42 U.S.C. § 7408 — Air quality criteria and control tech-

Page 7183 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7408 1 See Codification note below. 95–95, set out as an Effective Date of 1977 Amendment 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 L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub.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. § 7408. Air quality criteria and control tech- niques (a) Air pollutant list; publication and revision by Administrator; issuance of air quality cri- teria for air pollutants (1) For the purpose of establishing national primary and secondary ambient air quality standards, the Administrator shall within 30 days after December 31, 1970, publish, and shall from time to time thereafter revise, a list which includes each air pollutant— (A) emissions of which, in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare; (B) the presence of which in the ambient air results from numerous or diverse mobile or stationary sources; and (C) for which air quality criteria had not been issued before December 31, 1970 but for which he plans to issue air quality criteria under this section. (2) The Administrator shall issue air quality criteria for an air pollutant within 12 months after he has included such pollutant in a list under paragraph (1). Air quality criteria for an air pollutant shall accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambi- ent air, in varying quantities. The criteria for an air pollutant, to the extent practicable, shall include information on— (A) those variable factors (including atmos- pheric conditions) which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant; (B) the types of air pollutants which, when present in the atmosphere, may interact with such pollutant to produce an adverse effect on public health or welfare; and (C) any known or anticipated adverse effects on welfare. (b) Issuance by Administrator of information on air pollution control techniques; standing consulting committees for air pollutants; es- tablishment; membership (1) Simultaneously with the issuance of cri- teria under subsection (a), the Administrator shall, after consultation with appropriate advi- sory committees and Federal departments and agencies, issue to the States and appropriate air pollution control agencies information on air pollution control techniques, which information shall include data relating to the cost of instal- lation and operation, energy requirements, emission reduction benefits, and environmental impact of the emission control technology. Such information shall include such data as are avail- able on available technology and alternative methods of prevention and control of air pollu- tion. Such information shall also include data on alternative fuels, processes, and operating methods which will result in elimination or sig- nificant reduction of emissions. (2) In order to assist in the development of in- formation on pollution control techniques, the Administrator may establish a standing con- sulting committee for each air pollutant in- cluded in a list published pursuant to subsection (a)(1), which shall be comprised of technically qualified individuals representative of State and local governments, industry, and the academic community. Each such committee shall submit, as appropriate, to the Administrator informa- tion related to that required by paragraph (1). (c) Review, modification, and reissuance of cri- teria or information The Administrator shall from time to time re- view, and, as appropriate, modify, and reissue any criteria or information on control tech- niques issued pursuant to this section. Not later than six months after August 7, 1977, the Admin- istrator shall revise and reissue criteria relating to concentrations of NO2 over such period (not more than three hours) as he deems appropriate. Such criteria shall include a discussion of nitric and nitrous acids, nitrites, nitrates, nitrosamines, and other carcinogenic and poten- tially carcinogenic derivatives of oxides of ni- trogen. (d) Publication in Federal Register; availability of copies for general public The issuance of air quality criteria and infor- mation on air pollution control techniques shall be announced in the Federal Register and copies shall be made available to the general public. (e) Transportation planning and guidelines The Administrator shall, after consultation with the Secretary of Transportation, and after providing public notice and opportunity for comment, and with State and local officials, within nine months after November 15, 1990,1 and periodically thereafter as necessary to maintain a continuous transportation-air quality plan- ning process, update the June 1978 Transpor- tation-Air Quality Planning Guidelines and pub- lish guidance on the development and imple- mentation of transportation and other measures necessary to demonstrate and maintain attain- ment of national ambient air quality standards. Such guidelines shall include information on— (1) methods to identify and evaluate alter- native planning and control activities; (2) methods of reviewing plans on a regular basis as conditions change or new information is presented; Page 7184 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7408 2 So in original. The period probably should be a semicolon. (3) identification of funds and other re- sources necessary