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42 U.S.C. § 13201 — Air quality enhancement program

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

42 U.S.C. § 13201 — Air quality enhancement program

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Stable record: federal_law:legal_authorities:record_usc_340f68c15f4bd629fd5eb886
Source file: Laws/federal/codes/united-states-code/title-42/section-13201-air-quality-enhancement-program--f9a574b61a.md
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Source location: Title 42, Chapter 134, § 13201; chapter-134-energy-policy.md

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**(a) Eligible projects** Projects supported under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim) shall— (1) utilize technologies that meet relevant Federal and State clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim), achievable for purposes of [section 7479 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7479&num=0&edition=prelim), or achievable in practice for purposes of [section 7501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7501&num=0&edition=prelim); or (2) utilize equipment or processes that exceed relevant Federal or State clean air requirements applicable to the unit or facilities included in the projects by achieving greater efficiency or environmental performance. **(b) Priority in project selection** In making an award under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim), the Secretary shall give priority to— (1) projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas or substantially reduce the emission level of criteria pollutants and mercury air emissions; (2) projects for pollution control that result in the mitigation or collection of more than 1 pollutant; and (3) projects designed to allow the use of the waste byproducts or other byproducts of the equipment. **(c) Authorization of appropriations** There are authorized to be appropriated to the Secretary to carry out [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim)— (1) $300,000,000 for fiscal year 2007; (2) $100,000,000 for fiscal year 2008; (3) $40,000,000 for fiscal year 2009; (4) $30,000,000 for fiscal year 2010; and (5) $30,000,000 for fiscal year 2011. **(d) Applicability** No technology, or level of emission reduction under subsection (a)(2) shall be treated as adequately demonstrated for purpose of Section 11 So in original. Probably should be “purposes of section”. 7411 of this title, achievable for purposes of [section 7479 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7479&num=0&edition=prelim), or achievable in practice for purposes of [section 7501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7501&num=0&edition=prelim) solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim).

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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

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

42 U.S.C. § 7501 — Definitions

For the purpose of this part— (1) **Reasonable further progress.—** — The term “reasonable further progress” means such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date. (2) **Nonattainment area.—** — The term “nonattainment area” means, for any air pollutant, an area which is designated “nonattainment” with respect to that pollutant within the meaning of [section 7407(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim). (3) The term “lowest achievable emission rate” means for any source, that rate of emissions which reflects— (A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or (B) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance. (4) The terms “modifications” and “modified” mean the same as the term “modification” as used in [section 7411(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a/4&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7501

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

42 U.S.C. § 7479 — Definitions

For purposes of this part— (1) The term “major emitting facility” means any of the following stationary sources of air pollutants which emit, or have the potential to emit, one hundred tons per year or more of any air pollutant from the following types of stationary sources: fossil-fuel fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than fifty tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production facilities, chemical process plants, fossil-fuel boilers of more than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer facilities with a capacity exceeding three hundred thousand barrels, taconite ore processing facilities, glass fiber processing plants, charcoal production facilities. Such term also includes any other source with the potential to emit two hundred and fifty tons per year or more of any air pollutant. This term shall not include new or modified facilities which are nonprofit health or education institutions which have been exempted by the State. (2) (A) The term “commenced” as applied to construction of a major emitting facility means that the owner or operator has obtained all necessary preconstruction approvals or permits required by Fed

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7479

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

15 U.S.C. § 3203 — Adoption of certain standards

**(a) Adoption of standards** Not later than 2 years after November 9, 1978 (or after October 24, 1992, in the case of standards under paragraphs (3),11 So in original. The comma probably should not appear. and (4) of subsection (b)), each State regulatory authority (with respect to each gas utility for which it has ratemaking authority) and each nonregulated gas utility shall provide public notice and conduct a hearing respecting the standards established by subsection (b), and, on the basis of such hearing, shall— (1) adopt the standard established by subsection (b)(1), if, and to the extent, such authority or nonregulated utility determines that such adoption is appropriate and is consistent with otherwise applicable State law, and (2) adopt the standards established by paragraphs (2), (3) 22 So in original. A comma probably should appear. (4), (5), and (6) of subsection (b), if, and to the extent, such authority or nonregulated utility determines that such adoption is appropriate to carry out the purposes of this chapter, is otherwise appropriate, and is consistent with otherwise applicable State law. For purposes of any determination under paragraphs (1) and (2) and any review of such determination in any court under [section 3207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3207&num=0&edition=prelim), the purposes of this chapter supplement State law. Nothing in this subsection prohibits any State regulatory authority or nonregulated utility from making any determination that it is not appropriate to implement any such standard, pursuant to its authority under otherwise applicable State law. **(b) Establishment** The following Federal standards are hereby established: (1) **Procedures for termination of natural ga

