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49 U.S.C. § 47139 — Emission credits for air quality projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall issue guidance on how to ensure that airport sponsors may receive appropriate emission reduction credits for carrying out projects, including projects described in sections 40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). Such guidance shall include, at a minimum, the following considerations:
(1) The provision of credits is consistent with the Clean Air Act ([42 U.S.C. 7402](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7402&num=0&edition=prelim) et seq.).
(2) Credits generated by the emissions reductions are kept by the airport sponsor, including for an airport outside of a nonattainment area or maintenance area, and may be used for purposes of any current or future general conformity determination under the Clean Air Act, as offsets under the Environmental Protection Agency’s new source review program for projects on the airport or associated with the airport, or as part of a State implementation plan.
(3) Credits are calculated and provided to airports on a consistent basis nationwide.
(4) Credits are provided to airport sponsors in a timely manner.
(5) The establishment of a method to assure the Secretary that, for any specific airport project for which funding is being requested, the appropriate credits will be granted.
**(b) State Authority Under CAA.—** Nothing in this section shall be construed as overriding existing State law or regulation pursuant to section 116 of the Clean Air Act ([42 U.S.C. 7416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim)).
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Source file: Laws/federal/codes/united-states-code/title-49/section-47139-emission-credits-for-air-quality-projects--5ba4b8574c.md
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Source location: Title 49, Chapter 471, § 47139; chapter-471-airport-development.md
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**(a) In General.—** The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall issue guidance on how to ensure that airport sponsors may receive appropriate emission reduction credits for carrying out projects, including projects described in sections 40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). Such guidance shall include, at a minimum, the following considerations:
(1) The provision of credits is consistent with the Clean Air Act ([42 U.S.C. 7402](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7402&num=0&edition=prelim) et seq.).
(2) Credits generated by the emissions reductions are kept by the airport sponsor, including for an airport outside of a nonattainment area or maintenance area, and may be used for purposes of any current or future general conformity determination under the Clean Air Act, as offsets under the Environmental Protection Agency’s new source review program for projects on the airport or associated with the airport, or as part of a State implementation plan.
(3) Credits are calculated and provided to airports on a consistent basis nationwide.
(4) Credits are provided to airport sponsors in a timely manner.
(5) The establishment of a method to assure the Secretary that, for any specific airport project for which funding is being requested, the appropriate credits will be granted.
**(b) State Authority Under CAA.—** Nothing in this section shall be construed as overriding existing State law or regulation pursuant to section 116 of the Clean Air Act ([42 U.S.C. 7416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7402
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in sections 1857c–10(c), (e), and (f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and 7573 of this title (preempting certain State regulation of moving sources) nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or [section 7412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7412&num=0&edition=prelim), such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation under such plan or section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7416
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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
Page 7165
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7403
§ 7402. Cooperative activities
(a) Interstate cooperation; uniform State laws;
State compacts
The Administrator shall encourage coopera-
tive activities by the States and local govern-
ments for the prevention and control of air pol-
lution; 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 re-
lating to the prevention and control of air pollu-
tion, so as to assure the utilization in the Fed-
eral air pollution control program of all appro-
priate 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 agen-
cies, joint or otherwise, as they may deem desir-
able 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, w
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7402
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7402. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 7238
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7416
Subsecs. (i), (j). Pub. L. 91–604, § 15(c)(2), substituted
‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing.
Subsec. (k). Pub. L. 91–604, § 4(b)(3), (10), substituted
provisions relating to compliance with any require-
ment of an applicable implementation plan or with any
standard prescribed under section 7411 of this title or
section 7412 of this title, for provisions relating to the
enjoining of imminent and substantial endangerment
from pollution sources.
1967—Subsec. (b). Pub. L. 90–148 substituted reference
to subsec. (c), (h), or (k) of this section for reference to
subsec. (g) of this section.
Subsecs. (c), (d). Pub. L. 90–148 added subsec. (c), re-
designated former subsec. (c) as (d), inserted in par. (2)
provisions for the delivery prior to the conference of a
Federal report to agencies and interested parties cov-
ering matters before the conference, raised from three
weeks to thirty days the required notice of the con-
ference, and inserted provisions for notice by news-
papers, presentation of views on the Federal report, and
transcript of proceedings. Former subsec. (d) redesig-
nated (e).
Subsec. (e). Pub. L. 90–148 redesignated former subsec.
(d) as (e). Former subsec. (e) redesignated (f) and
amended.
Subsec. (f). Pub. L. 90–148 redesignated former subsec.
(e) as (f) and inserted in par. (1) requirement that all in-
terested parties be given a reasonable opportunity to
present evidence to the hearing board. Former subsec.
(f) redesignated (g) and amended.
Subsec. (g). Pub. L. 90–148 redesignated former subsec.
(f) as (g) and substituted reference to subsec. (d) of this
section for reference to subsec. (c) of this section.
Former subsec. (g) redesignated (h) and amende
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7416
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7416. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1664
TITLE 49—TRANSPORTATION
§ 47138
technology, including explosives detection
systems, for the purpose of improving aviation
and aircraft physical security, access control,
and passenger and baggage screening; and
(2) provides testing and evaluation of airport
security systems and technology in an oper-
ational, testbed environment.
(c) MATCHING
SHARE.—Notwithstanding sec-
tion 47109, the United States Government’s
share of allowable project costs for a project
under this section shall be 100 percent.
(d) TERMS
AND
CONDITIONS.—The Secretary
may establish such terms and conditions as the
Secretary determines appropriate for carrying
out a project under this section, including terms
and conditions relating to the form and content
of a proposal for a project, project assurances,
and schedule of payments.
(e) ADMINISTRATION.—The Secretary, in co-
operation with the Secretary of Homeland Secu-
rity, shall administer the program authorized by
this section.
(f) ELIGIBLE SPONSOR DEFINED.—In this sec-
tion, the term ‘‘eligible sponsor’’ means a non-
profit corporation composed of a consortium of
public and private persons, including a sponsor
of a primary airport, with the necessary engi-
neering and technical expertise to successfully
conduct the testing and evaluation of airport
and aircraft related security systems.
(g) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts made available to the Secretary under
section 47115 in a fiscal year, the Secretary shall
make available not less than $5,000,000 for the
purpose of carrying out this section.
(Added Pub. L. 106–181, title I, § 134(a), Apr. 5,
2000, 114 Stat. 83; amended Pub. L. 108–176, title
I, § 157, Dec. 12, 2003, 117 Stat. 2508.)
Editorial Notes
AMENDMENTS
2003—Subsecs. (e) to (g). Pub.
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 47139
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.