THE CLEAN AIR ACT
AS AMENDED, JUNE 1974
Revisions indicated by marginal brackets
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
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TITLE I—AIR POLLUTION PREVENTION AND
CONTROLi
FINDINGS AND PURPOSES
"SEC. 101. (a) The Congress finds—
" (1) that the predominant part of the Nation's population is
located in its rapidly expanding metropolitan and other urban
areas, which generally cross the boundary lines of local juris-
dictions and often extend into two or more States;
"(2) that the growth in the amount and complexity of air
pollution brought about by urbanization, industrial develop-
ment, and the increasing use of motor vehicles, has resulted
in mounting dangers to the public health and welfare, includ-
ing injury to agricultural crops and livestock, damage to and
the deterioration of property and hazards to air and ground
transportation;
"(3) that the prevention and control of air pollution at its
source is the primary responsibility of States and local gov-
ernments ; and
" (4) that Federal financial assistance and leadership is
essential for the development of cooperative Federal, State,
regional and local programs to prevent and control air
pollution.
"(b) The purposes of this title are—
"(1) to protect and enhance the quality of the Nation's air
resources so as to promote the public health and welfare and
the productive capacity of its population;
"(2) to initiate and accelerate a national research and de-
velopment program to achieve the prevention and control of
air pollution;
"(3) to provide technical and financial assistance to State
and local governments in connection with the development
and execution of their air pollution prevention and control
programs; and
"(4) to encourage and assist the development and opera-
tion of regional air pollution control programs.
COOPERATIVE ACTIVITIES AND UNIFORM LAWS
"SEC. 102. (a) The Administrator shall encourage cooperative
activities by the States and local governments for the prevention
ordination Act of 1974—P.L. 93-319—(June 22, 1974).
Marginal brackets indicate revisions.
(1)
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and control of air pollution; encourage the enactment of improved
and, so far as practicable in the light of varying conditions and
needs, uniform State and local laws relating to the prevention and
control of air pollution; and encourage the making of agreements
and compacts between States for the prevention and control of air
pollution.
"(b) The Administrator shall cooperate with and encourage
cooperative activities by all Federal departments and agencies
having functions relating to the prevention and control of air
pollution, so as to assure the utilization in the Federal air pollu-
tion control program of all appropriate and available facilities
and resources within the Federal Government.
"(c) The consent of the Congress is hereby given to two or
more States to negotiate and enter into agreements or compacts,
not in conflict with any law or treaty of the United States, for (1)
cooperative effort and mutual assistance for the prevention and
control of air pollution and the enforcement of their respective
laws relating thereto, and (2) the establishment of such agencies,
joint or otherwise, as they may deem desirable for making effec-
tive such agreements or compacts. No such agreement or compact
shall be binding or obligatory upon any State a party thereto
unless and until it has been approved by Congress. It is the intent
of Congress that no agreement or compact entered into between
States after the date of enactment of the Air Quality Act of 1967,
which relates to the control and abatement of air pollution in an
air quality control region, shall provide for participation by a
State which is not included (in whole or in part) in such air
quality control region.
RESEARCH, INVESTIGATION, TRAINING, AND OTHER ACTIVITIES
"SEC. 103. (a) The Administrator shall establish a national re-
search and development program for the prevention and control
of air pollution and as part of such program shall—
"(1) conduct, and promote the coordination and accelera-
tion of, research, investigations, experiments, training, dem-
onstrations, surveys, and studies relating to the causes,
effects, extent, prevention, and control of air pollution;
"(2) encourage, cooperate with, and render technical serv-
ices and provide financial assistance to air pollution control
agencies and other appropriate public or private agencies,
institutions, and organizations, and individuals in the con-
duct of such activities;
"(3) conduct investigations and research and make sur-
veys concerning any specific problem of air pollution in co-
operation with any air pollution control agency with a view
to recommending a solution of such problem, if he is re-
quested to do so by such agency or if, in his judgment, such
problem may affect any community or communities in a State
other than that in which the source of the matter causing
or contributing to the pollution is located;
"(4) establish technical advisory committees composed of
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recognized experts in various aspects of air pollution to assist
in the examination and evaluation of research progress and
proposals and to avoid duplication of research.
"(b) In carrying out the provisions of the preceding subsection
the Administrator is authorized to—
"(1) collect and make available, through publications and
other appropriate means, the results of and other informa-
tion, including appropriate recommendations by him in con-
nection therewith, pertaining to such research and other
activities;
"(2) cooperate with other Federal departments and agen-
cies, with air pollution control agencies, with other public
and private agencies, institutions, and organizations, and
with any industries involved, in the preparation and conduct
of such research and other activities;
"(3) make grants to air pollution control agencies, to
other public or nonprofit private agencies, institutions, and
organizations, and to individuals, for purposes stated in sub-
section (a) (1) of this section;
"(4) contract with public or private agencies, institutions,
and organizations, and with individuals, without regard to
sections 3648 and 3709 of the Revised Statutes (31 U.S.C.
529; 41 U.S.C. 5) ;
"(5) provide training for, and make training grants to,
personnel of air pollution control agencies and other persons
with suitable qualifications;
"(6) establish and maintain research fellowships, in the
Environmental Protection Agency and at public or nonprofit
private educational institutions or research organizations;
"(7) collect and disseminate, in cooperation with other
Federal departments and agencies, and with other public or
private agencies, institutions, and organizations having re-
lated responsibilities, basic data on chemical, physical, and
biological effects of varying air quality and other information
pertaining to air pollution and the prevention and control
thereof; and
"(8) develop effective and practical processes, methods,
and prototype devices for the prevention or control of air
pollution.
"(c) In carrying out the provisions of subsection (a) of this
section the Administrator shall conduct research on, and survey
the results of other scientific studies on the harmful effects on
the health or welfare of persons by the various known air pollut-
ants.
"(d) The Administrator is authorized to construct such facili-
ties and staff and equip them as he determines to be necessary to
carry out his functions under this Act.
" (e) If, in the judgment of the Administrator, an air pollution
problem of substantial significance may result from discharge or
discharges into the atmosphere, he may call a conference con-
cerning this potential air pollution problem to be held in or near
one or more of the places where such discharge or discharges are
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occurring- or will occur. All interested persons shall be given an
opportunity to be heard at such conference, either orally or in
writing, and shall be permitted to appear in person or by repre-
sentative in accordance with procedures prescribed by the Ad-
ministrator. If ... the Administrator finds, on the basis of evidence
presented at such conference, that the discharge or discharges
if permitted to take place or continue are likely to cause or con-
tribute to air pollution subject to abatement under section 115,
he shall send such findings, together with recommendations con-
cerning the measures which he finds reasonable and suitable to
prevent such pollution, to the person or persons whose actions will
result in the discharge or discharges involved; to air pollution
agencies of the State or States and of the municipality or munici-
palities where such discharge or discharges will originate; and to
the interstate air pollution control agency, if any, in the jurisdic-
tional area of which any such municipality is located. Such
findings and recommendations shall be advisory only, but shall be
admitted together with the record of the conference, as part of
the proceedings under subsections (b), (c), (d), (e), and (f) of
section 115.
"(f) (1) In carrying out research pursuant to this Act, the Ad-
ministrator shall give special emphasis to research on the short-
and long-term effects of air pollutants on public health and wel-
fare. In the furtherance of such research, he shall conduct an
accelerated research program—
"(A) to improve knowledge of the contribution of air pol-
lutants to the occurrence of adverse effects on health, includ-
ing, but not limited to, behavioral, physiological, toxicological,
and biochemical effects; and
"(B) to improve knowledge of the short- and long-term
effects of air pollutants on welfare.
"(2) In carrying out the provisions of this subsection the Ad-
ministrator may—
"(A) conduct epidemiological studies of the effects of air
pollutants on mortality and morbidity;
"(B) conduct clinical and laboratory studies on the im-
munologic, biochemical, physiological, and the toxicological
effects including carcinogenic, teratogenic, and mutagenic ef-
fects of air pollutants;
" (C) utilize, on a reimbursable basis, the facilities of exist-
ing Federal scientific laboratories and research centers;
"(D) utilize the authority contained in paragraphs (1)
through (4) of subsection (b) ; and
"(E) consult with other appropriate Federal agencies to
assure that research or studies conducted pursuant to this
subsection will be coordinated with research and studies of
such other Federal agencies.
"(3) In entering into contracts under this subsection, the Ad-
ministrator is authorized to contract for a term not to exceed
10 years in duration. For the purposes of this paragraph, there
are authorized to be appropriated $15,000,000. Such amounts as
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are appropriated shall remain available until expended and shall
be in addition to any other appropriations under this Act."
RESEARCH RELATING TO FUELS AND VEHICLES
"SEC. 104. (a) The Administrator shall give special emphasis
to research and development into new and improved methods, hav-
ing industry-wide application, for the prevention and control of
air pollution resulting from the combustion of fuels. In further-
ance of such research and development he shall—
"(1) conduct and accelerate research programs directed
toward development of improved, low-cost techniques for—
" (A) control of combustion byproducts of fuels,
"(B) removal of potential air pollutants from fuels
prior to combustion,
"(D) control of emissions from the evaporation of
fuels,
"(D) improving the efficiency of fuels combustion so
as to decrease atmospheric emissions, and
"(E) producing synthetic or new fuels-which, when
used, result in decreased atmospheric emissions."
"(2) provide for Federal grants to public or nonprofit
agencies, institutions, and organizations and to individuals,
and contracts with public or private agencies, institutions,
or persons, for payment of (A) part of the cost of acquiring,
constructing, or otherwise securing for research and develop-
ment purposes, new or improved devices or methods
having industry-wide application of preventing or controlling-
discharges into the air of various types of pollutants; (B)
part of the cost of programs to develop low emission alterna-
tives to the present internal combustion engine; (C) the cost
to purchase vehicles and vehicle engines, or portions thereof,
for research, development, and testing purposes; and (D)
carrying out the other provisions of this section, without
regard to sections 3648 and 3709 of the Revised Statutes (31
U.S.C. 529; 41 U.S.C. 5) : Provided, That research or dem-
onstration contracts awarded pursuant to this subsection or
demonstration contracts awarded pursuant to this subsection
(including contracts for construction) may be made in ac-
cordance with, and subject to the limitations provided with
respect to research contracts of the military departments in,
section 2353 of title 10, United States Code, except that the
determination, approval, and certification required thereby
shall be made by the Administrator: Provided further, That
no grant may be made under this paragraph in excess of
$1,500,000;
"(3) determine, by laboratory and pilot plant testing, the
results of air pollution research and studies in order to de-
velop new or improved processes and plant designs to the
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point where they can be demonstrated on a large and prac-
tical scale;
" (4) construct, operate, and maintain, or assist in meeting
the cost of the construction, operation, and maintenance of
new or improved demonstration plants or processes which
have promise of accomplishing the purposes of this Act;
"(5) study new or improved methods for the recovery and
marketing of commercially valuable byproducts resulting
from the removal of pollutants.
" (b) In carrying out the provisions of this section, the Admin-
istrator may—
"(1) conduct and accelerate research and development of
low-cost instrumentation techniques to facilitate determina-
tion of quantity and quality of air pollutant emissions, in-
cluding, but not limited to, automotive emissions;
"(2) utilize, on a reimbursable basis, the facilities of exist-
ing Federal scientific laboratories;
"(3) establish and operate necessary facilities and test
sites at which to carry on the research, testing, development,
and programming necessary to effectuate the purposes of
thie section;
"(4) acquire secret processes, technical data, inventions,
patent applications, patents, licenses, and an interest in lands,
plants, and facilities, and other property or rights by pur-
chase, license, lease, or donation; and
"(5) cause on-site inspections to be made of promising
domestic and foreign projects, and cooperate and participate
in their development in instances in which the purposes of
the Act will be served thereby.
"(c) For the purposes of this section there are authorized
to be appropriated $75,000,000 for the fiscal year ending
June 30, 1971, $125,000,000 for fiscal year ending June
30, 1972, $150,000,000 for fiscal year ending June 30, 1973,
$150,000,000 for fiscal year ending June 30, 1974, and
$150,000,000 for fiscal year ending June 30, 1975. Amounts
appropriated pursuant to this subsection shall remain avail-
able until expended.
GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND
CONTROL PROGRAMS
"SEC. 105. (a) (1) (A) The Administrator may make grants to
air pollution control agencies in an amount up to two-thirds of
the cost of planning, developing, establishing, or improving, and
up to one-half of the cost of maintaining programs for the pre-
vention and control of air pollution or implementation of national
primary and secondary 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 section 302 (b) in an amount
up to three-fourths of the cost of planning, developing, establish-
ing, or improving, and up to three-fifths of the cost of maintain-
ing any program for the prevention and control of air pollution
or implementation of national primary and secondary ambient
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air quality standards in an area that includes two or more munici-
palities, whether in the same or different States.
"(C) With respect to any air quality control region or portion
thereof for which there is an applicable implementation plan un-
der section 110, grants under subparagraph (B) may be made
only to air pollution control agencies which have substantial re-
sponsibilities for carrying out such applicable implementation
plan.
"(2) Before approving any grant under this subsection to any
air pollution control agency within the meaning of sections 302
(b) (2) and 302 (b) (4) the Administrator shall receive assurances
that such agency provides for adequate representation of appro-
priate State, interstate, local, and (when appropriate) interna-
tional, interests in the air quality control region.
"(3) Before approving any planning grant under this subsec-
tion to any air pollution control agency within the meaning of
sections 302 (b) (2) and 302 (b) (4), the Administrator shall re-
ceive 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 sys-
tem of alerts to avert and reduce 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
control region, including the concentration of industries, other
commercial establishments, population and naturally occurring
factors which shall affect such standards.
"(b) 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 Administrator may find
necessary to carry out the purpose of this section. In establishing
regulations for the granting of such funds the Administrator
shall, so far as practicable, give due consideration to (1) the
population, (2) the extent of the actual or potential air pollution
problem, and (3) the financial need of the respective agencies.
No agency shall receive any grant under this section during any
fiscal year when its expenditures of non-Federal funds for other
than nonrecurrent expenditures for air pollution control programs
will be less than its expenditures were for such programs during
the preceding fiscal year; 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 Admin-
istrator is satisfied that such grant will be so used as to supple-
ment 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 pro-
gram, and will in no event supplant such State, local, or other
non-Federal funds. No grant 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.
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"(c) Not more than 10 per centum of the total of funds appro-
priated 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 cross-
ing State boundaries, the Administrator shall determine the por-
tion of such grant that is chargeable to the percentage limitation
under this subsection for each State into which such area extends.
"(d) 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 recipient under section 301 of this Act,
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 Act. The amount by which such payments have been re-
duced shall be available for -payment of such costs by the Admin-
istrator, but shall, for the purpose of determining the amount of
any grant to a recipient under subsection (a) of this section, be
deemed to have been paid to such agency.
INTERSTATE AIR QUALITY AGENCIES OR COMMISSIONS
"SEC. 106. For the purpose of developing implementation plans
for any interstate air quality control region designated pursuant
to section 107, the Administrator is authorized to pay, for two
years, up to 100 per centum of the air quality planning program
costs of 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 sec-
ondary ambient air quality standards and shall include represen-
tation from the States and appropriate political subdivisions
within the air quality control region. After the initial two-year
period, the Administrator is authorized to make grants to such
agency in an amount up to three-fourths of tha air quality plan-
ning program costs of such agency.
AIR QUALITY CONTROL REGIONS
"SEC. 107. (a) Each State shall have the primary responsibility
for assuring air quality within the entire geographic area com-
prising such State by submitting an implementation plan for such
State which will specify the manner in which national primary
and secondary ambient air quality standards will be achieved and
maintained within each air quality control region in such State.
"(b) For purposes of developing and carrying out implementa-
tion plans under section 110—
"(1) an air quality control region designated under this
section before the date of enactment of the Clean Air Amend-
ments of 1970, or a region designated after such date under
subsection (c), shall be an air quality control region; and
" (2) the portion of such State which is not part of any such
designated region shall be an air quality control region, but
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such portion may be subdivided by the State into two or more
air quality control regions with the approval of the Adminis-
trator.
"(c) The Administrator shall, within 90 days after the date
of enactment of the Clean Air Amendments of 1970, after con-
sultation with appropriate State and local authorities, designate
as an air quality control region any interstate area or major intra-
state area which he deems necessary or appropriate for the attain-
ment and maintenance of ambient air quality standards. The Ad-
ministrator shall immediately notify the Governors of the affected
States of any designation made under this subsection.
AIR QUALITY CRITERIA AND CONTROL TECHNIQUES
"SEC. 108. (a) (1) For the purpose of establishing national
primary and secondary ambient air quality standards, the Ad-
ministrator shall within 30 days after the date of enactment of
the Clean Air Amendments of 1970 publish, and shall from time
to time thereafter revise, a list which includes each air pollutant—
"(A) which in his judgment has an adverse effect on pub-
lic health and 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 the date of enactment of the Clean Air Amendments of
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 pol-
lutant 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 pres-
ence of such pollutant in the ambient air, in varying quantities.
The criteria for an air pollutant, to the extent practicable, shall
include information on—
"(A) those variable factors (including atmospheric condi-
tions) which of themselves or in combination with other fac-
tors 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)(l) Simultaneously with the issuance of criteria under
subsection (a), the Administrator shall, after consultation with
appropriate advisory 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 technology and costs
of emission control. Such information shall include such data as
are available on attainable technology and alternative methods of
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prevention and control of air pollution. Such information shall
also include data on alternative fuels, processes, and operating
methods which will result in elimination of significant reduction
of emissions.
"(2) In order to assist in the development of information on
pollution control techniques, the Administrator may establish a
standing consulting committee for each air pollutant included 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 com-
munity. Each such committee shall submit as appropriate, to the
Administrator, information related to that required in para-
graph (1).
"(c) The Administrator shall from time to time review, and,
as appropriate, modify, and reissue any criteria or information on
control techniques issued pursuant to this section.
"(d) The issuance of air quality criteria and information on
air pollution control techniques shall be announced in the Federal
Register and copies shall be made available to the general public.
