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42 U.S.C. § 7415 — International air pollution

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7415 — International air pollution

**(a) Endangerment of public health or welfare in foreign countries from pollution emitted in United States** Whenever the Administrator, upon receipt of reports, surveys or studies from any duly constituted international agency has reason to believe that any air pollutant or pollutants emitted in the United States cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country or whenever the Secretary of State requests him to do so with respect to such pollution which the Secretary of State alleges is of such a nature, the Administrator shall give formal notification thereof to the Governor of the State in which such emissions originate. **(b) Prevention or elimination of endangerment** The notice of the Administrator shall be deemed to be a finding under [section 7410(a)(2)(H)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/a/2/H/ii&num=0&edition=prelim) which requires a plan revision with respect to so much of the applicable implementation plan as is inadequate to prevent or eliminate the endangerment referred to in subsection (a). Any foreign country so affected by such emission of pollutant or pollutants shall be invited to appear at any public hearing associated with any revision of the appropriate portion of the applicable implementation plan. **(c) Reciprocity** This section shall apply only to a foreign country which the Administrator determines has given the United States essentially the same rights with respect to the prevention or control of air pollution occurring in that country as is given that country by this section. **(d) Recommendations** Recommendations issued following any abatement conference conducted prior to August 7, 1977,

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Source file: Laws/federal/codes/united-states-code/title-42/section-7415-international-air-pollution--b025cd878d.md
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Source location: Title 42, Chapter 85, § 7415; chapter-085-air-pollution-prevention-and-control.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7412 — Hazardous air pollutants

**(a) Definitions** For purposes of this section, except subsection (r)— (1) **Major source** — The term “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors. (2) **Area source** — The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II. (3) **Stationary source** — The term “stationary source” shall have the same meaning as such term has under [section 7411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a&num=0&edition=prelim). (4) **New source** — The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source. (5) **Modification** — The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7412

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7411 — Standards of performance for new stationary sources

**(a) Definitions** For purposes of this section: (1) The term “standard of performance” means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. (2) The term “new source” means any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source. (3) The term “stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant. Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines. (4) The term “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted. (5) The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source. (6) The term “existing source” means any stationary source other than a new source. (7) The term “technological system of continuous emission reduction” means— (A) a technological process for production or operation by any source which is inherently low-polluting or nonpolluting, or (B) a technological system for continuous reduction of the pollution generated by a s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7411

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution 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 livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7409 — National primary and secondary ambient air quality standards

**(a) Promulgation** (1) The Administrator— (A) within 30 days after December 31, 1970, shall publish proposed regulations prescribing a national primary ambient air quality standard and a national secondary ambient air quality standard for each air pollutant for which air quality criteria have been issued prior to such date; and (B) after a reasonable time for interested persons to submit written comments thereon (but no later than 90 days after the initial publication of such proposed standards) shall by regulation promulgate such proposed national primary and secondary ambient air quality standards with such modifications as he deems appropriate. (2) With respect to any air pollutant for which air quality criteria are issued after December 31, 1970, the Administrator shall publish, simultaneously with the issuance of such criteria and information, proposed national primary and secondary ambient air quality standards for any such pollutant. The procedure provided for in paragraph (1)(B) of this subsection shall apply to the promulgation of such standards. **(b) Protection of public health and welfare** (1) National primary ambient air quality standards, prescribed under subsection (a) shall be ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are requisite to protect the public health. Such primary standards may be revised in the same manner as promulgated. (2) Any national secondary ambient air quality standard prescribed under subsection (a) shall specify a level of air quality the attainment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any know

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7409

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1857d to 1857f — Transferred

