42 U.S.C. § 7416 — Retention of State authority

Page 7238 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7416 Subsecs. (i), (j). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing. Subsec. (k). Pub. L. 91–604, § 4(b)(3), (10), substituted provisions relating to compliance with any require- ment of an applicable implementation plan or with any standard prescribed under section 7411 of this title or section 7412 of this title, for provisions relating to the enjoining of imminent and substantial endangerment from pollution sources. 1967—Subsec. (b). Pub. L. 90–148 substituted reference to subsec. (c), (h), or (k) of this section for reference to subsec. (g) of this section. Subsecs. (c), (d). Pub. L. 90–148 added subsec. (c), re- designated former subsec. (c) as (d), inserted in par. (2) provisions for the delivery prior to the conference of a Federal report to agencies and interested parties cov- ering matters before the conference, raised from three weeks to thirty days the required notice of the con- ference, and inserted provisions for notice by news- papers, presentation of views on the Federal report, and transcript of proceedings. Former subsec. (d) redesig- nated (e). Subsec. (e). Pub. L. 90–148 redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f) and amended. Subsec. (f). Pub. L. 90–148 redesignated former subsec. (e) as (f) and inserted in par. (1) requirement that all in- terested parties be given a reasonable opportunity to present evidence to the hearing board. Former subsec. (f) redesignated (g) and amended. Subsec. (g). Pub. L. 90–148 redesignated former subsec. (f) as (g) and substituted reference to subsec. (d) of this section for reference to subsec. (c) of this section. Former subsec. (g) redesignated (h) and amended. Subsec. (h). Pub. L. 90–148 redesignated former sub- sec. (g) as (h) and substituted reference to subsec. (g) of this section for reference to subsec. (f) of this section. Former subsec. (h) redesignated (i) and amended. Subsec. (i). Pub. L. 90–148 redesignated former subsec. (h) as (i) and substituted reference to subsec. (f) of this section for reference to subsec. (e) of this section and raised the per diem maximum from $50 to $100. Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 90–148 redesignated former subsec. (i) as (j). Subsec. (k). Pub. L. 90–148 added subsec. (k). 1965—Subsec. (b). Pub. L. 89–272, § 101(2), substituted ‘‘this title’’ for ‘‘this Act’’, which for purposes of codi- fication has been changed to ‘‘this subchapter’’. Subsec. (c)(1)(D). Pub. L. 89–272, § 102(a), added subpar. (D). Subsec. (d)(3). Pub. L. 89–272, § 101(2), substituted ‘‘subchapter’’ for ‘‘chapter’’. Subsec. (f)(1). Pub. L. 89–272, § 102(b), designated exist- ing provisions as cl. (A) and added cl. (B). 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. UNITED STATES-CANADIAN NEGOTIATIONS ON AIR QUALITY Pub. L. 95–426, title VI, § 612, Oct. 7, 1978, 92 Stat. 990, provided that: ‘‘(a) The Congress finds that— ‘‘(1) the United States and Canada share a common environment along a 5,500 mile border; ‘‘(2) the United States and Canada are both becom- ing increasingly concerned about the effects of pollu- tion, particularly that resulting from power genera- tion facilities, since the facilities of each country af- fect the environment of the other; ‘‘(3) the United States and Canada have subscribed to international conventions; have joined in the envi- ronmental work of the United Nations, the Organiza- tion for Economic Cooperation and Development, and other international environmental forums; and have entered into and implemented effectively the provi- sions of the historic Boundary Waters Treaty of 1909; and ‘‘(4) the United States and Canada have a tradition of cooperative resolution of issues of mutual concern which is nowhere more evident than in the environ- mental area. ‘‘(b) It is the sense of the Congress that the President should make every effort to negotiate a cooperative agreement with the Government of Canada aimed at preserving the mutual airshed of the United States and Canada so as to protect and enhance air resources and insure the attainment and maintenance of air quality protective of public health and welfare. ‘‘(c) It is further the sense of the Congress that the President, through the Secretary of State working in concert with interested Federal agencies and the af- fected States, should take whatever diplomatic actions appear necessary to reduce or eliminate any undesir- able impact upon the United States and Canada result- ing from air pollution from any source.’’ § 7416. Retention of State authority Except as otherwise provided in sections 1857c–10(c), (e), and (f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and 7573 of this title (pre- empting certain State regulation of moving sources) nothing in this chapter shall preclude or deny the right of any State or political sub- division thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or section 7412 of this title, such State or political subdivision may not adopt or enforce any emission standard or limi- tation which is less stringent than the standard or limitation under such plan or section. (July 14, 1955, ch. 360, title I, § 116, formerly § 109, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 497; renumbered § 116 and amended Pub. L. 91–604, § 4(a), (c), Dec. 31, 1970, 84 Stat. 1678, 1689; Pub. L. 93–319, § 6(b), June 22, 1974, 88 Stat. 259; Pub. L. 95–190, § 14(a)(24), Nov. 16, 1977, 91 Stat. 1400.) Editorial Notes REFERENCES IN TEXT 1857c–10(c), (e), and (f) (as in effect before August 7, 1977), referred to in text, was in the original ‘‘119(c), (e), and (f) (as in effect before the date of the enactment of the Clean Air Act Amendments of 1977)’’ meaning sec- tion 119 of act July 14, 1955, ch. 360, title I, as added June 22, 1974, Pub. L. 93–319, § 3, 88 Stat. 248, (which was classified to section 1857c–10 of this title) as in effect 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.