42 U.S.C. § 7417 — Advisory committees

Page 7239 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7417 1 See Codification note below. 2 See References in Text note below. prior to the enactment of Pub. L. 95–95, Aug. 7, 1977, 91 Stat. 691, effective Aug. 7, 1977. Section 112(b)(1) of Pub. L. 95–95 repealed section 119 of act July 14, 1955, ch. 360, title I, as added by Pub. L. 93–319, and provided that all references to such section 119 in any subsequent enact- ment which supersedes Pub. L. 93–319 shall be construed to refer to section 113(d) of the Clean Air Act and to paragraph (5) thereof in particular which is classified to subsec. (d)(5) of section 7413 of this title. Section 7413 of this title was subsequently amended generally by Pub. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, no longer relates to final com- pliance orders. Section 117(b) of Pub. L. 95–95 added a new section 119 of act July 14, 1955, which is classified to section 7419 of this title. CODIFICATION Section was formerly classified to section 1857d–1 of this title. AMENDMENTS 1977—Pub. L. 95–190 inserted reference to specified provisions in effect before Aug. 7, 1977. 1974—Pub. L. 93–319 inserted reference to section 1857c–10(c), (e), and (f). 1970—Pub. L. 91–604, § 4(c), substituted provisions which authorized any State or political subdivision thereof to adopt or enforce, except as otherwise pro- vided, emission standards or limitations under the specified conditions, or any requirement respecting control or abatement of air pollution, for provisions which authorized any State, political subdivision, or intermunicipal or interstate agency to adopt standards and plans to achieve a higher level of air quality than approved by the Secretary. Statutory Notes and Related Subsidiaries 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 L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub.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. § 7417. Advisory committees (a) Establishment; membership In order to obtain assistance in the develop- ment and implementation of the purposes of this chapter including air quality criteria, rec- ommended control techniques, standards, re- search and development, and to encourage the continued efforts on the part of industry to im- prove air quality and to develop economically feasible methods for the control and abatement of air pollution, the Administrator shall from time to time establish advisory committees. Committee members shall include, but not be limited to, persons who are knowledgeable con- cerning air quality from the standpoint of health, welfare, economics or technology. (b) Compensation The members of any other advisory commit- tees appointed pursuant to this chapter who are not officers or employees of the United States while attending conferences or meetings or while otherwise serving at the request of the Ad- ministrator, shall be entitled to receive com- pensation at a rate to be fixed by the Adminis- trator, but not exceeding $100 per diem, includ- ing traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service employed intermittently. (c) 1 Consultations by Administrator Prior to— (1) issuing criteria for an air pollutant under section 7408(a)(2) of this title, (2) publishing any list under section 7411(b)(1)(A) or section 7412(b)(1)(A) 2 of this title, (3) publishing any standard under section 7411 or section 7412 of this title, or (4) publishing any regulation under section 7521(a) of this title, the Administrator shall, to the maximum extent practicable within the time provided, consult with appropriate advisory committees, inde- pendence experts, and Federal departments and agencies. (July 14, 1955, ch. 360, title I, § 117 formerly § 6, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 399; renumbered § 106, Pub. L. 89–272, title I, § 101(3), Oct. 20, 1965, 79 Stat. 992; renumbered § 110 and amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 498; renumbered § 117 and amended Pub. L. 91–604, §§ 4(a), (d), 15(c)(2), Dec. 31, 1970, 84 Stat. 1678, 1689, 1713; Pub. L. 95–95, title I, § 115, Aug. 7, 1977, 91 Stat. 711; Pub. L. 95–623, § 13(c), Nov. 9, 1978, 92 Stat. 3458.) Editorial Notes REFERENCES IN TEXT Section 7412(b)(1), referred to in subsec. (c)(2), was amended generally by Pub. L. 101–549, title III, § 301, Nov. 15, 1990, 104 Stat. 2531, and, as so amended, no longer contains a subpar. (A). CODIFICATION Subsec. (c) was originally enacted as subsec. (f) but has been redesignated (c) for purposes of codification in view of the failure of Pub. L. 95–95 to redesignate sub- sec. (f) as (c) after repealing former subsecs. (a) and (b) and redesignating former subsecs. (d) and (e) as (a) and (b). Section was formerly classified to section 1857e of this title. AMENDMENTS 1978—Subsec. (c)(3). Pub. L. 95–623 substituted ‘‘7411’’ for ‘‘7411(b)(1)(B)’’ and ‘‘7412’’ for ‘‘7412(b)(1)(B)’’. 