NATIONAL AMBIENT AIR QUALITY STANDARDS
"SEC. 109. (a) (1) The Administrator
" (A) within 30 days after the date of enactment of the
Clean Air Amendments of 1970, shall publish proposed regu-
lations prescribing a national primary ambient air quality
standard and a national secondary ambient air quality stand-
ard for each air pollutant for which air quality criteria have
been issued prior to such date of enactment; and
"(B) after a reasonable time for interested persons to
submit written comments thereon (but no later than 90 days
after the initial publication of such proposed standards) shall
by regulation promulgate such proposed national primary
and secondary ambient air quality standards with such modi-
fications as he deems appropriate.
"(2) With respect to any air pollutant for which air quality
criteria are issued after the date of enactment of the Clean Air
Amendments of 1970, the Administrator shall publish, simultane-
ously with the issuance of such criteria and information, proposed
national primary and secondary 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) (1) National primary ambient air quality standards, pre-
scribed under subsection (a) shall be ambient air quality stand-
ards the attainment and maintenance of which in the judgment
of the Administrator, based on such criteria and allowing an ade-
quate margin of safety, are requisite to protect the public health.
Such primary standards may be revised in the same manner as
promulgated.
"(2) Any national secondary ambient air quality standard pre-
scribed, under subsection (a) shall specify a level of air quality
the attainment and maintenance of which in the judgment of the
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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 man-
ner as promulgated.
IMPLEMENTATION PLANS
"SEC. 110. (a) (1) Each State shall, after reasonable notice and
public hearings, adopt and submit to the Administrator, within
nine months after the promulgation of a national primary ambient
air quality standard (or any revision thereof) under section 109
for any air pollutant, 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 Adminis-
trator (either as a part of a plan submitted under the preceding
sentence or separately) within nine months after the promulga-
tion of a national ambient air quality secondary standard (or re-
vision thereof), a plan which provides for implementation, main-
tenance and enforcement 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 con-
sider its plan implementing such secondary standard at the hear-
ing required by the first sentence of this paragraph.
"(2) The Administrator shall, within four months after the
date required for submission of a plan under paragraph (1), ap-
prove or disapprove such plan for each portion thereof. The Ad-
ministrator shall approve such plan, or any portion thereof, if he
determines that it was adopted after reasonable notice and hear-
ing and that—
"(A)(i) in the case of a plan implementing a national
primary ambient air quality standard, it provides for the at-
tainment of such primary standard as expeditiously as prac-
ticable but (subject to subsection (e)) in no case later than
three years from the date of approval of such plan (or any
revision thereof to take account of a revised primary stand-
ard) ; and, (ii) in the case of a plan implementing a national
secondary ambient air quality standard, it specifies a reason-
able time at which such secondary standard will be attained;
" (B) it includes emission limitations, schedules, and time-
tables for compliance with such limitations, and such other
measures as may be necessary to insure attainment and main-
tenance of such primary or secondary standard, including,
but not limited to, land-use and transportation controls;
"(C) it includes provision for establishment and operation
of appropriate devices, methods, systems, and procedures
necessary to (i) monitor, compile, and analyze data on am-
bient air quality and, (ii) upon request, make such data
available to the Administrator;
"(D) it includes a procedure, meeting the requirements of
paragraph (4), for review (prior to construction or modifica-
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tion) of the location of new sources to which a standard of
performance will apply;
"(E) it contains adequate provisions for intergovern-
mental cooperation, including measures necessary to insure
that emissions of air pollutants from sources located in any
air quality control region will not interfere with the attain-
ment or maintenance of such primary or secondary standard
in any portion of such region outside of such State or in any
other air quality control region;
"(F) it provides (i) necessary assurances that the State
will have adequate personnel, funding, and authority to carry
out such implementation plan; (ii) requirements for installa-
tion of equipment by owners or operators of stationary
sources to monitor emissions from such sources; (iii) for
periodic reports on the nature and amounts of such emis-
sions; (iv) that such reports shall be correlated by the
State agency with any emission limitations or standards es-
tablished pursuant to this Act, which reports shall be avail-
able at reasonable times for public inspection; and (v) for
authority comparable to that in section 303, and adequate
contingency plans to implement such authority;
"(G) it provides, to the extent necessary and practicable,
for periodic; inspection and testing of motor vehicles to en-
force compliance with applicable emission standards; and
"(H) it provides for revision, after public hearings, 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 achieving such primary or
secondary standard; or (ii) whenever the Administrator
finds on the basis of information available to him that the
plan is substantially inadequate to achieve the national am-
bient air quality primary or secondary standard which it
implements.
"(3) (A) The Administrator shall approve any revision of
an implementation plan applicable to an air quality control region
if he determines that it meets the requirements of paragraph (2)
and has been adopted by the State after reasonable notice and
public hearings.
"(B) As soon as practicable, the Administrator shall, con-
sistent with the purposes of this Act and the Energy Supply and
Environmental Coordination Act of 1974, review each State's
applicable implementation plans and report to the State on whether
such plans can be revised in relation to fuel burning stationary
sources (or persons supplying fuel to such sources) without inter-
fering with the attainment and maintenance of any national
ambient air quality standard within the period permitted in
this section. If the Administrator determines that any such plan
can be revised, he shall notify the State that a plan revision may
be submitted by the State. Any plan revision which is submitted
by the State shall, after public notice and opportunity for public
hearing, be approved by the Administrator if the revision relates
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only to fuel burning- stationary sources (or persons supplying
fuel to such sources), and the plan as revised complies with para-
graph (2) of this subsection. The Administrator shall approve or
disapprove any revision no later than three months after its
submission.
"(4) The procedure referred to in paragraph (2) (D) for re-
view, prior to construction or modification, of the location of
new sources shall (A) provide for adequate authority to prevent
the construction or modification of any new source to which a
standard of performance under Section 111 will apply at any
location which the State determines will prevent the attainment
or maintenance within any air quality control region (or portion
thereof) within such State of a national ambient air quality pri-
mary or secondary standard, and (B) require that prior to
commencing- construction or modification of any such source, the
owner or operator thereof shall submit to such State such infor-
mation as may be necessary to permit the State to make a deter-
mination under clause (A).
"(b) The Administrator may, wherever he determines neces-
sary, extend the period for submission of any plan or portion
thereof which implements a national secondary ambient air qual-
ity standard for a period not to exceed eighteen months from the
date otherwise required for submission of such plan.
"(c)(l) The Administrator shall, after consideration of
any State hearing record, promptly prepare and publish pro-
posed regulations setting- forth an implementation plan, or
portion thereof, for a State if—
" (A) The State fails to submit an implementation plan for
any national ambient air quality primary or secondary stand-
ard within the time prescribed,
"(B) the plan, or any portion thereof, submitted for such
State is determined by the Administrator not to be in ac-
cordance with the requirements of this section, or
"(C) the State fails, within 60 days after notification by
the Administrator or such longer period as he may prescribe,
to revise an implementation plan as required pursuant to a
provision of its plan referred to in subsection (a) (2) (H).
If such State held no public hearing associated with respect to
such plan (or revision thereof), the Administrator shall provide
opportunity for such hearing within such State on any proposed
regulation. The Administrator shall, within six months after the
date required for submission of such plan (or revision thereof),
promulgate any such regulations unless, prior to such promulga-
tion, such State has adopted and submitted a plan (or revision)
which the Administrator determines to be in accordance with the
requirements of this section.
"(2) (A) The Administrator shall conduct a study and shall
submit a report to the Committee on Interstate and Foreign
Commerce of the United States House of Representatives and the
Committee on Public Works of the United States Senate not later
than three months after date of enactment of this paragraph
on the necessity of parking surcharge, management of parking
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supply, and preferential bus/carpool lane regulations as part of
the applicable implementation plans required under this section
to achieve and maintain national primary ambient air quality
standards. The study shall include an assessment of the eco-
nomic impact of such regulations, consideration of alternative
means of reducing total vehicle miles traveled, and an assess-
ment of the impact of such regulations on other Federal and
State programs dealing with energy or transportation. In the
course of such study, the Administrator shall consult with other
Federal officials including, but not limited to, the Secretary of
Transportation, the Federal Energy Administrator, and the
Chairman of the Council on Environmental Quality.
"(B) No parking surcharge regulation may be required by
the Administrator under paragraph (1) of this subsection as a
part of an applicable implementation plan. All parking surcharge
regulations previously required by the Administrator shall be
void upon the date of enactment of this subparagraph. This sub-
paragraph shall not prevent the Administrator from approving
parking surcharges if they are adopted and submitted by a State
as part of an applicable implementation plan. The Administrator
may not condition approval of any implementation plan sub-
mitted by a State on such plan's including a parking surcharge
regulation.
"(C) The Administrator is authorized to suspend until
January 1, 1975, the effective date or applicability of any regu-
lations for the management of parking supply or any requirement
that such regulations be a part of an applicable implementation
plan approved or promulgated under this section. The exercise
of the authority under this subparagraph shall not prevent the
Administrator from approving such regulations if they are
adopted and submitted by a State as part of an applicable imple-
mentation plan. If the Administrator exercises the authority
under this subparagraph, regulations requiring a review or
analysis of the impact of proposed parking facilities before
construction which take effect on or after January 1, 1975, shall
not apply to parking facilities on which construction has been
initiated before January 1, 1975.
"(D) For purposes of this paragraph—
"(i) The term 'parking surcharge regulation' means a
regulation imposing or requiring the imposition of any tax, sur-
charge, fee, or other charge on parking spaces, or any other area
used for the temporary storage of motor vehicles.
"(ii) The term 'management of parking supply' shall in-
clude any requirement providing that any new facility con-
taining a given number of parking spaces shall receive a permit
or other prior approval, issuance of which is to be conditioned
on air quality considerations.
"(iii) The term 'preferential bus/carpool lane' shall in-
clude any requirement for the setting aside of one or more lanes
of a street or highway on a permanent or temporary basis for
the exclusive use of buses or carpools, or both.
"(E) No standard, plan, or requirement, relating to manage-
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ment of parking supply or preferential bus/carpool lanes shall
be promulgated after the date of enactment of this paragraph
by the Administrator pursuant to this section, unless such
promulgation has been subjected to at least one public hearing
which has been held in the area affected and for which reason-
able notice has been given in such area. If substantial changes
are made following public hearings, one or more additional hear-
ings shall be held in such area after such notice.
"(d) For purposes of this Act, an applicable implementation
plan is the implementation plan, or most recent revision thereof,
which has been approved under subsection (a) or promulgated
under subsection (c) and which implements a national primary
or secondary ambient air quality standard in a State.
"(e) (1) Upon application of a Governor of a State at the time
of submission of any plan implementing a national ambient air
quality primary standard, the Administrator may (subject to
paragraph (2)) extend the three-year period referred to in sub-
section (a) (2) (A) (i) for not more than two years for an air
quality control region if after review of such plan the Adminis-
trator determines that—
"(A) one or more emission sources (or classes of moving
sources) are unable to comply with the requirements of such
plan which implement such primary standard because the
necessary technology or other alternatives are not available
or will not be available soon enough to permit compliance
within such three-year period, and
"(B) the State has considered and applied as a part of its
plan reasonably available alternative means of attaining such
primary standard and has justifiably concluded that attain-
ment of such primary standard within the three years cannot
be achieved.
"(2) The Administrator may grant an extension under para-
graph (1) only if he determines that the State plan provides for—
"(A) application of the requirements of the plan which
implement such primary standard to all emission sources in
such region other than the sources (or classes) described in
paragraph (1) (A) within the three-year period, and
"(B) such interim measures of control of the sources (or
classes) described in paragraph (1) (A) as the Adminis-
trator determines to be reasonable under the circumstances.
"(f) (1) Prior to the date on which any stationary source or
class of moving sources is required to comply with any require-
ment of an applicable implementation plan the Governor of the
State to which such plan applies may apply to the Adminis-
trator to postpone the applicability of such requirement to such
source (or class) for not more than one year. If the Administrator
determines that—
"(A) good faith efforts have been made to comply with
such requirement before such date,
"(B) such source (or class) is unable to comply with such
requirement because the necessary technology or other alter-
native methods of control are not available or have not been
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available for a sufficient period of time,
"(C) any available alternative operating procedures and
interim control measures have reduced or will reduce the
impact of such source on public health, and
"(D) the continued operation of such source is essential
to national security or to the public health or welfare,
then the Administrator shall grant a postponement of such
requirement.
"(2) (A) Any determination under paragraph (1) shall (i) be
made on the record after notice to interested persons and oppor-
tunity for hearing, (ii) be based upon a fair evaluation of the
entire record at such hearing, and (iii) include a statement set-
ting forth in detail the findings and conclusions upon which the
determination is based.
"(B) Any determination made pursuant to this paragraph shall
be subject to judicial review by the United States Court of Appeals
for the circuit which includes such State upon the filing in such
court within 30 days from the date of such decision of a petition
by any interested person praying that the decision be modified or
set aside in whole or in part. A copy of the petition shall forthwith
be sent by registered or certified mail to the Administrator and
thereupon the Administrator shall certify and file in such court
the record upon which the final decision complained of was issued,
as provided in section 2112 of title 28, United States Code. Upon
the filing of such petition the court shall have jurisdiction to affirm
or set aside the determination complained of in whole or in part.
The findings of the Administrator with respect to questions of fact
(including each determination made under subparagraphs (A),
(B), (C), and (D) of paragraph (1)) shall be sustained if based
upon a fair evaluation of the entire record at such hearing.
"(C) Proceedings before the court under this paragraph shall
take precedence over all the other causes of action on the docket
and shall be assigned for hearing and decision at the earliest prac-
ticable date and expedited in every way.
"(D) Section 307 (a) (relating to subpenas) shall be applicable
to any proceeding under this subsection.
STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
"SEC. 111. (a) For purposes of this section:
" (1) The term 'standard of performance' means a standard
for emissions of air pollutants which reflects the degree of
emission limitation achievable through the application of the
best system of emission reduction which (taking into account
the cost of achieving such reduction) the Administrator de-
termines has been adequately demonstrated.
"(2) The term 'new source' means any stationary source,
the construction or modification of which is commenced after
the publication of regulations (or, if earlier, proposed regu-
lations) prescribing a standard of performance under this
section which will be applicable to such source.
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"(3) The term 'stationary source' means any building,
structure, facility, or installation which emits or may emit
any air pollutant.
"(4) The term 'modification' means any physical change in,
or change in the method of operation of, a stationary source
which increases the amount of any air pollutant emitted by
such source or which results in the emission of any air pollu-
tant not previously emitted.
"(5) The term 'owner or operator' means any person who
owns, leases, operates, controls, or supervises a stationary
source.
"(6) The term 'existing source' means any stationary
source other than a new source.
"(b) (1) (A) The Administrator shall, within 90 days after the
date of enactment of the Clean Air Amendments of 1970, publish
(and from time to time thereafter shall revise) a list of categories
of stationary sources. He shall include a category of sources in
such list if he determines it may contribute significantly to air
pollution which causes or contributes to the endangerment of
public health or welfare.
" (B) Within 120 days after the inclusion of a category of station-
ary sources in a list under subparagraph (A), the Administrator
shall publish proposed regulations, establishing Federal standards
of performance for new sources within such category. The Admin-
istrator shall afford interested persons an opportunity for written
comment on such proposed regulations. After considering such
comments, he shall promulgate, within 90 days after such publica-
tion, such standards with such modifications as he deems appro-
priate. The Administrator may, from time to time, revise such
standards following the procedure required by this subsection for
promulgation of such standards. Standards of performance or
revisions thereof shall become effective upon promulgation.
"(2) The Administrator may distinguish among classes, types,
and sizes within categories of new sources for the purpose of es-
tablishing such standards.
"(3) The Administrator shall, from time to time, issue infor-
mation on pollution control techniques for categories of new
sources and air pollutants subject to the provisions of this section.
"(4) The provisions of this section shall apply to any new
source owned or operated by the United States.
"(c) (1) Each State may develop and submit to the Adminis-
trator a procedure for implementing and enforcing standards of
performance for new sources located in such State. If the Admin-
istrator finds the State procedure is adequate, he shall delegate to
such State any authority he has under this Act to implement and
enforce such standards (except with respect to new sources owned
or operated by the United States).
"(2) Nothing in this subsection shall prohibit the Adminis-
trator from enforcing any applicable standard of performance
under this section.
"(d) (1) The Administrator shall prescribe regulations which
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shall establish a procedure similar to that provided by section 110
under which each State shall submit to the Administrator a plan
which (A) establishes emission standards for any existing source
for any air pollutant (i) for which air quality criteria have not
been issued or which is not included on a list published under ssc-
tion 108 (a) or 112 (b) (1) (A) but (ii) to which a standard of per-
formance under subsection (b) would apply if such existing source
were a new source, and (B) provides for the implementation and
enforcement of such emission standards.
"(2) The Administrator shall have the same authority—
" (A) to prescribe a plan for a State in cases where the
State fails to submit a satisfactory plan as he would have
under section 110 (c) in the case of failure to submit an im-
plementation plan, and
"(B) to enforce the provisions of such plan in cases where
the State fails to enforce them as he would have under sec-
tions 113 and 114 with respect to an implementation plan.
" (e) After the effective date of standards of performance pro-
mulgated under this section, it shall be unlawful for any owner
or operator of any new source to operate such source in violation
of any standard of performance applicable to such source.
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
"SEC. 112. (a) For purposes of this section—
" (1) The term 'hazardous air pollutant' means an air pollu-
tant to which no ambient air quality standard is applicable
and which in the judgment of the Administrator may cause,
or contribute to, an increase in mortality or an increase in
serious irreversible, or incapacitating reversible, illness.
"(2) The term 'new source' means a stationary source the
construction or modification of which is commenced after the
Administrator proposes regulations under this section estab-
lishing an emission standard which will be applicable to such
source.
"(3) The terms 'stationary source,' 'modification,' 'owner
or operator' and 'existing source' shall have the same mean-
ing as such terms have under section 111 (a).
"(b) (1) (A) The Administrator shall, within 90 days after the
date of enactment of the Clean Air Amendments of 1970, publish
(and shall from time to time thereafter revise) a list which in-
cludes each hazardous air pollutant for which he intends to estab-
lish an emission standard under this section.
