42 U.S.C. § 7628 — Demonstration grant program for local

Page 7411 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7628 AMENDMENTS 2011—Subsec. (a)(1). Pub. L. 112–74, § 432(b), inserted ‘‘(other than Outer Continental Shelf sources located offshore of the North Slope Borough of the State of Alaska)’’ after ‘‘Outer Continental Shelf sources lo- cated offshore of the States along the Pacific, Arctic and Atlantic Coasts’’ and ‘‘and this chapter’’ after ‘‘regulations’’. Subsec. (b). Pub. L. 112–74, § 432(c), struck out ‘‘Gulf Coast’’ after ‘‘United States’’ and inserted ‘‘or are adja- cent to the North Slope Borough of the State of Alas- ka’’ after ‘‘Alabama’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 112–74, div. E, title IV, § 432(a), Dec. 23, 2011, 125 Stat. 1048, provided that: ‘‘It is the purpose of this section [amending this section and enacting provisions set out as a note under this section] to ensure that the energy policy of the United States focuses on the expe- ditious and orderly development of domestic energy re- sources in a manner that protects human health and the environment.’’ EFFECT OF TRANSFER OF AIR QUALITY PERMITTING AUTHORITY Pub. L. 112–74, div. E, title IV, § 432(d), Dec. 23, 2011, 125 Stat. 1049, provided that: ‘‘The transfer of air qual- ity permitting authority pursuant to this section [amending this section and enacting provisions set out as a note under this section] shall not invalidate or stay— ‘‘(1) any air quality permit pending or existing as of the date of the enactment of this Act [Dec. 23, 2011]; or ‘‘(2) any proceeding related thereto.’’ § 7628. Demonstration grant program for local governments (a) Grant program (1) In general The Administrator shall establish a dem- onstration program under which the Adminis- trator shall provide competitive grants to as- sist local governments (such as municipalities and counties), with respect to local govern- ment buildings— (A) to deploy cost-effective technologies and practices; and (B) to achieve operational cost savings, through the application of cost-effective technologies and practices, as verified by the Administrator. (2) Cost sharing (A) In general The Federal share of the cost of an activ- ity carried out using a grant provided under this section shall be 40 percent. (B) Waiver of non-Federal share The Administrator may waive up to 100 percent of the local share of the cost of any grant under this section should the Adminis- trator determine that the community is eco- nomically distressed, pursuant to objective economic criteria established by the Admin- istrator in published guidelines. (3) Maximum amount The amount of a grant provided under this subsection shall not exceed $1,000,000. (b) Guidelines (1) In general Not later than 1 year after December 19, 2007, the Administrator shall issue guidelines to implement the grant program established under subsection (a). (2) Requirements The guidelines under paragraph (1) shall es- tablish— (A) standards for monitoring and verification of operational cost savings through the application of cost-effective technologies and practices reported by grantees under this section; (B) standards for grantees to implement training programs, and to provide technical assistance and education, relating to the retrofit of buildings using cost-effective technologies and practices; and (C) a requirement that each local govern- ment that receives a grant under this sec- tion shall achieve facility-wide cost savings, through renovation of existing local govern- ment buildings using cost-effective tech- nologies and practices, of at least 40 percent as compared to the baseline operational costs of the buildings before the renovation (as calculated assuming a 3-year, weather- normalized average). (c) Compliance with State and local law Nothing in this section or any program carried out using a grant provided under this section su- persedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the relevant requirement of this section. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fis- cal years 2007 through 2012. (e) Reports (1) In general The Administrator shall provide annual re- ports to Congress on cost savings achieved and actions taken and recommendations made under this section, and any recommendations for further action. (2) Final report The Administrator shall issue a final report at the conclusion of the program, including findings, a summary of total cost savings achieved, and recommendations for further ac- tion. (f) Termination The program under this section shall termi- nate on September 30, 2012. 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-