42 U.S.C. § 7403 — Research, investigation, training, and

Page 7165 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 § 7402. Cooperative activities (a) Interstate cooperation; uniform State laws; State compacts The Administrator shall encourage coopera- tive activities by the States and local govern- ments for the prevention and control of air pol- lution; encourage the enactment of improved and, so far as practicable in the light of varying conditions and needs, uniform State and local laws relating to the prevention and control of air pollution; and encourage the making of agreements and compacts between States for the prevention and control of air pollution. (b) Federal cooperation The Administrator shall cooperate with and encourage cooperative activities by all Federal departments and agencies having functions re- lating to the prevention and control of air pollu- tion, so as to assure the utilization in the Fed- eral air pollution control program of all appro- priate and available facilities and resources within the Federal Government. (c) Consent of Congress to compacts The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) cooperative effort and mutual assistance for the prevention and control of air pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agen- cies, joint or otherwise, as they may deem desir- able for making effective such agreements or compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by Congress. It is the intent of Congress that no agreement or compact entered into between States after November 21, 1967, which relates to the control and abatement of air pollution in an air quality control region, shall provide for par- ticipation by a State which is not included (in whole or in part) in such air quality control re- gion. (July 14, 1955, ch. 360, title I, § 102, formerly § 2, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 393; renumbered § 102, Pub. L. 89–272, title I, § 101(3), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 485; Pub. L. 91–604, § 15(c)(2), Dec. 31, 1970, 84 Stat. 1713.) Editorial Notes CODIFICATION Section was formerly classified to section 1857a of this title. PRIOR PROVISIONS Provisions similar to those in the first clause of sub- sec. (a) of this section were contained in subsec. (b)(1) of a prior section 1857a, of this title, act July 14, 1955, ch. 360, § 2, 69 Stat. 322, prior to the general amendment of this chapter by Pub. L. 88–206. AMENDMENTS 1970—Subsecs. (a), (b). Pub. L. 91–604 substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ wherever appearing. 1967—Subsec. (c). Pub. L. 90–148 inserted declaration that it is the intent of Congress that no agreement or compact entered into between States after the date of enactment of the Air Quality Act of 1967, which for pur- poses of codification was changed to November 21, 1967, the date of approval of such Act, relating to the control and abatement of air pollution in an air quality control region, shall provide for participation by a State which is not included (in whole or in part) in such air quality control region. § 7403. Research, investigation, training, and other activities (a) Research and development program for pre- vention and control of air pollution The Administrator shall establish a national research and development program for the pre- vention and control of air pollution and as part of such program shall— (1) conduct, and promote the coordination and acceleration of, research, investigations, experiments, demonstrations, surveys, and studies relating to the causes, effects (includ- ing health and welfare effects), extent, preven- tion, and control of air pollution; (2) encourage, cooperate with, and render technical services and provide financial assist- ance to air pollution control agencies and other appropriate public or private agencies, institutions, and organizations, and individ- uals in the conduct of such activities; (3) conduct investigations and research and make surveys concerning any specific problem of air pollution in cooperation with any air pollution control agency with a view to rec- ommending a solution of such problem, if he is requested to do so by such agency or if, in his judgment, such problem may affect any com- munity or communities in a State other than that in which the source of the matter causing or contributing to the pollution is located; (4) establish technical advisory committees composed of recognized experts in various as- pects of air pollution to assist in the examina- tion and evaluation of research progress and proposals and to avoid duplication of research; and (5) conduct and promote coordination and acceleration of training for individuals relat- ing to the causes, effects, extent, prevention, and control of air pollution. (b) Authorized activities of Administrator in es- tablishing research and development pro- gram In carrying out the provisions of the preceding subsection the Administrator is authorized to— (1) collect and make available, through pub- lications and other appropriate means, the re- sults of and other information, including ap- propriate recommendations by him in connec- tion therewith, pertaining to such research and other activities; (2) cooperate with other Federal depart- ments and agencies, with air pollution control agencies, with other public and private agen- cies, institutions, and organizations, and with any industries involved, in the preparation and conduct of such research and other activi- ties; (3) make grants to air pollution control agencies, to other public or nonprofit private agencies, institutions, and organizations, and to individuals, for purposes stated in sub- section (a)(1) of this section; Page 7166 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 (4) contract with public or private agencies, institutions, and organizations, and with indi- viduals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41; (5) establish and maintain research fellow- ships, in the Environmental Protection Agen- cy and at public or nonprofit private edu- cational institutions or research organiza- tions; (6) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agencies, in- stitutions, and