"(B) Within 180 days after the inclusion of any air pollutant
in such list, the Administrator shall publish proposed regulations
establishing emission standards for such pollutant together with
a notice of a public hearing within thirty days. Not later than 180
days after such publication, the Administrator shall prescribe an
emission standard for such pollutant, unless he finds, on the basis
of information presented at such hearings, that such pollutant
clearly is not a hazardous air pollutant. The Administrator shall
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establish any such standard at the level which in his judgment
provides an ample margin of safety to protect the public health
from such hazardous air pollutants.
"(C) Any emission standard established pursuant to this sec-
tion shall become effective upon promulgation.
" (2) The Administrator shall, from time to time, issue informa-
tion on pollution control techniques for air pollutants subject to
the provisions of this section.
" (c) (1) After the effective date of any emission standard under
this section—
" (A) no person may construct any new source or modify
any existing source which, in the Administrator's judgment,
will emit an air pollutant to which such standard applies un-
less the Administrator finds that such source if properly
operated will not cause emissions in violation of such stand-
ard, and
"(B) no air pollutant to which such standard applies may
be emitted from any stationary source in violation of such
standard, except that in the case of an existing source—
"(i) such standard shall not apply until 90 days after its
effective date, and
"(ii) the Administrator may grant a waiver permitting
such source a period of up to two years after the effective
date of a standard to comply with the standard, if he finds
that such period is necessary for the installation of controls
and that steps will be taken during the period of the waiver
to assure that the health of persons will be protected from
imminent endangerment.
"(2) The President may exempt any stationary source from
compliance with paragraph (1) for a period of not more than two
years if he finds that the technology to implement such standards
is not available and the operation of such source is required for
reasons of national security. An exemption under this paragraph
may be extended for one or more additional periods, each period
not to exceed two years. The President shall make a report to
Congress with respect to each exemption (or extension thereof)
made under this paragraph.
"(d) (1) Each State may develop and submit to the Adminis-
trator a procedure for implementing and enforcing emission
standards for hazardous air pollutants for stationary sources lo-
cated in such State. If the Administrator finds the State procedure
is adequate, he shall delegate to such State any authority he has
under this Act to implement and enforce such standards (except
with respect to stationary sources owned or operated by the
United States).
"(2) Nothing in this subsection shall prohibit the Adminis-
trator from enforcing any applicable emission standard under
this section.
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FEDERAL ENFORCEMENT
"SEC. 113. (a) (1) Whenever, on the basis of any information
available to him, the Administrator finds that any person is in
violation of any requirement of an applicable implementation
plan, the Administrator shall notify the person in violation of the
plan and the State in which the plan applies of such finding. If
such violation extends beyond the 30th day after the date of the
Administrator's notification, the Administrator may issue an
order requiring such person to comply with the requirements of
such plan or he may bring a civil action in accordance with
subsection (b).
"(2) Whenever, on the basis of information available to him,
the Administrator finds that violations of an applicable imple-
mentation plan are so widespread that such violations appear to
result from a failure of the State in which the plan applies to
enforce the plan effectively, he shall so notify the State. If the
Administrator finds such failure extends beyond the thirtieth day
after such notice, he shall give public notice of such finding, (A)dur-
ing the period beginning with such public notice and ending when
such State satisfies the Administrator that it will enforce such
plan (hereafter referred to in this section as 'period of Federally
assumed enforcement') (B) the Administrator may enforce any
requirement of such plan with respect to any person—
" (A) by issuing an order to comply with such requirement,
or
"(B) by bringing a civil action under subsection (b).
"(3) Whenever, on the basis of any information available to
him, the Administrator fin,ds that any person is in violation of
section 111 (e) (relating to new source performance standards) or
112(c) (relating to standards for hazardous emissions), or
119(g) (relating to energy-related authorities), or is in violation
of any requirement of section 114 (relating to inspections, etc.),
he may issue an order requiring such person to comply with
such section or requirement, or he may bring a civil action in
accordance with subsection (b).
"(4) An order issued under this subsection (other than an
order relating to a violation of section 112) shall not take effect
until the person to whom it is issued has had an opportunity to
confer with the Administrator concerning the alleged violation. A
copy of any order issued under this subsection shall be sent to the
State air pollution control agency of any State in which the viola-
tion occurs. Any order issued under this subsection shall state
with reasonable specificity the nature of the violation, specify a
time for compliance which the Administrator determines is rea-
sonable, taking into account the seriousness of the violation and
any good faith efforts to comply with applicable requirements. In
any case in which an order under this subsection (or notice to a
violator under paragraph (1)) is issued to a corporation, a copy
of such order (or notice) shall be issued to appropriate corporate
officers.
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"(b) The Administrator may commence a civil action for ap-
propriate relief, including a permanent or temporary injunction,
whenever any person—
"(1) violates or fails or refuses to comply with any order
issued under subsection (a) ; or
"(2) violates any requirement of an applicable implement-
ation plan (A) during any period of Federally assumed en-
forcement, or (B) more than 30 days after having been
notified by the Administrator under subsection (a) (1) of a
finding that such person is violating such requirement; or
"(3) violates section lll(e), 112(c), or 119(g) ; or
"(4) fails or refuses to comply with any requirement of
section 114.
Any action under this subsection may be brought in the district
court of the United States for the district in which the defendant
is located or resides or is doing business, and such court shall have
jurisdiction to restrain such violation and to require compliance.
Notice of the commencement of such action shall be given to the
appropriate State air pollution control agency.
"(c) (1) Any person who knowingly—
" (A) violates any requirement of an applicable implement-
ation plan (i) during any period of Federally assumed enforce-
ment, or (ii) more than 30 days after having been notified by
the Administrator under subsection (a)(l) that such person
is violating such requirement, or
"(B) violates or fails or refuses to comply with any order
issued by the Administrator under subsection (a), or
"(C) violates section lll(e), section 112(c), or section
119(g) shall be punished by a fine of not more than $25,000 per
day of violation, or by imprisonment for not more than one year,
or by both. If the conviction is for a violation committed after
the first conviction of such person under this paragraph, punish-
ment shall be by a fine of not more than $50,000 per day of
violation, or by imprisonment for not more than two years, or
by both.
"(2) Any person who knowingly makes any false statement,
representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under
this Act or who falsifies, tampers with, or knowingly renders in-
accurate any monitoring device or method required to be main-
tained under this Act, shall upon conviction, be punished by a fine
of not more than $10,000, or by imprisonment for not more than
six months, or by both.
INSPECTIONS, MONITORING, AND ENTRY
"SEC. 114. (a) For the purpose (i) of developing or assisting in
the development of any implementation plan under section 110 or
lll(d), any. standard of performance under section 111, or any
emission standard under section 112;(ii) of determining whether
any person is in violation of any such standard or any requirement
of such a plan, or (iii) carrying out section 119 or 303—
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"(1) the Administrator may require the owner or operator
of any emission source to (A) establish and maintain such
records, (B) make such reports, (C) install, use, and main-
tain such monitoring equipment or methods, (D) sample such
emissions (in accordance with such methods, at such loca-
tions, at such intervals, and in such manner as the Ad-
ministrator shall prescribe), and (E) provide such other
information, as he may reasonably require; and
"(2) the Administrator or his authorized representative,
upon presentation of his credentials—
"(A) shall have a right of entry to, upon, or through
any premises in which an emission source is located or
in which any records required to be maintained under
paragraph (1) of this section are located, and
"(B) may at reasonable times have access to and copy
any records, inspect any monitoring equipment or
method required under paragraph (1), and sample any
emissions which the owner or operator of such source is
required to sample under paragraph (1).
"(b) (1) Each State may develop and submit to the Adminis-
trator a procedure for carrying out this section in such State. If
the Administrator finds the State procedure is adequate, he may
delegate to such State any authority he has to carry out this sec-
tion (except with respect to new sources owned or operated by
the United States).
"(2) Nothing in this subsection shall prohibit the Adminis-
trator from carrying out this section in a State.
"(c) Any records, reports or information obtained under sub-
section (a) shall be available to the public, except that upon a
showing satisfactory to the Administrator by any person that
records, reports, or information, or particular part thereof, (other
than emission data) to which the Administrator has access under
this section if made public, would divulge methods or processes
entitled to protection as trade secrets of such person, the Adminis-
trator shall consider such record, report, or information or par-
ticular portion thereof confidential in accordance with the purposes
of section 1905 of title 18 of the United States Code, except that
such record, report, or information may be disclosed to other
officers, employees, or authorized representatives of the United
States concerned with carrying out this Act or when relevant in
any proceeding under this Act.
ABATEMENT BY MEANS OF CONFERENCE PROCEDURE
IN CERTAIN CASES
"SEC. 115. (a) The pollution of the air in any State or States
which endangers the health or welfare of any persons and which
is covered by subsection (b) or (c) shall be subject to abatement
as provided in this section.
"(b) (1) Whenever requested by the Governor of any State, a
State air pollution control agency, or (with the concurrence of the
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Governor and the State air pollution control agency for the State
in which the municipality is situated) the governing body of any
municipality, the Administrator shall, if such request refers to
air pollution which is alleged to endanger the health or welfare of
persons in a State other than that in which the discharge or dis-
charges (causing or contributing to such pollution) originate,
give formal notification thereof to the air pollution control agency
of the municipality where such discharge or discharges originate,
to the air pollution control agency of the State in which such
municipality is located, and to the interstate air pollution control
agency, if any, in whose jurisdictional area such municipality is
located, and shall call promptly a conference of such agency or
agencies and of the air pollution control agencies of the munici-
palities which may be adversely affected by such pollution, and
the air pollution control agency, if any, of each State, or for each
area, in which any such municipality is located.
"(2) Whenever requested by the Governor of any State, a State
air pollution control agency, or (with the concurrence of the Gov-
ernor and the State air pollution control agency for the State in
which the municipality is situated) the governing body of any
municipality, the Administrator shall, if such request refers to
alleged air pollution which is endangering the health or welfare
of persons only in the State in which the discharge or discharges
(causing or contributing to such pollution) originate and if a
municipality affected by such air pollution, or the municipality in
which such pollution originates, has either made or concurred in
such request, give formal notification thereof to the State air pol-
lution control agency, to the air pollution control agencies of the
municipality where such discharge or discharges originate, and of
the municipality or municipalities alleged to be adversely affected
thereby, and to any interstate air pollution control agency, whose
jurisdictional area includes any such municipality and shall
promptly call a conference of such agency or agencies, unless in
the judgment of the Administrator, the effect of such pollution is
not of such significance as to warrant exercise of Federal jurisdic-
tion under this section.
"(3) The Administrator may, after consultation with State
officials of all affected States, also call such a conference whenever,
on the basis of reports, surveys, or studies, he has reason to be-
lieve that any pollution referred to in subsection (a) is occurring
and is endangering the health and welfare of persons in a State
other than that in which the discharge or discharges originate.
The Administrator shall invite the cooperation of any municipal,
State, or interstate air pollution control agencies having jurisdic-
tion in the affected area on any surveys or studies forming the
basis of conference action.
"(4) A conference may not be called under this subsection with
respect to an air pollutant for which (at the time the conference
is called) a national primary or secondary ambient air quality
standard is in effect under section 109.
"(c) Whenever the Administrator, upon receipt of reports, sur-
veys, or studies from any duly constituted international agency,
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has reason to believe that any pollution referred to in subsection
(a) which endangers the health or welfare of persons in a foreign
country is occurring, 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 air pollution control agency of
the municipality where such discharge or discharges originate, to
the air pollution control agency of the State in which such munici-
pality is located, and to the interstate air pollution control agency,
if any, in the jurisdictional area of which such municipality is
located, and shall call promptly a conference of such agency or
agencies. The Administrator shall invite the foreign country
which may be adversely affected by the pollution to attend and
participate in the conference, and the representative of such coun-
try shall, for the purpose of the conference and any further pro-
ceeding resulting from such conference, have all the rights of a
State air pollution control agency. This subsection 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 subsection.
" (d) (1) The agencies called to attend any conference under this
section may bring such persons as they desire to the conference.
The Administrator shall deliver to such agencies and make avail-
able to other interested parties, at least thirty days prior to any
such conference, a Federal report with respect to the matters be-
fore the conference, including data and conclusions or findings
(if any) ; and shall give at least thirty days' prior notice of the
conference date to any such agency, and to the public by publica-
tion on at least three different days in a newspaper or newspapers
of general circulation in the area. The chairman of the conference
shall give interested parties an opportunity to present their views
to the conference with respect to such Federal report, conclusions
or findings (if any), and other pertinent information. The Ad-
ministrator shall provide that a transcript be maintained of the
proceedings of the conference and that a copy of such transcript
be made available on request of any participant in the conference
at the expense of such participant.
" (2) Following this conference, the Administrator shall prepare
and forward to all air pollution control agencies attending the
conference a summary of conference discussions including (A)
occurrence of air pollution subject to abatement under this Act;
(B) adequacy of measures taken toward abatement of the pollu-
tion; and (C) nature of delays, if any, being encountered in abat-
ing the pollution.
" (e) If the Administrator believes, upon the conclusion of the
conference or thereafter, that effective progress toward abatement
of such pollution is not being made and that the health or welfare
of any persons is being endangered, he shall recommend to the ap-
propriate State, interstate, or municipal air pollution control
agency (or to all such agencies) that the necessary remedial ac-
tion be taken. The Administrator shall allow at least six months
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from the date he makes such recommendations for the taking of
such recommended action.
"(f) (1) If, at the conclusion of the period so allowed, such re-
medial action or other action, which in the judgment of the Ad-
ministrator is reasonably calculated to secure abatement of such
pollution has not been taken, the Administrator shall call a public
hearing, to be held in or near one or more of the places where the
discharge or discharges causing or contributing to such pollution
originated, before a hearing board of five or more persons ap-
pointed by the Administrator. Each State in which any discharge
causing or contributing to such pollution originates and each State
claiming to be adversely affected by such pollution shall be given
an opportunity to select one member of such hearing board and
each Federal department, agency, or instrumentality having a
substantial interest in the subject matter as determined by the
Administrator shall be given an opportunity to select one member
of such hearing board, and one member shall be a representative
of the appropriate interstate air pollution agency if one exists,
and not less than a majority of such hearing board shall be per-
sons other than officers or employees of the Environmental Pro-
tection Agency. At least three weeks' prior notice of such hearing
shall be given to the State, interstate, and municipal air pollution
control agencies called to attend such hearing and to the alleged
polluter or polluters. All interested parties shall be given a reason-
able opportunity to present evidence to such hearing board.
"(2) On the basis of evidence presented at such hearing, the
hearing board shall make findings as to whether pollution referred
to in subsection (a) is occurring and whether effective progress
toward abatement thereof is being made. If the hearing board
finds such pollution is occurring and effective progress toward
abatement thereof is not being made it shall make recommenda-
tions to the Administrator concerning the measures, if any, which
it finds to be reasonable and suitable to secure abatement of such
pollution.
"(3) The Administrator shall send such findings and recom-
mendations to the person or persons discharging any matter caus-
ing or contributing to such pollution; to air pollution control
agencies of the State or States and of the municipality or munici-
palities where such discharge or discharges originate; and to any
interstate air pollution control agency whose jurisdictional area
includes any such municipality, together with a notice specifying
a reasonable time (not less than six months) to secure abatement
of such pollution.
" (g) If action reasonably calculated to secure abatement of the
pollution within the time specified in the notice following the
public hearing is not taken the Administrator—
"(1) in the case of pollution of air which is endangering the
health or welfare of persons (A) in a State other than that
in which the discharge or discharges (causing or contributing
to such pollution) originate, or (B) in a foreign country
which has participated in a conference called under subsec-
tion (c) of this section and in all proceedings under this
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section resulting from such conference, may request the At-
torney General to bring a suit on behalf of the United States
in the appropriate United States district court to secure
abatement of the pollution;
"(2) in the case of pollution of air which is endangering
the health or welfare of persons only in the State in which
the discharge or discharges (causing or contributing to such
pollution) originate, at the request of the Governor of such
State, shall provide such technical and other assistance as in
his judgment is necessary to assist the State in judicial pro-
ceedings to secure abatement of the pollution under State or
local law or, at the request of the Governor of such State,
shall request the Attorney General to bring suit on behalf of
the United States in the appropriate United States district
court to secure abatement of the pollution.
" (h) The court shall receive in evidence in any suit brought in
a United States court under subsection (g) of this section a tran-
script of the proceedings before the board and a copy of the
board's recommendations and shall receive such further evidence
as the court in its discretion deems proper. The court, giving due
consideration to the practicability of complying with such stand-
ards as may be applicable and to the physical and economic feasi-
bility of securing abatement of any pollution proved, shall have
jurisdiction to enter such judgment, and orders enforcing such
judgment, as the public interest and the equities of the case may
require.
" (i) Members of any hearing board appointed pursuant to sub-
section (f) who are not regular full-time officers or employees of
the United States shall, while participating in the hearing con-
ducted by such board or otherwise engaged on the work of such
board, be entitled to receive compensation at a rate fixed by the
Administration, but not exceeding $100 per diem, including trav-
eltime, and while away from their homes or regular places of
business they may be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for
persons in the Government service employed intermittently.
"(j) (1) In connection with any conference called under this
section, the Administrator is authorized to require any person
whose activities result in the emission of air pollutants causing or
contributing to air pollution to file with him, in such form as he
may prescribe, a report, based on existing data, furnishing to the
Administrator such information as may reasonably be required
as to thej character, kind, and quantity of pollutants discharged
and the use of devices or other means to prevent or reduce the
emission of pollutants by the person filing such a report. After a
conference has been held with respect to any such pollution the
Administrator shall require such reports from the person whose
activities result in such pollution only to the extent recommended
by such conference. Such report shall be made under oath or
otherwise, as the Administrator may prescribe, and shall be filed
with the Administrator within such reasonable period as the Ad-
ministrator may prescribe, unless additional time be granted by
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27
the Administrator. No person shall be required in such report to
divulge trade secrets or secret processes and all information re-
ported shall be considered confidential for the purposes of section
19,05 of title 18 of the United States Code.