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3203

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

16 U.S.C. § 824k — Orders requiring interconnection or wheeling

**(a) Rates, charges, terms, and conditions for wholesale transmission services** An order under [section 824j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824j&num=0&edition=prelim) shall require the transmitting utility subject to the order to provide wholesale transmission services at rates, charges, terms, and conditions which permit the recovery by such utility of all the costs incurred in connection with the transmission services and necessary associated services, including, but not limited to, an appropriate share, if any, of legitimate, verifiable and economic costs, including taking into account any benefits to the transmission system of providing the transmission service, and the costs of any enlargement of transmission facilities. Such rates, charges, terms, and conditions shall promote the economically efficient transmission and generation of electricity and shall be just and reasonable, and not unduly discriminatory or preferential. Rates, charges, terms, and conditions for transmission services provided pursuant to an order under [section 824j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824j&num=0&edition=prelim) shall ensure that, to the extent practicable, costs incurred in providing the wholesale transmission services, and properly allocable to the provision of such services, are recovered from the applicant for such order and not from a transmitting utility’s existing wholesale, retail, and transmission customers. **(b) Repealed. Pub. L. 102–486, title VII, § 722(1), Oct. 24, 1992, 106 Stat. 2916** **(c) Issuance of proposed order; agreement by parties to terms and conditions of order; approval by Commission; inclusion in final order; failure to agree** (1)

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824k

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

30 U.S.C. § 242 — Oil shale claims

**(a) Notice** Notwithstanding any other provision of law, within 60 days from October 24, 1992, the Secretary of the Interior shall provide notice to each holder of an unpatented oil shale mining claim of the requirements of this Act. Such notice shall be made by registered mail and by publication in a newspaper of general circulation in the areas in which such claims are located. **(b) Full patent** The holder of a valid oil shale mining claim who has filed a patent application and received first half final certificate for patent by October 24, 1992, may obtain a patent pursuant to the general mining laws of the United States. **(c) Patent** (1) Notwithstanding any other provision of law, the holder of a valid oil shale mining claim who has filed a patent application which has been accepted for processing by the Department of the Interior by October 24, 1992, but has not received first half final certificate for patent by October 24, 1992, may receive only a patent limited to the oil shale and associated minerals, upon payment of $2.50 per acre. Title to the surface and to all other minerals, including, but not limited to, oil, gas, and coal, shall remain in the United States. Patents issued pursuant to this subsection shall provide for surface use to the same extent as is provided under applicable law prior to October 24, 1992, with respect to oil shale mining claims, subject to the requirements of subsection (f). (2) Maintenance of claims referred to in this subsection prior to patent issuance shall be in accordance with the requirements of applicable law prior to October 24, 1992. (3) Any holder of a valid oil shale mining claim referred to in this subsection may maintain such claim in accordance with the requirements set forth in subsection (e)(2) in lieu of

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 242

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

42 U.S.C. § 13211 — “Secretary” defined

For purposes of this Act, the term “Secretary” means the Secretary of Energy.

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42 U.S.C. § 13219 — Reports

**(a) Omitted** **(b) Compliance report** (1) **In general** — Not later than February 15, 2006, and annually thereafter for the next 14 years, the head of each Federal agency which is subject to this Act and Executive Order No. 13031 shall prepare, and submit to Congress, a report that— (A) summarizes the compliance by such Federal agency with the alternative fuel purchasing requirements for Federal fleets under this Act and Executive Order No. 13031; and (B) includes a plan of compliance that contains specific dates for achieving compliance using reasonable means. (2) **Contents** (A) *In general* — Each report submitted under paragraph (1) shall include— (i) any information on any failure to meet statutory requirements or requirements under Executive Order No. 13031; (ii) (I) any plan of compliance that the agency head is required to submit under Executive Order No. 13031; or (II) if a plan of compliance referred to in subclause (I) does not contain specific dates by which the Federal agency is to achieve compliance, a revised plan of compliance that contains specific dates for achieving compliance; and (iii) any related information the agency head is required to submit to the Director of the Office of Management and Budget under Executive Order No. 13031. (B) *Penultimate report* — The penultimate report submitted under paragraph (1) shall include an announcement that the report for the next year shall be the final report submitted under paragraph (1). (3) **Public dissemination of report** — Each report submitted under paragraph (1) shall be made public, including— (A) placing such report on a publicly available website on the Internet; and (B) publishing the availability of the report, including such website addre

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42 U.S.C. § 13255 — Modification of goals; additional rulemaking authority

**(a) Examination of goals** Within 3 years after October 24, 1992, and periodically thereafter, the Secretary shall examine the goals established under [section 13252(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13252/b/2&num=0&edition=prelim), in the context of the program goals stated under [section 13252(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13252/a&num=0&edition=prelim), to determine if the goals under [section 13252(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13252/b/2&num=0&edition=prelim), including the applicable percentage requirements and dates, should be modified under this section. The Secretary shall publish in the Federal Register the results of each examination under this subsection and provide an opportunity for public comment. **(b) Modification of goals** If, after analysis of information obtained in connection with carrying out subsection (a) or [section 13252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13252&num=0&edition=prelim), or other information, and taking into account the determination of technical and economic feasibility made under [section 13252(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13252/b/2&num=0&edition=prelim), the Secretary determines that goals described in [section 13252(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13252/b/2&num=0&edition=prelim), including the percentage requirements or dates, are not achievable, the Secretary, in consultation with appropriate Federal agencies, shall, by rule, establish goals that ar

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13255

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

42 U.S.C. § 13261 — Effect on other laws

**(a) In general** Nothing in this Act or the amendments made by this Act shall be construed to alter, affect, or modify the provisions of the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.], or regulations issued thereunder. **(b) Compliance by alternative fueled vehicles** Alternative fueled vehicles, whether dedicated vehicles or dual fueled vehicles, and the alternative fuels for operating such vehicles, shall comply with requirements of the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.] applicable to such vehicles and fuels.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13261

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