42 U.S.C. § 7601 — Administration

Page 7383 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7601 1 So in original. Probably should refer to part D of subchapter I. Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle I of the Act is classi- fied generally to subchapter IX (§ 6991 et seq.) of chap- ter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6901 of this title and Tables. November 15, 1990, referred to in subsec. (e)(3), was in the original ‘‘the date of the Clean Air Act Amend- ments of 1990’’, which was translated as meaning the date of enactment of Pub. L. 101–549, which enacted this section, to reflect the probable intent of Congress. § 7590. General provisions (a) State refueling facilities If any State adopts enforceable provisions in an implementation plan applicable to a non- attainment area which provides that existing State refueling facilities will be made available to the public for the purchase of clean alter- native fuels or that State-operated refueling fa- cilities for such fuels will be constructed and op- erated by the State and made available to the public at reasonable times, taking into consider- ation safety, costs, and other relevant factors, in approving such plan under section 7410 of this title and part D,1 the Administrator may credit a State with the emission reductions for pur- poses of part D 1 attributable to such actions. (b) No production mandate The Administrator shall have no authority under this part to mandate the production of clean-fuel vehicles except as provided in the California pilot test program or to specify as ap- plicable the models, lines, or types of, or mar- keting or price practices, policies, or strategies for, vehicles subject to this part. Nothing in this part shall be construed to give the Adminis- trator authority to mandate marketing or pric- ing practices, policies, or strategies for fuels. (c) Tank and fuel system safety The Secretary of Transportation shall, in ac- cordance with chapter 301 of title 49, promulgate applicable regulations regarding the safety and use of fuel storage cylinders and fuel systems, including appropriate testing and retesting, in conversions of motor vehicles. (d) Consultation with Department of Energy and Department of Transportation The Administrator shall coordinate with the Secretaries of the Department of Energy and the Department of Transportation in carrying out the Administrator’s duties under this part. (July 14, 1955, ch. 360, title II, § 250, as added Pub. L. 101–549, title II, § 229(a), Nov. 15, 1990, 104 Stat. 2528.) Editorial Notes CODIFICATION In subsec. (c), ‘‘chapter 301 of title 49’’ substituted for ‘‘the National Motor Vehicle Traffic Safety Act of 1966 [15 U.S.C. 1381 et seq.]’’, meaning ‘‘the National Traffic and Motor Vehicle Safety Act of 1966 [15 U.S.C. 1381 et seq.]’’, on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. SUBCHAPTER III—GENERAL PROVISIONS § 7601. Administration (a) Regulations; delegation of powers and duties; regional officers and employees (1) The Administrator is authorized to pre- scribe such regulations as are necessary to carry out his functions under this chapter. The Ad- ministrator may delegate to any officer or em- ployee of the Environmental Protection Agency such of his powers and duties under this chapter, except the making of regulations subject to sec- tion 7607(d) of this title, as he may deem nec- essary or expedient. (2) Not later than one year after August 7, 1977, the Administrator shall promulgate regula- tions 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 en- forcing the chapter; (B) to assure at least an adequate quality audit of each State’s performance and adher- ence to the requirements of this chapter in im- plementing and enforcing the chapter, particu- larly in the review of new sources and in en- forcement of the chapter; and (C) to provide a mechanism for identifying and standardizing inconsistent or varying cri- teria, procedures, and policies being employed by such officers and employees in imple- menting 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 Protec- tion Agency may be detailed to such agency for the purpose of carrying out the provisions of this chapter. (c) Payments under grants; installments; ad- vances or reimbursements Payments under grants made under this chap- ter may be made in installments, and in advance or by way of reimbursement, as may be deter- mined by the Administrator. (d) Tribal authority (1) Subject to the provisions of paragraph (2), the Administrator— (A) is authorized to treat Indian tribes as States under this chapter, except for purposes of the requirement that makes available for application by each State no less than one- half of 1 percent of annual appropriations under section 7405 of this title; and (B) may provide any such Indian tribe grant and contract assistance