organizations having related responsibilities, basic data on chemical, phys- ical, and biological effects of varying air qual- ity and other information pertaining to air pollution and the prevention and control thereof; (7) develop effective and practical processes, methods, and prototype devices for the preven- tion or control of air pollution; and (8) construct facilities, provide equipment, and employ staff as necessary to carry out this chapter. In carrying out the provisions of subsection (a), the Administrator shall provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications and make grants to such agencies, to other public or nonprofit pri- vate agencies, institutions, and organizations for the purposes stated in subsection (a)(5). Rea- sonable fees may be charged for such training provided to persons other than personnel of air pollution control agencies but such training shall be provided to such personnel of air pollu- tion control agencies without charge. (c) Air pollutant monitoring, analysis, modeling, and inventory research In carrying out subsection (a), the Adminis- trator shall conduct a program of research, test- ing, and development of methods for sampling, measurement, monitoring, analysis, and mod- eling of air pollutants. Such program shall in- clude the following elements: (1) Consideration of individual, as well as complex mixtures of, air pollutants and their chemical transformations in the atmosphere. (2) Establishment of a national network to monitor, collect, and compile data with quan- tification of certainty in the status and trends of air emissions, deposition, air quality, sur- face water quality, forest condition, and visi- bility impairment, and to ensure the com- parability of air quality data collected in dif- ferent States and obtained from different na- tions. (3) Development of improved methods and technologies for sampling, measurement, mon- itoring, analysis, and modeling to increase un- derstanding of the sources of ozone precursors, ozone formation, ozone transport, regional in- fluences on urban ozone, regional ozone trends, and interactions of ozone with other pollutants. Emphasis shall be placed on those techniques which— (A) improve the ability to inventory emis- sions of volatile organic compounds and ni- trogen oxides that contribute to urban air pollution, including anthropogenic and nat- ural sources; (B) improve the understanding of the mechanism through which anthropogenic and biogenic volatile organic compounds react to form ozone and other oxidants; and (C) improve the ability to identify and evaluate region-specific prevention and con- trol options for ozone pollution. (4) Submission of periodic reports to the Congress, not less than once every 5 years, which evaluate and assess the effectiveness of air pollution control regulations and programs using monitoring and modeling data obtained pursuant to this subsection. (d) Environmental health effects research (1) The Administrator, in consultation with the Secretary of Health and Human Services, shall conduct a research program on the short- term and long-term effects of air pollutants, in- cluding wood smoke, on human health. In con- ducting such research program the Adminis- trator— (A) shall conduct studies, including epide- miological, clinical, and laboratory and field studies, as necessary to identify and evaluate exposure to and effects of air pollutants on human health; (B) may utilize, on a reimbursable basis, the facilities of existing Federal scientific labora- tories and research centers; and (C) shall consult with other Federal agencies to ensure that similar research being con- ducted in other agencies is coordinated to avoid duplication. (2) In conducting the research program under this subsection, the Administrator shall develop methods and techniques necessary to identify and assess the risks to human health from both routine and accidental exposures to individual air pollutants and combinations thereof. Such research program shall include the following elements: (A) The creation of an Interagency Task Force to coordinate such program. The Task Force shall include representatives of the Na- tional Institute for Environmental Health Sciences, the Environmental Protection Agen- cy, the Agency for Toxic Substances and Dis- ease Registry, the National Toxicology Pro- gram, the National Institute of Standards and Technology, the National Science Foundation, the Surgeon General, and the Department of Energy. This Interagency Task Force shall be chaired by a representative of the Environ- mental Protection Agency and shall convene its first meeting within 60 days after Novem- ber 15, 1990. (B) An evaluation, within 12 months after November 15, 1990, of each of the hazardous air pollutants listed under section 7412(b) of this title, to decide, on the basis of available infor- mation, their relative priority for preparation of environmental health assessments pursuant to subparagraph (C). The evaluation shall be based on reasonably anticipated toxicity to humans and exposure factors such as fre- quency of occurrence as an air pollutant and volume of emissions in populated areas. Such evaluation shall be reviewed by the Inter- agency Task Force established pursuant to subparagraph (A). Page 7167 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 (C) Preparation of environmental health as- sessments for each of the hazardous air pollut- ants referred to in subparagraph (B), begin- ning 6 months after the first meeting of the Interagency Task Force and to be completed within 96 months thereafter. No fewer than 24 assessments shall be completed and published annually. The assessments shall be prepared in accordance with guidelines developed by the Administrator in consultation with the Inter- agency Task Force and the Science Advisory Board of the Environmental Protection Agen- cy. Each such assessment shall include— (i) an examination, summary, and evalua- tion of available toxicological and epidemio- logical information for the pollutant to as- certain the levels of human exposure which pose a significant threat to human health and the associated acute, subacute, and chronic