42 U.S.C. § 7405 — Grants for support of air pollution plan-

Page 7175 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7405 mental Protection Agency, in conjunction with the Na- tional Aeronautics and Space Administration and the Department of Energy, would conduct a study, per- formed in the university or universities which are best exhibiting the facilities and expertise to develop such a fuel cell vehicle and test program on the development of a hydrogen fuel cell electric vehicle, to determine how best to transfer existing NASA hydrogen fuel cell technology into the form of a mass-producible, cost ef- fective hydrogen fuel cell vehicle and include at a min- imum a feasibility-design study, the construction of a prototype, and a demonstration, and provided that the study and test program were to be completed and a re- port submitted to Congress within 3 years after Nov. 15, 1990. COMBUSTION OF CONTAMINATED USED OIL IN SHIPS Pub. L. 101–549, title VIII, § 813, Nov. 15, 1990, 104 Stat. 2693, directed that within 2 years after Nov. 15, 1990, the Administrator of the Environmental Protection Agen- cy was to complete a study and submit a report to Con- gress evaluating the health and environmental impacts of the combustion of contaminated used oil in ships, the reasons for using such oil, the alternatives, and the costs of such alternatives, and other relevant factors and impacts. EXTENSION TO AUG. 31, 1970 OF AUTHORIZATION PERIOD FOR FISCAL YEAR 1970 Pub. L. 91–316, July 10, 1970, 84 Stat. 416, provided in part that the authorization contained in section 104(c) of the Clean Air Act [subsec. (c) of this section] for the fiscal year ending June 30, 1970, should remain avail- able through Aug. 31, 1970, notwithstanding any provi- sions of this section. § 7405. Grants for support of air pollution plan- ning and control programs (a) Amounts; limitations; assurances of plan de- velopment capability (1)(A) The Administrator may make grants to air pollution control agencies, within the mean- ing of paragraph (1), (2), (3), (4), or (5) of section 7602 of this title, in an amount up to three-fifths of the cost of implementing programs for the prevention and control of air pollution or imple- mentation of national primary and secondary ambient air quality standards. For the purpose of this section, ‘‘implementing’’ means any ac- tivity related to the planning, developing, estab- lishing, carrying-out, improving, or maintaining of such programs. (B) Subject to subsections (b) and (c) of this section, an air pollution control agency which receives a grant under subparagraph (A) and which contributes less than the required two- fifths minimum shall have 3 years following No- vember 15, 1990, in which to contribute such amount. If such an agency fails to meet and maintain this required level, the Administrator shall reduce the amount of the Federal contribu- tion accordingly. (C) With respect to any air quality control re- gion or portion thereof for which there is an ap- plicable implementation plan under section 7410 of this title, grants under subparagraph (A) may be made only to air pollution control agencies which have substantial responsibilities for car- rying out such applicable implementation plan. (2) Before approving any grant under this sub- section to any air pollution control agency within the meaning of sections 7602(b)(2) and 7602(b)(4) of this title, the Administrator shall receive assurances that such agency provides for adequate representation of appropriate State, interstate, local, and (when appropriate) inter- national, interests in the air quality control re- gion. (3) Before approving any planning grant under this subsection to any air pollution control agency within the meaning of sections 7602(b)(2) and 7602(b)(4) of this title, the Administrator shall receive assurances that such agency has the capability of developing a comprehensive air quality plan for the air quality control region, which plan shall include (when appropriate) a recommended system of alerts to avert and re- duce the risk of situations in which there may be imminent and serious danger to the public health or welfare from air pollutants and the various aspects relevant to the establishment of air quality standards for such air quality con- trol region, including the concentration of in- dustries, other commercial establishments, pop- ulation and naturally occurring factors which shall affect such standards. (b) Terms and conditions; regulations; factors for consideration; State expenditure limitations (1) From the sums available for the purposes of subsection (a) of this section for any fiscal year, the Administrator shall from time to time make grants to air pollution control agencies upon such terms and conditions as the Adminis- trator may find necessary to carry out the pur- pose of this section. In establishing regulations for the granting of such funds the Administrator shall, so