"(2) If any person required to file any report under this sub-
section shall fail to do so within the time fixed by the Adminis-
trator for filing the same, and such failure shall continue for
thirty days after notice of such default, such person shall forfeit
to the United States the sum of $100 for each and every day of
the continuance of such failure, which forfeiture shall be payable
into the Treasury of the United States, and shall be recoverable
in a civil suit in the name of the United States brought in the dis-
trict where such person has his principal office or in any district
in which he does business: Provided, that the Administrator may
upon application therefore remit or mitigate any forfeiture pro-
vided for under this subsection and he shall have authority to
determine the facts upon all such applications.
"(3) It shall be the duty of the various United States attorneys,
under the direction of the Attorney General of the United States,
to prosecute for the recovery of such forfeitures.
"(k) No order or judgment under this section, or settlement,
compromise, or agreement respecting any action under this sec-
tion (whether or not entered or made before the date of enactment
of the Clean Air Amendments of 1970) shall relieve any person of
any obligation to comply with any requirement of an applicable
implementation plan, or with any standard prescribed under sec-
tion 111 or 112.
RETENTION OF STATE AUTHORITY
"SEC. 116. Except as otherwise provided in sections 119(c),
(e), and (f), 209, 211 (c) (4), and 233 (preempting certain State
regulation of moving sources) nothing in this Act shall preclude
or deny the right of any State or political subdivision thereof to
adopt or enforce (1) any standard or limitation respecting emis-
sions 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 111 or 112, such State or political subdivision
may not adopt or enforce any emission standard or limitation
which is less stringent than the standard or limitation under
such plan or section.
PRESIDENT'S AIR QUALITY ADVISORY BOARD
AND ADVISORY COMMITTEES
"SEC. 117. (a) (1) There is hereby established in the Environ-
mental Protection Agency an Air Quality Advisory Board, com-
posed of the Administrator or his designee, who shall be
Chairman, and fifteen members appointed by the President, none
of whom shall be Federal officers or employees. The appointed
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members, having due regard for the purposes of this Act, shall be
selected from among representatives of various State, interstate,
and local governmental agencies, of public or private interests
contributing to, affected by, or concerned with air pollution, and
of other public and private agencies, organizations, or groups
demonstrating an active interest in the field of air pollution pre-
vention and control, as well as other individuals who are expert
in this field.
" (2) Each member appointed by the President shall hold office
for a term of three years, except that (A) any member appointed
to fill a vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed for the
remainder of such term, and (B) the terms of office of the
members first taking office pursuant to this subsection shall expire
as follows: five at the end of one year after the date of appoint-
ment, five at the end of two years after such date, and five at the
end of three years after such date, as designated by the President
at the time of appointment, and (C) the term of any member
under the preceding provisions shall be extended until the date on
which his successor's appointment is effective. None of the
members shall be eligible for reappointment within one year after
the end of his preceding term, unless such term was for less than
three years.
" (b) The Board shall advise and consult with the Administrator
on matters of policy relating to the activities and functions of the
Administrator under this Act and make such recommendations as
it deems necessary to the President.
"(c) Such clerical and technical assistance as may be necessary
to discharge the duties of the Board and such other advisory com-
mittees as hereinafter authorized shall be provided from the per-
sonnel of the Environmental Protection Agency.
"(d) In order to obtain assistance in the development and im-
plementation of the purposes of this Act, including air quality
criteria, recommended control techniques, standards, research and
development, and to encourage the continued efforts on the part
of industry to improve air quality and to develop economically
feasible methods for the control and abatement of air pollution,
the Administrator shall from time to time establish advisory com-
mittees. Committee members shall include, but not be limited to,
persons who are knowledgeable concerning air quality from the
standpoint of health, welfare, economics, or technology.
"(e) The members of the Board and other advisory committees
appointed pursuant to this Act who are not officers or employees
of the United States while attending conferences or meetings of
the Board or while otherwise serving at the request of the Ad-
ministrator, shall be entitled to receive compensation at a rate to
be fixed by the Administrator, but not exceeding $100 per diem,
including traveltime, and while away from their homes or regular
places of business they may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of
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title 5 of the United States Code for persons in the Government
service employed intermittently.
" (f) Prior to—
"(1) issuing criteria for an air pollutant under section
108 (a) (2),
(2) publishing any list under section lll(b) (1) (A) or
"(3) publishing any standard under section lll(b) (1) (B)
or section 112(b) (1) (B), or
"(4) publishing any regulation under section 202(a),
the Administrator shall, to the maximum extent practicable
within the time provided, consult with appropriate advisory com-
mittees, independent experts, and Federal departments and
agencies.
CONTROL OF POLLUTION FROM FEDERAL FACILITIES
"SEC. 118. Each department, agency, and instrumentality of the
executive, legislative, and judicial branches of the Federal Gov-
ernment (1) having jurisdiction over any property or facility, or
(2) engaged in any activity resulting, or which may result, in the
discharge of air pollutants, shall comply with Federal, State, in-
terstate, and local requirements respecting control and abatement
of air pollution to the same extent that any person is subject to
such requirements. The President may exempt any emission
source of any department, agency, or instrumentality in the execu-
tive branch from compliance with such a requirement if he deter-
mines it to be in the paramount interest of the United States to do
so, except that no exemption may be granted from section 111,
and an exemption from section 112 may be granted only in accord-
ance with section 112 (c). No such exemption shall be granted due
to lack of appropriation unless the President shall have specifically
requested such appropriation as a part of the budgetary process
and the Congress shall have failed to make available such re-
quested appropriation. Any exemption shall be for a period not in
excess of one year, but additional exemptions may be granted for
periods not to exceed one year upon the President's making a
new determination. The President shall report each January to
the Congress all exemptions from the requirements of this section
granted during the preceding calendar year, together with his
reason for granting each such exemption.
ENERGY-RELATED AUTHORITY
"Sec. 119(a) For purposes of this section:
"(1) The term 'stationary source fuel or emission limita-
tion' means any emission limitation, schedule or timetable
of compliance, or other requirement, which is prescribed
under this Act (other than this section, or section lll(b),
112, or 303) or contained in an applicable implementation
plan (other than a requirement imposed under authority
described in section 110(a)(2) (F)(v)), and which limits, or
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is designed to limit, stationary source emissions resulting
from combustion of fuels, including a prohibition on, or
specification of, the use of any fuel of any type, grade, or
pollution characteristic.
"(2) The term 'air pollution requirement' means any
emission limitation, schedule or timetable for compliance,
or other requirement, which is prescribed under any Fed-
eral, State, or local law or regulation, including this Act
(except for any requirement prescribed under subsection
(c) or (d) of this section, section 110 (a) (2) (F) (v), or
section 303), and which limits stationary source emissions
resulting from combustion of fuels (including a prohibition
on, or specification of, the use of any fuel of any type, grade,
or pollution characteristic).
"(3) The terms 'stationary source' and 'source' have the
same meaning as the term 'stationary source' has under
section 111 (a) (3) ; except that such terms include any owner
or operator (as denned in section 111 (a) (5)) of such source.
"(4) The term 'coal' includes coal derivatives.
"(5) The term 'primary standard condition' means a
limitation, requirement, or other measure, prescribed by
the Administrator under subsection (d) (2) (A) of this sec-
tion.
"(6) The term 'regional limitation' means the requirement
of subsection (c) (2) (D) of this section.
"(b)(l)(A) The Administrator may, for any period begin-
ning on or after the date of enactment of this section and ending
on or before June 30, 1975, temporarily suspend an stationary
source fuel or emission limitation as it applies to any person—
"(i) if the Administrator finds that such person will be un-
able to comply with any such limitation during such period
solely because of unavailability of types or amounts of fuels
(unless such unavailability results from an order under sec-
tion 2 (a) of the Energy Supply and Environmental Coordi-
nation Act of 1974), or
"(ii) if such person is a source which is described in sub-
section (c) (1) (A) or (B) of this section and which has
converted to coal, and the Administrator finds that the source
will be able to comply during the period of the suspension
with all primary standard conditions which will be applicable
to such source.
Any suspension under this paragraph, the imposition of any
interim requirement on which suspension is conditioned under
paragraph (3) of this subsection, and the imposition of any
primary standard condition which relates to such suspension,
shall be exempted from any procedural requirements set forth
in this Act or in any other provision of Federal, State, or local
law; except as provided in subparagraph (B) of this paragraph.
"(B) The Administrator shall give notice to the public and
afford interested persons an opportunity for written and oral
presentations of data, views, and arguments prior to issuing a
suspension under subparagraph (A), or denying an application for
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such a suspension, unless otherwise provided by the Administra-
tor for good cause found and published in the Federal Register.
In any case, before issuing such a suspension, he shall give actual
notice to the Governor of the State in which the affected source
or sources are located, and to appropriate local governmental
officials (as determined by the Administrator). The issuing or
denial of such a suspension, the imposition of an interim re-
quirement, and the imposition of any primary standard condition
shall be subject to judicial review only on the grounds specified
in paragraph (2)(B), (2)(C), or (2)(D), of section 706 of title
5, United States Code, and shall not be subject to any proceeding
under section 304 (a) (2) or 307 (b) and (c) of this Act.
"(2) In issuing any suspension under paragraph (1), the
Administrator is authorized to act on his own motion or upon
application by any person (including a public officer or public
agency).
"(3) Any suspension under paragraph (1) shall be condi-
tioned upon compliance with such interim requirements as the
Administrator determines are reasonable and practicable. Such
interim requirements shall include, but need not be limited to,
(A) a requirement that the persons receiving the suspension
comply with such reporting requirements as the Administrator
determines may be necessary, (B) such measures as the Admin-
istrator determines are necessary to avoid an imminent and
substantial endangerment to health of persons, and (C) in the
case of a suspension under paragraph (l)(A)(i), requirements
that the suspension shall be inapplicable during any period during
which fuels which would enable compliance with the suspended sta-
tionary source fuel or emission limitations are in fact reasonably
available (as determined by the Administrator) to such person.
"(c)(l) Except as provided in paragraph (2) of this sub-
section, the Administrator shall issue a compliance date exten-
sion to any fuel-burning stationary source—
"(A) which is prohibited from using petroleum products
or natural gas by reason of an order which is in effect under
section 2 (a) and (b) of the Energy Supply and Environ-
mental Coordination Act of 1974, or
"(B) which the Administrator determines began con-
version to the use of coal as its primary energy source
during the period beginning on September 15, 1973, and end-
ing on March 15, 1974,
and which, on or after September 15, 1973, converts to the use
of coal as its primary energy source. If a compliance date exten-
sion is issued to a source, such source shall not, until January 1,
1979, be prohibited, by reason of the application of any air
pollution requirement, from burning coal which is available to
such source, except as provided in subsection (d)(3). For pur-
poses of this paragraph, the term 'began conversion' means action
by the source during the period beginning on September 15, 1973,
and ending on March 15, 1974 (such as entering into a contract
binding on such source for obtaining coal, or equipment or
facilities to burn coal; or applying for an air pollution variance
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32
to enable such source to burn coal) which the Administrator finds
evidences a decision (made prior to March 15, 1974) to convert
to burning coal as a result of the unavailability of an adequate
supply of fuels required for compliance with the applicable im-
plementation plan, and a good faith effort to expeditiously carry
out such decision.
"(2) (A) A compliance date extension under paragraph (1)
of this subsection may be issued to a source only if—
(i) the Administrator finds that such source will not be
able to burn coal which is available to such source in com-
pliance with all applicable air pollution requirements without
a compliance date extension,
(ii) the Administrator finds that the source will be able
during the period of the compliance date extension to comply
with all the primary standard conditions which are required
under subsection (d) (2) to be applicable to such source,
and with the regional limitation if applicable to such source,
and
(iii) the source has submitted to the Administrator a plan
for compliance for such source which the Administrator
has approved.
A plan submitted under clause (iii) of the preceding sentence
shall be approved only if it meets the requirements of regula-
tions prescribed under subparagraph (B). The Administrator
shall approve or disapprove any such plan within 60 days after
such plan is submitted.
"(B) Not later than 90 days after the date of enactment of
this section, the Administrator shall prescribe regulations re-
quiring that any source to which a compliance date extension
applies submit and obtain approval of its means for and schedule
of compliance with the requirements of subparagraph (C) of
this paragraph. Such regulations shall include requirements that
such schedules shall include dates by which any such source
must—
"(i) enter into contracts (or other obligations enforceable
against such source) which the Administrator has approved
as being adequate to provide for obtaining a long-term
supply of coal which enables such source to achieve the
emission reduction required by subparagraph (C), or
(ii) if coal which enables such source to achieve such
emission reduction is not available to such source, enter
into contracts (or other obligations enforceable against such
source) which the Administrator has approved as being
adequate to provide for obtaining (I) a long-term supply of
other coal, and (II) continuous emission reduction systems
necessary to permit such source to burn such coal and to
achieve the degree of emission reduction required by sub-
paragraph (C).
Regulations under this subparagraph shall provide that contracts
or other obligations required to be approved under this sub-
paragraph must be approved before they are entered into (except
that a contract or obligation which was entered into before
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the date of enactment of this section may be approved after
such date).
"(C) Regulations under subparagraph (B) shall require that
the source achieve the most stringent degree of emission reduc-
tion that such source would have been required to achieve under
the applicable implementation plan which was in effect on the
date of submittal (under subparagraph (B) of this paragraph)
of the means for and schedule of compliance (or if no applicable
implementation plan was in effect on such date, under the first
applicable implementation plan which takes effect after such
date). Such degree of emission reduction shall be achieved as
soon as practicable, but not later than December 31, 1978; except
that, in the case of a source for which a continuous emission
reduction system is required for sulfur-related emissions, re-
duction of such emissions shall be achieved on a date designated
by the Administrator (but not later than January 1, 1979). Such
regulations shall also include such interim requirements as the
Administrator determines are reasonable and practicable, includ-
ing requirements described in subparagraphs (A) and (B) of
subsection (b) (3) and requirements to file progress reports.
"(D) A source which is issued a compliance date extension
under this subsection, and which is located in an air quality
control region in which a national primary ambient air quality
standard for an air pollutant is not being met, may not emit
such pollutant in amounts which exceed any emission limitation
(and may not violate any other requirement) which applies to
such source, under the applicable implementation plan for such
pollutant. For purposes of this subparagraph, applicability of
any such limitation or requirement to a source shall be deter-
mined without regard to this subsection or subsection (b).
"(3) A source to which this subsection applies may, upon
the expiration of a compliance date extension, receive a one-
year postponement of the application of any requirement of an
applicable implementation plan under the conditions and in the
manner provided in section 110 (f).
"(4) The Administrator shall give notice to the public and
afford an opportunity for oral and written presentations of data,
views, and arguments before issuing any compliance date ex-
tension, prescribing any regulation under paragraph (2) of this
subsection, making any finding under paragraph (2) (A) of this
subsection, imposing any requirement on a source pursuant to
paragraph (2) or any regulation thereunder, prescribing a pri-
mary standard condition under subsection (d) (2) which applies
to a source to which an extension is issued under this subsection,
or acting on any petition under subsection (d) (2) (C).
"(d)(l)(A) Whenever the Federal Energy Administrator
issues an order under section 2 (a) of the Energy Supply and
Environmental Coordination Act of 1974 which will not apply
after June 30, 1975, the Administrator of the Environmental
Protection Agency shall certify to him—
"(i) in the case of a source to which no suspension will
be issued under subsection (b), the earliest date on which
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such source will be able to burn coal and to comply with all
applicable air pollution requirements, or
"(ii) in the case of a source to which a suspension will
be issued under subsection (b) of this section, the date
determined under paragraph (2) (B) of this subsection.
"(B) Whenever the Federal Energy Administrator issues
an order under section 2 (a) of such Act which will apply after
June 30, 1975, the Administrator of the Environmental Protec-
tion Agency shall notify him if such source will be able, on and
after July 1, 1975, to burn coal and to comply with all applicable
air pollution requirements without a compliance date extension
under subsection (c). If such notification is not given—
"(i) in the case of a source which is eligible for a com-
pliance date extension under subsection (c), the Admin-
istrator of the Environmental Protection Agency shall cer-
tify to the Federal Energy Administrator the date deter-
mined under paragraph (2) (B) of this subsection, and
"(ii) in the case of a source which is not eligible for such
an extension, the Administrator of the Environmental Pro-
tection Agency shall certify to the Federal Energy Admin-
istrator the earliest date on which the source will be able
to burn coal and to comply with all applicable air pollution
requirements.
"(2) (A) The Administrator of the Environmental Protec-
tion Agency, after consultation with appropriate States, shall
prescribe (and may from time to time, after such consultation,
modify) emission limitations, requirements respecting pollution
characteristics of coal, or other enforceable measures for control
of emissions, for each source to which a suspension under sub-
section (b) (1) (A) (ii) will apply, and for each source to which a
compliance date extension under subsection (c) (1) will apply.
Such limitations, requirements, and measures shall be those
which he determines must be complied with by the source in
order to assure (throughout the period that the suspension or
extension will be in effect) that the burning of coal by such
source will not result in emissions which cause or contribute to
concentrations of any air pollutant in excess of any national
primary ambient air quality standard for such pollutant.
"(B) Whenever the Administrator prescribes a limitation,
requirement, or measure under subparagraph (A) of this para-
graph with respect to a source, he shall determine the earliest
date on which such source will be able to comply with such
limitation, requirement, or measure, and with any regional limi-
tation applicable to such source.
"(C) An air pollution control agency may petition the Ad-
ministrator (A) to modify any limitation, requirement, or other
measure under this paragraph so as to assure compliance with
the requirements of this paragraph, or (B) to issue to the Federal
Energy Administration the certification described in paragraph
(3) (B) on the grounds described in clause (iii) thereof. The
Administrator shall take the action requested in the petition, or
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35
deny the petition, within 90 days after the date of receipt of the
petition.
"(3) (A) If the Administrator determines that a source to
which a suspension under subsection (b) (1) (A) (ii) or to which
a compliance date extension under subsection (c) (1) applies
is not in compliance with any primary standard condition, or
that a source to which a compliance date extension applies is
not in compliance with a regional limitation applicable to it, he
shall (except as provided in subparagraph (B)) either—
"(i) enforce compliance with such condition or limitation
under section 113, or
"(ii) (after notice to the public and affording an oppor-
tunity for interested persons to present data, views, and
arguments, including oral presentations, to the extent prac-
ticable) revoke such suspension or compliance date exten-
sion.