adverse health effects; (ii) a determination of gaps in available in- formation related to human health effects and exposure levels; and (iii) where appropriate, an identification of additional activities, including toxicological and inhalation testing, needed to identify the types or levels of exposure which may present significant risk of adverse health ef- fects in humans. (e) Ecosystem research In carrying out subsection (a), the Adminis- trator, in cooperation, where appropriate, with the Under Secretary of Commerce for Oceans and Atmosphere, the Director of the Fish and Wildlife Service, and the Secretary of Agri- culture, shall conduct a research program to im- prove understanding of the short-term and long- term causes, effects, and trends of ecosystems damage from air pollutants on ecosystems. Such program shall include the following elements: (1) Identification of regionally representa- tive and critical ecosystems for research. (2) Evaluation of risks to ecosystems ex- posed to air pollutants, including character- ization of the causes and effects of chronic and episodic exposures to air pollutants and deter- mination of the reversibility of those effects. (3) Development of improved atmospheric dispersion models and monitoring systems and networks for evaluating and quantifying expo- sure to and effects of multiple environmental stresses associated with air pollution. (4) Evaluation of the effects of air pollution on water quality, including assessments of the short-term and long-term ecological effects of acid deposition and other atmospherically de- rived pollutants on surface water (including wetlands and estuaries) and groundwater. (5) Evaluation of the effects of air pollution on forests, materials, crops, biological diver- sity, soils, and other terrestrial and aquatic systems exposed to air pollutants. (6) Estimation of the associated economic costs of ecological damage which have oc- curred as a result of exposure to air pollut- ants. Consistent with the purpose of this program, the Administrator may use the estuarine research reserves established pursuant to section 1461 of title 16 to carry out this research. (f) Liquefied Gaseous Fuels Spill Test Facility (1) The Administrator, in consultation with the Secretary of Energy and the Federal Coordi- nating Council for Science, Engineering, and Technology, shall oversee an experimental and analytical research effort, with the experi- mental research to be carried out at the Lique- fied Gaseous Fuels Spill Test Facility. In con- sultation with the Secretary of Energy, the Ad- ministrator shall develop a list of chemicals and a schedule for field testing at the Facility. Anal- ysis of a minimum of 10 chemicals per year shall be carried out, with the selection of a minimum of 2 chemicals for field testing each year. High- est priority shall be given to those chemicals that would present the greatest potential risk to human health as a result of an accidental re- lease— (A) from a fixed site; or (B) related to the transport of such chemi- cals. (2) The purpose of such research shall be to— (A) develop improved predictive models for atmospheric dispersion which at a minimum— (i) describe dense gas releases in complex terrain including man-made structures or obstacles with variable winds; (ii) improve understanding of the effects of turbulence on dispersion patterns; and (iii) consider realistic behavior of aerosols by including physicochemical reactions with water vapor, ground deposition, and removal by water spray; (B) evaluate existing and future atmospheric dispersion models by— (i) the development of a rigorous, stand- ardized methodology for dense gas models; and (ii) the application of such methodology to current dense gas dispersion models using data generated from field experiments; and (C) evaluate the effectiveness of hazard miti- gation and emergency response technology for fixed site and transportation related acci- dental releases of toxic chemicals. Models pertaining to accidental release shall be evaluated and improved periodically for their utility in planning and implementing evacu- ation procedures and other mitigative strategies designed to minimize human exposure to haz- ardous air pollutants released accidentally. (3) The Secretary of Energy shall make avail- able to interested persons (including other Fed- eral agencies and businesses) the use of the Liq- uefied Gaseous Fuels Spill Test Facility to con- duct research and other activities in connection with the activities described in this subsection. (g) Pollution prevention and emissions control (1) In general In carrying out subsection (a), the Adminis- trator shall conduct a basic engineering re- search and technology program to develop, evaluate, and demonstrate nonregulatory strategies and technologies for air pollution prevention. (2) Participation requirement Such strategies and technologies described in paragraph (1) shall be developed with pri- Page 7168 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 ority on those pollutants which pose a signifi- cant risk to human health and the environ- ment, and with opportunities for participation by industry, public interest groups, scientists, States, institutions of higher education, and other interested persons in the development of such strategies and technologies. (3) Program inclusions The program under this subsection shall in- clude the following elements: (A) Improvements in nonregulatory strate- gies and technologies for preventing or re- ducing multiple air pollutants, including sulfur oxides, nitrogen oxides, heavy metals, PM–10 (particulate matter), carbon mon- oxide, and carbon dioxide, from stationary sources, including fossil fuel power plants. Such strategies and technologies shall in- clude improvements in the relative cost ef- fectiveness and long-range implications of various air pollutant reduction and non- regulatory control strategies such as energy conservation, including end-use efficiency, and fuel-switching to cleaner fuels. Such strategies and technologies shall be consid- ered for existing and new facilities. (B) Improvements in nonregulatory strate- gies and technologies for