far as practicable, give due consider- ation to (A) the population, (B) the extent of the actual or potential air pollution problem, and (C) the financial need of the respective agencies. (2) Not more than 10 per centum of the total of funds appropriated or allocated for the purposes of subsection (a) of this section shall be granted for air pollution control programs in any one State. In the case of a grant for a program in an area crossing State boundaries, the Adminis- trator shall determine the portion of such grant that is chargeable to the percentage limitation under this subsection for each State into which such area extends. Subject to the provisions of paragraph (1) of this subsection, no State shall have made available to it for application less than one-half of 1 per centum of the annual ap- propriation for grants under this section for grants to agencies within such State. (c) Maintenance of effort (1) No agency shall receive any grant under this section during any fiscal year when its ex- penditures of non-Federal funds for recurrent expenditures for air pollution control programs will be less than its expenditures were for such programs during the preceding fiscal year. In order for the Administrator to award grants under this section in a timely manner each fis- cal year, the Administrator shall compare an agency’s prospective expenditure level to that of its second preceding fiscal year. The Adminis- trator shall revise the current regulations which define applicable nonrecurrent and recurrent ex- penditures, and in so doing, give due consider- ation to exempting an agency from the limita- tions of this paragraph and subsection (a) due to periodic increases experienced by that agency from time to time in its annual expenditures for Page 7176 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7405 1 So in original. Probably should be paragraph ‘‘(1)’’. purposes acceptable to the Administrator for that fiscal year. (2) The Administrator may still award a grant to an agency not meeting the requirements of paragraph (l) 1 of this subsection if the Adminis- trator, after notice and opportunity for public hearing, determines that a reduction in expendi- tures is attributable to a non-selective reduc- tion in the expenditures in the programs of all Executive branch agencies of the applicable unit of Government. No agency shall receive any grant under this section with respect to the maintenance of a program for the prevention and control of air pollution unless the Adminis- trator is satisfied that such a grant will be so used to supplement and, to the extent prac- ticable, increase the level of State, local, or other non-Federal funds. No grants shall be made under this section until the Administrator has consulted with the appropriate official as designated by the Governor or Governors of the State or States affected. (d) Reduction of payments; availability of re- duced amounts; reduced amount as deemed paid to agency for purpose of determining amount of grant The Administrator, with the concurrence of any recipient of a grant under this section, may reduce the payments to such recipient by the amount of the pay, allowances, traveling ex- penses, and any other costs in connection with the detail of any officer or employee to the re- cipient under section 7601 of this title, when such detail is for the convenience of, and at the request of, such recipient and for the purpose of carrying out the provisions of this chapter. The amount by which such payments have been re- duced shall be available for payment of such costs by the Administrator, but shall, for the purpose of determining the amount of any grant to a recipient under subsection (a) of this sec- tion, be deemed to have been paid to such agen- cy. (e) Notice and opportunity for hearing when af- fected by adverse action No application by a State for a grant under this section may be disapproved by the Adminis- trator without prior notice and opportunity for a public hearing in the affected State, and no commitment or obligation of any funds under any such grant may be revoked or reduced with- out prior notice and opportunity for a public hearing in the affected State (or in one of the af- fected States if more than one State is affected). (July 14, 1955, ch. 360, title I, § 105, formerly § 4, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 395; renumbered § 104 and amended Pub. L. 89–272, title I, § 101(2)–(4), Oct. 20, 1965, 79 Stat. 992; Pub. L. 89–675, § 3, Oct. 15, 1966, 80 Stat. 954; renumbered § 105 and amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 489; Pub. L. 91–604, §§ 3(a), (b)(1), 15(c)(2), Dec. 31, 1970, 84 Stat. 1677, 1713; Pub. L. 95–95, title I, § 102, title III, § 305(b), Aug. 7, 1977, 91 Stat. 687, 776; Pub. L. 101–549, title VIII, § 802(a)–(e), Nov. 15, 1990, 104 Stat. 2687, 2688.) Editorial Notes CODIFICATION Section was formerly classified to section 1857c of this