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42 U.S.C. § 7601 — Administration

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

42 U.S.C. § 7601 — Administration

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Source file: Laws/federal/codes/united-states-code/title-42/section-7601-administration--571cb6ccee.md
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Source location: Title 42, Chapter 85, § 7601; chapter-085-air-pollution-prevention-and-control.md

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**(a) Regulations; delegation of powers and duties; regional officers and employees** (1) The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter. The Administrator 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 subject to [section 7607(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7607/d&num=0&edition=prelim), as he may deem necessary or expedient. (2) Not later than one year after August 7, 1977, the Administrator shall promulgate regulations establishing general applicable procedures and policies for regional officers and employees (including the Regional Administrator) to follow in carrying out a delegation under paragraph (1), if any. Such regulations shall be designed— (A) to assure fairness and uniformity in the criteria, procedures, and policies applied by the various regions in implementing and enforcing the chapter; (B) to assure at least an adequate quality audit of each State’s performance and adherence to the requirements of this chapter in implementing and enforcing the chapter, particularly in the review of new sources and in enforcement of the chapter; and (C) to provide a mechanism for identifying and standardizing inconsistent or varying criteria, procedures, and policies being employed by such officers and employees in implementing and enforcing the chapter. **(b) Detail of Environmental Protection Agency personnel to air pollution control agencies** Upon the request of an air pollution control agency, personnel of the Environmental Protection Agency may be detailed to such agency for the purpose of carrying out the provisions of this chapter. **(c) Payments under grants; installments; advances or reimbursements** Payments under grants made under this chapter may be made in installments, and in advance or by way of reimbursement, as may be determined by the Administrator. **(d) Tribal authority** (1) Subject to the provisions of paragraph (2), the Administrator— (A) is authorized to treat Indian tribes as States under this chapter, except for purposes of the requirement that makes available for application by each State no less than one-half of 1 percent of annual appropriations under [section 7405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7405&num=0&edition=prelim); and (B) may provide any such Indian tribe grant and contract assistance to carry out functions provided by this chapter. (2) The Administrator shall promulgate regulations within 18 months after November 15, 1990, specifying those provisions of this chapter for which it is appropriate to treat Indian tribes as States. Such treatment shall be authorized only if— (A) the Indian tribe has a governing body carrying out substantial governmental duties and powers; (B) the functions to be exercised by the Indian tribe pertain to the management and protection of air resources within the exterior boundaries of the reservation or other areas within the tribe’s jurisdiction; and (C) the Indian tribe is reasonably expected to be capable, in the judgment of the Administrator, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this chapter and all applicable regulations. (3) The Administrator may promulgate regulations which establish the elements of tribal implementation plans and procedures for approval or disapproval of tribal implementation plans and portions thereof. (4) In any case in which the Administrator determines that the treatment of Indian tribes as identical to States is inappropriate or administratively infeasible, the Administrator may provide, by regulation, other means by which the Administrator will directly administer such provisions so as to achieve the appropriate purpose. (5) Until such time as the Administrator promulgates regulations pursuant to this subsection, the Administrator may continue to provide financial assistance to eligible Indian tribes under [section 7405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7405&num=0&edition=prelim).

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

20 U.S.C. § 1221 — Judicial review

**(a) Recipients entitled to review; stay of action by Secretary** Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in [section 1232d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d/a&num=0&edition=prelim) whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed. **(b) Petition for review; filing of record** A recipient that desires judicial review of an action described in subsection (a) shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(c) Findings of fact** The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if suppor

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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. § 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. § 1857g to 1857k — Transferred

### Statutory Notes #### Codification Section 1857g, act July 14, 1955, ch. 360, title III, § 301, formerly § 8, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 400; renumbered title III, § 301, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 504; Dec. 31, 1970, Pub. L. 91–604, §§ 3(b)(2), 15(c)(2), 84 Stat. 1677, 1713, which related to administration of air pollution control, was transferred to [section 7601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7601&num=0&edition=prelim). Section 1857h, act July 14, 1955, ch. 360, title III, § 302, formerly § 9, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 400; renumbered title III, § 302, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 504; Dec. 31, 1970, Pub. L. 91–604, § 15(a)(1), (c)(1), 84 Stat. 1710, 1713, which related to definitions concerning air pollution control, was transferred to [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7602&num=0&edition=prelim). Section 1857h–1, act July 14, 1955, ch. 360, title III, § 303, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1705, which related to emergency powers of the Administrator, was transferred to [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7603&num=0&edition=prelim). Section 1857h–2, act July 14, 1955, ch. 360, title III, § 304, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1706, which related to citizen suits, was transferred to [section 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-sectio

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

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

42 U.S.C. § 7601 — Administration

Page 7383 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7601 1 So in original. Probably should refer to part D of subchapter I. Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle I of the Act is classi- fied generally to subchapter IX (§ 6991 et seq.) of chap- ter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6901 of this title and Tables. November 15, 1990, referred to in subsec. (e)(3), was in the original ‘‘the date of the Clean Air Act Amend- ments of 1990’’, which was translated as meaning the date of enactment of Pub. L. 101–549, which enacted this section, to reflect the probable intent of Congress. § 7590. General provisions (a) State refueling facilities If any State adopts enforceable provisions in an implementation plan applicable to a non- attainment area which provides that existing State refueling facilities will be made available to the public for the purchase of clean alter- native fuels or that State-operated refueling fa- cilities for such fuels will be constructed and op- erated by the State and made available to the public at reasonable times, taking into consider- ation safety, costs, and other relevant factors, in approving such plan under section 7410 of this title and part D,1 the Administrator may credit a State with the emission reductions for pur- poses of part D 1 attributable to such actions. (b) No production mandate The Administrator shall have no authority under this part to mandate the production of clean-fuel vehicles except as provided in the California pil

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7601

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