42 U.S.C. § 7415 — International air pollution

Page 7237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7415 Subsec. (d). Pub. L. 95–95, § 113, added subsec. (d). 1974—Subsec. (a). Pub. L. 93–319 inserted reference to section 119. 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. PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully com- menced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 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 L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub.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. § 7415. International air pollution (a) Endangerment of public health or welfare in foreign countries from pollution emitted in United States Whenever the Administrator, upon receipt of reports, surveys or studies from any duly con- stituted international agency has reason to be- lieve that any air pollutant or pollutants emit- ted in the United States cause or contribute to air pollution which may reasonably be antici- pated to endanger public health or welfare in a foreign country or whenever the Secretary of State requests him to do so with respect to such pollution which the Secretary of State alleges is of such a nature, the Administrator shall give formal notification thereof to the Governor of the State in which such emissions originate. (b) Prevention or elimination of endangerment The notice of the Administrator shall be deemed to be a finding under section 7410(a)(2)(H)(ii) of this title which requires a plan revision with respect to so much of the ap- plicable implementation plan as is inadequate to prevent or eliminate the endangerment re- ferred to in subsection (a). Any foreign country so affected by such emission of pollutant or pol- lutants shall be invited to appear at any public hearing associated with any revision of the ap- propriate portion of the applicable implementa- tion plan. (c) Reciprocity This section shall apply only to a foreign country which the Administrator determines has given the United States essentially the same rights with respect to the prevention or control of air pollution occurring in that country as is given that country by this section. (d) Recommendations Recommendations issued following any abate- ment conference conducted prior to August 7, 1977, shall remain in effect with respect to any pollutant for which no national ambient air quality standard has been established under sec- tion 7409 of this title unless the Administrator, after consultation with all agencies which were party to the conference, rescinds any such rec- ommendation on grounds of obsolescence. (July 14, 1955, ch. 360, title I, § 115, formerly § 5, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 396; renumbered § 105 and amended Pub. L. 89–272, title I, §§ 101(2), (3), 102, Oct. 20, 1965, 79 Stat. 992, 995, renumbered § 108 and amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 491, re- numbered § 115 and amended Pub. L. 91–604, §§ 4(a), (b)(2)–(10), 15(c)(2), Dec. 31, 1970, 84 Stat. 1678, 1688, 1689, 1713; Pub. L. 95–95, title I, § 114, Aug. 7, 1977, 91 Stat. 710.) Editorial Notes CODIFICATION Section was formerly classified to section 1857d of this title. AMENDMENTS 1977—Pub. L. 95–95 completely revised section by sub- stituting provisions establishing a mechanism for the Administrator to trigger a revision of a State imple- mentation plan under section 7410(a)(2)(H) upon a peti- tion of an international agency or the Secretary of State if he finds that emissions originating in a State endanger the health or welfare of persons in a foreign country for provisions calling for the abatement of air pollution by means of conference procedures. 1970—Subsec. (a). Pub. L. 91–604, § 4(b)(2), inserted ‘‘and which is covered by subsection (b) or (c)’’ after ‘‘persons’’. Subsec. (b). Pub. L. 91–604, §§ 4(b)(3), (4), (5), 15(c)(2), redesignated former subsec. (d)(1)(A), (B), and (C) as (b)(1), (2), and (3), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing, and added subsec. (b)(4). Former subsec. (b), which related to the encour- agement of municipal, State, and interstate action to abate air pollution, was struck out. Subsec. (c). Pub. L. 91–604, §§ 4(b)(3), (6), 15(c)(2), redes- ignated former subsec. (d)(1)(D) as (c) and substituted ‘‘Administrator’’ for ‘‘Secretary’’ and ‘‘Secretary of Health, Education, and Welfare’’ wherever appearing and ‘‘subsection’’ for ‘‘subparagraph’’ wherever appear- ing. Former subsec. (c), which related to the procedure for the promulgation of State air quality standards, was struck out. Subsec. (d). Pub. L. 91–604, §§ 4(b)(4), (6), (7), (8), 15(c)(2), redesignated former subsec. (d)(2) and (3) as (d)(1) and (2), in (d)(1) substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing and ‘‘any conference under this section’’ for ‘‘such conference’’, and in (d)(2) substituted ‘‘Administrator’’ for ‘‘Secretary’’. Former subsec. (d)(1)(A), (B), and (C) were redesignated as (b)(1), (2), and (3), respectively, and subsec. (d)(1)(D) was redesignated as (c). Subsec. (e). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ wherever appearing. Subsec. (f). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ wherever appearing and ‘‘Environmental Protection Agency’’ for ‘‘Department of Health, Education, and Welfare’’. Subsec. (g). Pub. L. 91–604, §§ 4(b)(9), 15(c)(2), sub- stituted ‘‘Administrator’’ for ‘‘Secretary’’ and ‘‘sub- section (c)’’ for ‘‘subparagraph (D) of subsection (d)’’. Page 7238 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7416 Subsecs. (i), (j). