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42 U.S.C. § 7491 — Visibility protection for Federal class I areas
Federal law — U.S. Code and appendices · legal_authorities
**(a) Impairment of visibility; list of areas; study and report**
(1) Congress hereby declares as a national goal the prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution.
(2) Not later than six months after August 7, 1977, the Secretary of the Interior in consultation with other Federal land managers shall review all mandatory class I Federal areas and identify those where visibility is an important value of the area. From time to time the Secretary of the Interior may revise such identifications. Not later than one year after August 7, 1977, the Administrator shall, after consultation with the Secretary of the Interior, promulgate a list of mandatory class I Federal areas in which he determines visibility is an important value.
(3) Not later than eighteen months after August 7, 1977, the Administrator shall complete a study and report to Congress on available methods for implementing the national goal set forth in paragraph (1). Such report shall include recommendations for—
(A) methods for identifying, characterizing, determining, quantifying, and measuring visibility impairment in Federal areas referred to in paragraph (1), and
(B) modeling techniques (or other methods) for determining the extent to which manmade air pollution may reasonably be anticipated to cause or contribute to such impairment, and
(C) methods for preventing and remedying such manmade air pollution and resulting visibility impairment.
Such report shall also identify the classes or categories of sources and the types of air pollutants which, alone or in conjunction with other sources or pollutants, may reasonably be anticipated to cause or contribute significantly
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Source file: Laws/federal/codes/united-states-code/title-42/section-7491-visibility-protection-for-federal-class-i-areas--2e75d8bb4e.md
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Source location: Title 42, Chapter 85, § 7491; chapter-085-air-pollution-prevention-and-control.md
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**(a) Impairment of visibility; list of areas; study and report**
(1) Congress hereby declares as a national goal the prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution.
(2) Not later than six months after August 7, 1977, the Secretary of the Interior in consultation with other Federal land managers shall review all mandatory class I Federal areas and identify those where visibility is an important value of the area. From time to time the Secretary of the Interior may revise such identifications. Not later than one year after August 7, 1977, the Administrator shall, after consultation with the Secretary of the Interior, promulgate a list of mandatory class I Federal areas in which he determines visibility is an important value.
(3) Not later than eighteen months after August 7, 1977, the Administrator shall complete a study and report to Congress on available methods for implementing the national goal set forth in paragraph (1). Such report shall include recommendations for—
(A) methods for identifying, characterizing, determining, quantifying, and measuring visibility impairment in Federal areas referred to in paragraph (1), and
(B) modeling techniques (or other methods) for determining the extent to which manmade air pollution may reasonably be anticipated to cause or contribute to such impairment, and
(C) methods for preventing and remedying such manmade air pollution and resulting visibility impairment.
Such report shall also identify the classes or categories of sources and the types of air pollutants which, alone or in conjunction with other sources or pollutants, may reasonably be anticipated to cause or contribute significantly to impairment of visibility.
(4) Not later than twenty-four months after August 7, 1977, and after notice and public hearing, the Administrator shall promulgate regulations to assure (A) reasonable progress toward meeting the national goal specified in paragraph (1), and (B) compliance with the requirements of this section.
**(b) Regulations** Regulations under subsection (a)(4) shall—
(1) provide guidelines to the States, taking into account the recommendations under subsection (a)(3) on appropriate techniques and methods for implementing this section (as provided in subparagraphs (A) through (C) of such subsection (a)(3)), and
(2) require each applicable implementation plan for a State in which any area listed by the Administrator under subsection (a)(2) is located (or for a State the emissions from which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area) to contain such emission limits, schedules of compliance and other measures as may be necessary to make reasonable progress toward meeting the national goal specified in subsection (a), including—
(A) except as otherwise provided pursuant to subsection (c), a requirement that each major stationary source which is in existence on August 7, 1977, but which has not been in operation for more than fifteen years as of such date, and which, as determined by the State (or the Administrator in the case of a plan promulgated under [section 7410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/c&num=0&edition=prelim)) emits any air pollutant which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area, shall procure, install, and operate, as expeditiously as practicable (and maintain thereafter) the best available retrofit technology, as determined by the State (or the Administrator in the case of a plan promulgated under [section 7410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/c&num=0&edition=prelim)) for controlling emissions from such source for the purpose of eliminating or reducing any such impairment, and
(B) a long-term (ten to fifteen years) strategy for making reasonable progress toward meeting the national goal specified in subsection (a).
In the case of a fossil-fuel fired generating powerplant having a total generating capacity in excess of 750 megawatts, the emission limitations required under this paragraph shall be determined pursuant to guidelines, promulgated by the Administrator under paragraph (1).
**(c) Exemptions**
(1) The Administrator may, by rule, after notice and opportunity for public hearing, exempt any major stationary source from the requirement of subsection (b)(2)(A), upon his determination that such source does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to a significant impairment of visibility in any mandatory class I Federal area.
(2) Paragraph (1) of this subsection shall not be applicable to any fossil-fuel fired powerplant with total design capacity of 750 megawatts or more, unless the owner or operator of any such plant demonstrates to the satisfaction of the Administrator that such powerplant is located at such distance from all areas listed by the Administrator under subsection (a)(2) that such powerplant does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to significant impairment of visibility in any such area.
(3) An exemption under this subsection shall be effective only upon concurrence by the appropriate Federal land manager or managers with the Administrator’s determination under this subsection.
**(d) Consultations with appropriate Federal land managers** Before holding the public hearing on the proposed revision of an applicable implementation plan to meet the requirements of this section, the State (or the Administrator, in the case of a plan promulgated under [section 7410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/c&num=0&edition=prelim)) shall consult in person with the appropriate Federal land manager or managers and shall include a summary of the conclusions and recommendations of the Federal land managers in the notice to the public.
