42 U.S.C. § 7651 — Findings and purposes

Page 7412 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7641 1 So in original. Probably should be ‘‘operational’’. (g) Definitions In this section, the terms ‘‘cost-effective tech- nologies and practices’’ and ‘‘operating 1 cost savings’’ shall have the meanings defined in sec- tion 17061 of this title. (July 14, 1955, ch. 360, title III, § 329, as added Pub. L. 110–140, title IV, § 493, Dec. 19, 2007, 121 Stat. 1652.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. SUBCHAPTER IV—NOISE POLLUTION Editorial Notes CODIFICATION Another title IV of act July 14, 1955, as added by Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2584, is classified to subchapter IV–A (§ 7651 et seq.) of this chapter. § 7641. Noise abatement (a) Office of Noise Abatement and Control The Administrator shall establish within the Environmental Protection Agency an Office of Noise Abatement and Control, and shall carry out through such Office a full and complete in- vestigation and study of noise and its effect on the public health and welfare in order to (1) identify and classify causes and sources of noise, and (2) determine— (A) effects at various levels; (B) projected growth of noise levels in urban areas through the year 2000; (C) the psychological and physiological ef- fect on humans; (D) effects of sporadic extreme noise (such as jet noise near airports) as compared with con- stant noise; (E) effect on wildlife and property (including values); (F) effect of sonic booms on property (in- cluding values); and (G) such other matters as may be of interest in the public welfare. (b) Investigation techniques; report and rec- ommendations In conducting such investigation, the Admin- istrator shall hold public hearings, conduct re- search, experiments, demonstrations, and stud- ies. The Administrator shall report the results of such investigation and study, together with his recommendations for legislation or other ac- tion, to the President and the Congress not later than one year after December 31, 1970. (c) Abatement of noise from Federal activities In any case where any Federal department or agency is carrying out or sponsoring any activ- ity resulting in noise which the Administrator determines amounts to a public nuisance or is otherwise objectionable, such department or agency shall consult with the Administrator to determine possible means of abating such noise. (July 14, 1955, ch. 360, title IV, § 402, as added Pub. L. 91–604, § 14, Dec. 31, 1970, 84 Stat. 1709.) Editorial Notes CODIFICATION Another section 402 of act July 14, 1955, as added by Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2585, is classified to section 7651a of this title. Section was formerly classified to section 1858 of this title. § 7642. Authorization of appropriations There is authorized to be appropriated such amount, not to exceed $30,000,000, as may be nec- essary for the purposes of this subchapter. (July 14, 1955, ch. 360, title IV, § 403, as added Pub. L. 91–604, § 14, Dec. 31, 1970, 84 Stat. 1710.) Editorial Notes CODIFICATION Another section 403 of act July 14, 1955, as added by Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2589, is classified to section 7651b of this title. Section was formerly classified to section 1858a of this title. SUBCHAPTER IV–A—ACID DEPOSITION CONTROL Editorial Notes CODIFICATION Another title IV of act July 14, 1955, as added by Pub. L. 91–604, § 14, Dec. 31, 1970, 84 Stat. 1709, is classified principally to subchapter IV (§ 7641 et seq.) of this chap- ter. § 7651. Findings and purposes (a) Findings The Congress finds that— (1) the presence of acidic compounds and their precursors in the atmosphere and in dep- osition from the atmosphere represents a threat to natural resources, ecosystems, mate- rials, visibility, and public health; (2) the principal sources of the acidic com- pounds and their precursors in the atmosphere are emissions of sulfur and nitrogen oxides from the combustion of fossil fuels; (3) the problem of acid deposition is of na- tional and international significance; (4) strategies and technologies for the con- trol of precursors to acid deposition exist now that are economically feasible, and improved methods are expected to become increasingly available over the next decade; (5) current and future generations of Ameri- cans will be adversely affected by delaying measures to remedy the problem; (6) reduction of total atmospheric loading of sulfur dioxide and nitrogen oxides will en- hance protection of the public health and wel- fare and the environment; and (7) control measures to reduce precursor emissions from steam-electric generating units should be initiated without delay. (b) Purposes The purpose of this subchapter is to reduce the adverse effects of acid deposition through reduc- Page 7413 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651a tions in annual emissions of sulfur dioxide of ten million tons from 1980 emission levels, and, in combination with other provisions of this chap- ter, of nitrogen oxides emissions of approxi- mately two million tons from 1980 emission lev- els, in the forty-eight contiguous States and the District of Columbia. It is the intent of this sub- chapter to effectuate such reductions by requir- ing compliance by affected sources with pre- scribed emission limitations by specified dead- lines, which limitations may be met through al- ternative methods of compliance provided by an emission allocation and transfer system. It is also the purpose of this subchapter to encourage energy conservation, use of renewable and clean alternative technologies, and pollution preven- tion as a long-range strategy, consistent with the provisions of this subchapter, for