to implement the plan, in- cluding interagency agreements on providing such funds and resources; (4) methods to assure participation by the public in all phases of the planning process; and (5) such other methods as the Administrator determines necessary to carry out a contin- uous planning process. (f) Information regarding processes, procedures, and methods to reduce or control pollutants in transportation; reduction of mobile source related pollutants; reduction of impact on public health (1) The Administrator shall publish and make available to appropriate Federal, State, and local environmental and transportation agencies not later than one year after November 15, 1990, and from time to time thereafter— (A) information prepared, as appropriate, in consultation with the Secretary of Transpor- tation, and after providing public notice and opportunity for comment, regarding the for- mulation and emission reduction potential of transportation control measures related to criteria pollutants and their precursors, in- cluding, but not limited to— (i) programs for improved public transit; (ii) restriction of certain roads or lanes to, or construction of such roads or lanes for use by, passenger buses or high occupancy vehi- cles; (iii) employer-based transportation man- agement plans, including incentives; (iv) trip-reduction ordinances; (v) traffic flow improvement programs that achieve emission reductions; (vi) fringe and transportation corridor parking facilities serving multiple occu- pancy vehicle programs or transit service; (vii) programs to limit or restrict vehicle use in downtown areas or other areas of emission concentration particularly during periods of peak use; (viii) programs for the provision of all forms of high-occupancy, shared-ride serv- ices; (ix) programs to limit portions of road sur- faces or certain sections of the metropolitan area to the use of non-motorized vehicles or pedestrian use, both as to time and place; (x) programs for secure bicycle storage fa- cilities and other facilities, including bicy- cle lanes, for the convenience and protection of bicyclists, in both public and private areas; (xi) programs to control extended idling of vehicles; (xii) programs to reduce motor vehicle emissions, consistent with subchapter II, which are caused by extreme cold start con- ditions; (xiii) employer-sponsored programs to per- mit flexible work schedules; (xiv) programs and ordinances to facilitate non-automobile travel, provision and utiliza- tion of mass transit, and to generally reduce the need for single-occupant vehicle travel, as part of transportation planning and devel- opment efforts of a locality, including pro- grams and ordinances applicable to new shopping centers, special events, and other centers of vehicle activity; (xv) programs for new construction and major reconstructions of paths, tracks or areas solely for the use by pedestrian or other non-motorized means of transpor- tation when economically feasible and in the public interest. For purposes of this clause, the Administrator shall also consult with the Secretary of the Interior; and (xvi) program to encourage the voluntary removal from use and the marketplace of pre-1980 model year light duty vehicles and pre-1980 model light duty trucks.2 (B) information on additional methods or strategies that will contribute to the reduc- tion of mobile source related pollutants during periods in which any primary ambient air quality standard will be exceeded and during episodes for which an air pollution alert, warning, or emergency has been declared; (C) information on other measures which may be employed to reduce the impact on pub- lic health or protect the health of sensitive or susceptible individuals or groups; and (D) information on the extent to which any process, procedure, or method to reduce or control such air pollutant may cause an in- crease in the emissions or formation of any other pollutant. (2) In publishing such information the Admin- istrator shall also include an assessment of— (A) the relative effectiveness of such proc- esses, procedures, and methods; (B) the potential effect of such processes, procedures, and methods on transportation systems and the provision of transportation services; and (C) the environmental, energy, and economic impact of such processes, procedures, and methods. (g) Assessment of risks to ecosystems The Administrator may assess the risks to ecosystems from exposure to criteria air pollut- ants (as identified by the Administrator in the Administrator’s sole discretion). (h) RACT/BACT/LAER clearinghouse The Administrator shall make information re- garding emission control technology available to the States and to the general public through a central database. Such information shall in- clude all control technology information re- ceived pursuant to State plan provisions requir- ing permits for sources, including operating per- mits for existing sources. (July 14, 1955, ch. 360, title I, § 108, as added Pub. L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1678; amended Pub. L. 95–95, title I, §§ 104, 105, title IV, § 401(a), Aug. 7, 1977, 91 Stat. 689, 790; Pub. L. 101–549, title I, §§ 108(a)–(c), (o), 111, Nov. 15, 1990, 104 Stat. 2465, 2466, 2469, 2470; Pub. L. 105–362, title XV, § 1501(b), Nov. 10, 1998, 112 Stat. 3294.) 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