reducing air emis- sions from area sources. (C) Improvements in nonregulatory strate- gies and technologies for preventing, detect- ing, and correcting accidental releases of hazardous air pollutants. (D) Improvements in nonregulatory strate- gies and technologies that dispose of tires in ways that avoid adverse air quality impacts. (4) Effect of subsection Nothing in this subsection shall be con- strued to authorize the imposition on any per- son of air pollution control requirements. (5) Coordination and avoidance of duplication The Administrator shall consult with other appropriate Federal agencies to ensure coordi- nation and to avoid duplication of activities authorized under this subsection. (6) Certain carbon dioxide activities (A) In general In carrying out paragraph (3)(A) with re- spect to carbon dioxide, the Administrator— (i) is authorized to carry out the activi- ties described in subparagraph (B); and (ii) shall carry out the activities de- scribed in subparagraph (C). (B) Direct air capture research (i) Definitions In this subparagraph: (I) Board The term ‘‘Board’’ means the Direct Air Capture Technology Advisory Board established by clause (iii)(I). (II) Dilute The term ‘‘dilute’’ means a concentra- tion of less than 1 percent by volume. (III) Direct air capture (aa) In general The term ‘‘direct air capture’’, with respect to a facility, technology, or system, means that the facility, tech- nology, or system uses carbon capture equipment to capture carbon dioxide directly from the air. (bb) Exclusion The term ‘‘direct air capture’’ does not include any facility, technology, or system that captures carbon dioxide— (AA) that is deliberately released from a naturally occurring sub- surface spring; or (BB) using natural photosynthesis. (IV) Intellectual property The term ‘‘intellectual property’’ means— (aa) an invention that is patentable under title 35; and (bb) any patent on an invention de- scribed in item (aa). (ii) Technology prizes (I) In general Not later than 1 year after December 27, 2020, the Administrator, in consulta- tion with the Secretary of Energy, is au- thorized to establish a program to pro- vide financial awards on a competitive basis for direct air capture from media in which the concentration of carbon di- oxide is dilute. (II) Duties In carrying out this clause, the Admin- istrator shall— (aa) subject to subclause (III), de- velop specific requirements for— (AA) the competition process; and (BB) the demonstration of perform- ance of approved projects; (bb) offer financial awards for a project designed— (AA) to the maximum extent prac- ticable, to capture more than 10,000 tons of carbon dioxide per year; (BB) to operate in a manner that would be commercially viable in the foreseeable future (as determined by the Board); and (CC) to improve the technologies or information systems that enable monitoring and verification methods for direct air capture projects; and (cc) to the maximum extent prac- ticable, make financial awards to geo- graphically diverse projects, including at least— (AA) 1 project in a coastal State; and (BB) 1 project in a rural State. (III) Public participation In carrying out subclause (II)(aa), the Administrator shall— (aa) provide notice of and, for a pe- riod of not less than 60 days, an oppor- tunity for public comment on, any draft or proposed version of the re- quirements described in subclause (II)(aa); and Page 7169 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 1 See References in Text note below. (bb) take into account public com- ments received in developing the final version of those requirements. (iii) Direct Air Capture Technology Advi- sory Board (I) Establishment The Administrator may establish an advisory board to be known as the ‘‘Di- rect Air Capture Technology Advisory Board’’. (II) Composition The Board, on the establishment of the Board, shall be composed of 9 members appointed by the Administrator, who shall provide expertise in— (aa) climate science; (bb) physics; (cc) chemistry; (dd) biology; (ee) engineering; (ff) economics; (gg) business management; and (hh) such other disciplines as the Ad- ministrator determines to be necessary to achieve the purposes of this sub- paragraph. (III) Term; vacancies (aa) Term A member of the Board shall serve for a term of 6 years. (bb) Vacancies A vacancy on the Board— (AA) shall not affect the powers of the Board; and (BB) shall be filled in the same manner as the original appointment was made. (IV) Initial meeting Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. (V) Meetings The Board shall meet at the call of the Chairperson or on the request of the Ad- ministrator. (VI) Quorum A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (VII) Chairperson and Vice Chairperson The Board shall select a Chairperson and Vice Chairperson from among the members of the Board. (VIII) Compensation Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5 for each day during which the member is engaged in the actual per- formance of the duties of the Board. (IX) Duties The Board shall— (aa) advise the Administrator on car- rying out the duties of the Adminis- trator under this subparagraph; and (bb) provide other assistance and ad- vice as requested by the Adminis- trator. (iv) Intellectual property (I) In general As a condition of receiving a financial award under this subparagraph, an appli- cant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States. (II) Reservation of license The United States— (aa) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on be- half of the United States, in connec- tion with any intellectual property de- scribed in subclause (I); but (bb) shall not, in the exercise of a li- cense reserved under item (aa), pub- licly disclose proprietary information relating to the license. (III) Transfer of title Title to any intellectual property de- scribed in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property. (v) Authorization of appropriations There is authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended. (vi) Termination of authority Notwithstanding section 14 of the Fed- eral Advisory Committee Act (5 U.S.C. App.),1 the Board and all authority