42 U.S.C. § 7406 — Interstate air quality agencies; program

Page 7177 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7406 Subsec. (c). Pub. L. 101–549, § 802(e), added subsec. (c). Former subsec. (c) redesignated (b)(2). 1977—Subsec. (b). Pub. L. 95–95, § 102(a), inserted ‘‘, unless the Administrator, after notice and oppor- tunity for hearing, determines that a reduction in ex- penditures is attributable to a nonselective reduction in expenditures in the programs of all executive branch agencies of the applicable unit of Government’’ after ‘‘will be less than its expenditures were for such pro- grams during the preceding fiscal year’’. Subsec. (c). Pub. L. 95–95, § 102(b), provided that in fis- cal year 1978 and subsequent fiscal years, subject to provisions of subsec. (b) of this section, no State shall receive less than one-half of 1 per centum of the annual appropriation for grants under this section for grants to agencies within such State. Subsec. (e). Pub. L. 95–95, § 305(b), added subsec. (e). 1970—Subsec. (a)(1). Pub. L. 91–604, § 3(a), substituted provisions authorizing the Administrator to make grants, for provisions authorizing the Secretary to make grants, and provisions authorizing grants for pro- grams implementing national primary and secondary ambient air quality standards, for provisions author- izing grants for programs implementing air quality standards authorized by this subchapter, and inserted the provision requiring grants to air pollution control agencies be made to agencies having substantial re- sponsibilities for carrying out the applicable implemen- tation plan with respect to the air quality control re- gion or portion thereof. Subsecs. (a)(2), (3), (b), (c). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing. Subsec. (d). Pub. L. 91–604, § 3(b)(1), added subsec. (d). 1967—Subsec. (a). Pub. L. 90–148 designated existing provisions as par. (1), substituted ‘‘regional air quality control program’’ for ‘‘regional air pollution control program,’’ added planning to list of authorized activi- ties, and added programs for implementation of air quality standards authorized by this chapter to list of authorized programs, and added pars. (2) and (3). Subsec. (b). Pub. L. 90–148 made minor changes in the order of provisions. Subsec. (c). Pub. L. 90–148 reduced percentage limita- tion on portion of total funds which might be granted for air pollution control programs in any one State from 121⁄2 per centum to 10 per centum. 1966—Subsec. (a). Pub. L. 89–675, § 3(a)(1), struck out provisions limiting available funds to 20 per centum of sums appropriated annually for purpose of this sub- chapter, inserted provisions allowing grants to air pol- lution control agencies up to one-half of cost of main- taining programs for prevention and control of air pol- lution, and authorized Secretary to make grants of up to three-fifths of cost of maintaining regional air pollu- tion control programs. Subsec. (b). Pub. L. 89–675, § 3(a)(2), substituted ‘‘for the purpose of’’ for ‘‘under’’, permitted grantees to re- duce annual expenditures to the extent that nonrecur- rent costs are involved for purposes of application of the provision that no agency may receive grants during any fiscal year when its expenditures of non-Federal funds for air pollution control programs are less than its expenditures for such programs during the pre- ceding year, and inserted provisions insuring that Fed- eral funds will in no event be used to supplant State or local government funds in maintaining air pollution control programs. Subsec. (c). Pub. L. 89–675, § 3(b), substituted ‘‘total of funds appropriated or allocated for the purposes of sub- section (a) of this section shall be granted for air pollu- tion control programs’’ for ‘‘grant funds available under subsection (a) of this section shall be expended’’ and authorized the Secretary to determine the portion of grants to interstate agencies to be charged against the twelve and one-half percent limitation of grant funds to any one State. 1965—Subsec. (a). Pub. L. 89–272 substituted ‘‘this title’’ for ‘‘this Act’’, which for purposes of codification has been changed to ‘‘this subchapter’’, and ‘‘section 302(b)(2) and (4)’’ for ‘‘section 9(b)(2) and (4)’’, which for purposes of codification has been changed to ‘‘section 7602(b)(2) and (4) of this title’’. Statutory Notes and Related Subsidiaries 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. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7406. Interstate air quality agencies; program cost limitations For the purpose of developing implementation plans for any interstate air quality control re- gion designated pursuant to section 7407 of this title or of implementing section 7506a of this title (relating to control of interstate air pollu- tion) or section 7511c of this title (relating to control of interstate ozone pollution), the Ad- ministrator is authorized to pay, for two years, up to 100 per centum of the air quality planning program costs of any commission established under section 7506a of this title (relating to con- trol of interstate air pollution) or section 7511c of this title (relating to control of interstate ozone pollution) or any agency designated by the Governors of the affected States, which agency shall be capable of recommending to the Governors plans for implementation of national primary and secondary ambient air quality standards and shall include representation from the States and appropriate political subdivisions within the air quality control region. After the initial two-year period the Administrator is au- thorized to make grants to such agency or such commission in an amount up to three-fifths of the air quality implementation program costs of such agency or commission. (July 14, 1955, ch. 360, title I, § 106, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 490; amended Pub. L. 91–604, § 3(c), Dec. 31, 1970, 84 Stat. 1677; Pub. L. 101–549, title I, § 102(f)(2), title VIII, § 802(f), Nov. 15, 1990, 104 Stat. 2420, 2688.) Editorial Notes CODIFICATION Section was formerly classified to section 1857c–1 of this title. PRIOR PROVISIONS A prior section 106 of act July 14, 1955, was renum- bered section 117 by Pub. L. 91–604 and is classified to section 7417 of this