42 U.S.C. § 7470 — Congressional declaration of purpose

Page 7262 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7470 1 So in original. Probably should be ‘‘anticipated’’. 2 So in original. Section was enacted without an opening paren- thesis. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS For provisions relating to stratospheric ozone protec- tion, see section 7671 et seq. of this title. PART C—PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY SUBPART I—CLEAN AIR § 7470. Congressional declaration of purpose The purposes of this part are as follows: (1) to protect public health and welfare from any actual or potential adverse effect which in the Administrator’s judgment may reasonably be anticipate 1 to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air) 2, notwithstanding attainment and maintenance of all national ambient air quality standards; (2) to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national sea- shores, and other areas of special national or regional natural, recreational, scenic, or his- toric value; (3) to insure that economic growth will occur in a manner consistent with the preser- vation of existing clean air resources; (4) to assure that emissions from any source in any State will not interfere with any por- tion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and (5) to assure that any decision to permit in- creased air pollution in any area to which this section applies is made only after careful eval- uation of all the consequences of such a deci- sion and after adequate procedural opportuni- ties for informed public participation in the decisionmaking process. (July 14, 1955, ch. 360, title I, § 160, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 731.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subpart effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. GUIDANCE DOCUMENT Pub. L. 95–95, title I, § 127(c), Aug. 7, 1977, 91 Stat. 741, required Administrator, not later than 1 year after Aug. 7, 1977, to publish a guidance document to assist States in carrying out their functions under part C of title I of the Clean Air Act (this part) with respect to pollutants for which national ambient air quality standards are promulgated. STUDY AND REPORT ON PROGRESS MADE IN PROGRAM RELATING TO SIGNIFICANT DETERIORATION OF AIR QUALITY Pub. L. 95–95, title I, § 127(d), Aug. 7, 1977, 91 Stat. 742, directed Administrator, not later than 2 years after Aug. 7, 1977, to complete a study and report to Congress on progress made in carrying out part C of title I of the Clean Air Act (this part) and the problems associated in carrying out such section. § 7471. Plan requirements In accordance with the policy of section 7401(b)(1) of this title, each applicable implemen- tation plan shall contain emission limitations and such other measures as may be necessary, as determined under regulations promulgated under this part, to prevent significant deteriora- tion of air quality in each region (or portion thereof) designated pursuant to section 7407 of this title as attainment or unclassifiable. (July 14, 1955, ch. 360, title I, § 161, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L. 101–549, title I, § 110(1), Nov. 15, 1990, 104 Stat. 2470.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–549 substituted ‘‘designated pursu- ant to section 7407 of this title as attainment or unclassifiable’’ for ‘‘identified pursuant to section 7407(d)(1)(D) or (E) of this title’’. § 7472. Initial classifications (a) Areas designated as class I Upon the enactment of this part, all— (1) international parks, (2) national wilderness areas which exceed 5,000 acres in size, (3) national memorial parks which exceed 5,000 acres in size, and (4) national parks which exceed six thousand acres in size, and which are in existence on August 7, 1977, shall be class I areas and may not be redesig- nated. All areas which were redesignated as class I under regulations promulgated before August 7, 1977, shall be class I areas which may be redesignated as provided in this part. The ex- tent of the areas designated as Class I under this section shall conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or which may occur subsequent to November 15, 1990. (b) Areas designated as class II All areas in such State designated pursuant to section 7407(d) of this title as attainment or unclassifiable which are not established as class I under subsection (a) shall be class II areas un- less redesignated under section 7474 of this title. (July 14, 1955, ch. 360, title I, § 162, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L. 95–190, § 14(a)(40), Nov. 16, 1977, 91 Stat. 1401; Pub. L. 101–549, title I, §§ 108(m), 110(2), Nov. 15, 1990, 104 Stat. 2469, 2470.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–549, § 108(m), inserted at end ‘‘The extent of the areas designated as Class I under this section shall conform to any changes in the boundaries of such areas which have occurred subse- quent to August 7, 1977, or which may occur subsequent to November 15, 1990.’’