"(B) If the Administrator finds that for any period—
"(i) a source, to which an order under section 2(a) of
the Energy Supply and Environmental Coordination Act
of 1974 applies, will be unable to comply with a primary
standard condition or regional limitation,
"(ii) such a source will not be in compliance with such
a condition or limitation, but such condition or limitation
cannot be enforced because of a court order restraining
its enforcement, or
"(iii) the burning of coal by such a source will result in
an increase in emissions of any air pollutant for which
national ambient air quality standards have not been
promulgated (or an air pollutant which is transformed in
the atmosphere into an air pollutant for which such a
standard has not been promulgated), and that such increase
may cause (or materially contribute to) a significant risk
to public health,
he shall notify the Federal Energy Administrator of his finding
and certify the period for which such order under such section
2 (a) shall not be in effect with respect to such source. Subject
to the conditions of the preceding sentence, such certification
may be modified from time to time. For purposes of this sub-
section, subsection (c), and section 2(a) or (b) of the Energy
Supply and Environmental Coordination Act of 1974, a source
shall be considered unable to comply with an air pollution
requirement (including a primary standard condition or regional
limitation) only if necessary technology or other alternative
methods of control are not available or have not been available
for a sufficient period of time.
"(4) Nothing in this Act shall prohibit a State, political
subdivision of a State, or agency or instrumentality of either,
from enforcing any primary standard condition or regional
limitation.
"(5) A conversion to coal (A) to which a suspension under
subsection (b) or a compliance date extension under subsection
(c) applies or (B) by reason of an order under section 2 (a) of
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36
the Energy Supply and Environmental Coordination Act of 1974
shall not be deemed to be a modification for purposes of section
111 (a) (2) and (4) of this Act.
"(e) The Administrator may, by rule, establish priorities
under which manufacturers of continuous emission reduction
systems necessary to carry out subsection (c) shall provide
such systems to users thereof, if he finds that priorities must
be imposed in order to assure that such systems are first pro-
vided to sources in air quality control regions in which national
primary ambient air quality standards have not been achieved.
No rule under this subsection may impair the obligation of any
contract entered into before the date of enactment of this
section. To the extent necessary to carry out this section, the
Administrator may prohibit any State or political subdivision
of a State, or an agency or instrumentality of either, from
requiring any person to use a continuous emission reduction
system for which priorities have been established under this
subsection, except in accordance with such priorities.
"(f) No State, political subdivision of a State, or agency or
instrumentality of either, may require any person to whom a
suspension has been issued under subsection (b) (1) to use any
fuel the unavailability of which is the basis of such person's
suspension (except that this subsection shall not apply to re-
quirements under subsection (b) (3) or subsection (d) (2)).
"(g)(l) It shall be unlawful for any person to whom a
suspension has been issued under subsection (b) (1) to violate
any requirement on which the suspension is conditioned pursuant
to subsection (b) (3) or any primary standard condition ap-
plicable to him.
"(2) It shall be unlawful for any person to fail to comply
with any requirement under subsection (c), or any regulation,
plan, or schedule thereunder (including a primary standard
condition or regional limitation), which is applicable to such
person.
"(3) It shall be unlawful for any person to violate any
rule under subsection (e).
"(4) It shall be unlawful for any person to fail to comply
with an interim requirement under subsection (i) (3).
"(h) Nothing in this section shall affect the power of the
Administrator to deal with air pollution presenting an imminent
and substantial endangerment to the health of persons under
section 303 of this Act.
"(i)(l) In order to reduce the likelihood of early phaseout
of existing electric generating powerplants, any electric generat-
ing powerplant (A) which, because of the age and condition of
the plant, is to be taken out of service permanently no later
than January 1, 1980, according to the power supply plan (in
existence on January 1, 1974) of the owner or operator of such
plant, (B) for which a certification to that effect has been filed
by the owner or operator of the plant with the Environmental
Protection Agency and the Federal Power Commission, and
(C) for which such Commission has determined that the certifi-
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cation has been made in good faith and that the plan to cease
operations no later than January 1, 1980, will be carried out as
planned in light of existing and prospective power supply re-
quirements, shall be eligible for a single one-year postponement
as provided in paragraph (2).
"(2) Prior to the date on which any powerplant eligible
under paragraph (1) is required to comply with any requirement
of an applicable implementation plan, such plant may apply
(with the concurrence of the Governor of the State in which
the plant is located) to the Administrator to postpone the ap-
plicability of such requirement to such plant for not more than
one year. If the Administrator determines, after considering the
risk to public health and welfare which may be associated with a
postponement, that compliance with any such requirement is
not reasonable in light of the projected useful life of the plant,
the availability of rate base increases to pay for the costs of
such compliance, and other appropriate factors, then the Ad-
ministrator shall grant a postponement of any such requirement.
"(3) The Administrator shall, as a condition of any post-
ponement under paragraph (2), prescribe such interim require-
ments as are practicable and reasonable in light of the criteria
in paragraph (2).
"(j)(l) The Administrator may, after public notice and
opportunity for presentation of data, views, and arguments in
accordance with section 553 of title 5, United States Code, and
after consultation with the Federal Energy Administrator,
designate persons with respect to whom fuel exchange require-
ments should be imposed under paragraph (2) of this subsection.
The purpose of such designation shall be to avoid or minimize
the adverse impact on public health and welfare of any sus-
pension under subsection (b) of this section or conversion to
coal to which subsection (c) applies or of any allocation under
section 2(d) of the Energy Supply and Environmental Coordina-
tion Act of 1974 or under the Emergency Petroleum Allocation
Act of 1973.
"(2) The Federal Energy Administrator shall exercise his
authority under section 2(d) of the Energy Supply and Environ-
mental Coordination Act of 1974 and under the Emergency
Petroleum Allocation Act of 1973 with respect to persons desig-
nated by the Administrator of the Environmental Protection
Agency under paragraph (1) in order to require the exchange of
any fuel subject to allocation under such Acts effective no later
than forty-five days after the date of such designation, unless
the Federal En'ergy Administrator determines, after consultation
with the Administrator of the Environmental Protection Agency,
that the costs or consumption of fuel, resulting from requiring
such exchange, will be excessive.
"(k) (1) The Administrator shall study, and report to Con-
gress not later than six months after the date of enactment
of this section, with respect to—
"(A) the present and projected impact of fuel shortages
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and fuel allocation programs on the program under this
Act;
"(B) availability of continuous emission reduction tech-
nology (including projections respecting the time, cost, and
number of units available) and the effects that continuous
emission reduction systems would have on the total environ-
ment and on supplies of fuel and electricity;
"(C) the number of sources and locations which must
use such technology based on projected fuel availability
data;
"(D) a priority schedule for installation of continuous
emission reduction technology, based on public health or
air quality;
"(E) evaluation of availability of technology to burn
municipal solid waste in electric powerplants or other major
fuel burning installations, including time schedules, priorities,
analysis of pollutants which may be emitted (including
those for which national ambient air quality standards have
not been promulgated), and a comparison of health benefits
and detriments from burning solid waste and of economic
costs;
"(F) evaluation of alternative control strategies for the
attainment and maintenance of national ambient air quality
standards for sulfur oxides within the time for attainment
prescribed in this Act, including associated considerations
of cost, time for attainment, feasibility, and effectiveness of
such alternative control strategies as compared to station-
ary source fuel and emission regulations;
"(G) proposed priorities, for continuous emission reduc-
tion systems which do not produce solid waste, for sources
which are least able to handle solid waste byproducts of
such systems;
"(H) plans for monitoring or requiring sources to which
this section applies to monitor the impact of actions under
this section on concentrations of sulfur dioxide in the am-
bient air; and
"(I) steps taken pursuant to authority of section 110
(a) (3) (B) of this Act.
"(2) Beginning January 1, 1975, the Administrator shall
publish in the Federal Register, at no less than one-hundred-and-
eighty-day intervals, the following:
"(A) A concise summary of progress reports which are
required to be filed by any person or source owner or oper-
ator to which subsection (c) applies. Such progress reports
shall report on the status of compliance with all requirements
which have been imposed by the Administrator under such
subsection.
"(B) Up-to-date findings on the impact of this section
upon—
"(i) applicable implementation plans, and
"(ii) ambient air quality.
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TITLE II—EMISSION STANDARDS
FOR MOVING SOURCES
SHORT TITLE
"SEC. 201. This title may be cited as the 'National Emission
Standards Act.'
PART A—MOTOR VEHICLE EMISSION
AND FUEL STANDARDS
ESTABLISHMENT OF STANDARDS
"SEC. 202. (a) Except as otherwise provided in subsection (b) —
"(1) The Administrator shall by regulation prescribe (and
from time to time revise) in accordance with the provisions
of this section, standards applicable to the emission of any air
pollutant from any class or classes of new motor vehicles or
new motor vehicle engines, which in his judgment causes or
contributes to, or is likely to cause or to contribute to, air
pollution which endangers the public health or welfare. Such
standards shall be applicable to such vehicles and engines for
their useful life (as determined under subsection (d)),
whether such vehicles and engines are designed as complete
systems or incorporate devices to prevent or control such
pollution.
"(2) Any regulation prescribed under this subsection (and
any revision thereof) shall take effect after such period as
the Administrator finds necessary to permit the development
and application of the requisite technology, giving appropri-
ate consideration to the cost of compliance within such period.
"(b)(l)(A) The regulations under subsection (a) applicable
to emissions of carbon monoxide and hydrocarbons from light
duty vehicles and engines manufactured during or after model
year 1977 shall contain standards which require a reduction of at
least 90 per centum from emissions of carbon monoxide and hy-
drocarbons allowable under the standards under this section ap-
plicable to light duty vehicles and engines manufactured in model
year 1970. The regulations under subsection (a) applicable to
emissions of carbon monoxide and hydrocarbons from light-duty
vehicles and engines manufactured during model years 1975 and
1976 shall contain standards which are identical to the interim
standards which were prescribed (as of December 1, 1973) under
paragraph (5) (A) of this subsection for light-duty vehicles and
engines manufactured during model year 1975.
"(B) The regulations under subsection (a) applicable to emis-
sions of oxides of nitrogen from light duty vehicles and engines
manufactured during or after model year 1976 shall contain
standards which require a reduction of at least 90 per centum
from the average of emissions of oxides of nitrogen actually
measured from light duty vehicles manufactured during model
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year 1971 which are not subject to any Federal or State emission
standard for oxides of nitrogen. Such average of emissions shall
be determined by the Administrator on the basis of measurements
made by him. The regulations under subsection (a) applicable
to emissions of oxides of nitrogen from light-duty vehicles and
engines manufactured during model years 1975 and 1976 shall
contain standards which are identical to the standards which
were prescribed (as of December 1, 1973) under subsection (a)
for light-duty vehicles and engines manufactured during model
year 1975. The regulations under subsection (a) applicable to
emissions of oxides of nitrogen from light-duty vehicles and
engines manufactured during model year 1977 shall contain
standards which provide that such emissions from such vehicles
and engines may not exceed 2.0 grams per vehicle mile.
"(2) Emission standards under paragraph (1), and measure-
ment techniques on which such standards are based (if not pro-
mulgated prior to the date of enactment of the Clean Air Act
Amendments of 1970), shall be prescribed by regulation within
180 days after such date.
"(3) For purposes of this part—
"(A) (i) The term 'model year' with reference to any spe-
cific calendar year means the manufacturer's annual produc-
tion period (as determined by the Administrator) which
includes January 1 of such calendar year. If the manufacturer
has no annual production period, the term 'model year' shall
mean the calendar year.
" (ii) For the purpose of assuring that vehicles and engines
manufactured before the beginning of a model year were not
manufactured for purposes of circumventing the effective
date of a standard required to be prescribed by subsection
(b), the Administrator may prescribe regulations defining
'model year' otherwise than as provided in clause (i).
" (B) The term 'light duty vehicles and engines' means new
light duty motor vehicles and new light duty motor vehicle
engines, as determined under regulations of the
Administrator.
" (4) On July 1 of 1971, and of each year thereafter, the Admin-
istrator shall report to the Congress with respect to the develop-
ment of systems necessary to implement the emission standards
established pursuant to this section. Such reports shall include in-
formation regarding the continuing effects of such air pollutants
subject to standards under this section on the public health and
welfare, the extent and progress of efforts being made to develop
the necessary systems, the costs associated with development and
application of such systems, and following such hearings as he
may deem advisable, any recommendations for additional congres-
sional action necessary to achieve the purposes of this Act. In
gathering information for the purposes of this paragraph and in
connection with any hearing, the provisions of section 307 (a)
(relating to subpenas) shall apply.
"(5) (A) At any time after January 1, 1975, any manufac-
turer may file with the Administrator an application requesting
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the suspension for one year only of the effective date of any
emission standard required by paragraph (1) (A) with respect
to such manufacturer for light-duty vehicles and engines manu-
factured in model year 1977. The Administrator shall make his
determination with respect to any such application within sixty
days. If he determines, in accordance with the provisions of this
subsection, that such suspension should be granted, he shall
simultaneously with such determination prescribe by regulation
interim emission standards which shall apply (in lieu of the
standards required to be prescribed by paragraph (1) (A) of
this subsection) to emissions of carbon monoxide or hydrocarbons
(or both) from such vehicles and engines manufactured during
model year 1977.
"(B) Any interim standards prescribed under this paragraph
shall reflect the greatest degree of emission control which is
achievable by application of technology which the Administrator
determines is available, giving appropriate consideration to the
cost of applying such technology within the period of time avail-
able to manufacturers.
"(C) Within 60 days after receipt of the application for any
such suspension, and after public hearing, the Administrator shall
issue a decision granting or refusing such suspension. The Admin-
istrator shall grant such suspension only if he determines that (i)
such suspension is essential to the public interest or the public
health and welfare of the United States; (ii) all good faith efforts
have been made to meet the standards established by this subsec-
tion; (iii) the applicant has established that effective control tech-
nology, processes, operating methods, or other alternatives are not
available or have not been available for a sufficient period of time
to achieve compliance prior to the effective date of such standards,
and (iv) the study and investigation of the National Academy of
Sciences conducted pursuant to subsection (c) and other informa-
tion available to him has not indicated that technology, processes,
or other alternatives are available to meet such standards.
"(D) Nothing in this paragraph shall extend the effective date
of any emission standard required to be prescribed under this sub-
section for more than one year.
"(c) (1) The Administrator shall undertake to enter into ap-
propriate arrangements with the National Academy of Sciences
to conduct a comprehensive study and investigation of the tech-
nological feasibility of meeting the emissions standards required
to be prescribed by the Administrator by subsection (b) of this
section.
"(2) Of the funds authorized to be appropriated to the Admin-
istrator by this Act, such amounts as are required shall be avail-
able to carry out the study and investigation authorized by
paragraph (1) of this subsection.
"(3) In entering into any arrangement with the National
Academy of Sciences for conducting the study and investigation
authorized by paragraph (1) of this subsection, the Administrator
shall request the National Academy of Sciences to submit semi-
annual reports on the progress of its study and investigation to
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the Administrator and the Congress, beginning not later than
July 1, 1971, and continuing until such study and investigation is
completed.
" (4) The Administrator shall furnish to such Academy at its
request any information which the Academy deems necessary for
the purpose of conducting the investigation and study authorized
by paragraph (1) of this subsection. For the purpose of furnish-
ing such information, the Administrator may use any authority
he has under this Act (A) to obtain information from any person,
and (B) to require such person to conduct such tests, keep such
records, and make such reports respecting research or other ac-
tivities conducted by such person as may be reasonably necessary
to carry out this subsection:
"(d) The Administrator shall prescribe regulations under
which the useful life of vehicles and engines shall be determined
for purposes of subsection (a) (1) of this section and section 207.
Such regulations shall provide that useful life shall—
"(1) in the case of light duty vehicles and light duty
vehicle engines, be a period of use of five years or of fifty
thousand miles (or the equivalent), whichever first occurs;
and
" (2) in the case of any other motor vehicle or motor vehicle
engine, be a period of use set forth in paragraph (1) unless
the Administrator determines that a period of use of greater
duration or mileage is appropriate.
"(e) In the event a new power source or propulsion system for
new motor vehicles or new motor vehicle engines is submitted for
certification pursuant to section 206(a), the Administrator may
postpone certification until he has prescribed standards for any
air pollutants emitted by such vehicle or engine which cause or
contribute to, or are likely to cause or contribute to, air pollution
which endangers the public health or welfare but for which stand-
ards have not been prescribed under subsection (a).
PROHIBITED ACTS
"SEC. 203. (a) The following acts and the causing thereof are
prohibited—
"(1) in the case of a manufacturer of new motor vehicles
or new motor vehicle engines for distribution in commerce,
the sale, or the offering for sale, or the introduction, or de-
livery for introduction, into commerce, or (in the case of any
person, except as provided by regulation of the Adminis-
trator) the importation into the United States of any new
motor vehicle or new motor vehicle engine, manufactured
after the effective date of regulations under this part which
are applicable to such vehicle or engine unless such vehicle or
engine is covered by a certificate of conformity issued (and
in effect) under regulations prescribed under this part (ex-
cept as provided in subsection (b)) ;
" (2) for any person to fail or refuse to permit access to or
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copying of records or to fail to make reports or provide in-
formation, required under section 208;
"(3) for any person to remove or render inoperative any
device or element of design installed on or in a motor vehicle
or motor vehicle engine in compliance with regulations under
this title prior to its sale and delivery to the ultimate pur-
chaser, or for any manufacturer or dealer knowingly to re-
move or render inoperative any such device or element of
design after such sale and delivery to the ultimate purchaser;
or
"(4) for any manufacturer of a new motor vehicle or new
motor vehicle engine subject to standards prescribed under
section 202—
" (A) to sell or lease any such vehicle or engine unless
such manufacturer has complied with the requirements
of section 207 (a) and (b) with respect to such vehicle
or engine, and unless a label or tag is affixed to such
vehicle or engine in accordance with section 207 (c) (3), or
"(B) to fail or refuse to comply with the requirements
of section 207 (c) or (e).
" (b) (1) The Administrator may exempt any new motor vehicle
or new motor vehicle engine from subsection (a), upon such terms
and conditions as he may find necessary for the purpose of re-
search, investigations, studies, demonstrations, or training, or for
reasons of national security.
