42 U.S.C. § 7492 — Visibility

Page 7271 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7492 cant impairment of visibility in any mandatory class I Federal area. (2) Paragraph (1) of this subsection shall not be applicable to any fossil-fuel fired powerplant with total design capacity of 750 megawatts or more, unless the owner or operator of any such plant demonstrates to the satisfaction of the Administrator that such powerplant is located at such distance from all areas listed by the Ad- ministrator under subsection (a)(2) that such powerplant does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to significant impairment of visibility in any such area. (3) An exemption under this subsection shall be effective only upon concurrence by the appro- priate Federal land manager or managers with the Administrator’s determination under this subsection. (d) Consultations with appropriate Federal land managers Before holding the public hearing on the pro- posed revision of an applicable implementation plan to meet the requirements of this section, the State (or the Administrator, in the case of a plan promulgated under section 7410(c) of this title) shall consult in person with the appro- priate Federal land manager or managers and shall include a summary of the conclusions and recommendations of the Federal land managers in the notice to the public. (e) Buffer zones In promulgating regulations under this sec- tion, the Administrator shall not require the use of any automatic or uniform buffer zone or zones. (f) Nondiscretionary duty For purposes of section 7604(a)(2) of this title, the meeting of the national goal specified in subsection (a)(1) by any specific date or dates shall not be considered a ‘‘nondiscretionary duty’’ of the Administrator. (g) Definitions For the purpose of this section— (1) in determining reasonable progress there shall be taken into consideration the costs of compliance, the time necessary for compli- ance, and the energy and nonair quality envi- ronmental impacts of compliance, and the re- maining useful life of any existing source sub- ject to such requirements; (2) in determining best available retrofit technology the State (or the Administrator in determining emission limitations which re- flect such technology) shall take into consid- eration the costs of compliance, the energy and nonair quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of im- provement in visibility which may reasonably be anticipated to result from the use of such technology; (3) the term ‘‘manmade air pollution’’ means air pollution which results directly or indi- rectly from human activities; (4) the term ‘‘as expeditiously as prac- ticable’’ means as expeditiously as practicable but in no event later than five years after the date of approval of a plan revision under this section (or the date of promulgation of such a plan revision in the case of action by the Ad- ministrator under section 7410(c) of this title for purposes of this section); (5) the term ‘‘mandatory class I Federal areas’’ means Federal areas which may not be designated as other than class I under this part; (6) the terms ‘‘visibility impairment’’ and ‘‘impairment of visibility’’ shall include re- duction in visual range and atmospheric dis- coloration; and (7) the term ‘‘major stationary source’’ means the following types of stationary sources with the potential to emit 250 tons or more of any pollutant: fossil-fuel fired steam electric plants of more than 250 million Brit- ish thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary cop- per smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phos- phate rock processing plants, coke oven bat- teries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelt- ers, fuel conversion plants, sintering plants, secondary metal production facilities, chem- ical process plants, fossil-fuel boilers of more than 250 million British thermal units per hour heat input, petroleum storage and trans- fer facilities with a capacity exceeding 300,000 barrels, taconite ore processing facilities, glass fiber processing plants, charcoal produc- tion facilities. (July 14, 1955, ch. 360, title I, § 169A, as added Pub. L. 95–95, title I, § 128, Aug. 7, 1977, 91 Stat. 742.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subpart effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7492. Visibility (a) Studies (1) The Administrator, in conjunction with the National Park Service and other appropriate Federal agencies, shall conduct research to iden- tify and evaluate sources and source regions of both visibility impairment and regions that pro- vide predominantly clean air in class I areas. A total of $8,000,000 per year for 5 years is author- ized to be appropriated for the Environmental Protection Agency and the other Federal agen- cies to conduct this research. The research shall include— (A) expansion of current visibility related monitoring in class I areas; (B) assessment of current sources of visi- bility impairing pollution and clean air cor- ridors; Page 7272 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7492 1 So in original. Words ‘‘subsection (b) of this section’’ prob- ably should be ‘‘paragraph (2)’’. 