pro- vided under this subparagraph shall termi- nate not later than 12 years after Decem- ber 27, 2020. (C) Deep saline formation report (i) Definition of deep saline formation (I) In general In this subparagraph, the term ‘‘deep saline formation’’ means a formation of subsurface geographically extensive sedi- mentary rock layers saturated with wa- ters or brines that have a high total dis- solved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid. (II) Clarification In this subparagraph, the term ‘‘deep saline formation’’ does not include oil and gas reservoirs. (ii) Report In consultation with the Secretary of Energy, and, as appropriate, with the head Page 7170 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 of any other relevant Federal agency and relevant stakeholders, not later than 1 year after December 27, 2020, the Adminis- trator shall prepare, submit to Congress, and make publicly available a report that includes— (I) a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline forma- tions, using existing research; (II) recommendations for managing the potential risks identified under sub- clause (I), including potential risks unique to public land; and (III) recommendations for Federal leg- islation or other policy changes to miti- gate any potential risks identified under subclause (I). (D) GAO report Not later than 5 years after December 27, 2020, the Comptroller General of the United States shall submit to Congress a report that— (i) identifies all Federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies, in- cluding direct air capture technologies; and (ii) examines the extent to which the Federal grant programs identified pursu- ant to clause (i) overlap or are duplicative. (h) NIEHS studies (1) The Director of the National Institute of Environmental Health Sciences may conduct a program of basic research to identify, charac- terize, and quantify risks to human health from air pollutants. Such research shall be conducted primarily through a combination of university and medical school-based grants, as well as through intramural studies and contracts. (2) The Director of the National Institute of Environmental Health Sciences shall conduct a program for the education and training of physi- cians in environmental health. (3) The Director shall assure that such pro- grams shall not conflict with research under- taken by the Administrator. (4) There are authorized to be appropriated to the National Institute of Environmental Health Sciences such sums as may be necessary to carry out the purposes of this subsection. (i) Coordination of research The Administrator shall develop and imple- ment a plan for identifying areas in which ac- tivities authorized under this section can be car- ried out in conjunction with other Federal eco- logical and air pollution research efforts. The plan, which shall be submitted to Congress with- in 6 months after November 15, 1990, shall in- clude— (1) an assessment of ambient monitoring sta- tions and networks to determine cost effective ways to expand monitoring capabilities in both urban and rural environments; (2) a consideration of the extent of the feasi- bility and scientific value of conducting the research program under subsection (e) to in- clude consideration of the effects of atmos- pheric processes and air pollution effects; and (3) a methodology for evaluating and rank- ing pollution prevention technologies, such as those developed under subsection (g), in terms of their ability to reduce cost effectively the emissions of air pollutants and other airborne chemicals of concern. Not later than 2 years after November 15, 1990, and every 4 years thereafter, the Administrator shall report to Congress on the progress made in implementing the plan developed under this sub- section, and shall include in such report any re- visions of the plan. (j) Continuation of national acid precipitation assessment program (1) The acid precipitation research program set forth in the Acid Precipitation Act of 1980 [42 U.S.C. 8901 et seq.] shall be continued with modi- fications pursuant to this subsection. (2) The Acid Precipitation Task Force shall consist of the Administrator of the Environ- mental Protection Agency, the Secretary of En- ergy, the Secretary of the Interior, the Sec- retary of Agriculture, the Administrator of the National Oceanic and Atmospheric Administra- tion, the Administrator of the National Aero- nautics and Space Administration, and such ad- ditional members as the President may select. The President shall appoint a chairman for the Task Force from among its members within 30 days after November 15, 1990. (3) The responsibilities of the Task Force shall include the following: (A) Review of the status of research activi- ties conducted to date under the comprehen- sive research plan developed pursuant to the Acid Precipitation Act of 1980 [42 U.S.C. 8901 et seq.], and development of a revised plan that identifies significant research gaps and estab- lishes a coordinated program to address cur- rent and future research priorities. A draft of the revised plan shall be submitted by the Task Force to Congress within 6 months after November 15, 1990. The plan shall be available for public comment during the 60 day period after its submission, and a final plan shall be submitted by the President to the Congress within 45 days after the close of the comment period. (B) Coordination with participating Federal agencies, augmenting the agencies’ research and monitoring efforts and sponsoring addi- tional research in the scientific community as necessary to ensure the availability and qual- ity of data and methodologies needed to evalu- ate the status and effectiveness of the acid deposition control program. Such research and monitoring efforts shall include, but not be limited to— (i) continuous monitoring of emissions of precursors of acid deposition; (ii) maintenance, upgrading, and applica- tion of models, such as the Regional Acid Deposition Model, that describe the inter- actions of emissions with the atmosphere, and models that describe the response of ecosystems to acid deposition; and Page 7171 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 