"(2) A new motor vehicle or new motor vehicle engine offered
for importation or imported by any person in violation of subsec-
tion (a) shall be refused admission into the United States, but the
Secretary of the Treasury and the Administrator may, by joint
regulation, provide for deferring final determination as to admis-
sion and authorizing the delivery of such a motor vehicle or engine
offered for import to the owner or consignee thereof upon such
terms and conditions (including the furnishing of a bond) as may
appear to them appropriate to insure that any such motor vehicle
or engine will be brought into conformity with the standards, re-
quirements, and limitations applicable to it under this part. The
Secretary of the Treasury shall, if a motor vehicle or engine is
finally refused admission under this paragraph, cause disposition
thereof in accordance with the customs laws unless it is exported,
under regulations prescribed by such Secretary, within ninety
days of the date of notice of such refusal or such additional time
as may be permitted pursuant to such regulations, except that
disposition in accordance with the customs laws may not be
made in such manner as may result, directly or indirectly, in the
sale, to the ultimate consumer, of a new motor vehicle or new
motor vehicle engine that fails to comply with applicable stand-
ards of the Administrator under this part.
" (3) A new motor vehicle or new motor vehicle engine intended
solely for export, and so labeled or tagged on the outside of the
container and on the vehicle or engine itself, shall be subject to
the provisions of subsection (a), except that if the country of
export has emission standards which differ from the standards
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prescribed under subsection (a), then such vehicle or engine shall
comply with the standards of such country of export.
" (c) Upon application therefor, the Administrator may exempt
from section 203 (a) (3) any vehicles (or class thereof) manu-
factured before the 1974 model year from section 203(a) (3) for
the purpose of permitting modifications to the emission control
device or system of such vehicle in order to use fuels other than
those specified in certification testing under section 206 (a) (1), if
the Administrator, on the basis of information submitted by the
applicant, finds that such modification will not result in such
vehicle or engine not complying with standards under section 202
applicable to such vehicle or engine. Any such exemption shall
identify (1) the vehicle or vehicles so exempted, (2) the specific
nature of the modification, and (3) the person or class of persons
to whom the exemption shall apply.
INJUNCTION PROCEEDINGS
"SEC. 204. (a) The district courts of the United States shall
have jurisdiction to restrain violations of paragraph (1), (2),
(3), or (4) of section 203(a).
" (b) Actions to restrain such violations shall be brought by and
in tho name of the United States. In any such action, subpenas
for witnesses who are required to attend a district court in any
district may run into any other district.
PENALTIES
"SEC. 205. Any person who violates paragraph (1), (2), (3),
or (4) of section 203 (a) shall be subject to a civil penalty of not
more than $10,000. Any such violation with respect to paragraph
(1), (2), or (4) of section 203 (a) shall constitute a separate of-
fense with respect to each motor vehicle or motor vehicle engine.
MOTOR VEHICLE AND MOTOR VEHICLE ENGINE COMPLIANCE
TESTING AND CERTIFICATION
"SEC. 206. (a) (1) The Administrator shall test, or require to
be tested in such manner as he deems appropriate, any new motor
vehicle or new motor vehicle engine submitted by a manufacturer
to determine whether such vehicle or engine conforms with the
regulations prescribed under section 202 of this Act. If such ve-
hicle or engine conforms to such regulations, the Administrator
shall issue a certificate of conformity upon such terms, and for
such period (not in excess of one year), as he may prescribe.
"(2) The Administrator shall test any emission control system
incorporated in a motor vehicle or motor vehicle engine submitted
to him by any person, in order to determine whether such system
enables such vehicle or engine to conform to the standards re-
quired to be prescribed under section 202 (b) of this Act. If the
Administrator finds on the basis of such tests that such vehicle or
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engine conforms to such standards, the Administrator shall issue
a verification of compliance with emission standards for such
system when incorporated in vehicles of a class of which the
tested vehicle is representative. He shall inform manufacturers
and the National Academy of Sciences, and make available to the
public, the results of such tests. Tests under this paragraph shall
be conducted under such terms and conditions (including require-
ments for preliminary testing by qualified independent labora-
tories) as the Administrator may prescribe by regulations.
"(b) (1) In order to determine whether new motor vehicles or
new motor vehicle engines being manufactured by a manufacturer
do in fact conform with the regulations with respect to which the
certificate of conformity was issued, the Administrator is author-
ized to test such vehicles or engines. Such tests may be conducted
by the Administrator directly or, in accordance with conditions
specified by the Administrator, by the manufacturer.
"(2) (A) (i) If, based on tests conducted under paragraph (1)
on a sample of new vehicles or engines covered by a certificate of
conformity, the Administrator determines that all or part of the
vehicles or engines so covered do not conform with the regulations
with respect to which the certificate of conformity was issued, he
may suspend or revoke such certificate in whole or in part, and
shall so notify the manufacturer. Such suspension or revocation
shall apply in the case of any new motor1 vehicles or new motor
vehicle engines manufactured after the date of such notification
(or manufactured before such date if still in the hands of the
manufacturer), and shall apply until such time as the Adminis-
trator finds that vehicles and engines manufactured by the manu-
facturer do conform to such regulations. If, during any period of
suspension or revocation, the Administrator finds that a vehicle
or engine actually conforms to such regulations, he shall issue a
certificate of conformity applicable to such vehicle or engine.
"(ii) If, based on tests conducted under paragraph (1) on any
new vehicle or engine, the Administrator determines that such
vehicle or engine does not conform with such regulations, he may
suspend or revoke such certificate insofar as it applies to such
vehicle or engine until such time as he finds such vehicle or engine
actually so conforms with such regulations, and he shall so notify
the manufacturer.
"(B) (i) At the request of any manufacturer the Administrator
shall grant such manufacturer a hearing as to whether the tests
have been properly conducted or any sampling methods have been
properly applied, and make a determination on the record with
respect to any suspension or revocation under subparagraph (A) ;
but suspension or revocation under subparagraph (A) shall not
be stayed by reason of such hearing.
" (ii) In any case of actual controversy as to the validity of any
determination under clause (i), the manufacturer may at any
time prior to the 60th day after such determination is made,file a
petition with the United States court of appeals for the circuit
wherein such manufacturer resides or has his principal place of
business for a judicial review of such determination. A copy of
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the petition shall be forthwith transmitted by the clerk of the
court to the Administrator or other officer designated by him for
that purpose. The Administrator thereupon shall file in the court,
the record of the proceedings on which the Administrator based
his determination, as provided in section 2112 of title 28 of the
United States Code.
"(iii) If the petitioner applies to the court for leave to adduce
additional evidence, and shows to the satisfaction of the court that
such additional evidence is material and that there were reason-
able grounds for the failure to adduce such evidence in the pro-
ceeding before the Administrator, the court may order such
additional evidence (and evidence in rebuttal thereof) to be taken
before the Administrator, in such manner and upon such terms
and conditions as the court may deem proper. The Administrator
may modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken and he shall file such
modified or new findings, and his recommendation, if any, for the
modification or setting aside of his original determination, with
the return of such additional evidence.
"(iv) Upon the filing of the petition referred to in clause (ii),
the court shall have jurisdiction to review the order in accordance
with chapter 7 of title 5, United States Code, and to grant appro-
priate relief as provided in such chapter.
"(c) For purposes of enforcement of this section, officers or
employees duly designated by the Administrator, upon presenting
appropriate credentials to the manufacturer or person in charge,
are authorized (1) to enter, at reasonable times, any plant or
other establishment of such manufacturers, for the purpose of
conducting tests of vehicles or engines in the hands of the manu-
facturer, or (2) to inspect at reasonable times, records, files,
papers, processes, controls, and facilities used by such manufac-
turer in conducting tests under regulations of the Administrator.
Each such inspection shall be commenced and completed with
reasonable promptness.
"(d) The Administrator shall by regulation establish methods
and procedures for making tests under this section.
" (e) The Administrator shall announce in the Federal Register
and make available to the public the results of his tests of any
motor vehicle or motor vehicle engine submitted by a manufac-
turer under subsection (a) as promptly as possible after the
enactment of the Clean Air Amendments of 1970 and at the be-
ginning of each model year which begins thereafter. Such results
shall be described in such nontechnical manner as will reasonably
disclose to prospective ultimate purchasers of new motor vehicles
and new motor vehicle engines the comparative performance of
the vehicles and engines tested in meeting the standards pre-
scribed under section 202 of this Act.
COMPLIANCE BY VEHICLES AND ENGINES IN ACTUAL USE
"SEC. 207. (a) Effective with respect to vehicles and engines
manufactured in model years beginning more than 60 days after
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the date of the enactment of the Glean Air Act Amendments of
1970, the manufacturer of each new motor vehicle and new motor
vehicle engine shall warrant to the ultimate purchaser and each
subsequent purchaser that such vehicle or engine is (1) designed,
built, and equipped so as to conform at the time of sale with
applicable regulations under section 202, and (2) free from de-
fects in materials and workmanship which cause such vehicle or
engine to fail to conform with applicable regulations for its useful
life (as determined under sec. 202(d)) .
" (b) If the Administrator determines that (i) there are avail-
able testing methods and procedures to ascertain whether, when
in actual use throughout its useful life (as determined under
section 202(d)), each vehicle and engine to which regulations
under section 202 apply complies with the emission standards of
such regulations, (ii) such methods and procedures are in accord-
ance with good engineering practices, and (iii) such methods and
procedures are reasonably capable of being correlated with tests
conducted under section 206 (a) (1), then—
"(1) he shall establish such methods and procedures by
regulation, and
" (2) at such time as he determines that inspection facilities
or equipment are available for purposes of carrying out test-
ing methods and procedures established under paragraph
(1), he shall prescribe regulations which shall require manu-
facturers to warrant the emission control device or system of
each new motor vehicle or new motor vehicle engine to which
a regulation under section 202 applies and which is manufac-
tured in a model year beginning after the Administrator first
prescribes warranty regulations under this paragraph (2).
The warranty under such regulations shall run to the ulti-
mate purchaser and each subsequent purchaser and shall pro-
vide that if—
"(A) the vehicle or engine is maintained and operated
in accordance with instructions under subsection (c) (3),
"(B) it fails to conform at any time during its useful
life (as determined under section 202(d)) to the regu-
lations prescribed under section 202, and
"(C) such nonconformity results in the ultimate pur-
chaser (or any subsequent purchaser) of such vehicle or
engine having to bear any penalty or other sanction (in-
cluding the denial of the right to use such vehicle or
engine) under State or Federal law,
then such manufacturer shall remedy such nonconformity
under such warranty with the cost thereof to be borne by the
manufacturer.
"(c) Effective with respect to vehicles and engines manufac-
tured during model years beginning more than 60 days after the
date of enactment of the Clean Air Amendments of 1970—
"(1) If the Administrator determines that a substantial
number of any class or category of vehicles or engines,
although properly maintained and used, do not conform to
the regulations prescribed under section 202, when in actual
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use throughout their useful life (as determined under section
202 (d)), he shall immediately notify the manufacturer
thereof of such nonconformity, and he shall require the manu-
facturer to submit a plan for remedying the nonconformity of
the vehicles or engines with respect to which such notification
is given. The plan shall provide that the nonconformity of any
such vehicles or engines which are properly used and main-
tained will be remedied at the expense of the manufacturer.
If the manufacturer disagrees with such determination of
nonconformity and so advises the Administrator, the Admin-
istrator shall afford the manufacturer and other interested
persons an opportunity to present their views and evidence
in support thereof at a public hearing. Unless, as a result of
such hearing the Administrator withdraws such determina-
tion of nonconformity, he shall ,within 60 days after the com-
pletion of such hearing, order the manufacturer to provide
prompt notification of such nonconformity in accordance with
paragraph (2).
"(2) Any notification required by paragraph (1) with re-
spect to any class or category of vehicles or engines shall be
given to dealers, ultimate purchasers, and subsequent pur-
chasers (if known) in such manner and containing such in-
formation as the Administrator may by regulations require.
"(3) The manufacturer shall furnish with each new motor
vehicle or motor vehicle engine such written instructions for
the maintenance and use of the vehicle or engine by the
ultimate purchaser as may be reasonable and necessary to
assure the proper functioning of emission control devices and
systems. In addition, the manufacturer shall indicate by
means of a label or tag permanently affixed to such vehicle or
engine that such vehicle or engine is covered by a certificate
of conformity issued for the purpose of assuring achievement
of emissions standards prescribed under section 202. Such
label or tag shall contain such other information relating to
control of motor vehicle emissions as the Administrator shall
prescribe by regulation.
"(d) Any cost obligation of any dealer incurred as a result of
any requirement imposed by subsection (a), (b), or (c) shall be
borne by the manufacturer. The transfer of any such cost obliga-
tion from a manufacturer to any dealer through franchise or other
agreement is prohibited.
"(e) If a manufacturer includes in any advertisement a state-
ment respecting the cost or value of emission control devices or
systems, such manufacturer shall set forth in such statement the
cost or value attributed to such devices or systems by the Secre-
tary of Labor (through the Bureau of Labor Statistics). The
Secretary of Labor, and his representatives, shall have the same
access for this purpose to the books, documents, papers, and rec-
ords of a manufacturer as the Comptroller General has to those of
a recipient of assistance for purposes of section 311.
"(f) Any inspection of a motor vehicle or a motor vehicle en-
gine for purposes of subsection (c) (1), after its sale to the ulti-
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mate purchaser, shall be made only if the owner of such vehicle or
engine voluntarily permits such inspection to be made, except as
may be provided by any State or local inspection program.
RECORDS AND REPORTS
"SEC. 208. (a) Every manufacturer shall establish and maintain
such records, make such reports, and provide such information as
the Administrator may reasonably require to enable him to deter-
mine whether such manufacturer has acted or is acting in compli-
ance with this part and regulations thereunder and shall, upon
request of an officer or employee duly designated by the Admin-
istrator, permit such officer or employee at reasonable times to
have access to and copy such records.
"(b) Any records, reports or information obtained under sub-
section (a) shall be available to the public, except that upon a
showing satisfactory to the Administrator by any person that
records, reports, or information, or particular part thereof (other
than emission data), to which the Administrator has access under
this section if made public, would divulge methods or processes
entitled to protection as trade secrets of such person, the Admin-
istrator shall consider such record, report, or information or
particular portion thereof confidential in accordance with the
purposes of section 1905 of title 18 of the United States Code,
except that such record, report, or information may be disclosed
to other officers, employees, or authorized representatives of the
United States concerned with carrying out this Act or when rele-
vant in any proceeding under this Act. Nothing in this section
shall authorize the withholding of information by the Administra-
tor or any officer or employee under his control, from the duly
authorized committees of the Congress.
STATE STANDARDS
"SEC. 209. (a) No State or any political subdivision thereof
shall adopt or attempt to enforce any standard relating to the
control of emissions from new motor vehicles or new motor vehicle
engines subject to this part. No State shall require certification,
inspection, or any other approval relating to the control of emis-
sions from any new motor vehicle or new motor vehicle engine as
condition precedent to the initial retail sale, titling (if any), or
registration of such motor vehicle, motor vehicle engine, or
equipment.
"(b) The Administrator shall, after notice and opportunity for
public hearing, waive application of this section to any State
which has adopted standards (other than crankcase emission
standards) for the control of emissions from new motor vehicles
or new motor vehicle engines prior to March 30, 1966, unless he
finds that such State does not require standards more stringent
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than applicable Federal standards to meet compelling and extraor-
dinary conditions or that such State standards and accompanying
enforcement procedures are not consistent with section 202 (a) of
this part.
"(c) Nothing in this part shall preclude or deny to any State or
political subdivision thereof the right otherwise to control, regu-
late, or restrict the use, operation, or movement of registered or
licensed motor vehicles.
STATE GRANTS
"SEC. 210. The Administrator is authorized to make grants to
appropriate State agencies in an amount up to two-thirds of the
cost of developing and maintaining effective vehicle emission de-
vices and systems inspection and emission testing and control
programs, except that—
" (1) no such grant shall be made for any part of any State
vehicle inspection program which does not directly relate to
the cost of the air pollution control aspects of such a program;
"(2) no such grant shall be made unless the Secretary of
Transportation has certified to the Administrator that such
program is consistent with any highway safety program de-
veloped pursuant to section 402 of title 23 of the United
States Code; and
"(3) no such grant shall be made unless the program in-
cludes provisions designed to insure that emission control
devices and systems on vehicles in actual use have not been
discontinued or rendered inoperative.
REGULATION OF FUELS
"SEC. 211. (a) The Administrator may by regulation designate
any fuel or fuel additive and, after such date or dates as may be
prescribed by him, no manufacturer or processor of any such fuel
or additive may sell, offer for sale, or introduce into commerce
such fuel or additive unless the Administrator has registered such
fuel or additive in accordance with subsection (b) of this section.
"(b) (1) For the purpose of registration of fuels and fuel addi-
tives, the Administrator shall require—
"(A) the manufacturer of any fuel to notify him as to the
commercial identifying name and manufacturer of any addi-
tive contained in such fuel; the range of concentration of any
additive in the fuel; and the purpose-in-use of any such addi-
tive ; and
" (B) the manufacturer of any additive to notify him as to
the chemical composition of such additive.
" (2) For the purpose of registration of fuels and fuel additives,
the Administrator may also require the manufacturer of any fuel
or fuel additive—
"(A) to conduct tests to determine potential public health
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effects of such fuel or additive (including, but not limited to,
carcinogenic, teratogenic, or mutagenic effects), and
" (B) to furnish the description of any analytical technique
that can be used to detect and measure any additive in such
fuel, the recommended range of concentration of such addi-
tive, and the recommended purpose-in-use of such additive,
and such other information as is reasonable and necessary to
determine the emissions resulting from the use of the fuel or
additive contained in such fuel, the effect of such fuel or
additive on the emission control performance of any vehicle
or vehicle engine, or the extent to which such emissions affect
the public health or welfare.
Tests under subparagraph (A) shall be conducted in conformity
with test procedures and protocols established by the Administra-
tor. The result- of such tests shall not be considered confidential.
"(3) Upon compliance with the provision of this subsection,
including assurances that the Administrator will receive changes
in the information required, the Administrator shall register such
fuel or fuel additive.