2 So in original. Probably should not be capitalized. (C) adaptation of regional air quality models for the assessment of visibility; (D) studies of atmospheric chemistry and physics of visibility. (2) Based on the findings available from the re- search required in subsection (a)(1) as well as other available scientific and technical data, studies, and other available information per- taining to visibility source-receptor relation- ships, the Administrator shall conduct an as- sessment and evaluation that identifies, to the extent possible, sources and source regions of visibility impairment including natural sources as well as source regions of clear air for class I areas. The Administrator shall produce interim findings from this study within 3 years after No- vember 15, 1990. (b) Impacts of other provisions Within 24 months after November 15, 1990, the Administrator shall conduct an assessment of the progress and improvements in visibility in class I areas that are likely to result from the implementation of the provisions of the Clean Air Act Amendments of 1990 other than the pro- visions of this section. Every 5 years thereafter the Administrator shall conduct an assessment of actual progress and improvement in visibility in class I areas. The Administrator shall prepare a written report on each assessment and trans- mit copies of these reports to the appropriate committees of Congress. (c) Establishment of visibility transport regions and commissions (1) Authority to establish visibility transport regions Whenever, upon the Administrator’s motion or by petition from the Governors of at least two affected States, the Administrator has reason to believe that the current or projected interstate transport of air pollutants from one or more States contributes significantly to visibility impairment in class I areas located in the affected States, the Administrator may establish a transport region for such pollut- ants that includes such States. The Adminis- trator, upon the Administrator’s own motion or upon petition from the Governor of any af- fected State, or upon the recommendations of a transport commission established under sub- section (b) of this section 1 may— (A) add any State or portion of a State to a visibility transport region when the Ad- ministrator determines that the interstate transport of air pollutants from such State significantly contributes to visibility im- pairment in a class I area located within the transport region, or (B) remove any State or portion of a State from the region whenever the Administrator has reason to believe that the control of emissions in that State or portion of the State pursuant to this section will not sig- nificantly contribute to the protection or enhancement of visibility in any class I area in the region. (2) Visibility transport commissions Whenever the Administrator establishes a transport region under subsection (c)(1), the Administrator shall establish a transport com- mission comprised of (as a minimum) each of the following members: (A) the Governor of each State in the Visi- bility Transport Region, or the Governor’s designee; (B) The 2 Administrator or the Administra- tor’s designee; and (C) A 2 representative of each Federal agen- cy charged with the direct management of each class I area or areas within the Visi- bility Transport Region. (3) Ex officio members All representatives of the Federal Govern- ment shall be ex officio members. (4) Chapter 10 of title 5 The visibility transport commissions shall be exempt from the requirements of chapter 10 of title 5. (d) Duties of visibility transport commissions A Visibility Transport Commission— (1) shall assess the scientific and technical data, studies, and other currently available in- formation, including studies conducted pursu- ant to subsection (a)(1), pertaining to adverse impacts on visibility from potential or pro- jected growth in emissions from sources lo- cated in the Visibility Transport Region; and (2) shall, within 4 years of establishment, issue a report to the Administrator recom- mending what measures, if any, should be taken under this chapter to remedy such ad- verse impacts. The report required by this sub- section shall address at least the following measures: (A) the establishment of clean air cor- ridors, in which additional restrictions on increases in emissions may be appropriate to protect visibility in affected class I areas; (B) the imposition of the requirements of part D of this subchapter affecting the con- struction of new major stationary sources or major modifications to existing sources in such clean air corridors specifically includ- ing the alternative siting analysis provisions of section 7503(a)(5) of this title; and (C) the promulgation of regulations under section 7491 of this title to address long range strategies for addressing regional haze which impairs visibility in affected class I areas. (e) Duties of Administrator (1) The Administrator shall, taking into ac- count the studies pursuant to subsection (a)(1) and the reports pursuant to subsection (d)(2) and any other relevant information, within eighteen months of