1977—Subsec. (a). Pub. L. 95–95, § 115(1), (2), redesig- nated subsec. (d) as (a). Former subsec. (a), establishing an Air Quality Advisory Board in the Environmental Protection Agency, was struck out. Subsec. (b). Pub. L. 95–95, § 115(1)–(3), redesignated subsec. (e) as (b) and substituted ‘‘The members of any other advisory committees’’ for ‘‘The members of the Board and other advisory committees’’ and ‘‘con- ferences or meetings or while otherwise serving’’ for ‘‘conferences or meetings of the Board or while other- wise serving’’. Former subsec. (b), setting out the du- ties of the Air Quality Advisory Board, was struck out. Page 7240 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7418 Subsecs. (c) to (e). Pub. L. 95–95, § 115(1), (2), struck out subsec. (c) which related to clerical and technical assistance for the Air Quality Advisory Board, and re- designated subsecs. (d) and (e) as (a) and (b), respec- tively. 1970—Subsec. (a). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Environmental Protection Agency’’ for ‘‘Department of Health, Education, and Welfare’’ and ‘‘Adminis- trator’’ for ‘‘Secretary’’. Subsec. (b). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ wherever appearing. Subsec. (c). Pub. L. 91–604, § 15(c)(2), substituted ‘‘En- vironmental Protection Agency’’ for ‘‘Department of Health, Education, and Welfare’’. Subsecs. (d), (e). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing. Subsec. (f). Pub. L. 91–604, § 4(d), added subsec. (f). 1967—Subsec. (a). Pub. L. 90–148 substituted provi- sions establishing in the Department of Health, Edu- cation, and Welfare an Air Quality Advisory Board and providing for the appointment and term of its members for provisions directing the Secretary to maintain liai- son with manufacturers looking toward development of devices and fuels to reduce pollutants in automotive exhaust and to appoint a technical committee and call it together from time to time to evaluate progress and develop and recommend research programs. Subsec. (b). Pub. L. 90–148 substituted provision set- ting out the duties of the Air Quality Advisory Board for provisions requiring the Secretary to make semi- annual reports to Congress on measures being taken to- ward the resolution of vehicle exhaust pollution prob- lems. Subsecs. (c) to (e). Pub. L. 90–148 added subsecs. (c) to (e). 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. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 7418. Control of pollution from Federal facili- ties (a) General compliance Each department, agency, and instrumen- tality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge of air pollutants, and each officer, agent, or employee thereof, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administra- tive authority, and process and sanctions re- specting the control and abatement of air pollu- tion in the same manner, and to the same extent as any nongovernmental entity. The preceding sentence shall apply (A) to any requirement whether substantive or procedural (including any recordkeeping or reporting requirement, any requirement respecting permits and any other requirement whatsoever), (B) to any re- quirement to pay a fee or charge imposed by any State or local agency to defray the costs of its air pollution regulatory program, (C) to the ex- ercise of any Federal, State, or local administra- tive authority, and (D) to any process and sanc- tion, whether enforced in Federal, State, or local courts, or in any other manner. This sub- section shall apply notwithstanding any immu- nity of such agencies, officers, agents, or em- ployees under any law or rule of law. No officer, agent, or employee of the United States shall be personally liable for any civil penalty for which he is not otherwise liable. (b) Exemption The President may exempt any emission source of any department, agency, or instrumen- tality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so, except that no exemption may be granted from section 7411 of this title, and an exemption from section 7412 of this title may be granted only in accordance with section 7412(i)(4) of this title. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in ex- cess of one year, but additional exemptions may be granted for periods of not to exceed one year upon the President’s making a new determina- tion. In addition to any such exemption of a par- ticular emission source, the President may, if he determines it to be in the paramount interest of the United States to do so, issue regulations ex- empting from compliance with the requirements of this section any weaponry, equipment, air- craft, vehicles, or other classes or categories of property which are owned or operated by the Armed Forces of the United States (including the Coast Guard) or by the National Guard of any State and which are uniquely military in nature. The President shall reconsider the need for such regulations at three-year intervals. The President shall report each January to the Con- gress all exemptions from the requirements of