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42 U.S.C. § 7492 — Visibility

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

42 U.S.C. § 7492 — Visibility

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Source file: Laws/federal/codes/united-states-code/title-42/section-7492-visibility--b59fe48792.md
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Source location: Title 42, Chapter 85, § 7492; chapter-085-air-pollution-prevention-and-control.md

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**(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 an assessment of actual progress and improvement in visibility in class I areas. The Administrator shall prepare a written report on each assessment and transmit copies of these reports to the appropriate committees of Congress. **(c) Establishment of visibility transport regions and commissions** (1) **Authority to establish visibility transport regions** — Whenever, upon the Administrator’s motion or by petition from the Governors of at least two affected States, the Administrator has reason to believe that the current or projected interstate transport of air pollutants from one or more States contributes significantly to visibility impairment in class I areas located in the affected States, the Administrator may establish a transport region for such pollutants that includes such States. The Administrator, upon the Administrator’s own motion or upon petition from the Governor of any affected State, or upon the recommendations of a transport commission established under subsection (b) of this section 11 So in original. Words “subsection (b) of this section” probably should be “paragraph (2)”. may— (A) add any State or portion of a State to a visibility transport region when the Administrator determines that the interstate transport of air pollutants from such State significantly contributes to visibility impairment in a class I area located within the transport region, or (B) remove any State or portion of a State from the region whenever the Administrator has reason to believe that the control of emissions in that State or portion of the State pursuant to this section will not significantly contribute to the protection or enhancement of visibility in any class I area in the region. (2) **Visibility transport commissions** — Whenever the Administrator establishes a transport region under subsection (c)(1), the Administrator shall establish a transport commission comprised of (as a minimum) each of the following members: (A) the Governor of each State in the Visibility Transport Region, or the Governor’s designee; (B) The 22 So in original. Probably should not be capitalized. Administrator or the Administrator’s designee; and (C) A 2 representative of each Federal agency charged with the direct management of each class I area or areas within the Visibility Transport Region. (3) **Ex officio members** — All representatives of the Federal Government shall be ex officio members. (4) **Chapter 10 of title 5** — The visibility transport commissions shall be exempt from the requirements of chapter 10 of title 5. **(d) Duties of visibility transport commissions** A Visibility Transport Commission— (1) shall assess the scientific and technical data, studies, and other currently available information, including studies conducted pursuant to subsection (a)(1), pertaining to adverse impacts on visibility from potential or projected growth in emissions from sources located in the Visibility Transport Region; and (2) shall, within 4 years of establishment, issue a report to the Administrator recommending what measures, if any, should be taken under this chapter to remedy such adverse impacts. The report required by this subsection shall address at least the following measures: (A) the establishment of clean air corridors, in which additional restrictions on increases in emissions may be appropriate to protect visibility in affected class I areas; (B) the imposition of the requirements of part D of this subchapter affecting the construction of new major stationary sources or major modifications to existing sources in such clean air corridors specifically including the alternative siting analysis provisions of [section 7503(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7503/a/5&num=0&edition=prelim); and (C) the promulgation of regulations under [section 7491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7491&num=0&edition=prelim) to address long range strategies for addressing regional haze which impairs visibility in affected class I areas. **(e) Duties of Administrator** (1) The Administrator shall, taking into account the studies pursuant to subsection (a)(1) and the reports pursuant to subsection (d)(2) and any other relevant information, within eighteen months of receipt of the report referred to in subsection (d)(2) of this section, carry out the Administrator’s regulatory responsibilities under [section 7491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7491&num=0&edition=prelim), including criteria for measuring “reasonable progress” toward the national goal. (2) Any regulations promulgated under [section 7491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7491&num=0&edition=prelim) pursuant to this subsection shall require affected States to revise within 12 months their implementation plans under [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim) to contain such emission limits, schedules of compliance, and other measures as may be necessary to carry out regulations promulgated pursuant to this subsection. **(f) Grand Canyon visibility transport commission** The Administrator pursuant to subsection (c)(1) shall, within 12 months, establish a visibility transport commission for the region affecting the visibility of the Grand Canyon National Park.

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

42 U.S.C. § 7410 — State implementation plans for national primary and secondary ambient air quality standards

**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems** (1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph. (2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall— (A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7410

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

42 U.S.C. § 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 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7491

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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. § 7492 — Visibility

Page 7271 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7492 cant 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 Ad- ministrator 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 appro- priate 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 pro- posed 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) shall consult in person with the appro- priate 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 sec- tion, 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, the meeting of the national goal specified in subsection (a)(1) by any specific date or dates shall

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