which has never been

transferred to an ultimate purchaser; and the term “new motor

vehicle engine’”’ means an engine in a new motor vehicle or a motor

vehicle engine the equitable or legal title to which has never been’

transferred to the ultimate purchaser; and with respect to imported

vehicles or engines, such terms mean a motor vehicle and engine,

respectively, manufactured after the effective date of a regulation

issued under section 1857f—1 of tuis title which is applicable to

such vehicle or engine (or which would be applicable to such vehicle

or engine had it been manufactured for importation into the United

States).

(4) The term “dealer” means any person who is engaged in

the sale or the distribution of new motor vehicles or new motor

vehicle engines to the ultimate purchaser.

(5) The term “ultimate purchaser” means, with respect to

any new motor vehicle cr new motor vehicle engine, the first

person who in good faith purchases such new motor vehicle or

new engine for purposes other than resale.

(6) The term “commerce” means (A) commerce between any

place in any State and any place outside thereof; and (B) com-

merce wholly within the District of Columbia.

* . s . s o * ° ® .

July 14, 1955, c. 360, Title Il, § 213, formerly § 208, as added Oct. 20,

1965, Pub.L. 89-272, Title I, § 101(8), 79 Stat. 994, renumbered § 212

and amended Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat. 503, renum-

bered § 213 and amended Dec. 31, 1970, Pub.L. 91-604, §§ 8(a), 10(d),

11(a) (2) (A), 84 Stat. 1694, 1703, 1705.

ee eee

§ 1857£—8. Repealed. Pub.L. 89-675, § 2(b), Oct. 15,

1966, 80 Stat. 954

PART B.—AIRCRAFT EMISSION STANDARDS

§ 1857f—9. Establishment of standards—Study; report; hearings;

issuance of reguiations

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ates LETSSINGIT IIE LTE IE LIOR LE AO TN LIN LE TNE -

DiS cals:

indeed § here

60a

Clean Air Act

(a) (1) Within 90 days after December 31, 1970, the Adwinistrator

shall commence a study and investigation of emissions of sir pollutants

from aircraft in order to determine—

(A) the extent to which such emissions affect air qualiiy in

air quality control regions throughout the United States, and

(B) the technological feasibility of controlling such emissions.

(2) Within 180 days after commencing such study and investigation,

the Administrator shall pubiish a report of such study and investigation

and shall issue proposed emission standards applicable to emissions of

any air pollutant from any class or classes of aircraft or aircraft engines

which in his judgment cause or contribute to or are likely to cause or

contribute to air pollution which endangers the public health or welfare.

(3) The Administrator shall hold public hearings with respect to

such proposed standards. Such hearings shall, to the extent practicable,

be held in air quality control regions which are most seriously affected

by aircraft emissions. Within 90 days after the issuance of such pro-

posed regulations, he shall issue such regulations with such modifica-

tions as he deems appropriate. Such regulations may be revised from

time to time.

Effective date of regulations

(b) Any regulation prescribed under this section (and any revision

thereof) shall take effect after such period as the Administrator finds

necessary (after consultat’on with the Secretary of Transportation) to

permit the development and application of the requisite technology,

giving appropriate consideration to the cost of compliance within such

period.

Consultation with Secretary of Transportation

respect to aircraft, shall be prescribed only after consultation with the

Secretary of Transportation in order to assure appropriate considera-

tion for aircraft safety.

July 14, 1955, c. 360, Title II, § 231, as added Dec. 31, 1970, Pub.L.

91-604, § 11(a) (1), 84 Stat. 1703.

§ 1857f—10. Enforcement of standards;

of Transportation;

certificates

(a) The Secretary of Transportation, after consultation with the Ad-

ministrator, shall prescribe regulations to insure compliance with all

standards prescribed under section 1857f-—9 of this title by the Adminis-

trator. The regulations of the Secretary of Transportation shall include

regulations by Secretary

proceedings to amend, modify, suspene, or revoke

Bes EPFL IL PL PE AS POLI IRE CT, ALE BURT ON

eas? TR wR pee: rte

6la

Clean Air Act

provisions making such standards applicable in the issuance, amend-

ment, modification, suspension, or revocation of any certificate authorized

by the Federal Aviation Act or the Department of Transportation Act.