to carry out functions provided by this chapter. (2) The Administrator shall promulgate regu- lations within 18 months after November 15, 1990, specifying those provisions of this chapter Page 7384 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7601 for which it is appropriate to treat Indian tribes as States. Such treatment shall be authorized only if— (A) the Indian tribe has a governing body carrying out substantial governmental duties and powers; (B) the functions to be exercised by the In- dian tribe pertain to the management and pro- tection of air resources within the exterior boundaries of the reservation or other areas within the tribe’s jurisdiction; and (C) the Indian tribe is reasonably expected to be capable, in the judgment of the Adminis- trator, of carrying out the functions to be ex- ercised in a manner consistent with the terms and purposes of this chapter and all applicable regulations. (3) The Administrator may promulgate regula- tions which establish the elements of tribal im- plementation plans and procedures for approval or disapproval of tribal implementation plans and portions thereof. (4) In any case in which the Administrator de- termines that the treatment of Indian tribes as identical to States is inappropriate or adminis- tratively infeasible, the Administrator may pro- vide, by regulation, other means by which the Administrator will directly administer such pro- visions so as to achieve the appropriate purpose. (5) Until such time as the Administrator pro- mulgates regulations pursuant to this sub- section, the Administrator may continue to pro- vide financial assistance to eligible Indian tribes under section 7405 of this title. (July 14, 1955, ch. 360, title III, § 301, formerly § 8, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 400, renumbered Pub. L. 89–272, title I, § 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 504; Pub. L. 91–604, §§ 3(b)(2), 15(c)(2), Dec. 31, 1970, 84 Stat. 1677, 1713; Pub. L. 95–95, title III, § 305(e), Aug. 7, 1977, 91 Stat. 776; Pub. L. 101–549, title I, §§ 107(d), 108(i), Nov. 15, 1990, 104 Stat. 2464, 2467.) Editorial Notes CODIFICATION Section was formerly classified to section 1857g of this title. AMENDMENTS 1990—Subsec. (a)(1). Pub. L. 101–549, § 108(i), inserted ‘‘subject to section 7607(d) of this title’’ after ‘‘regula- tions’’. Subsec. (d). Pub. L. 101–549, § 107(d), added subsec. (d). 1977—Subsec. (a). Pub. L. 95–95 designated existing provisions as par. (1) and added par. (2). 1970—Subsec. (a). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ and ‘‘Environmental Protection Agency’’ for ‘‘Department of Health, Edu- cation, and Welfare’’. Subsec. (b). Pub. L. 91–604, § 3(b)(2), substituted ‘‘Envi- ronmental Protection Agency’’ for ‘‘Public Health Service’’ and struck out provisions covering the pay- ment of salaries and allowances. Subsec. (c). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’. 1967—Pub. L. 90–148 reenacted section without change. 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. DISADVANTAGED BUSINESS CONCERNS; USE OF QUOTAS PROHIBITED Pub. L. 101–549, title X, Nov. 15, 1990, 104 Stat. 2708, provided that: ‘‘SEC. 1001. DISADVANTAGED BUSINESS CONCERNS. ‘‘(a) IN GENERAL.—In providing for any research relat- ing to the requirements of the amendments made by the Clean Air Act Amendments of 1990 [Pub. L. 101–549, see Tables for classification] which uses funds of the Environmental Protection Agency, the Administrator of the Environmental Protection Agency shall, to the extent practicable, require that not less than 10 percent of total Federal funding for such research will be made available to disadvantaged business concerns. ‘‘(b) DEFINITION.— ‘‘(1)(A) For purposes of subsection (a), the term ‘dis- advantaged business concern’ means a concern— ‘‘(i) which is at least 51 percent owned by one or more socially and economically disadvantaged indi- viduals or, in the case of a publicly traded com- pany, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ‘‘(ii) the management and daily business oper- ations of which are controlled by such individuals. ‘‘(B)(i) A for-profit business concern is presumed to be a disadvantaged business concern for purposes of subsection (a) if it is at least 51 percent owned by, or in the case of a concern which is a publicly traded company at least 51 percent of the stock of the com- pany is owned by, one or more individuals who are members of the following groups: ‘‘(I) Black Americans. ‘‘(II) Hispanic Americans. ‘‘(III) Native Americans. ‘‘(IV) Asian Americans. ‘‘(V) Women. ‘‘(VI) Disabled Americans. ‘‘(ii) The presumption established by clause (i) may be rebutted with respect to a particular business con- cern if it is reasonably established that the individual or individuals referred to in that clause with respect to that business concern are not