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42 U.S.C. § 1857g to 1857k — Transferred

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42 U.S.C. § 1857g to 1857k — Transferred

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Stable record: federal_law:legal_authorities:record_usc_ed036d8cda70343c0b907b16
Source file: Laws/federal/codes/united-states-code/title-42/section-1857g-to-1857k-42-u-s-c-1857g-to-1857k-transferred--b9a25186ce.md
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Source location: Title 42, Chapter 15B, § 1857g to 1857k; chapter-15b-air-pollution-control.md

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### 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-section7604&num=0&edition=prelim). Section 1857h–3, act July 14, 1955, ch. 360, title III, § 305, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1707, which related to legal representation of the Administrator and appearance by the Attorney General, was transferred to [section 7605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7605&num=0&edition=prelim). Section 1857h–4, act July 14, 1955, ch. 360, title III, § 306, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1707, which related to Federal procurement, was transferred to [section 7606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7606&num=0&edition=prelim). Section 1857h–5, act July 14, 1955, ch. 360, title III, § 307, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1707; amended Nov. 18, 1971, Pub. L. 92–157, title III, § 302(a), 85 Stat. 464; June 22, 1974, Pub. L. 93–319, § 6(c), 88 Stat. 259, which related to administrative proceedings and judicial review, was transferred to [section 7607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7607&num=0&edition=prelim). Section 1857h–6, act July 4, 1955, ch. 360, title III, § 308, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1708, which related to mandatory licensing, was transferred to [section 7608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7608&num=0&edition=prelim). Section 1857h–7, act July 14, 1955, ch. 360, title III, § 309, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1709, which related to policy review, was transferred to [section 7609 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7609&num=0&edition=prelim). Section 1857i, act July 14, 1955, ch. 360, title III, § 310, formerly § 10, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered title III, § 303, 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. 505; renumbered § 310 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat. 1705, 1713, which related to application to other laws and nonduplication of appropriations, was transferred to [section 7610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7610&num=0&edition=prelim). Section 1857j, act July 14, 1955, ch. 360, title III, § 311, formerly § 11, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered title III, § 304, 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. 505; renumbered § 311 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat. 1705, 1713, which related to records and audits, was transferred to [section 7611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7611&num=0&edition=prelim). Section 1857j–1, act July 14, 1955, ch. 360, title III, § 312, formerly § 305, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 505; renumbered § 312 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat. 1705, 1713, which related to cost studies, was transferred to [section 7612 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7612&num=0&edition=prelim). Section 1857j–2, act July 14, 1955, ch. 360, title III, § 313, formerly § 306, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 313 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat. 1705, 1713, which related to additional reports to Congress, was transferred to [section 7613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7613&num=0&edition=prelim). Section 1857j–3, act July 14, 1955, ch. 360, title III, § 314, formerly § 307, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 314 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat. 1705, 1713, which related to labor standards, was transferred to [section 7614 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7614&num=0&edition=prelim). Section 1857k, act July 14, 1955, ch. 360, title III, § 315, formerly § 12, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered title III, § 305, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; renumbered § 308 and amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 315, Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1705, which related to separability of provisions, was transferred to [section 7615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7615&num=0&edition=prelim).

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

42 U.S.C. § 7609 — Policy review

**(a) Environmental impact** The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this chapter or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which [section 4332(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim) applies, and (3) proposed regulations published by any department or agency of the Federal Government. Such written comment shall be made public at the conclusion of any such review. **(b) Unsatisfactory legislation, action, or regulation** In the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environmental Quality.

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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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42 U.S.C. § 7601 — Administration

**(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

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

42 U.S.C. § 7602 — Definitions

When used in this chapter— **(a)** The term “Administrator” means the Administrator of the Environmental Protection Agency. **(b)** The term “air pollution control agency” means any of the following: (1) A single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of this chapter. (2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution. (3) A city, county, or other local government health authority, or, in the case of any city, county, or other local government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency. (4) An agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution. (5) An agency of an Indian tribe. **(c)** The term “interstate air pollution control agency” means— (1) an air pollution control agency established by two or more States, or (2) an air pollution control agency of two or more municipalities located in different States. **(d)** The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands. **(e)** The term “person” includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof. **(f)** The term “municipality” means a cit

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42 U.S.C. § 7606 — Federal procurement

**(a) Contracts with violators prohibited** No Federal agency may enter into any contract with any person who is convicted of any offense under [section 7413(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7413/c&num=0&edition=prelim) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under [section 7413(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7413/c/2&num=0&edition=prelim), the condition giving rise to the conviction also shall be considered to include any substantive violation of this chapter associated with the violation of 7413(c)(2) of this title. The Administrator may extend this prohibition to other facilities owned or operated by the convicted person. **(b) Notification procedures** The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a). **(c) Federal agency contracts** In order to implement the purposes and policy of this chapter to protect and enhance the quality of the Nation’s air, the President shall, not more than 180 days after December 31, 1970, cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this chapter in such co

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42 U.S.C. § 7613 — Repealed. Pub. L. 101–549, title VIII, § 803, Nov. 15, 1990, 104 Stat. 2689

### Statutory Notes Section, act July 14, 1955, ch. 360, title III, § 313, formerly § 306, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 313 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat. 1705, 1713; Aug. 7, 1977, Pub. L. 95–95, title III, § 302(b), 91 Stat. 771, required annual report to Congress on progress of programs under this chapter.

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42 U.S.C. § 7607 — Administrative proceedings and judicial review

**(a) Administrative subpenas; confidentiality; witnesses** In connection with any determination under [section 7410(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/f&num=0&edition=prelim), or for purposes of obtaining information under section 7521(b)(4) 11 See References in Text note below. or 7545(c)(3) of this title, any investigation, monitoring, reporting requirement, entry, compliance inspection, or administrative enforcement proceeding under the 22 So in original. Probably should be “this”. chapter (including but not limited to section 7413, section 7414, section 7420, section 7429, section 7477, section 7524, section 7525, section 7542, section 7603, or [section 7606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7606&num=0&edition=prelim)),,33 So in original. the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for emission data, upon a showing satisfactory to the Administrator by such owner or operator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim), except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, to perso

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

42 U.S.C. § 7603 — Emergency powers

Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is based. Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this section before the expiration of that period. Whenever the Administrator brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought.

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

42 U.S.C. § 7611 — Records and audit

**(a) Recipients of assistance to keep prescribed records** Each recipient of assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. **(b) Audits** The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter.

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