receipt of the report referred to in subsection (d)(2) of this section, carry out the Administrator’s regulatory responsibilities under section 7491 of this title, including cri- teria for measuring ‘‘reasonable progress’’ to- ward the national goal. (2) Any regulations promulgated under section 7491 of this title pursuant to this subsection Page 7273 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7502 shall require affected States to revise within 12 months their implementation plans under sec- tion 7410 of this title to contain such emission limits, schedules of compliance, and other meas- ures as may be necessary to carry out regula- tions promulgated pursuant to this subsection. (f) Grand Canyon visibility transport commission The Administrator pursuant to subsection (c)(1) shall, within 12 months, establish a visi- bility transport commission for the region af- fecting the visibility of the Grand Canyon Na- tional Park. (July 14, 1955, ch. 360, title I, § 169B, as added Pub. L. 101–549, title VIII, § 816, Nov. 15, 1990, 104 Stat. 2695; amended Pub. L. 117–286, § 4(a)(269), Dec. 27, 2022, 136 Stat. 4335.) Editorial Notes REFERENCES IN TEXT The Clean Air Act Amendments of 1990, referred to in subsec. (b), probably means Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 7401 of this title and Tables. AMENDMENTS 2022—Subsec. (c)(4). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act.’’ PART D—PLAN REQUIREMENTS FOR NONATTAINMENT AREAS SUBPART 1—NONATTAINMENT AREAS IN GENERAL § 7501. Definitions For the purpose of this part— (1) REASONABLE FURTHER PROGRESS.—The term ‘‘reasonable further progress’’ means such annual incremental reductions in emis- sions of the relevant air pollutant as are re- quired by this part or may reasonably be re- quired by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date. (2) NONATTAINMENT AREA.—The term ‘‘non- attainment area’’ means, for any air pollut- ant, an area which is designated ‘‘nonattain- ment’’ with respect to that pollutant within the meaning of section 7407(d) of this title. (3) The term ‘‘lowest achievable emission rate’’ means for any source, that rate of emis- sions which reflects— (A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or (B) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount al- lowable under applicable new source standards of performance. (4) The terms ‘‘modifications’’ and ‘‘modi- fied’’ mean the same as the term ‘‘modifica- tion’’ as used in section 7411(a)(4) of this title. (July 14, 1955, ch. 360, title I, § 171, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 745; amended Pub. L. 101–549, title I, § 102(a)(2), Nov. 15, 1990, 104 Stat. 2412.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–549, § 102(a)(2)(A), struck out ‘‘and section 7410(a)(2)(I) of this title’’ after ‘‘purpose of this part’’. Pars. (1), (2). Pub. L. 101–549, § 102(a)(2)(B), (C), amend- ed pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows: ‘‘(1) The term ‘reasonable further progress’ means an- nual incremental reductions in emissions of the appli- cable air pollutant (including substantial reductions in the early years following approval or promulgation of plan provisions under this part and section 7410(a)(2)(I) of this title and regular reductions thereafter) which are sufficient in the judgment of the Administrator, to provide for attainment of the applicable national ambi- ent air quality standard by the date required in section 7502(a) of this title. ‘‘(2) The term ‘nonattainment area’ means, for any air pollutant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator to be reli- able) to exceed any national ambient air quality stand- ard for such pollutant. Such term includes any area identified under subparagraphs (A) through (C) of sec- tion 7407(d)(1) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Part effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7502. Nonattainment plan provisions in general (a) Classifications and attainment dates (1) Classifications (A) On or after the date the Administrator promulgates the designation of an area as a nonattainment area pursuant to section 7407(d) of this title with respect to any na- tional ambient air quality standard (or any re- vised standard, including a revision of any standard in effect on November 15, 1990), the Administrator may classify the area for the purpose of applying an attainment date pursu- ant to paragraph (2), and for other purposes. In determining the appropriate classification, if any, for a nonattainment area, the Adminis- trator may consider such factors as the sever- ity of nonattainment in such area and the availability and feasibility of the pollution control measures that the Administrator be- lieves may be necessary to provide for attain- ment of such standard in such area. (B) The Administrator shall publish a notice in the Federal Register announcing each clas- sification under subparagraph (A), except the Administrator shall provide an opportunity for at least 30 days for written comment. Such classification shall not be subject to the provi- sions of sections 553 through 557 of title 5 (con- cerning notice and comment) and shall not be