2 So in original. Probably should be ‘‘precursors’’. (iii) analysis of the costs, benefits, and ef- fectiveness of the acid deposition control program. (C) Publication and maintenance of a Na- tional Acid Lakes Registry that tracks the condition and change over time of a statis- tically representative sample of lakes in re- gions that are known to be sensitive to surface water acidification. (D) Submission every two years of a unified budget recommendation to the President for activities of the Federal Government in con- nection with the research program described in this subsection. (E) Beginning in 1992 and biennially there- after, submission of a report to Congress de- scribing the results of its investigations and analyses. The reporting of technical informa- tion about acid deposition shall be provided in a format that facilitates communication with policymakers and the public. The report shall include— (i) actual and projected emissions and acid deposition trends; (ii) average ambient concentrations of acid deposition percursors 2 and their trans- formation products; (iii) the status of ecosystems (including forests and surface waters), materials, and visibility affected by acid deposition; (iv) the causes and effects of such deposi- tion, including changes in surface water quality and forest and soil conditions; (v) the occurrence and effects of episodic acidification, particularly with respect to high elevation watersheds; and (vi) the confidence level associated with each conclusion to aid policymakers in use of the information. (F) Beginning in 1996, and every 4 years thereafter, the report under subparagraph (E) shall include— (i) the reduction in deposition rates that must be achieved in order to prevent adverse ecological effects; and (ii) the costs and benefits of the acid depo- sition control program created by sub- chapter IV–A of this chapter. (k) Air pollution conferences If, in the judgment of the Administrator, an air pollution problem of substantial significance may result from discharge or discharges into the atmosphere, the Administrator may call a con- ference concerning this potential air pollution problem to be held in or near one or more of the places where such discharge or discharges are occurring or will occur. All interested persons shall be given an opportunity to be heard at such conference, either orally or in writing, and shall be permitted to appear in person or by rep- resentative in accordance with procedures pre- scribed by the Administrator. If the Adminis- trator finds, on the basis of the evidence pre- sented at such conference, that the discharge or discharges if permitted to take place or con- tinue are likely to cause or contribute to air pollution subject to abatement under this part, the Administrator shall send such findings, to- gether with recommendations concerning the measures which the Administrator finds reason- able and suitable to prevent such pollution, to the person or persons whose actions will result in the discharge or discharges involved; to air pollution agencies of the State or States and of the municipality or municipalities where such discharge or discharges will originate; and to the interstate air pollution control agency, if any, in the jurisdictional area of which any such municipality is located. Such findings and rec- ommendations shall be advisory only, but shall be admitted together with the record of the con- ference, as part of the proceedings under sub- sections (b), (c), (d), (e), and (f) of section 7408 of this title. (July 14, 1955, ch. 360, title I, § 103, formerly § 3, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 394; renumbered § 103 and amended Pub. L. 89–272, title I, §§ 101(3), 103, Oct. 20, 1965, 79 Stat. 992, 996; Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 486; Pub. L. 91–604, §§ 2(a), 4(2), 15(a)(2), (c)(2), Dec. 31, 1970, 84 Stat. 1676, 1689, 1710, 1713; Pub. L. 95–95, title I, § 101(a), (b), Aug. 7, 1977, 91 Stat. 686, 687; Pub. L. 101–549, title IX, § 901(a)–(c), Nov. 15, 1990, 104 Stat. 2700–2703; Pub. L. 116–260, div. S, § 102(b), Dec. 27, 2020, 134 Stat. 2243.) Editorial Notes REFERENCES IN TEXT Section 14 of the Federal Advisory Committee Act, referred to in subsec. (g)(6)(B)(vi), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was re- pealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361. The Acid Precipitation Act of 1980, referred to in sub- sec. (j)(1), (3)(A), is title VII of Pub. L. 96–294, June 30, 1980, 94 Stat. 770, which is classified generally to chap- ter 97 (§ 8901 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 8901 of this title and Tables. CODIFICATION In subsec. (b)(4), ‘‘section 3324(a) and (b) of title 31 and section 6101 of title 41’’ substituted for ‘‘sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. Section was formerly classified to section 1857b of this title. PRIOR PROVISIONS Provisions similar to those in subsec. (a)(3) of this section were contained in subsec. (a) of a prior section 1857b of this title, act July 14, 1955, ch. 360, § 3, 69 Stat. 322, as amended Oct. 9, 1962, Pub. L. 87–761, § 2, 76 Stat. 760, prior to the general amendment of this chapter by Pub. L. 88–206. Provisions similar to those in this section were con- tained in prior sections 1857a to 1857d of this title, act July 14, 1955, ch. 360, §§ 2 to 5, 69 Stat. 322 (section 1857b as amended Oct. 9, 1962, Pub. L. 87–761, § 2, 76 Stat. 760; section 1857d as amended Sept. 22, 1959, Pub. L. 86–365, § 1, 73 Stat. 646 and Oct. 9, 1962, Pub. L. 87–761, § 1, 76 Stat. 760), prior to the general amendment of this chap- ter by Pub. L. 88–206. AMENDMENTS 2020—Subsec. (c)(3). Pub. L. 116–260, § 102(b)(1), sub- stituted ‘‘precursors’’ for ‘‘percursors’’ in introductory provisions. Page 7172 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7403 Subsec. (g)(1). Pub. L. 116–260, § 102(b)(2)(C)(iii), des- ignated first sentence of introductory provisions as par. (1) and inserted heading. Former par. (1) redesignated subpar. (A) of par. (3). Subsec. (g)(2). Pub. L. 116–260, § 102(b)(2)(C)(ii), des- ignated second sentence of introductory provisions as par. (2), inserted