title. AMENDMENTS 1990—Pub. L. 101–549, § 102(f)(2)(A), inserted ‘‘or of im- plementing section 7506a of this title (relating to con- Page 7178 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7407 trol of interstate air pollution) or section 7511c of this title (relating to control of interstate ozone pollution)’’ after ‘‘section 7407 of this title’’. Pub. L. 101–549, § 102(f)(2)(B), which directed insertion of ‘‘any commission established under section 7506a of this title (relating to control of interstate air pollu- tion) or section 7511c of this title (relating to control of interstate ozone pollution) or’’ after ‘‘program costs of’’, was executed by making the insertion after that phrase the first place it appeared to reflect the prob- able intent of Congress. Pub. L. 101–549, § 102(f)(2)(C), which directed insertion of ‘‘or such commission’’ after ‘‘such agency’’ in last sentence, was executed by making insertion after ‘‘such agency’’ the first place it appeared in the last sentence to reflect the probable intent of Congress. Pub. L. 101–549, §§ 102(f)(2)(D), 802(f), substituted ‘‘three-fifths of the air quality implementation pro- gram costs of such agency or commission’’ for ‘‘three- fourths of the air quality planning program costs of such agency’’. 1970—Pub. L. 91–604 struck out designation ‘‘(a)’’, sub- stituted provisions authorizing Federal grants for the purpose of developing implementation plans and provi- sions requiring the designated State agency to be capa- ble of recommending plans for implementation of na- tional primary and secondary ambient air quality standards, for provisions authorizing Federal grants for the purpose of expediting the establishment of air qual- ity standards and provisions requiring the designated State agency to be capable of recommending standards of air quality and plans for implementation thereof, re- spectively, and struck out subsec. (b) which authorized establishment of air quality planning commissions. § 7407. Air quality control regions (a) Responsibility of each State for air quality; submission of implementation plan Each State shall have the primary responsi- bility for assuring air quality within the entire geographic area comprising such State by sub- mitting an implementation plan for such State which will specify the manner in which national primary and secondary ambient air quality standards will be achieved and maintained with- in each air quality control region in such State. (b) Designated regions For purposes of developing and carrying out implementation plans under section 7410 of this title— (1) an air quality control region designated under this section before December 31, 1970, or a region designated after such date under sub- section (c), shall be an air quality control re- gion; and (2) the portion of such State which is not part of any such designated region shall be an air quality control region, but such portion may be subdivided by the State into two or more air quality control regions with the ap- proval of the Administrator. (c) Authority of Administrator to designate re- gions; notification of Governors of affected States The Administrator shall, within 90 days after December 31, 1970, after consultation with ap- propriate State and local authorities, designate as an air quality control region any interstate area or major intrastate area which he deems necessary or appropriate for the attainment and maintenance of ambient air quality standards. The Administrator shall immediately notify the Governors of the affected States of any designa- tion made under this subsection. (d) Designations (1) Designations generally (A) Submission by Governors of initial des- ignations following promulgation of new or revised standards By such date as the Administrator may reasonably require, but not later than 1 year after promulgation of a new or revised na- tional ambient air quality standard for any pollutant under section 7409 of this title, the Governor of each State shall (and at any other time the Governor of a State deems appropriate the Governor may) submit to the Administrator a list of all areas (or por- tions thereof) in the State, designating as— (i) nonattainment, any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pol- lutant, (ii) attainment, any area (other than an area identified in clause (i)) that meets the national primary or secondary ambient air quality standard for the pollutant, or (iii) unclassifiable, any area that cannot be classified on the basis of available infor- mation as meeting or not meeting the na- tional primary or secondary ambient air quality standard for the pollutant. The Administrator may not require the Gov- ernor to submit the required list sooner than 120 days after promulgating a new or revised national ambient air quality standard. (B) Promulgation by EPA of designations (i) Upon promulgation or revision of a na- tional ambient air quality standard, the Ad- ministrator shall promulgate the designa- tions of all areas (or portions thereof) sub- mitted under subparagraph (A) as expedi- tiously as practicable, but in no case later than 2 years from the date of promulgation of the new or revised national ambient air quality standard. Such period may be ex- tended for up to one year in the event the Administrator has insufficient information to promulgate the designations. (ii) In making the promulgations required under clause (i), the Administrator may make such modifications as the Adminis- trator deems necessary to the designations of the areas (or portions thereof) submitted under subparagraph (A) (including to the boundaries of such areas or portions there- of). Whenever the Administrator intends to make a modification, the Administrator shall notify the State and provide such State with an opportunity to demonstrate why any proposed modification is inappropriate. The Administrator shall give such notifica- tion no later than 120 days before the date the Administrator promulgates the designa- tion, including any modification thereto. If the Governor fails to submit the list in whole or in part, as required under subpara- graph (A), the Administrator shall promul- gate the designation that the Administrator deems appropriate for any area (or portion thereof) not designated by the State.