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing. Subsec. (k). Pub. L. 91–604, § 4(b)(3), (10), substituted provisions relating to compliance with any require- ment of an applicable implementation plan or with any standard prescribed under section 7411 of this title or section 7412 of this title, for provisions relating to the enjoining of imminent and substantial endangerment from pollution sources. 1967—Subsec. (b). Pub. L. 90–148 substituted reference to subsec. (c), (h), or (k) of this section for reference to subsec. (g) of this section. Subsecs. (c), (d). Pub. L. 90–148 added subsec. (c), re- designated former subsec. (c) as (d), inserted in par. (2) provisions for the delivery prior to the conference of a Federal report to agencies and interested parties cov- ering matters before the conference, raised from three weeks to thirty days the required notice of the con- ference, and inserted provisions for notice by news- papers, presentation of views on the Federal report, and transcript of proceedings. Former subsec. (d) redesig- nated (e). Subsec. (e). Pub. L. 90–148 redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f) and amended. Subsec. (f). Pub. L. 90–148 redesignated former subsec. (e) as (f) and inserted in par. (1) requirement that all in- terested parties be given a reasonable opportunity to present evidence to the hearing board. Former subsec. (f) redesignated (g) and amended. Subsec. (g). Pub. L. 90–148 redesignated former subsec. (f) as (g) and substituted reference to subsec. (d) of this section for reference to subsec. (c) of this section. Former subsec. (g) redesignated (h) and amended. Subsec. (h). Pub. L. 90–148 redesignated former sub- sec. (g) as (h) and substituted reference to subsec. (g) of this section for reference to subsec. (f) of this section. Former subsec. (h) redesignated (i) and amended. Subsec. (i). Pub. L. 90–148 redesignated former subsec. (h) as (i) and substituted reference to subsec. (f) of this section for reference to subsec. (e) of this section and raised the per diem maximum from $50 to $100. Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 90–148 redesignated former subsec. (i) as (j). Subsec. (k). Pub. L. 90–148 added subsec. (k). 1965—Subsec. (b). Pub. L. 89–272, § 101(2), substituted ‘‘this title’’ for ‘‘this Act’’, which for purposes of codi- fication has been changed to ‘‘this subchapter’’. Subsec. (c)(1)(D). Pub. L. 89–272, § 102(a), added subpar. (D). Subsec. (d)(3). Pub. L. 89–272, § 101(2), substituted ‘‘subchapter’’ for ‘‘chapter’’. Subsec. (f)(1). Pub. L. 89–272, § 102(b), designated exist- ing provisions as cl. (A) and added cl. (B). 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. UNITED STATES-CANADIAN NEGOTIATIONS ON AIR QUALITY Pub. L. 95–426, title VI, § 612, Oct. 7, 1978, 92 Stat. 990, provided that: ‘‘(a) The Congress finds that— ‘‘(1) the United States and Canada share a common environment along a 5,500 mile border; ‘‘(2) the United States and Canada are both becom- ing increasingly concerned about the effects of pollu- tion, particularly that resulting from power genera- tion facilities, since the facilities of each country af- fect the environment of the other; ‘‘(3) the United States and Canada have subscribed to international conventions; have joined in the envi- ronmental work of the United Nations, the Organiza- tion for Economic Cooperation and Development, and other international environmental forums; and have entered into and implemented effectively the provi- sions of the historic Boundary Waters Treaty of 1909; and ‘‘(4) the United States and Canada have a tradition of cooperative resolution of issues of mutual concern which is nowhere more evident than in the environ- mental area. ‘‘(b) It is the sense of the Congress that the President should make every effort to negotiate a cooperative agreement with the Government of Canada aimed at preserving the mutual airshed of the United States and Canada so as to protect and enhance air resources and insure the attainment and maintenance of air quality protective of public health and welfare. ‘‘(c) It is further the sense of the Congress that the President, through the Secretary of State working in concert with interested Federal agencies and the af- fected States, should take whatever diplomatic actions appear necessary to reduce or eliminate any undesir- able impact upon the United States and Canada result- ing from air pollution from any source.’’ § 7416. Retention of State authority Except as otherwise provided in sections 1857c–10(c), (e), and (f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and 7573 of this title (pre- empting certain State regulation of moving sources) nothing in this chapter shall preclude or deny the right of any State or political sub- division thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or section 7412 of this title, such State or political subdivision may not adopt or enforce any emission standard or limi- tation which is less stringent than the standard or limitation under such plan or section. (July 14, 1955, ch. 360, title I, § 116, formerly § 109, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 497; renumbered § 116 and amended Pub. L. 91–604, § 4(a), (c), Dec. 31, 1970, 84 Stat. 1678, 1689; Pub. L. 93–319, § 6(b), June 22, 1974, 88 Stat. 259; Pub. L. 95–190, § 14(a)(24), Nov. 16, 1977, 91 Stat. 1400.) Editorial Notes REFERENCES IN TEXT 1857c–10(c), (e), and (f) (as in effect before August 7, 1977), referred to in text, was in the original ‘‘119(c), (e), and (f) (as in effect before the date of the enactment of the Clean Air Act Amendments of 1977)’’ meaning sec- tion 119 of act July 14, 1955, ch. 360, title I, as added June 22, 1974, Pub. L. 93–319, § 3, 88 Stat. 248, (which was classified to section 1857c–10 of this title) as in effect