**(e) Buffer zones** In promulgating regulations under this section, the Administrator shall not require the use of any automatic or uniform buffer zone or zones.
**(f) Nondiscretionary duty** For purposes of [section 7604(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7604/a/2&num=0&edition=prelim), the meeting of the national goal specified in subsection (a)(1) by any specific date or dates shall not be considered a “nondiscretionary duty” of the Administrator.
**(g) Definitions** For the purpose of this section—
(1) in determining reasonable progress there shall be taken into consideration the costs of compliance, the time necessary for compliance, and the energy and nonair quality environmental impacts of compliance, and the remaining useful life of any existing source subject to such requirements;
(2) in determining best available retrofit technology the State (or the Administrator in determining emission limitations which reflect such technology) shall take into consideration the costs of compliance, the energy and nonair quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology;
(3) the term “manmade air pollution” means air pollution which results directly or indirectly from human activities;
(4) the term “as expeditiously as practicable” means as expeditiously as practicable but in no event later than five years after the date of approval of a plan revision under this section (or the date of promulgation of such a plan revision in the case of action by the Administrator under [section 7410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/c&num=0&edition=prelim) for purposes of this section);
(5) the term “mandatory class I Federal areas” means Federal areas which may not be designated as other than class I under this part;
(6) the terms “visibility impairment” and “impairment of visibility” shall include reduction in visual range and atmospheric discoloration; and
(7) the term “major stationary source” means the following types of stationary sources with the potential to emit 250 tons or more of any pollutant: fossil-fuel fired steam electric plants of more than 250 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 250 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 250 million British thermal units per hour heat input, petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels, taconite ore processing facilities, glass fiber processing plants, charcoal production facilities.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Studies**
(1) The Administrator, in conjunction with the National Park Service and other appropriate Federal agencies, shall conduct research to identify and evaluate sources and source regions of both visibility impairment and regions that provide predominantly clean air in class I areas. A total of $8,000,000 per year for 5 years is authorized to be appropriated for the Environmental Protection Agency and the other Federal agencies to conduct this research. The research shall include—
(A) expansion of current visibility related monitoring in class I areas;
(B) assessment of current sources of visibility impairing pollution and clean air corridors;
(C) adaptation of regional air quality models for the assessment of visibility;
(D) studies of atmospheric chemistry and physics of visibility.
(2) Based on the findings available from the research required in subsection (a)(1) as well as other available scientific and technical data, studies, and other available information pertaining to visibility source-receptor relationships, the Administrator shall conduct an assessment and evaluation that identifies, to the extent possible, sources and source regions of visibility impairment including natural sources as well as source regions of clear air for class I areas. The Administrator shall produce interim findings from this study within 3 years after November 15, 1990.
**(b) Impacts of other provisions** Within 24 months after November 15, 1990, the Administrator shall conduct an assessment of the progress and improvements in visibility in class I areas that are likely to result from the implementation of the provisions of the Clean Air Act Amendments of 1990 other than the provisions of this section. Every 5 years thereafter the Administrator shall conduct
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7492
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to bring civil action; jurisdiction** Except as provided in subsection (b), any person may commence a civil action on his own behalf—
(1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) who is alleged to have violated (if there is evidence that the alleged violation has been repeated) or to be in violation of (A) an emission standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation,
(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator, or
(3) against any person who proposes to construct or constructs any new or modified major emitting facility without a permit required under part C of subchapter I (relating to significant deterioration of air quality) or part D of subchapter I (relating to nonattainment) or who is alleged to have violated (if there is evidence that the alleged violation has been repeated) or to be in violation of any condition of such permit.
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an emission standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties (except for actions under paragraph (2)). The district courts of the United States shall have jurisdiction to compel (consistent with paragraph (2) of this subsection) agency action unreasonably delayed, except that an action to compel agency ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7604
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Federal law — U.S. Code and appendices · legal_authorities
Page 7270
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7491
which was executed by making the insertion after ‘‘in-
cluding fuel cleaning’’ to reflect the probable intent of
Congress, and inserted at end ‘‘Emissions from any
source utilizing clean fuels, or any other means, to
comply with this paragraph shall not be allowed to in-
crease above levels that would have been required
under this paragraph as it existed prior to November 15,
1990.’’
1977—Par. (2)(C). Pub. L. 95–190 added subpar. (C).
Statutory Notes and Related Subsidiaries
STUDY OF MAJOR EMITTING FACILITIES WITH
POTENTIAL OF EMITTING 250 TONS PER YEAR
Pub. L. 95–95, title I, § 127(b), Aug. 7, 1977, 91 Stat. 741,
directed Administrator, within 1 year after Aug. 7, 1977,
to report to Congress on consequences of that portion
of definition of ‘‘major emitting facility’’ under this
subpart which applies to facilities with potential to
emit 250 tons per year or more.
SUBPART II—VISIBILITY PROTECTION
Editorial Notes
CODIFICATION
As originally enacted, subpart II of part C of sub-
chapter I of this chapter was added following section
7478 of this title. Pub. L. 95–190, § 14(a)(53), Nov. 16, 1977,
91 Stat. 1402, struck out subpart II and inserted such
subpart following section 7479 of this title.
§ 7491. Visibility protection for Federal class I
areas
(a) Impairment of visibility; list of areas; study
and report
(1) Congress hereby declares as a national goal
the prevention of any future, and the remedying
of any existing, impairment of visibility in man-
datory class I Federal areas which impairment
results from manmade air pollution.
(2) Not later than six months after August 7,
1977, the Secretary of the Interior in consulta-
tion with other Federal land managers shall re-
view all mandatory
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7491
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