Such Secretary shall insure that all necessary inspections are accomplish-

ed, and, may execute any power or duty vested in him by any other

provision of law in the execution of all powers and duties vested in him

under this section.

(b) In any action to amend, modify, suspend, or revoke a certificate

in which violation of an emission standard prescribed under section

1857f—9 of this title or of a regulation prescribed under subsection (a)

of this section is at issue, the certificate holder shall have the same

notice and appeal rights as are prescribed for such holders in the Federal

Aviation Act of 1958 or the Department of Transportation Act, except

that in any appeal to the National Transportation Safety Board, the Board

may amend, modify, or revoke the order of the Secretary of Transporta-

tion only if it finds no violation of such standard or regulation and that

such amendment, modification, or revocation is consistent with safety in

air transportation.

July 14, 1955, ¢. 360, Title Il, § 222, as added Dee. 21, 1970, Pub.L.

91-604, § 11(a) (1), 84 Stat. 1704.

§ 1857i—11. State standards and controls

No State or political subdivision thereof may adopt or attempt to en-

force any standard respecting emissions of any air pollutant from any

aircraft or engine thereof unless such standard is identical to a standard

applicable to such aircraft under this part.

July 14, 1955, e. 360, Title II, § 233, as added Dec. 31, 1970, Pub.L.

91-604, § 11(a) (1), 84 Stat. 1704.

Legislative History. For legislative 1970 U.S.Code Cong. and Adm.News, p.

history and purpuse of Pub.L. 91-604, see 5356,

§ 1857f—12. Detinitions

Terms used in this part (other than Administrator) shall have the

Sane meaning as such terms have under section 1301 of Title 49.

July 14, 1955, e. 260, Title II, § 234, as added Dec. 31, 1970, Pub.L.

91-604, § 11(a) (1), 84 Stat. 1705.

Legislative History. For legislative 1970 U.S.Code Cong. and Adin.News, p.

history und Purpose of Pub.L. 91-004, see 4356.

SUBCHAPTER I1I.—GENERAL PROVISIONS

§ 1857g. Administration—Regulations; delegation of powers of Ad-

ministrator

path itil

pee 62a

Clean Air Act

(a) The Administrator is authorized to prescribe such regulations as

are necessary to carry out his functions under this chapter. The Ad-

ministrator may delegate to any officer or employee of the Environmental

Protection Agency such of his powers and duties under this chapter,

except the making of regulations, as he may deem necessary or expedient.

Detail of Environmental Protection Agency personnel to

air pollution control agencies

(b) Upon the request of an air pollution control agency, personnel

of the Environmental Proteciion Agency may be detailed to such agency

for the purpose of carrying out the provisions of this chapter.

Payments under grants; instaliments; advances or reimbursement

in installments, and in advance or by wey of reimbursement, as may

be determined by the Administrator.

AS amended Dec. 31, 1970, Pub.L. 91-664, §§ 3(b) (2), 15(ce) (2), 84

Stat. 1677, 1713.

§ 1857h. Detinitions

When used in this chapter—

(a) The term ‘‘Administrator’ means the Administrator of the Environ-

mental Protection Agency.

* * * * * « tal * *~ *

(g) The term “air pollutant” means an air pollution agent or combina-

tion of such agents.

(h) All language referring to effects on welfare includes, but is not

limited to, effects on soils, water, crops, vegetation, manmade materials,

animals, wildlife, weather, visibility, and climate, damage to and deteriora-

tion of property, and hazards to transportation, as well as effects on

economic values and on personal comfort and well-being.

As amended Dec. 31, 1970, Pub.L. 91-604, § 15(a) (1), (c) (1), 84

Stat. 1710, 1713.

§ 1857h—1. Emergency powers

Notwithstanding any other provision of this chapter, the Administra-

tor, upon receipt of evidence that a pollution source or combination of

sources (including moving sources) is presenting an imminent and sub-

stantial endangerment to the health of persons, and that appropriate State

or local authorities have not acted to abate such sources, may bring suit

on behalf of the United States in the appropriate United States district

court to immediately restrain any person causing or contributing to the

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63a

Clean Air Act

alleged pollution to stop the emission of air pollutants causing or con-

tributing to such pollution or to take such other action as may be neces-

Sary.

July 14, 1955, c. 360, Title III, § 303, as added Dec. 31, 1970, Pub.L.

