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42 U.S.C. § 1857 to 1857c–9 — Transferred

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42 U.S.C. § 1857 to 1857c–9 — Transferred

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Source file: Laws/federal/codes/united-states-code/title-42/section-1857-to-1857c9-42-u-s-c-1857-to-1857c9-transferred--747d951bda.md
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Source location: Title 42, Chapter 15B, § 1857 to 1857c–9; chapter-15b-air-pollution-control.md

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### Statutory Notes #### Codification Section 1857, act July 14, 1955, ch. 360, title I, § 101, formerly § 1, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 392; renumbered title I, § 101, 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, which related to Congressional findings and declaration of purpose, was transferred to [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim). Section 1857a, act July 14, 1955, ch. 360, title I, § 102, formerly § 2, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 393; renumbered title I, § 102, 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; Dec. 31, 1970, Pub. L. 91–604, § 15(c)(2), 84 Stat. 1713, which related to cooperative activities, was transferred to [section 7402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7402&num=0&edition=prelim). Section 1857b, act July 14, 1955, ch. 360, title I, § 103, formerly § 3, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 394; renumbered title I, § 103, and amended Oct. 20, 1965, Pub. L. 89–272, title I, §§ 101(3), 103, 79 Stat. 992, 996; Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 486; Dec. 31, 1970, Pub. L. 91–604, §§ 2(a), 4(2), 15(a)(2), (c)(2), 84 Stat. 1676, 1689, 1710, 1713, which related to research, investigations, training, and other activities, was transferred to [section 7403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7403&num=0&edition=prelim). Section 1857b–1, act July 14, 1955, ch. 360, title I, § 104, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 487; amended Dec. 5, 1969, Pub. L. 91–137, 83 Stat. 283; Dec. 31, 1970, Pub. L. 91–604, §§ 2(b), (c), 13(a), 15(c)(2), 84 Stat. 1676, 1677, 1709, 1713; Apr. 9, 1973, Pub. L. 93–15, § 1(a), 87 Stat. 11; June 22, 1974, Pub. L. 93–319, § 13(a), 88 Stat. 265, which provided for research relating to fuels and vehicles, was transferred to [section 7404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7404&num=0&edition=prelim). Section 1857c, act July 14, 1955, ch. 360, title I, § 105, formerly § 4, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 395; renumbered and amended § 104, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(2)–(4), 79 Stat. 992; Oct. 15, 1966, Pub. L. 89–675, § 3, 80 Stat. 954; renumbered title I, § 105, and amended § 105, Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 489; Dec. 31, 1970, Pub. L. 91–604, §§ 3(a), (b)(1), 15(c)(2), 84 Stat. 1677, 1713, which related to grants for support of air pollution planning and control programs, was transferred to [section 7405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7405&num=0&edition=prelim). Section 1857c–1, act July 14, 1955, ch. 360, title I, § 106, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 490; amended Dec. 31, 1970, Pub. L. 91–604, § 3(c), 84 Stat. 1677, which related to interstate air quality agencies and program cost limitations, was transferred to [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7406&num=0&edition=prelim). Section 1857c–2, act July 14, 1955, ch. 360, title I, § 107, as added Dec. 31, 1970, Pub. L. 91–604, § 4(a), 84 Stat. 1678, which related to air quality control regions, was transferred to [section 7407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407&num=0&edition=prelim). Section 1857c–3, act July 14, 1955, ch. 360, title I, § 108, as added Dec. 31, 1970, Pub. L. 91–604, § 4(a), 84 Stat. 1678, which related to air quality criteria and control techniques, was transferred to [section 7408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7408&num=0&edition=prelim). Section 1857c–4, act July 14, 1955, ch. 360, title I, § 109, as added Dec. 31, 1970, Pub. L. 91–604, § 4(a), 84 Stat. 1679, which related to procedure for and promulgation of national primary and secondary ambient air quality standards, was transferred to [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim). Section 1857c–5, act July 14, 1955, ch. 360, title I, § 110, as added Dec. 31, 1970, Pub. L. 91–604, § 4(a), 84 Stat. 1680; amended June 22, 1974, Pub. L. 93–319, § 4, 88 Stat. 256; S. Res. 4, Feb. 4, 1977, which related to State implementation plans for national primary and secondary ambient air quality standards, was transferred to [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim). Section 1857c–6, act July 14, 1955, ch. 360, title I, § 111, as added Dec. 31, 1970, Pub. L. 91–604, § 4(a), 84 Stat. 1683; amended Nov. 18, 1971, Pub. L. 92–157, title III, § 302(f), 85 Stat. 464, which related to standards of performance for new stationary sources, was transferred to [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim). Section 1857c–7, act July 14, 1955, ch. 360, title I, § 112, as added Dec. 31, 1970, Pub. L. 91–604, § 4(a), 84 Stat. 1685, which related to national emission standards for hazardous air pollutants, was transferred to [section 7412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7412&num=0&edition=prelim). Section 1857c–8, act July 14, 1955, ch. 360, title I, § 113, as added Dec. 31, 1970, Pub. L. 91–604, § 4(a), 84 Stat. 1686; amended Nov. 18, 1971, Pub. L. 92–157, title III, § 302(b), (c), 85 Stat. 464; June 22, 1974, Pub. L. 93–319, § 6(a)(1)–(3), 88 Stat. 259, which related to Federal enforcement procedures, was transferred to [section 7413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7413&num=0&edition=prelim). Section 1857c–9, act July 14, 1955, ch. 360, title I, § 114, as added Dec. 31, 1970, Pub. L. 91–604, § 4(a), 84 Stat. 1687; amended June 22, 1974, Pub. L. 93–319, § 6(a)(4), 88 Stat. 259, which related to recordkeeping, inspections, monitoring, and entry, was transferred to [section 7414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7414&num=0&edition=prelim).

