42 U.S.C. § 7409 — National primary and secondary ambient

Page 7185 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7409 Editorial Notes CODIFICATION November 15, 1990, referred to in subsec. (e), was in the original ‘‘enactment of the Clean Air Act Amend- ments of 1989’’, and was translated as meaning the date of the enactment of Pub. L. 101–549, popularly known as the Clean Air Act Amendments of 1990, to reflect the probable intent of Congress. Section was formerly classified to section 1857c–3 of this title. PRIOR PROVISIONS A prior section 108 of act July 14, 1955, was renum- bered section 115 by Pub. L. 91–604 and is classified to section 7415 of this title. AMENDMENTS 1998—Subsec. (f)(3), (4). Pub. L. 105–362 struck out par. (3), which required reports by the Secretary of Trans- portation and the Administrator to be submitted to Congress by Jan. 1, 1993, and every 3 years thereafter, reviewing and analyzing existing State and local air quality related transportation programs, evaluating achievement of goals, and recommending changes to existing programs, and par. (4), which required that in each report after the first report the Secretary of Transportation include a description of the actions taken to implement the changes recommended in the preceding report. 1990—Subsec. (e). Pub. L. 101–549, § 108(a), inserted first sentence and struck out former first sentence which read as follows: ‘‘The Administrator shall, after consultation with the Secretary of Transportation and the Secretary of Housing and Urban Development and State and local officials and within 180 days after Au- gust 7, 1977, and from time to time thereafter, publish guidelines on the basic program elements for the plan- ning process assisted under section 7505 of this title.’’ Subsec. (f)(1). Pub. L. 101–549, § 108(b), in introductory provisions, substituted present provisions for provi- sions relating to Federal agencies, States, and air pol- lution control agencies within either 6 months or one year after Aug. 7, 1977. Subsec. (f)(1)(A). Pub. L. 101–549, § 108(b), substituted present provisions for provisions relating to informa- tion prepared in cooperation with Secretary of Trans- portation, regarding processes, procedures, and meth- ods to reduce certain pollutants. Subsec. (f)(3), (4). Pub. L. 101–549, § 111, added pars. (3) and (4). Subsec. (g). Pub. L. 101–549, § 108(o), added subsec. (g). Subsec. (h). Pub. L. 101–549, § 108(c), added subsec. (h). 1977—Subsec. (a)(1)(A). Pub. L. 95–95, § 401(a), sub- stituted ‘‘emissions of which, in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare’’ for ‘‘which in his judgment has an adverse effect on public health or welfare’’. Subsec. (b)(1). Pub. L. 95–95, § 104(a), substituted ‘‘cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact of the emission control technology’’ for ‘‘technology and costs of emission control’’. Subsec. (c). Pub. L. 95–95, § 104(b), inserted provision directing the Administrator, not later than six months after Aug. 7, 1977, to revise and reissue criteria relating to concentrations of NO2 over such period (not more than three hours) as he deems appropriate, with the criteria to include a discussion of nitric and nitrous acids, nitrites, nitrates, nitrosamines, and other car- cinogenic and potentially carcinogenic derivatives of oxides of nitrogen. Subsecs. (e), (f). Pub. L. 95–95, § 105, added subsecs. (e) and (f). 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. § 7409. National primary and secondary ambient air quality standards (a) Promulgation (1) The Administrator— (A) within 30 days after December 31, 1970, shall publish proposed regulations prescribing a national primary ambient air quality stand- ard and a national secondary ambient air quality standard for each air pollutant for which air quality criteria have been issued prior to such date; and (B) after a reasonable time for interested persons to submit written comments thereon (but no later than 90 days after the initial pub- lication of such proposed standards) shall by regulation promulgate such proposed national primary and secondary ambient air quality standards with such modifications as he deems appropriate. (2) With respect to any air pollutant for which air quality criteria are issued after December 31, 1970, the Administrator shall publish, simulta- neously with the issuance of such criteria and information, proposed national primary and sec- ondary ambient air quality standards for any such pollutant. The procedure provided for in paragraph (1)(B) of this subsection shall apply to the promulgation of such standards. (b) Protection of public health and welfare (1) National primary ambient air quality standards, prescribed under subsection (a) shall be ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are req- uisite to protect the public health. Such pri- mary standards may be revised in the same manner as promulgated. (2) Any national secondary ambient air qual- ity standard prescribed under subsection (a) shall specify a level of air quality the attain- ment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air. Such secondary standards may be revised in the same manner as promulgated. (c) National primary ambient air quality stand- ard for nitrogen dioxide The Administrator shall, not later than one year after August 7, 1977, promulgate a national Page 7186 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7409 primary ambient air quality standard for NO2 concentrations over a period of not more than 3 hours unless, based on the criteria issued under section 7408(c) of this title, he finds that there is no significant evidence that such a standard for such a period is requisite to protect public health. (d) Review and revision of criteria and stand- ards; independent scientific review com- mittee; appointment; advisory functions (1) Not later than December 31, 1980, and at five-year intervals thereafter, the Administrator shall complete a thorough review of the criteria published under section 7408 of this title and the national ambient air quality standards promul- gated under this section and shall make such re- visions in such criteria and standards and pro- mulgate such new standards as may be appro- priate in accordance with section 7408 of this title and subsection (b) of this section. The Ad- ministrator may review and revise criteria or promulgate new standards earlier or more fre- quently than required under this paragraph. (2)(A) The Administrator shall appoint an independent scientific review committee com- posed of seven members including at least one member of the National Academy of Sciences, one physician, and one person representing State air pollution control agencies. (B) Not later than January 1, 1980, and at five- year intervals thereafter, the committee re- ferred to in subparagraph (A) shall complete a review of the criteria published under section 7408 of this title and the national primary and secondary ambient air quality standards pro- mulgated under this section and shall rec- ommend to the Administrator any new national ambient air quality standards and revisions of existing criteria and standards as may be appro- priate