"(c) (1) The Administrator may, from time to time on the basis
of information obtained under subsection (b) of this section or
other information available to him, by regulation, control or pro-
hibit the manufacture, introduction into commerce, offering for
sale, or sale of any fuel or fuel additive for use in a motor vehicle
or motor vehicle engine (A) if any emission products of such fuel
or fuel additive will endanger the public health or welfare, or (B)
if emission products of such fuel or fuel additive will impair to a
significant degree the performance of any emission control device
or system which is in general use, or which the Administrator
finds has been developed to a point where in a reasonable time it
would be in general use were such regulation to be promulgated.
"(2) (A) No fuel, class of fuels, or fuel additive may be con-
trolled or prohibited by the Administrator pursuant to clause (A)
of paragraph (1) except after consideration of all relevant medi-
cal and scientific evidence available to him, including consideration
of other technologically or economically feasible means of achiev-
ing emission standards under section 202.
" (B) No fuel or fuel additive may be controlled or prohibited by
the Administrator pursuant to clause (B) of paragraph (1)
except after consideration of available scientific and economic
data, including a cost benefit analysis comparing emission control
devices or systems which are or will be in general use and require
the proposed control or prohibition with emission control devices
or systems which are or will be in general use and do not require
the proposed control or prohibition. On request of a manufacturer
of motor vehicles, motor vehicle engines, fuels, or fuel additives
submitted within 10 days of notice of proposed rulemaking, the
Administrator shall hold a public hearing and publish findings
with respect to any matter he is required to consider under this
subparagraph. Such findings shall be published at the time of
promulgation of final regulations.
"(C) No fuel or fuel additive may be prohibited by the Admin-
istrator under paragraph (1) unless he finds, and publishes such
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finding, that in his judgment such prohibition will not cause the
use of any other fuel or fuel additive which will produce emissions
which will endanger the public health or welfare to the same or
greater degree than the use of the fuel or fuel additive proposed
to be prohibited.
" (3) (A) For the purpose of obtaining evidence and data to carry
out paragraph (2), the Administrator may requirethemanufacturer
of any motor vehicle or motor vehicle engine to furnish any infor-
mation which has been developed concerning the emissions from
motor vehicles resulting from the use of any fuel or fuel additive,
or the effect of such use on the performance of any emission con-
trol device or system.
"(B) In obtaining information under subparagraph (A), sec-
tion 307 (a) (relating to subpenas) shall be applicable.
"(4) (A) Except as otherwise provided in subparagraph (B)
or (C), no State (or political subdivision thereof) may prescribe
or attempt to enforce, for purposes of motor vehicle emission con-
trol, any control or prohibition respecting use of a fuel or fuel
additive in a motor vehicle or motor vehicle engine—
"(i) if the Administrator has found that no control or
prohibition under paragraph (1) is necessary and has pub-
lished his finding in the Federal Register, or
"(ii) if the Administrator has prescribed under paragraph
(1) a control or prohibition applicable to such fuel or fuel
additive, unless State prohibition or control is identical to
the prohibition or control prescribed by the Administrator.
"(B) Any State for which application of section 209(a) has at
any time been waived under section 209 (b) may at any time
prescribe and enforce, for the purpose of motor vehicle emission
control, a control or prohibition respecting any fuel or fuel
additive.
"(C) A State may prescribe and enforce, for purposes of motor
vehicle emission control, a control or prohibition respecting the
use of a fuel or fuel additive in a motor vehicle or motor vehicle
engine if an applicable implementation plan for such State under
section 110 so provides. The Administrator may approve such pro-
vision in an implementation plan, or promulgate an implementa-
tion plan containing such a provision, only if he finds that the
State control or prohibition is necessary to achieve the national
primary or secondary ambient air quality standard which the plan
implements.
"(d) Any person who violates subsection (a) or the regulations
prescribed under subsection (c) or who fails to furnish any in-
formation required by the Administrator under subsection (b)
shall forfeit and pay to the United States a civil penalty of $10,000
for each and every day of the continuance of such violation, which
shall accrue to the United States and be recovered in a civil suit
in the name of the United States, brought in the district where
such person has his principal office or in any district in which he
does business. The Administrator may, upon application therefor,
remit or mitigate any forfeiture provided for in this subsection
and he shall have authority to determine the facts upon all such
applications.
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DEVELOPMENT OF LOW-EMISSION VEHICLES
"SEC. 212. (a) For the purpose of this section—
"(1) The term 'Board' means the Low-Emission Vehicle
Certification Board.
"(2) The term 'Federal Government' includes the legisla-
tive, executive, and judicial branches of the Government of
the United States, and the government of the District of
Columbia.
"(3) The term 'motor vehicle' means any self-propelled
vehicle designed for use in the United States on the highways,
other than a vehicle designed or used for military field train-
ing, combat, or tactical purposes.
"(4) The term 'low-emission vehicle' means any motor
vehicle which—
" (A) emits any air pollutant in amounts significantly
below new motor vehicle standards applicable under sec-
tion 202 at the time of procurement to that type of
vehicle; and
"(B) with respect to all other air pollutants meets the
new motor vehicle standards applicable under section 202
at the time of procurement of that type of vehicle.
"(5) The term 'retail price' means (A) the maximum stat-
utory price applicable to any class or model of motor vehicle;
or (B) in any case where there is no applicable maximum
statutory price, the most recent procurement price paid for
any class or model of motor vehicle.
"(b) (1) There is established a Low-Emission Vehicle Certifica-
tion Board to be composed of the Administrator or his designee,
the Secretary of Transportation or his designee, the Chairman of
the Council on Environmental Quality or his designee, the Di-
rector of the National Highway Safety Bureau in the Department
of Transportation, the Administrator of General Services, and two
members appointed by the President. The President shall desig-
nate one member of the Board as Chairman.
"(2) Any member of the Board not employed by the United
States may receive compensation at the rate of $125 for each day
such member is engaged upon work of the Board. Each member of
the Board shall be reimbursed for travel expenses, including per
diem in lieu of subsistence as authorized by section 5703 of title 5,
United States Code, for persons in the Government service em-
ployed intermittently.
"(3) (A) The Chairman, with the concurrence of the members
of the Board, may employ and fix the compensation of such addi-
tional personnel as may be necessary to carry out the functions of
the Board, but no individual so appointed shall receive compensa-
tion in excess of the rate authorized for GS-18 by section 5332
of title 5, United States Code.
"(B) The Chairman may fix the time and place of such meet-
ings as may be required, but a meeting of the Board shall be called
whenever a majority of its members so request.
" (C) The Board is granted all other powers necessary for meet-
ing its responsibilities under this section.
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" (c) The Administrator shall determine which models or classes
of motor vehicles qualify as low-emission vehicles in accordance
with the provisions of this section.
"(d) (1) The Board shall certify any class or model of motor
vehicles—
"(A) for which a certification application has been filed in
accordance with paragraph (3) of this subsection;
"(B) which is a low-emission vehicle as determined by the
Administrator; and
" (C) which it determines is suitable for use as a substitute
for a class or model of vehicles at that time in use by agencies
of the Federal Government.
The Board shall specify with particularity the class or model of
vehicles for which the class or model of vehicles described in the
application is a suitable substitute. In making the determination
under this subsection the Board shall consider the following
criteria:
" (i) the safety of the vehicle;
"(ii) its performance characteristics;
"(iii) its reliability potential;
"(iv) its serviceability;
"(v) its fuel availability ;
"(vi) its noise level; and
"(vii) its maintenance costs as compared with the class or
model of motor vehicle for which it may be a suitable sub-
stitute.
"(2) Certification under this section shall be effective for a
period of one year from the date of issuance.
"(3) (A) Any party seeking to have a class or model of vehicle
certified under this section shall file a certification application in
accordance with regulations prescribed by the Board.
"(B) The Board shall publish a notice of each application re-
ceived in the Federal Register.
"(C) The Administrator and the Board shall make determina-
tions for the purpose of this section in accordance with procedures
prescribed by regulation by the Administrator and the Board,
respectively.
"(D) The Administrator and the Board shall conduct whatever
investigation is necessary, including actual inspection of the
vehicle at a place designated in regulations prescribed under sub-
paragraph (A).
"(E) The Board shall receive and evaluate written comments
and documents from interested parties in support of, or in oppo-
sition to, certification of the class or model of vehicle under
consideration.
" (F) Within ninety days after the receipt of a properly filed cer-
tification application, the Administrator shall determine whether
such class or model of vehicle is a low-emission vehicle, and within
180 days of such determination, the Board shall reach a decision
by majority vote as to whether such class or model of vehicle, hav-
ing been determined to be a low-emission vehicle, is a suitable
substitute for any class or classes of vehicles presently being pur-
chased by the Federal Government for use by its agencies.
"(G) Immediately upon making any determination or decision
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under subparagraph (F), the Administrator and the Board shall
each publish in the Federal Register notice of such determination
or decision, including reasons therefor and in the case of the
Board, any dissenting views.
"(e) (1) Certified low-emission vehicles shall be acquired by
purchase or lease by the Federal Government for use by the Fed-
eral Government in lieu of other vehicles if the Administrator of
General Services determines that such certified vehicles have pro-
curement costs which are no more than 150 per centum of the
retail price of the least expensive class or model of motor vehicle
for which they are certified substitutes.
"(2) In order to encourage development of inherently low-
polluting propulsion technology, the Board may, at its discretion,
raise the premium set forth in paragraph (1) of this subsection
to 200 per centum of the retail price of any class or model of
motor vehicle for which a certified low-emission vehicle is a certi-
fied substitute, if the Board determines that the certified low-
emission vehicle is powered by an inherently low-polluting propul-
sion system.
"(3) Data relied upon by the Board and the Administrator in
determining that a vehicle is a certified low-emission vehicle shall
be incorporated in any contract for the procurement of such
vehicle.
"(f) The procuring agency shall be required to purchase avail-
able certified low-emission vehicles which are eligible for purchase
to the extent they are available before purchasing any other
vehicles for which any low-emission vehicle is a certified substi-
tute. In making purchasing selections between competing eligible,
certified low-emission vehicles, the procuring agency shall give
priority to (1) any class or model which does not require exten-
sive periodic maintenance to retain its low-polluting qualities or
which does not require the use of fuels which are more expensive
than those of the classes or models of vehicles for which it is a
certified substitute; and (2) passenger vehicles other than buses.
"(g) For the purpose of procuring certified low-emission vehi-
cles any statutory price limitations shall be waived.
"(h) The Administrator shall, from time to time as the Board
deems appropriate, test the emissions from certified low-emission
vehicles purchased by the Federal Government. If at any time he
finds that the emission rates exceed the rates on which certifica-
tion under this section was based, the Administrator shall notify
the Board. Thereupon the Board shall give the supplier of such
vehicles written notice of this finding, issue public notice of it, and
give the supplier an opportunity to make necessary repairs, ad-
justments, or replacements. If no such repairs, adjustments, or
replacements are made within a period to be set by the Board,
the Board may order the supplier to show cause why the vehicle
involved should be eligible for recertification.
"(i) There are authorized to be appropriated for paying addi-
tional amounts for motor vehicles pursuant to, and for carrying
out the provisions of, this section, $5,000,000 for the fiscal year
ending June 30, 1971, and $25,000,000 for each of the four suc-
ceeding fiscal years.
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"(j) The Board shall promulgate the procedures required to
implement this section within one hundred and eighty days after
the date of enactment of the Clean Air Act Amendments of 1970.
FUEL ECONOMY IMPROVEMENT FROM NEW MOTOR VEHICLES
"Sec. 213(a)(l) The Administrator and the Secretary of
Transportation shall conduct a joint study, and shall report to
the Committee on Interstate and Foreign Commerce of the
United States House of Representatives and the Committees
on Public Works and Commerce of the United States Senate
within one hundred and twenty days following the date of en-
actment of this section, concerning the practicability of estab-
lishing a fuel economy improvement standard of 20 per centum
for new motor vehicles manufactured during and after model
year 1980. Such study and report shall include, but not be limited
to, the technological problems of meeting any such standard,
including the leadtime involved ; the test procedures required to
determine compliance; the economic costs associated with such
standard, including any beneficial economic impact; the various
means of enforcing such standard; the effect on consumption
of natural resources, including energy consumed; and the impact
of applicable safety and emission standards. In the course of
performing such study, the Administrator and the Secretary of
Transportation shall utilize the research previously performed
in the Department of Transportation, and the Administrator
and the Secretary shall consult with the Federal Energy Admin-
istrator, the Chairman of the Council on Environmental Quality,
and the Secretary of the Treasury. The Office of Management
and Budget may review such report before its submission to
such committees of the Congress, but such Office may not revise
the report or delay its submission beyond the date prescribed
for its submission, and may submit to Congress its comments
respecting such report. In connection with such study, the Ad-
ministrator may utilize the authority provided in section 307(a)
of this Act to obtain necessary information.
"(2) For the purpose of this section, the term 'fuel economy
improvement standard' means a requirement of a percentage
increase in the number of miles of transportation provided by a
manufacturer's entire annual production of new motor vehicles
per unit of fuel consumed, as determined for each manufacturer
in accordance with test procedures established by the Admin-
istrator pursuant to this Act. Such term shall not include any
requirement for any design standard or any other requirement
specifying or otherwise limiting the manufacturer's discretion
in deciding how to comply with the fuel economy improvement
standard by any lawful means.
DEFINITIONS FOR PART A
:'SEC. 214. As used in this part—
"(1) The term 'manufacturer' as used in sections 202, 203,
206, 207, and 208 means any person engaged in the manu-
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facturing or assembling of new motor vehicles or new motor
vehicle engines, or importing such vehicles or engines for
resale, or who acts for and is under the control of any such
person in connection with the distribution of new motor ve-
hicles or new motor vehicle engines, but shall not include any
dealer with respect to new motor vehicles or new motor ve-
hicle engines received by him in commerce.
"(2) The term 'motor vehicle' means any self-propelled
vehicle designed for transporting persons or property on a
street or highway.
" (3) Except with respect to vehicles or engines imported or
offered for importation, the term 'new motor vehicle' means a
motor vehicle the equitable or legal title to which has never
been transferred to an ultimate purchaser; and the term 'new
motor vehicle engine' means an engine in a new motor vehicle
or a motor vehicle engine the equitable or legal title to which
has never been transferred to the ultimate purchaser; and
with respect to imported vehicles or engines, such terms mean
a motor vehicle and engine, respectively, manufactured after
the effective date of a regulation issued under section 202
which is applicable to such vehicle or engine (or which would
be applicable to such vehicle or engine had it been manufac-
tured for importation into the United States).
"(4) The term 'dealer' means any person who is engaged in
the sale or the distribution of new motor vehicles or new
motor vehicle engines to the ultimate purchaser.
"(5) The term 'ultimate purchaser' means, with respect to
any new motor vehicle or new motor vehicle engine, the first
person who in good faith purchases such new motor vehicle
or new engine for purposes other than resale.
"(6) The term 'commerce' means (A) commerce between
any place in any State and any place outside thereof; and (B)
commerce wholly within the District of Columbia.
PART B—AIRCRAFT EMISSION STANDARDS
ESTABLISHMENT OF STANDARDS
"SEC. 231 (a) (1) Within 90 days after the date of enactment of
the Clean Air Amendments of 1970, the Administrator shall com-
mence a study and investigation of emissions of air pollutants
from aircraft in order to determine—
"(A) the extent to which such emissions affect air quality
in air quality control regions throughout the United States,
and
"(B) the technological feasibility of controlling such emis-
sions.
"(2) Within 180 days after commencing such study and investi-
gation, the Administrator shall publish a report of such study and
investigation and shall issue proposed emission standards appli-
cable to emissions of any air pollutant from any class or classes of
aircraft or aircraft engines which in his judgment cause or con-
tribute to or are likely to cause or contribute to air pollution which
endangers the public health or welfare.
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"(3) The Administrator shall hold public hearings with respect
to such proposed standards. Such hearings shall, to the extent
practicable, be held in air quality control regions which are most
seriously affected by aircraft emissions. Within 90 days after the
issuance of such proposed regulations, he shall issue such regula-
tions with such modifications as he deems appropriate. Such regula-
tions may be revised from time to time.
"(b) Any regulation prescribed under this section (and any
revision thereof) shall take effect after such period as the Admin-
istrator finds necessary (after consultation with the Secretary of
Transportation) to permit the development and application of the
requisite technology, giving appropriate consideration to the cost
of compliance within such period.
" (c) Any regulations under this section, or amendments thereto,
with respect to aircraft, shall be prescribed only after consultation
with the Secretary of Transportation in order to assure appro-
priate consideration for aircraft safety.
ENFORCEMENT OF STANDARDS
"SEC. 232 (a) The Secretary of Transportation, after consulta-
tion with the Administrator, shall prescribe regulations to insure
compliance with all standards prescribed under section 231 by
the Administrator. The regulations of the Secretary of Transpor-
tation shall include provisions making such standards applicable
in the issuance, amendment, modification, suspension, or revoca-
tion of any certificate authorized by the Federal Aviation Act or
the Department of Transportation Act. Such Secretary shall in-
sure that all necessary inspections are accomplished, and, may
execute any power or duty vested in him by any other provision of
law in the execution of all powers and duties vested in him under
this section.
" (b) In any action to amend, modify, suspend, or revoke a cer-
tificate in which violation of an emission standard prescribed
under section 231 or of a regulation prescribed under subsection
(a) is at< issue, the certificate holder shall have the same notice
and appeal rights as are prescribed for such holders in the Federal
Aviation Act of 1958 or the Department of Transportation Act,
except that in any appeal to the National Transportation Safety
Board, the Board may amend, modify, or revoke the order of the
Secretary of Transportation only if it finds no violation of such
standard or regulation and that such amendment, modification, or
revocation is consistent with safety in air transportation.
STATE STANDARDS AND CONTROLS
"SEC. 233. No State or political subdivision thereof may adopt
or attempt to enforce any standard respecting emissions of any air
pollutant from any aircraft or engine thereof unless such standard
is identical to a standard applicable to such aircraft under this
part.
DEFINITIONS
"SEC. 234. Terms used in this part (other than Administrator)
shall have the same meaning as such terms have under section 101
of the Federal Aviation Act of 1958.
