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42 U.S.C. § 7605 — Representation in litigation

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

42 U.S.C. § 7605 — Representation in litigation

**(a) Attorney General; attorneys appointed by Administrator** The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this chapter to which the Administrator is a party. Unless the Attorney General notifies the Administrator that he will appear in such action, within a reasonable time, attorneys appointed by the Administrator shall appear and represent him. **(b) Memorandum of understanding regarding legal representation** In the event the Attorney General agrees to appear and represent the Administrator in any such action, such representation shall be conducted in accordance with, and shall include participation by, attorneys appointed by the Administrator to the extent authorized by, the memorandum of understanding between the Department of Justice and the Environmental Protection Agency, dated June 13, 1977, respecting representation of the agency by the department in civil litigation.

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Source location: Title 42, Chapter 85, § 7605; 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. § 7615 — Separability

If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter shall not be affected thereby.

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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. § 7612 — Economic impact analyses

**(a) Cost-benefit analysis** The Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Analysis (as established under subsection (f) of this section), shall conduct a comprehensive analysis of the impact of this chapter on the public health, economy, and environment of the United States. In performing such analysis, the Administrator should consider the costs, benefits and other effects associated with compliance with each standard issued for— (1) a criteria air pollutant subject to a standard issued under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim); (2) a hazardous air pollutant listed under [section 7412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7412&num=0&edition=prelim), including any technology-based standard and any risk-based standard for such pollutant; (3) emissions from mobile sources regulated under subchapter II of this chapter; (4) a limitation under this chapter for emissions of sulfur dioxide or nitrogen oxides; (5) a limitation under subchapter VI of this chapter on the production of any ozone-depleting substance; and (6) any other section of this chapter. **(b) Benefits** In describing the benefits of a standard described in subsection (a), the Administrator shall consider all of the economic, public health, and environmental benefits of efforts to comply with such standard. In any case where numerical values are assigned to such benefits, a default assumption of zero value shall not be assigned to such benefits unless supported by specific data. The Administrator shall assess how benefits are measured in order to assure that damage to hum

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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. § 7413 — Federal enforcement

**(a) In general** (1) **Order to comply with SIP** — Whenever, on the basis of any information available to the Administrator, the Administrator finds that any person has violated or is in violation of any requirement or prohibition of an applicable implementation plan or permit, the Administrator shall notify the person and the State in which the plan applies of such finding. At any time after the expiration of 30 days following the date on which such notice of a violation is issued, the Administrator may, without regard to the period of violation (subject to [section 2462 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2462&num=0&edition=prelim))— (A) issue an order requiring such person to comply with the requirements or prohibitions of such plan or permit, (B) issue an administrative penalty order in accordance with subsection (d), or (C) bring a civil action in accordance with subsection (b). (2) **State failure to enforce SIP or permit program** — Whenever, on the basis of information available to the Administrator, the Administrator finds that violations of an applicable implementation plan or an approved permit program under subchapter V are so widespread that such violations appear to result from a failure of the State in which the plan or permit program applies to enforce the plan or permit program effectively, the Administrator shall so notify the State. In the case of a permit program, the notice shall be made in accordance with subchapter V. If the Administrator finds such failure extends beyond the 30th day after such notice (90 days in the case of such permit program), the Administrator shall give public notice of such finding. During the period beginning with such public notice and ending when such Sta

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

42 U.S.C. § 7605 — Representation in litigation

Page 7390 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7605 Pub. L. 95–95, § 303(b), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–549, title VII, § 707(g), Nov. 15, 1990, 104 Stat. 2683, provided that: ‘‘The amendment made by this subsection [amending this section] shall take ef- fect with respect to actions brought after the date 2 years after the enactment of the Clean Air Act Amend- ments of 1990 [Nov. 15, 1990].’’ 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in subsec. (g)(1) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 6th item on page 165 of House Document No. 103–7. 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, c

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