under section 7408 of this title and sub- section (b) of this section. (C) Such committee shall also (i) advise the Administrator of areas in which additional knowledge is required to appraise the adequacy and basis of existing, new, or revised national ambient air quality standards, (ii) describe the research efforts necessary to provide the re- quired information, (iii) advise the Adminis- trator on the relative contribution to air pollu- tion concentrations of natural as well as anthro- pogenic activity, and (iv) advise the Adminis- trator of any adverse public health, welfare, so- cial, economic, or energy effects which may re- sult from various strategies for attainment and maintenance of such national ambient air qual- ity standards. (July 14, 1955, ch. 360, title I, § 109, as added Pub. L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1679; amended Pub. L. 95–95, title I, § 106, Aug. 7, 1977, 91 Stat. 691.) Editorial Notes CODIFICATION Section was formerly classified to section 1857c–4 of this title. PRIOR PROVISIONS A prior section 109 of act July 14, 1955, was renum- bered section 116 by Pub. L. 91–604 and is classified to section 7416 of this title. AMENDMENTS 1977—Subsec. (c). Pub. L. 95–95, § 106(b), added subsec. (c). Subsec. (d). Pub. L. 95–95, § 106(a), added subsec. (d). 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. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, 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 for by law. See section 1013 of Title 5, Government Organization and Employees. ROLE OF SECONDARY STANDARDS Pub. L. 101–549, title VIII, § 817, Nov. 15, 1990, 104 Stat. 2697, provided that: ‘‘(a) REPORT.—The Administrator shall request the National Academy of Sciences to prepare a report to the Congress on the role of national secondary ambient air quality standards in protecting welfare and the en- vironment. The report shall: ‘‘(1) include information on the effects on welfare and the environment which are caused by ambient concentrations of pollutants listed pursuant to sec- tion 108 [42 U.S.C. 7408] and other pollutants which may be listed; ‘‘(2) estimate welfare and environmental costs in- curred as a result of such effects; ‘‘(3) examine the role of secondary standards and the State implementation planning process in pre- venting such effects; ‘‘(4) determine ambient concentrations of each such pollutant which would be adequate to protect welfare and the environment from such effects; ‘‘(5) estimate the costs and other impacts of meet- ing secondary standards; and ‘‘(6) consider other means consistent with the goals and objectives of the Clean Air Act [42 U.S.C. 7401 et seq.] which may be more effective than secondary standards in preventing or mitigating such effects. ‘‘(b) SUBMISSION TO CONGRESS; COMMENTS; AUTHORIZA- TION.—(1) The report shall be transmitted to the Con- gress not later than 3 years after the date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990]. ‘‘(2) At least 90 days before issuing a report the Ad- ministrator shall provide an opportunity for public comment on the proposed report. The Administrator shall include in the final report a summary of the com- ments received on the proposed report. ‘‘(3) There are authorized to be appropriated such sums as are necessary to carry out this section.’’ Page 7187 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7410 § 7410. State implementation plans for national primary and secondary ambient air quality standards (a) Adoption of plan by State; submission to Ad- ministrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems (1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Ad- ministrator, within 3 years (or such shorter pe- riod as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under section 7409 of this title for any air pollut- ant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Admin- istrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Ad- ministrator may prescribe) after the promulga- tion of a national ambient air quality secondary standard (or revision thereof), a plan which pro- vides for implementation, maintenance, and en- forcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph. (2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hear- ing. Each such plan shall— (A) include enforceable emission limitations and other control measures, means, or tech- niques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be nec- essary or appropriate to meet the applicable requirements of this chapter; (B) provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to— (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator; (C) include a program to provide for the en- forcement of the measures described in sub- paragraph (A), and regulation of the modifica- tion and construction of any stationary source within the areas covered by the plan as nec- essary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; (D) contain adequate provisions— (i) prohibiting, consistent with the provi- sions of this subchapter, any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will— (I) contribute significantly to nonattain- ment in, or interfere with maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementa- tion plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) insuring compliance with the applica- ble requirements of sections 7426 and 7415 of this title (relating to interstate and inter- national pollution abatement); (E) provide (i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the State or general pur- pose local governments for such purpose) will have adequate personnel, funding, and author- ity under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of Federal or State law from carrying out such implementa- tion plan or portion thereof), (ii) requirements that the State comply with the requirements respecting State boards under section 7428 of this title, and (iii) necessary assurances that, where the State has relied on a local or re- gional government, agency, or instrumen- tality for the implementation of any plan pro- vision, the State has responsibility for ensur- ing adequate implementation of such plan pro- vision; (F) require, as may be prescribed by the Ad- ministrator— (i) the installation, maintenance, and re- placement of equipment, and the implemen- tation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and (iii) correlation of such reports by the State agency with any emission limitations or standards established pursuant to this chapter, which reports shall be available at reasonable times for public inspection; (G) provide for authority comparable to that in section 7603 of this title and adequate con- tingency plans to implement such authority; (H) provide for revision of such plan— (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Admin- istrator that the plan is substantially inad- equate to attain the national ambient air quality standard which it implements or to otherwise comply with any additional re- quirements established under this chapter; (I) in the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas); (J) meet the applicable requirements of sec- tion 7421 of this title (relating to consulta-