heading, substituted ‘‘Such strategies and technologies described in paragraph (1) shall be de- veloped’’ for ‘‘Such strategies and technologies shall be developed’’, and inserted ‘‘States, institutions of higher education,’’ after ‘‘scientists,’’. Former par. (2) redesig- nated subpar. (B) of par. (3). Subsec. (g)(3). Pub. L. 116–260, § 102(b)(2)(C)(i), des- ignated third sentence of introductory provisions as par. (3), inserted heading, and substituted ‘‘The pro- gram under this subsection’’ for ‘‘Such program’’. Former par. (3) redesignated subpar. (C) of par. (3). Subsec. (g)(3)(A) to (D). Pub. L. 116–260, § 102(b)(2)(A), redesignated pars. (1) to (4) of subsec. (g) as subpars. (A) to (D), respectively, of par. (3). Subsec. (g)(4), (5). Pub. L. 116–260, § 102(b)(2)(B), des- ignated first and second sentences of concluding provi- sions as pars. (4) and (5), respectively, and inserted headings. Former par. (4) redesignated subpar. (D) of par. (3). Subsec. (g)(6). Pub. L. 116–260, § 102(b)(2)(D), added par. (6). 1990—Subsec. (a)(1). Pub. L. 101–549, § 901(a)(1), in- serted ‘‘(including health and welfare effects)’’ after ‘‘effects’’. Subsec. (b)(8). Pub. L. 101–549, § 901(a)(2), which di- rected amendment of subsec. (b) by adding par. (8) at end, was executed by adding par. (8) after par. (7) to re- flect the probable intent of Congress. Subsecs. (c) to (f). Pub. L. 101–549, § 901(b), amended subsecs. (c) to (f) generally, substituting present provi- sions for provisions which related to: in subsec. (c), re- sults of other scientific studies; in subsec. (d), construc- tion of facilities; in subsec. (e), potential air pollution problems, conferences, and findings and recommenda- tions of the Administrator; and, in subsec. (f), acceler- ated research programs. Subsecs. (g) to (k). Pub. L. 101–549, § 901(c), added sub- secs. (g) to (k). 1977—Subsec. (a). Pub. L. 95–95, § 101(b), struck out reference to ‘‘training’’ in par. (1) and added par. (5). Subsec. (b). Pub. L. 95–95, § 101(a), struck out par. (5) which provided for training and training grants to per- sonnel of air pollution control agencies and other per- sons with suitable qualifications, redesignated pars. (6), (7), and (8) as (5), (6), and (7), respectively, and, fol- lowing par. (7) as so redesignated, inserted provisions directing the Administrator, in carrying out subsec. (a), to provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications and to make grants to such agencies, to other public or nonprofit private agencies, institutions, and organizations for the purposes stated in subsec. (a)(5) and allowing reason- able fees to be charged for such training provided to persons other than personnel of air pollution control agencies but requiring that such training be provided to such personnel of air pollution control agencies without charge. 1970—Subsec. (a). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’. Subsec. (b). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ and ‘‘Environmental Pro- tection Agency’’ for ‘‘Department of Health, Education, and Welfare’’. Subsec. (c). Pub. L. 91–604, § 15(a)(2), (c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ and ‘‘air pollutants’’ for ‘‘air pollution agents (or combinations of agents)’’. Subsec. (d). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’. Subsec. (e). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ wherever appearing, sub- stituted ‘‘7415’’ for ‘‘7415(a)’’, and inserted references to subsecs. (b) and (c) of section 7415 of this title. Subsec. (f). Pub. L. 91–604, § 2(a), added subsec. (f). 1967—Subsec. (a). Pub. L. 90–148 substituted ‘‘estab- lish technical advisory committees composed of recog- nized experts in various aspects of air pollution to as- sist in the examination and evaluation of research progress and proposals and to avoid duplication of re- search’’ for ‘‘initiate and conduct a program of research directed toward the development of improved, low-cost techniques for extracting sulfur from fuels’’ as cl. (4) and struck out cl. (5) which related to research pro- grams relating to the control of hydrocarbon emissions from evaporation of gasoline and nitrogen and aldehyde oxide emission from gasoline and diesel powered vehi- cles and relating to the development of improved low- cost techniques to reduce emissions of oxides of sulfur produced by the combustion of sulfur-containing fuels. Subsec. (c). Pub. L. 90–148 struck out provision for promulgation of criteria in the case of particular air pollution agents present in the air in certain quantities reflecting the latest scientific knowledge and allowing for availability and revision and provided for rec- ommendation by Secretary of air quality criteria. Subsec. (e). Pub. L. 90–148 substituted references to subsections (d), (e), and (f) of section 7415 of this title for references to subsections (c), (d), and (e) of section 7415 of this title in provision for admission of advisory findings and recommendations together with the record of the conference and made such findings and rec- ommendations part of the proceedings of the con- ference, not merely part of the record of proceedings. 1965—Subsec. (a)(5). Pub. L. 89–272, § 103(3), added par. (5). Subsecs. (d), (e). Pub. L. 89–272, § 103(4), added subsecs. (d) and (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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (i) of this section requiring quadrennial re- ports to Congress and of reporting provisions in subsec. (j)(3)(E) and (F) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 7th and 8th items on page 163 of House Document No. 103–7. 