### Statutory Notes #### Codification Section 1857d, act July 14, 1955, ch. 360, title I, § 115, formerly § 5, 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 § 115 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 4(a), (b)(2)–(10), 15(c)(2), 84 Stat. 1678, 1688, 1689, 1713, which related to abatement of air pollution by means of conference procedure, was transferred to [section 7415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7415&num=0&edition=prelim). Section 1857d–1, act July 14, 1955, ch. 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 Stat. 1678, 1689; June 22, 1974, Pub. L. 93–319, § 6(b), 88 Stat. 259, which related to retention of State authority concerning air pollution, was transferred to [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim). Section 1857e, act July 14, 1955, ch. 360, title I, § 117, formerly § 6, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 399; renumbered § 106, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(3), 79 Stat. 992; renumbered § 110 and amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 498; renumbered § 117 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 4(a), (d), 15(c)(2), 84 Stat. 1678, 1689, 1713, which related to an Air Quality Advisory Board and to advisory committees, was transferred to [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1857d to 1857f

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7403 — Research, investigation, training, and other activities

**(a) Research and development program for prevention and control of air pollution** The Administrator shall establish a national research and development 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, demonstrations, surveys, and studies relating to the causes, effects (including health and welfare 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 activities; (3) conduct investigations and research and make surveys concerning any specific problem of air pollution in cooperation with any air pollution control agency with a view to recommending a solution of such problem, if he is requested to do so by such agency or if, in his judgment, such problem may affect any community or communities in a State other than that in which the source of the matter causing or contributing to the pollution is located; (4) establish technical advisory committees composed of recognized experts in various aspects of air pollution to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research; and (5) conduct and promote coordination and acceleration of training for individuals relating to the causes, effects, extent, prevention, and control of air pollution. **(b) Authorized activities of Administrator in establishing research and development program** In carrying out the provisions of the preceding subsection the Administrator is aut

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7403

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7405 — Grants for support of air pollution planning and control programs

**(a) Amounts; limitations; assurances of plan development capability** (1) (A) The Administrator may make grants to air pollution control agencies, within the meaning of paragraph (1), (2), (3), (4), or (5) of [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7602&num=0&edition=prelim), in an amount up to three-fifths of the cost of implementing programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. For the purpose of this section, “implementing” means any activity related to the planning, developing, establishing, carrying-out, improving, or maintaining of such programs. (B) Subject to subsections (b) and (c) of this section, an air pollution control agency which receives a grant under subparagraph (A) and which contributes less than the required two-fifths minimum shall have 3 years following November 15, 1990, in which to contribute such amount. If such an agency fails to meet and maintain this required level, the Administrator shall reduce the amount of the Federal contribution accordingly. (C) With respect to any air quality control region or portion thereof for which there is an applicable implementation plan under [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim), grants under subparagraph (A) may be made only to air pollution control agencies which have substantial responsibilities 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 7602(b)(2) and 7602(b)(4) of this title, the Administrator shall receive assuranc

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7405

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7408 — Air quality criteria and control techniques

**(a) Air pollutant list; publication and revision by Administrator; issuance of air quality criteria for air pollutants** (1) For the purpose of establishing national primary and secondary ambient air quality standards, the Administrator shall within 30 days after December 31, 1970, publish, and shall from time to time thereafter revise, a list which includes each air pollutant— (A) emissions of which, in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare; (B) the presence of which in the ambient air results from numerous or diverse mobile or stationary sources; and (C) for which air quality criteria had not been issued before December 31, 1970 but for which he plans to issue air quality criteria under this section. (2) The Administrator shall issue air quality criteria for an air pollutant within 12 months after he has included such pollutant in a list under paragraph (1). Air quality criteria for an air pollutant shall accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambient air, in varying quantities. The criteria for an air pollutant, to the extent practicable, shall include information on— (A) those variable factors (including atmospheric conditions) which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant; (B) the types of air pollutants which, when present in the atmosphere, may interact with such pollutant to produce an adverse effect on public health or welfare; and (C) any known or anticipated adverse effects on welfare. **(b) Issuance

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7408

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7410 — State implementation plans for national primary and secondary ambient air quality standards

**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems** (1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and 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 submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (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 a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph. (2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall— (A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7410

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7415 — International air pollution

Page 7237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7415 Subsec. (d). Pub. L. 95–95, § 113, added subsec. (d). 1974—Subsec. (a). Pub. L. 93–319 inserted reference to section 119. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully com- menced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7415. International air pollution (a) Endangerm

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7415

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