experiencing impedi- ments to establishing or developing such concern as a result of the individual’s identification as a mem- ber of a group specified in that clause. ‘‘(C) The following institutions are presumed to be disadvantaged business concerns for purposes of sub- section (a): ‘‘(i) Historically black colleges and universities, and colleges and universities having a student body in which 40 percent of the students are Hispanic. ‘‘(ii) Minority institutions (as that term is de- fined by the Secretary of Education pursuant to the General Education Provision Act (20 U.S.C. 1221 et seq.)). ‘‘(iii) Private and voluntary organizations con- trolled by individuals who are socially and eco- nomically disadvantaged. ‘‘(D) A joint venture may be considered to be a dis- advantaged business concern under subsection (a), notwithstanding the size of such joint venture, if— Page 7385 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7602 1 So in original. ‘‘(i) a party to the joint venture is a disadvan- taged business concern; and ‘‘(ii) that party owns at least 51 percent of the joint venture. A person who is not an economically disadvantaged individual or a disadvantaged business concern, as a party to a joint venture, may not be a party to more than 2 awarded contracts in a fiscal year solely by reason of this subparagraph. ‘‘(E) Nothing in this paragraph shall prohibit any member of a racial or ethnic group that is not listed in subparagraph (B)(i) from establishing that they have been impeded in establishing or developing a business concern as a result of racial or ethnic dis- crimination. ‘‘SEC. 1002. USE OF QUOTAS PROHIBITED.—Nothing in this title shall permit or require the use of quotas or a requirement that has the effect of a quota in deter- mining eligibility under section 1001.’’ § 7602. Definitions When used in this chapter— (a) The term ‘‘Administrator’’ means the Ad- ministrator 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 au- thority charged with responsibility for enforc- ing ordinances or laws relating to the preven- tion 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 estab- lished 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 Dis- trict 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 city, town, borough, county, parish, district, or other public body created by or pursuant to State law. (g) The term ‘‘air pollutant’’ means any air pollution agent or combination of such agents, including any physical, chemical, biological, ra- dioactive (including source material, special nu- clear material, and byproduct material) sub- stance or matter which is emitted into or other- wise enters the ambient air. Such term includes any precursors to the formation of any air pol- lutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term ‘‘air pol- lutant’’ is used. (h) All language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and cli- mate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being, whether caused by transformation, conversion, or combination with other air pol- lutants. (i) The term ‘‘Federal land manager’’ means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. (j) Except as otherwise expressly provided, the terms ‘‘major stationary source’’ and ‘‘major emitting facility’’ mean any stationary facility or source of air pollutants which directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant (including any major emitting facility or source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). (k) The terms ‘‘emission limitation’’ and ‘‘emission standard’’ mean a requirement estab- lished by the State or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice or operational stand- ard promulgated under this chapter..1 (l) The term ‘‘standard of performance’’ means a requirement of continuous emission reduction, including any requirement relating to the oper- ation or maintenance of a source to assure con- tinuous emission reduction. (m) The term ‘‘means of emission limitation’’ means a system of continuous emission reduc- tion (including the use of specific technology or fuels with specified pollution characteristics). (n) The term ‘‘primary standard attainment date’’ means the date specified in the applicable implementation plan for the attainment of a na- tional primary ambient air quality standard for any air pollutant. (o) The term ‘‘delayed compliance order’’ means an order issued by the State or by the Ad- ministrator to an existing stationary source, postponing the date required under an applica- ble implementation plan for compliance by such source with any requirement of such plan. (p) The term ‘‘schedule and timetable of com- pliance’’ means a schedule of required measures including an enforceable sequence of actions or operations leading to compliance with an emis- sion limitation, other limitation, prohibition, or standard.