title. PRIOR PROVISIONS A prior section 105 of act July 14, 1955, was renum- bered section 108 by Pub. L. 90–148 and is classified to section 7415 of this title. Provisions similar to those in subsecs. (a) and (b) of this section were contained in a prior section 1857d of this title, act July 14, 1955, ch. 360, § 5, 69 Stat. 322, as amended Sept. 22, 1959, Pub. L. 86–365, § 1, 73 Stat. 646; Oct. 9, 1962, Pub. L. 87–761, § 1, 76 Stat. 760, prior to the general amendment by Pub. L. 88–206. AMENDMENTS 1990—Subsec. (a)(1)(A), (B). Pub. L. 101–549, § 802(a), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows: ‘‘(A) The Administrator may make grants to air pol- lution control agencies in an amount up to two-thirds of the cost of planning, developing, establishing, or im- proving, and up to one-half of the cost of maintaining, programs for the prevention and control of air pollu- tion or implementation of national primary and secondry [sic] ambient air quality standards. ‘‘(B) Subject to subparagraph (C), the Administrator may make grants to air pollution control agencies within the meaning of paragraph (1), (2), or (4) of sec- tion 7602(b) of this title in an amount up to three- fourths of the cost of planning, developing, estab- lishing, or improving, and up to three-fifths of the cost of maintaining, any program for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards in an area that includes two or more municipalities, whether in the same or different States.’’ Subsec. (a)(1)(C). Pub. L. 101–549, § 802(b), substituted ‘‘subparagraph (A)’’ for ‘‘subparagraph (B)’’. Subsec. (b)(1). Pub. L. 101–549, § 802(c), designated ex- isting provisions of subsec. (b) as par. (1), redesignated former cls. (1) to (3) as cls. (A) to (C), respectively, and struck out at end ‘‘No agency shall receive any grant under this section during any fiscal year when its ex- penditures of non-Federal funds for other than non- recurrent expenditures for air pollution control pro- grams will be less than its expenditures were for such programs during the preceding fiscal year, unless the Administrator, after notice and opportunity for public hearing, determines that a reduction in expenditures is attributable to a nonselective reduction in expendi- tures in the programs of all executive branch agencies of the applicable unit of Government; and no agency shall receive any grant under this section with respect to the maintenance of a program for the prevention and control of air pollution unless the Administrator is sat- isfied that such grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds that would in the absence of such grant be made available for the maintenance of such program, and will in no event sup- plant such State, local, or other non-Federal funds. No grant shall be made under this section until the Admin- istrator has consulted with the appropriate official as designated by the Governor or Governors of the State or States affected.’’ Subsec. (b)(2). Pub. L. 101–549, § 802(d), redesignated subsec. (c) as subsec. (b)(2) and substituted ‘‘Subject to the provisions of paragraph (1) of this subsection, no State shall have made available to it for application less than one-half of 1 per centum of the annual appro- priation for grants under this section for grants to agencies within such State.’’ for ‘‘In fiscal year 1978 and subsequent fiscal years, subject to the provisions of subsection (b) of this section, no State shall receive less than one-half of 1 per centum of the annual appro- priation for grants under this section for grants to agencies within such State.’’ Page 7177 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7406 Subsec. (c). Pub. L. 101–549, § 802(e), added subsec. (c). Former subsec. (c) redesignated (b)(2). 1977—Subsec. (b). Pub. L. 95–95, § 102(a), inserted ‘‘, unless the Administrator, after notice and oppor- tunity for hearing, determines that a reduction in ex- penditures is attributable to a nonselective reduction in expenditures in the programs of all executive branch agencies of the applicable unit of Government’’ after ‘‘will be less than its expenditures were for such pro- grams during the preceding fiscal year’’. Subsec. (c). Pub. L. 95–95, § 102(b), provided that in fis- cal year 1978 and subsequent fiscal years, subject to provisions of subsec. (b) of this section, no State shall receive less than one-half of 1 per centum of the annual appropriation for grants under this section for grants to agencies within such State. Subsec. (e). Pub. L. 95–95, § 305(b), added subsec. (e). 1970—Subsec. (a)(1). Pub. L. 91–604, § 3(a), substituted provisions authorizing the Administrator to make grants, for provisions authorizing the Secretary to make grants, and provisions authorizing grants for pro- grams implementing national primary and secondary ambient air quality standards, for provisions author- izing grants for programs implementing air quality standards authorized by this subchapter, and inserted the provision requiring grants to air pollution control agencies be made to agencies having substantial re- sponsibilities for carrying out the applicable implemen- tation plan with respect to the air quality control re- gion or portion thereof. Subsecs. (a)(2), (3), (b), (c). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing. Subsec. (d). Pub. L. 91–604, § 3(b)(1), added subsec. (d). 1967—Subsec. (a). Pub. L. 90–148 designated existing provisions as par. (1), substituted ‘‘regional air quality control program’’ for ‘‘regional air pollution control program,’’ added planning to list of authorized activi- ties, and added programs for implementation of air quality standards authorized by this chapter to list of authorized programs, and added pars. (2) and (3). Subsec. (b). Pub. L. 90–148 made minor changes in the order of provisions. Subsec. (c). Pub. L. 90–148 reduced percentage limita- tion on portion of total funds which might be granted for air pollution control programs in any one State from 121⁄2 per centum to 10 per centum. 1966—Subsec. (a). Pub. L. 89–675, § 3(a)(1), struck out provisions limiting available funds to 20 per centum of sums appropriated annually for purpose of this sub- chapter, inserted provisions allowing grants to air pol- lution control agencies up to one-half of cost of main- taining programs for prevention and control of air pol- lution, and authorized Secretary to make grants of up to three-fifths of cost of maintaining regional air pollu- tion control programs. Subsec. (b). Pub. L. 89–675, § 3(a)(2), substituted ‘‘for the purpose of’’ for ‘‘under’’, permitted grantees to re- duce annual expenditures to the extent that nonrecur- rent costs are involved for purposes of application of the provision that no agency may receive grants during any fiscal year when its expenditures of non-Federal funds for air pollution control programs are less than its expenditures for such programs during the pre- ceding year, and inserted provisions insuring that Fed- eral funds will in no event be used to supplant State or local government funds in maintaining air pollution control programs. Subsec. (c). Pub. L. 89–675, § 3(b), substituted ‘‘total of funds appropriated or allocated for the purposes of sub- section (a) of this section shall be granted for air pollu- tion control programs’’ for ‘‘grant funds available under subsection (a) of this section shall be expended’’ and authorized the Secretary to determine the portion of grants to interstate agencies to be charged against the twelve and one-half percent limitation of grant funds to any one State. 1965—Subsec. (a). Pub. L. 89–272 substituted ‘‘this title’’ for ‘‘this Act’’, which for purposes of codification has been changed to ‘‘this subchapter’’, and ‘‘section 302(b)(2) and (4)’’ for ‘‘section 9(b)(2) and (4)’’, which for purposes of codification has been changed to ‘‘section 7602(b)(2) and (4) of this title’’. 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. § 7406. Interstate air quality agencies; program cost limitations For the purpose of developing implementation plans for any interstate air quality control re- gion designated pursuant to section 7407 of this title or of implementing section 7506a of this title (relating to control of interstate air pollu- tion) or section 7511c of this title (relating to control of interstate ozone pollution), the Ad- ministrator is authorized to pay, for two years, up to 100 per centum of the air quality planning program costs of any commission established under section 7506a of this title (relating to con- trol of interstate air pollution) or section 7511c of this title (relating to control of interstate ozone pollution) or any agency designated by the Governors of the affected States, which agency shall be capable of recommending to the Governors plans for implementation of national primary and secondary ambient air quality standards and shall include representation from the States and appropriate political subdivisions within the air quality control region. After the initial two-year period the Administrator is au- thorized to make grants to such agency or such commission in an amount up to three-fifths of the air quality implementation program costs of such agency or commission. (July 14, 1955, ch. 360, title I, § 106, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 490; amended Pub. L. 91–604, § 3(c), Dec. 31, 1970, 84 Stat. 1677; Pub. L. 101–549, title I, § 102(f)(2), title VIII, § 802(f), Nov. 15, 1990, 104 Stat. 2420, 2688.) Editorial Notes CODIFICATION Section was formerly classified to section 1857c–1 of this title. PRIOR PROVISIONS A prior section 106 of act July 14, 1955, was renum- bered section 117 by Pub. L. 91–604 and is classified to section 7417 of this title. AMENDMENTS 1990—Pub. L. 101–549, § 102(f)(2)(A), inserted ‘‘or of im- plementing section 7506a of this title (relating to con-