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. See section 1013 of Title 5, Government Organiza- tion and Employees. Page 7173 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7404 1 So in original. The period probably should be a semicolon. PILOT DESIGN PROGRAMS Pub. L. 106–246, div. B, title II, § 2603, July 13, 2000, 114 Stat. 558, required the Administrator of the Environ- mental Protection Agency to make grants to carry out a 2-year program to implement in five metropolitan areas pilot design programs and report to Congress on the results not later than 360 days from first day of the second year of the 2-year program. NATIONAL ACID LAKES REGISTRY Pub. L. 101–549, title IV, § 405, Nov. 15, 1990, 104 Stat. 2632, provided that: ‘‘The Administrator of the Environ- mental Protection Agency shall create a National Acid Lakes Registry that shall list, to the extent practical, all lakes that are known to be acidified due to acid dep- osition, and shall publish such list within one year of the enactment of this Act [Nov. 15, 1990]. Lakes shall be added to the registry as they become acidic or as data becomes available to show they are acidic. Lakes shall be deleted from the registry as they become non- acidic.’’ ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECHNOLOGIES Pub. L. 101–549, title IX, § 901(e), Nov. 15, 1990, 104 Stat. 2706, directed Administrator of Environmental Protection Agency to conduct a study that compares international air pollution control technologies of se- lected industrialized countries to determine if there exist air pollution control technologies in countries outside the United States that may have beneficial ap- plications to this Nation’s air pollution control efforts, including, with respect to each country studied, the topics of urban air quality, motor vehicle emissions, toxic air emissions, and acid deposition, and within 2 years after Nov. 15, 1990, submit to Congress a report detailing the results of such study. WESTERN STATES ACID DEPOSITION RESEARCH Pub. L. 101–549, title IX, § 901(g), Nov. 15, 1990, 104 Stat. 2707, provided that: ‘‘(1) The Administrator of the Environmental Protec- tion Agency shall sponsor monitoring and research and submit to Congress annual and periodic assessment re- ports on— ‘‘(A) the occurrence and effects of acid deposition on surface waters located in that part of the United States west of the Mississippi River; ‘‘(B) the occurrence and effects of acid deposition on high elevation ecosystems (including forests, and surface waters); and ‘‘(C) the occurrence and effects of episodic acidifi- cation, particularly with respect to high elevation watersheds. ‘‘(2) The Administrator of the Environmental Protec- tion Agency shall analyze data generated from the studies conducted under paragraph (1), data from the Western Lakes Survey, and other appropriate research and utilize predictive modeling techniques that take into account the unique geographic, climatological, and atmospheric conditions which exist in the western United States to determine the potential occurrence and effects of acid deposition due to any projected in- creases in the emission of sulfur dioxide and nitrogen oxides in that part of the United States located west of the Mississippi River. The Administrator shall include the results of the project conducted under this para- graph in the reports issued to Congress under para- graph (1).’’ CONSULTATION WITH AND TRANSMISSION OF REPORTS AND STUDIES TO CONGRESSIONAL COMMITTEE Pub. L. 95–95, title I, § 101(c), Aug. 7, 1977, 91 Stat. 687, provided that: ‘‘The Administrator of the Environ- mental Protection Agency shall consult with the House Committee on Science and Technology [now Com- mittee on Science, Space, and Technology] on the envi- ronmental and atmospheric research, development, and demonstration aspects of this Act [see Short Title of 1977 Amendment note set out under section 7401 of this title]. In addition, the reports and studies required by this Act that relate to research, development, and dem- onstration issues shall be transmitted to the Com- mittee on Science and Technology [now Committee on Science, Space, and Technology] at the same time they are made available to other committees of the Con- gress.’’ STUDY OF SUBSTANCES DISCHARGED FROM EXHAUSTS OF MOTOR VEHICLES Pub. L. 86–493, June 8, 1960, 74 Stat. 162, directed Sur- geon General of Public Health Service to conduct a thorough study for purposes of determining, with re- spect to the various substances discharged from ex- hausts of motor vehicles, the amounts and kinds of such substances which, from the standpoint of human health, it is safe for motor vehicles to discharge into the atmosphere under the various conditions under which such vehicles may operate, and, not later than two years after June 8, 1960, submit to Congress a re- port on results of the study, together with such rec- ommendations, if any, based upon the findings made in such study, as he deemed necessary for the protection of the public health. § 7404. Research relating to fuels and vehicles (a) Research programs; grants; contracts; pilot and demonstration plants; byproducts re- search The Administrator shall give special emphasis to research and development into new and im- proved methods, having industry-wide applica- tion, for the prevention and control of air pollu- tion resulting from the combustion of fuels. In furtherance of such research and development he shall— (1) conduct and accelerate research pro- grams directed toward development of im- proved, cost-effective techniques for— (A) control of combustion byproducts of fuels, (B) removal of potential air pollutants from fuels prior to combustion, (C) control of emissions from the evapo- ration of fuels, (D) improving the efficiency of fuels com- bustion so as to decrease atmospheric emis- sions, and (E) producing synthetic or new fuels which, when used, result in decreased atmos- pheric emissions.1 (2) provide for Federal grants to public or nonprofit agencies, institutions, and organiza- tions and to individuals, and contracts with public or private agencies, institutions, or per- sons, for payment of (A) part of the cost of ac- quiring, constructing, or otherwise securing for research and development purposes, new or improved devices or methods having industry- wide application of preventing or controlling discharges into the air of various types of pol- lutants; (B) part of the cost of programs to de- velop low emission alternatives to the present internal combustion engine; (C) the cost to purchase vehicles and vehicle engines, or por- tions thereof, for research, development, and testing purposes; and (D) carrying out the other provisions of this section, without re-