91-604, § 12(a), 84 Stat. 1705. 4 .

permitted by the Eleventh Amendment to the Constitution) who is

alleged to be in violation of (A) an emission standard or limitation

under this chapter or (B) an order issued by the Administrator

or a State with respect to such a standard or limitation, or

(2) against the Administrator where there is alleged a failure

of the Administrator to perform any act or duty under this chapter

which is not discretionary with the Administrator.

The district courts shall have jurisdiction, without regard to the amount

in controversy or the citizenship of the parties, to enforce such an emis-

sion standard or limitation, or such an order, or to order the Administra-

tor to perform such act or duty, as the case may be.

Natice

(b) No action may be commenced—

(1) under subsection (a) (1) of this section—

(A) prior to 60 days after the Plaintiff has given notice of

the violation (i) to the Administrator, (ii) to the State in

which the violation occurs, and (iii) to any alleged violator

of the standard, limitation, or order, or

(B) if the Administrator or State has commenced and is

diligently prosecuting a civil action in a court of the United

States or a State to require compliance with the standard, lim-

itation, or order, but in any such action in a court of the

United States any person may intervene as a matter of right.

(2) under subsection (a) (2) of this section prior to 60 days

after the plaintiff has given notice of such action to the Administra-

tor,

except that such action may be brought immediately after such notifica-

tion in the case of an action under this section respecting a violation

of section 1857c—7(c) (1) (B) of this title or an order issued by the

Administrator pursuant to section 1857c—8(a) of this title. Notice

under this subsection shall be given in such manner as the Administra-

tor shall prescribe by regulation.

64a

Clean Air Act

Venue; intervention by Administrator.

an emission standard or limitation or an order respecting such standard

or limitation may be brought only in the judicial district in which such

source is located.

(2) In such action under this section, the Administrator, if not a

party, may intervene as a metter of right.

Award of costa; security

(a) The court, in issuing any final order in any action brought

pursuant to subsection (a) of this section, may award costs of litiga-

tion (including reasonable attorney and expert witness fees) to any

party, whenever the court determines such award is appropriate. The

eourt may, if a temporary restraining order or preliminary injunction

is sought, require the filing of 2 bund or equivalent security in accord-

ance With the Federal Rules of Civil Procedure.

Non-restriction of other rights

(e€) Nothing in this section shall restrict any right which any person

vat Class of persons) may have under any statnie or common Jaw to seek

erforcement of any emission standard or limitation or to seek any other

reiief (including relief against the Administrator or a State agency).

leefinition

(f) For purposes of this section, the term “emission standard or lim-

itation under this chapter’? means—

(1) a schedule or timetable of compliance, emission limitation,

Standard of performance or emission standard, or

(2) a control or prohibition respecting a motor vehicle fuel or

fuel additive,

which is in effect under this chapter (including a requirement applica-

ble by reason of section 1857f ot this title) or under an applicable imple-

mentation plan.

July 14, 1955, c. 360, Title III, § 204, as added Dee. 31, 1970, Pub.L.

91-604, § 12(a), 84 Stat. 1706.

css " : PTC EO LOR TT eT ar re ee

BA EGE ALE AA LEE LOSERS LES AIAG EEL

¥ § 1857h—3. Legal representation of Administrator and appearance

4 by Attorney General

4 The Administrator shall request the Attorney General to appear and

3 represent him in any civil action instituted under this chapter to which

4 the Administrator is a party. Unless the Attorney General notifies the

A Administrator that he will appear in such action within a reasonable

oy Gea Sars

= ROSY "ene PORN G INET BTL ELIT LL RE OB EG TEI TL NU NE EEN NEO STH SS

65a

Clean Air Act

time, attorneys appointed by the Administrator shall appear and repre-

sent him. .

July 14, 1955, c. 360, Title III, § 305, as added Dee. 31, 1970, Pub.L.

91-604, § 12(a), 84 Stat. 1707.

§ 1857h—4. Federal procur t—Contracts with violators pro-

hibited

(a) No Federal agency may enter into any contract with any person

who is convicted of any offense under section 1857¢-—8(c) (1) of this

title for the procurement of goods, materials, and services to perform such

contract at any facility at which the violation which gave rise to such

conviction occurred if such facility is owned, leased, or supervised by

such person. The prohibition in the preceding sentence shall continue

until the Administrator certifies that the

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