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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

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42 U.S.C. § 7402 — Cooperative activities

**(a) Interstate cooperation; uniform State laws; State compacts** The Administrator shall encourage cooperative activities by the States and local governments for the prevention and control of air pollution; encourage the enactment of improved and, so far as practicable 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. **(b) Federal cooperation** The Administrator shall cooperate with and encourage cooperative activities by all Federal departments and agencies having functions relating 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. **(c) Consent of Congress to compacts** The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) cooperative 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 otherwise, as they may deem desirable for making effective such agreements 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 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 participa

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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

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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

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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

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42 U.S.C. § 7404 — Research relating to fuels and vehicles

**(a) Research programs; grants; contracts; pilot and demonstration plants; byproducts research** 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 research and development he shall— (1) conduct and accelerate research programs directed toward development of improved, cost-effective techniques for— (A) control of combustion byproducts of fuels, (B) removal of potential air pollutants from fuels prior to combustion, (C) control of emissions from the evaporation of fuels, (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.11 So in original. The period probably should be a semicolon. (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 payment of (A) part of the cost of acquiring, constructing, or otherwise securing for research and development purposes, new or improved devices or methods having industrywide application of preventing 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 3324(a) and (b) of title 31 and [section 6101 of title 41](https:/

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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

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42 U.S.C. § 7407 — Air quality control regions

**(a) Responsibility of each State for air quality; submission of implementation plan** 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 control region in such State. **(b) Designated regions** For purposes of developing and carrying out implementation plans under [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim)— (1) an air quality control region designated under this section before December 31, 1970, or a region designated after such date under subsection (c), 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. **(c) Authority of Administrator to designate regions; notification of Governors of affected States** The Administrator shall, within 90 days after December 31, 1970, after consultation with appropriate State and local authorities, designate as an air quality control 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. **(d) Designations** (1) **Designations generally** (A) *Submission by Governors of initial designatio

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42 U.S.C. § 7406 — 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 7407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407&num=0&edition=prelim) or of implementing [section 7506a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7506a&num=0&edition=prelim) (relating to control of interstate air pollution) or [section 7511c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511c&num=0&edition=prelim) (relating to control of interstate ozone pollution), the Administrator is authorized to pay, for two years, up to 100 per centum of the air quality planning program costs of any commission established under [section 7506a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7506a&num=0&edition=prelim) (relating to control of interstate air pollution) or [section 7511c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511c&num=0&edition=prelim) (relating to control of interstate ozone pollution) or 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 air quality standards and shall include representation from the States and appropriate political subdivisions within the air quality control region. After the initial two-year period the Administrator is authorized to make grants to such agency or such commission in an amount up to three-fifths of the air quality implementation program costs of such agency or commission.

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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

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