reducing air pollution and other adverse impacts of en- ergy production and use. (July 14, 1955, ch. 360, title IV, § 401, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2584.) Editorial Notes CODIFICATION Another section 401 of act July 14, 1955, as added by Pub. L. 91–604, § 14, Dec. 31, 1970, 84 Stat. 1709, is set out as a Short Title note under section 7401 of this title. Statutory Notes and Related Subsidiaries ACID DEPOSITION STANDARDS Pub. L. 101–549, title IV, § 404, Nov. 15, 1990, 104 Stat. 2632, directed Administrator of Environmental Protec- tion Agency, not later than 36 months after Nov. 15, 1990, to transmit to Congress a report on the feasibility and effectiveness of an acid deposition standard or standards to protect sensitive and critically sensitive aquatic and terrestrial resources. INDUSTRIAL SO2 EMISSIONS Pub. L. 101–549, title IV, § 406, Nov. 15, 1990, 104 Stat. 2632, provided that: ‘‘(a) REPORT.—Not later than January 1, 1995 and every 5 years thereafter, the Administrator of the Envi- ronmental Protection Agency shall transmit to the Congress a report containing an inventory of national annual sulfur dioxide emissions from industrial sources (as defined in title IV of the Act [42 U.S.C. 7651 et seq.]), including units subject to section 405(g)(6) of the Clean Air Act [42 U.S.C. 7651d(g)(6)], for all years for which data are available, as well as the likely trend in such emissions over the following twenty-year period. The reports shall also contain estimates of the actual emis- sion reduction in each year resulting from promulga- tion of the diesel fuel desulfurization regulations under section 214 [42 U.S.C. 7548]. ‘‘(b) 5.60 MILLION TON CAP.—Whenever the inventory required by this section indicates that sulfur dioxide emissions from industrial sources, including units sub- ject to section 405(g)(5) of the Clean Air Act [42 U.S.C. 7651d(g)(5)], may reasonably be expected to reach levels greater than 5.60 million tons per year, the Adminis- trator of the Environmental Protection Agency shall take such actions under the Clean Air Act [42 U.S.C. 7401 et seq.] as may be appropriate to ensure that such emissions do not exceed 5.60 million tons per year. Such actions may include the promulgation of new and re- vised standards of performance for new sources, includ- ing units subject to section 405(g)(5) of the Clean Air Act, under section 111(b) of the Clean Air Act [42 U.S.C. 7411(b)], as well as promulgation of standards of per- formance for existing sources, including units subject to section 405(g)(5) of the Clean Air Act, under author- ity of this section. For an existing source regulated under this section, ‘standard of performance’ means a standard which the Administrator determines is appli- cable to that source and which reflects the degree of emission reduction achievable through the application of the best system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated for that category of sources. ‘‘(c) ELECTION.—Regulations promulgated under sec- tion 405(b) of the Clean Air Act [42 U.S.C. 7651d(b)] shall not prohibit a source from electing to become an af- fected unit under section 410 of the Clean Air Act [42 U.S.C. 7651i].’’ [For termination, effective May 15, 2000, of reporting provisions in section 406(a) of Pub. L. 101–549, set out above, 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 10th item on page 162 of House Docu- ment No. 103–7.] SENSE OF CONGRESS ON EMISSION REDUCTIONS COSTS Pub. L. 101–549, title IV, § 407, Nov. 15, 1990, 104 Stat. 2633, provided that: ‘‘It is the sense of the Congress that the Clean Air Act Amendments of 1990 [Pub. L. 101–549, see Tables for classification], through the allowance program, allocates the costs of achieving the required reductions in emissions of sulfur dioxide and oxides of nitrogen among sources in the United States. Broad based taxes and emissions fees that would provide for payment of the costs of achieving required emissions reductions by any party or parties other than the sources required to achieve the reductions are undesir- able.’’ MONITORING OF ACID RAIN PROGRAM IN CANADA Pub. L. 101–549, title IV, § 408, Nov. 15, 1990, 104 Stat. 2633, provided that the Administrator of the Environ- mental Protection Agency, in consultation with the Secretary of State, the Secretary of Energy, and other persons the Administrator deemed appropriate, would prepare and submit a report to Congress on January 1, 1994, January 1, 1999, and January 1, 2005, to analyze the emission levels of sulfur dioxide and nitrogen oxides in each of the provinces participating in Canada’s acid rain control program, the amount of emission reduc- tions of sulfur dioxide and oxides of nitrogen achieved by each province, the methods utilized by each prov- ince in making those reductions, and the costs and em- ployment impacts in each province of making and maintaining those reductions. § 7651a. Definitions As used in this subchapter: (1) The term ‘‘affected source’’ means a source that includes one or more affected units. (2) The term ‘‘affected unit’’ means a unit that is subject to emission reduction require- ments or limitations under this subchapter. (3) The term ‘‘allowance’’ means an author- ization, allocated to an affected unit by the Administrator under this subchapter, to emit, during or after a specified calendar year, one ton of sulfur dioxide. (4) The term ‘‘baseline’’ means the annual quantity of fossil fuel consumed by an affected unit, measured in millions of British Thermal Units (‘‘mmBtu’s’’), calculated as follows: (A) For each utility unit that was in com- mercial operation prior to January 1, 1985, the baseline shall be the annual average quantity of mmBtu’s consumed in fuel dur-