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TITLE III—GENERAL
ADMINISTRATION
"SEC. 301. (a) The Administrator is authorized to prescribe
such regulations as are necessary to carry out his functions under
this Act. The Administrator may delegate to any officer or em-
ployee of the Environmental Protection Agency such of his powers
and duties under this Act, except the making of regulations, as he
may deem necessary or expedient.
" (b) Upon the request of an air pollution control agency, per-
sonnel of the Environmental Protection Agency may be detailed to
such agency for the purpose of carrying out the provisions of this
Act.
"(c) Payments under grants made under this Act may be made
in installments, and in advance or by way of reimbursement, as
may be determined by the Administrator.
DEFINITIONS
"SEC. 302. When used in this Act—
"(a) The term 'Administrator' means the Administrator of the
Environmental Protection Agency.
"(b) The term 'air pollution control agency' means any of the
following:
"(1) A single State agency designated by the Governor of
that State as the official State air pollution control agency for
purposes of this Act;
"(2) An agency established by two or more States and
having substantial powers or duties pertaining to the preven-
tion and control of air pollution;
"(3) A city, county, or other local government health
authority, or, in the case of any city, county, or other local
government in which there is an agency other than the health
authority charged with responsibility for enforcing ordin-
ances or laws relating to the prevention and control of air
pollution, such other agency; or
"(4) An agency of two or more municipalities located in
the same State or in different States and having substantial
powers or duties pertaining to the prevention and control of
air pollution.
"(c) The term 'interstate air pollution control agency' means—
"(1) an air pollution control agency established by two or
more States, or
"(2) an air pollution control agency of two or more muni-
cipalities located in different States.
"(d) The term 'State' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa.
"(e) The term 'person' includes an individual, corporation,
partnership, association, State, municipality, and political sub-
division of a State.
"(f) The term 'municipality' means a city, town, borough,
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county, parish, district, or other public body created by or pur-
suant to State law.
"(g) The term 'air pollutant' means an air pollution agent or
combination of such agents.
"(h) All language referring to effects on welfare includes, but
is not limited to, effects on soils, water, crops, vegetation, man-
made materials, animals, wildlife, weather, visibility, and climate,
damage to and deterioration of property, and hazards to transpor-
tation, as well as effects on economic values and on personal com-
fort and well-being.
EMERGENCY POWERS
"SEC. 303. Notwithstanding any other provisions of this Act,
the Administrator upon receipt of evidence that a pollution source
or combination of sources (including moving sources) is present-
ing an imminent and substantial endangerment to the health of
persons, and that appropriate State or local authorities have not
acted to abate such sources, may bring suit on behalf of the United
States in the appropriate United States district court to immedi-
ately restrain any person causing or contributing to the alleged
pollution to stop the emission of air pollutants causing or contrib-
uting to such pollution or to take such other action as may be
necessary.
CITIZEN SUITS
"SEC. 304. (a) Except as provided in subsection (b), any person
may commence a civil action on his own behalf—
"(1) against any person (including (i) the United States,
and (ii) any other governmental instrumentality or agency
to the extent permitted by the Eleventh Amendment to the
Constitution) who is alleged to be in violation of (A) an
emission standard or limitation under this Act or (B) an
order issued by the Administrator or a State with respect to
such a standard or limitation, or
"(2) against the Administrator where there is alleged a
failure of the Administrator to perform any act or duty
under this Act which is not discretionary with the Adminis-
trator.
The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such an emission standard or limitation, or such an order, or to
order the Administrator to perform such act or duty, as the case
may be.
"(b) No action may be commenced—
"(1) under subsection (a) (1) —
"(A) prior to 60 days after the plaintiff has given
notice of the violation (i) to the Administrator, (ii) to
the State in which the violation occurs, and (iii) to any
alleged violator of the standard, limitation, or order, or
"(B) if the Administrator or State has commenced
and is diligently prosecuting a civil action in a court of
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the United States or a State to require compliance with
the standard, limitation, or order, but in any such action
in a court of the United States any person may intervene
as a matter of right.
"(2) under subsection (a) (2) prior to 60 days after the
plaintiff has given notice of such action to the Administrator,
except that such action may be brought immediately after such
notification in the case of an action under this section respecting a
violation of section 112 (c) (1) (B) or an order issued by the Ad-
ministrator pursuant to section 113(a). Notice under this sub-
section shall be given in such manner as the Administrator shall
prescribe by regulation.
"(c)(l) Any action respecting a violation by a stationary
source of an emission standard or limitation or an order respect-
ing such standard or limitation may be brought only in the judicial
district in which such source is located.
" (2) In such action under this section, the Administrator, if not
a party, may intervene as a matter of right.
"(d) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of liti-
gation (including reasonable attorney and expert witness fees) to
any party, whenever the court determines such award is appro-
priate. The court may, if a temporary restraining order or pre-
liminary injunction is sought, require the filing of a bond or
equivalent security in accordance with the Federal Rules of Civil
Procedure.
" (e) Nothing in this section shall restrict any right which any
person (or class of persons) may have under any statute or com-
mon law to seek enforcement of any emission standard or limita-
tion or to seek any other relief (including relief against the
Administrator or a State agency).
" (f) For purposes of this section, the term 'emission standard
or limitation under this Act' means—
"(1) a schedule or timetable of compliance, emission limi-
tation, standard of performance or emission standard, or
"(2) a control or prohibition respecting a motor vehicle
fuel or fuel additive,
which is in effect under this Act (including a requirement appli-
cable by reason of section 118) or under an applicable implemen-
tation plan.
APPEARANCE
"SEC. 305. The Administrator shall request the Attorney Gen-
eral to appear and represent him in any civil action instituted
under this Act to which the Administrator is a party. Unless the
Attorney General notifies the Administrator that he will appear
in such action, within a reasonable time, attorneys appointed by
the Administrator shall appear and represent him.
FEDERAL PROCUREMENT
"SEC. 306. (a) No Federal agency may enter into any contract
with any person who is convicted of any offense under section
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113 (c) (1) for the procurement of goods, materials, and services
to perform such contract at any facility at which the violation
which gave rise to such conviction occurred if such facility is
owned, leased, or supervised by such person. The prohibition in
the preceding sentence shall continue until the Administrator
certifies that the condition giving rise to such a conviction has
been corrected.
"(b) The Administrator shall establish procedures to provide
all Federal agencies with the notification necessary for the pur-
poses of subsection (a).
"(c) In order to implement the purposes and policy of this Act
to protect and enhance the quality of the Nation's air, the Presi-
dent shall, not more than 180 days after enactment of the Clean
Air Act Amendments of 1970 cause to be issued an order (1) requir-
ing each Federal agency authorized to enter into contracts and
each Federal agency which is empowered to extend Federal as-
sistance by way of grant, loan, or contract to effectuate the pur-
pose and policy of this Act in such contracting or assistance
activities, and (2) setting forth procedures, sanctions, penalties,
and such other provisions, as the President determines necessary
to carry out such requirement.
"(d) The President may exempt any contract, loan, or grant
from all or part of the provisions of this section where he deter-
mines such exemption is necessary in the paramount interest of
the United States and he shall notify the Congress of such
exemption.
" (e) The President shall annually report to the Congress on
measures taken toward implementing the purpose and intent of
this section, including but not limited to the progress and prob-
lems associated with implementation of this section.
GENERAL PROVISION RELATING TO ADMINISTRATIVE PROCEEDINGS
AND JUDICIAL REVIEW
"SEC. 307 (a) (1) In connection with any determination under
section 110 (f) or section 202 (b) (5), or for purposes of obtaining
information under section 202(b) (4) or 211 (c) (3), the Adminis-
trator may issue subpenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and docu-
ments, and he may administer oaths. Except for emission data,
upon a showing satisfactory to the Administrator by such owner
or operator that such papers, books, documents, or information or
particular part thereof, if made public, would divulge trade se-
crets or secret processes of such owner or operator, the Admin-
istrator shall consider such record, report, or information or par-
ticular portion thereof confidential in accordance with the pur-
poses of section 1905 of title 18 of the United States Code, except
that such paper, book, document, or information may be disclosed
to other officers, employees, or authorized representatives of the
United States concerned with carrying out this Act, to persons
carrying out the National Academy of Sciences' study and inves-
tigation provided for in section 202(c), or when relevant in any
proceeding under this Act. Witnesses summoned shall be paid the
same fees and mileage that are paid witnesses in the courts of the
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United States. In cases of contumacy or refusal to obey a subpena
served upon any person under this subparagraph, the district
court of the United States for any district in which such person
is found or resides or transacts business, upon application by the
United States and after notice to such person, shall have jurisdic-
tion to issue an order requiring such person to appear and give
testimony before the Administrator to appear and produce papers,
books, and documents before the Administrator, or both, and any
failure to obey such order of the court may be punished by such
court as a contempt thereof.
"(b) (1) A petition for review of action of the Administrator
in promulgating any national primary or secondary ambient air
quality standard, any emission standard under section 112, any
standard of performance under section 111 any standard under
section 202 (other than a standard required to be prescribed under
section 202 (b) (1)), any determination under section 202 (b) (5),
any control or prohibition under section 211, or any standard
under section 231 may be filed only in the United States Court of
Appeals for the District of Columbia. A petition for review of the
Administrator's action in approving or promulgating any imple-
mentation plan under section 110 or section lll(d), or his action
under section 119(c) (2) (A), (B), or (C) or under regulations
thereunder, may be filed only in the United States Court of
Appeals for the appropriate circuit. Any such petition shall be
filed within 30 days from the date of such promulgation, ap-
proval, or action, or after such date if such petition is based
solely on grounds arising after such 30th day.
"(2) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) shall not be subject
to judicial review in civil or criminal proceedings for enforcement.
"(c) In any judicial proceeding in which review is sought of a
determination under this Act required to be made on the record
after notice and opportunity for hearing, if any party applies to
the court for leave to adduce additional evidence, and shows to the
satisfaction of the court that such'additional evidence is material
and that there were reasonable grounds for the failure to adduce
such evidence in the proceeding before the Administrator, the
court may order such additional evidence (and evidence in rebut-
tal thereof) to be taken before the Administrator, in such manner
and upon such terms and conditions as to the court may deem
proper. The Administrator may modify his findings as to the
facts, or make new findings, by reason of the additional evidence
so taken and he shall file such modified or new findings, and his
recommendation, if any, for the modification or setting aside of
his original determination, with the return of such additional
evidence.
MANDATORY LICENSING
"SEC. 308. Whenever the Attorney General determines, upon ap-
plication of the Administrator—
"(1) that—
" (A) in the implementation of the requirements of
section 111, 112, or 202 of this Act, a right under any
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United States letters patent, which is being used or in-
tended for public or commercial use and not otherwise
reasonably available, is necessary to enable any person
required to comply with such limitation to so comply, and
"(B) there are no reasonable alternative methods to
accomplish such purpose, and
"(2) that the unavailability of such right may result in a
substantial lessening of competition or tendency to create a
monopoly in any line of commerce in any section of the
country,
the Attorney General may so certify to a district court of the
United States, which may issue an order requiring the person who
owns such patent to license it on such reasonable terms and con-
ditions as the court, after hearing, may determine. Such certifica-
tion may be made to the district court for the district in which the
person owning the patent resides, does business, or is found.
POLICY REVIEW
"Sec. 309. (a) The Administrator shall review and comment in
writing on the environmental impact of any matter relating to
duties and responsibilities granted pursuant to this Act or other
provisions of the authority of the Administrator, contained in any
(1) legislation proposed by any Federal department or agency,
(2) newly authorized Federal projects for construction and any
major Federal agency action other than a project for construction
to which section 102(2) (C) of Public Law 91-190 applies, and
(3) proposed regulations published by any department or agency
of the Federal Government. Such written comment shall be made
public at the conclusion of any such review.
"(b) In the event the Administrator determines that any such
legislation, action, or regulation is unsatisfactory from the stand-
point of public health or welfare or environmental quality, he
shall publish his determination and the matter shall be referred
to the Council on Environmental Quality.
OTHER AUTHORITY NOT AFFECTED
"SEC. 310. (a) Except as provided in subsection (b) of this sec-
tion, this Act shall not be construed as superseding or limiting the
authorities and responsibilities, under any other provision of law,
of the Administrator or any other Federal officer, department, or
agency.
"(b) No appropriation shall be authorized or made under sec-
tion 301, 311, or 314 of the Public Health Service Act for any
fiscal year after the fiscal year ending June 30, 1964, for any pur-
pose for which appropriations may be made under authority of
this Act.
RECORDS AND AUDIT
"SEC. 311. (a) Each recipient of assistance under this Act shall
keep such records as the Administrator shall prescribe, including
records which fully disclose the amount and disposition by such
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recipient of the proceeds of such assistance, the total cost of the
project or undertaking in connection with which such assistance
is given or used, and the amount of that portion of the cost of the
project or undertaking supplied by other sources, and such other
records as will facilitate an effective audit.
"(b) The Administrator and the Comptroller General of the
United States, or any of their duly authorized representatives,
shall have access for the purpose of audit and examinations to any
books, documents, papers, and records of the recipients that are
pertinent to the grants received under this Act.
COMPREHENSIVE ECONOMIC COST STUDIES
"SEC. 312. (a) In order to provide the basis for evaluating pro-
grams authorized by this Act and the development of new pro-
grams and to furnish the Congress with the information necessary
for authorization of appropriations by fiscal years beginning after
June 30, 1969, the Administrator, in cooperation with State, inter-
state, and local air pollution control agencies, shall make a detailed
estimate of the cost of carrying out the provisions of this Act; a
comprehensive study of the cost of program implementation by
affected units of government; and a comprehensive study of the
economic impact of air quality standards on the Nation's indus-
tries, communities, and other contributing sources of pollution,
including an analysis of the national requirements for and the
cost of controlling emissions to attain such standards of air
quality as may be established pursuant to this Act or applicable
State law. The Administrator shall submit such detailed estimate
and the results of such comprehensive study of cost for the five-
year period beginning July 1, 1969, and the results of such other
studies, to the Congress not later than January 10, 1969, and shall
submit a reevaluation of such estimate and studies annually
thereafter.
"(b) The Administrator shall also make a complete investiga-
tion and study to determine (1) the need for additional trained
State and local personnel to carry out programs assisted pursuant
to this Act and other programs for the same purpose as this Act;
(2) means of using existing Federal training programs to train
such personnel; and (3) the need for additional trained personnel
to develop, operate and maintain those pollution control facilities
designed and installed to implement air quality standards. He
shall report the results of such investigation and study to the
President and the Congress not later than July 1, 1969.
ADDITIONAL REPORTS TO CONGRESS
"SEC. 313. Not later than six months after the effective date of
this section and not later than January 10 of each calendar year
beginning after such date, the Administrator shall report to the
Congress on measures taken toward implementing the purpose
and intent of this Act including, but not limited to, (1) the prog-
ress and problems associated with control of automotive exhaust
emissions and the research efforts related thereto; (2) the de-
velopment of air quality criteria and recommended emission con-
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trol requirements; (3) the status of enforcement actions taken
pursuant to this Act; (4) the status of State ambient air stand-
ards setting, including such plans for implementation and en-
forcement as have been developed; (5) the extent of development
and expansion of air pollution monitoring systems; (6) progress
and problems related to development of new and improved control
techniques; (7) the development of quantitative and qualitative
instrumentation to monitor emissions and air quality; (8) stand-
ards set or under consideration pursuant to title II of this Act;
(9) the status of State, interstate, and local pollution control pro-
grams established pursuant to and assisted by this Act; and (10)
the reports and recommendations made by the President's Air
Quality Advisory Board.
LABOR STANDARDS
"SEC. 314. The Administrator shall take such action as may be
necessary to insure that all laborers and mechanics employed by
contractors or subcontractors on projects assisted under this Act
shall be paid wages at rates not less than those prevailing for the
same type of work on similar construction in the locality as de-
termined by the Secretary of Labor, in accordance with the Act of
March 3, 1931, as amended, known as the Davis-Bacon Act (46
Stat. 1494; 40 U.S.C. 276a—276a-5). The Secretary of Labor
shall have, with respect to the labor standards specified in this
subsection, the authority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and
section 2 of the Act of June 13, 1934, as amended (48 Stat. 948;
40 U.S.C. 276c).
SEPARABILITY
"SEC. 315. If any provision of this Act, or the application of
any provision of this Act to any person or circumstance, is held
invalid,'the application of such provision to other persons or cir-
cumstances, and the remainder of this Act, shall not be affected
thereby.
APPROPRIATIONS
"SEC. 316. There are authorized to be appropriated to carry out
this Act, other than sections 103 (f) (3) and (d), 104, 212, and
403, $125,000,000 for the fiscal year ending June 30, 1971,
8225,000,000 for the fiscal year ending June 30, 1972, $300,000,000
for the fiscal year ending June 30, 1973, $300,000,000 for the
fiscal year ending June 30, 1974, and $300,000,000 for the fiscal
year ending June 30, 1975,
SAVINGS PROVISIONS J
"SEC. 16. (a) (1) Any implementation plan adopted by any State
and submitted to the Secretary of Health, Education, and Welfare,
or to the Administrator pursuant to the Clean Air Act prior to
enactment of this Act may be approved under section 110 of the
1 Provisions included in Clean Air Act Amendments of 1970. In these provisions, the phrases
"prior to enactment of this Act" and "as amended by this Act" refer to enactment of the
Clean Air Act Amendments of 1970.
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Clean Air Act (as amended by this Act) and shall remain in
effect, unless the Administrator determines that such implementa-
tion plan, or any portion thereof, is not consistent with the appli-
cable requirements of the Clean Air Act (as amended by this
Act) and will not provide for the attainment of national primary
ambient air quality standards in the time required by such Act. If
the Administrator so determines, he shall, within ninety days
after promulgation of any national ambient air quality standards
pursuant to section 1Q9 (a) of the Clean Air Act, notify the State
and specify in what respects changes are needed to meet the ad-
ditional requirements of such Act, including requirements to
implement national secondary ambient air quality standards. If
such changes are not adopted by the State after public hearings
and within six months after such notification, the Administrator
shall promulgate such changes pursuant to section 110 (c) of such
Act.
"(2) The amendments made by section 4(b) shall not be con-
strued as repealing or modifying the powers of the Administrator
with respect to any conference convened under section 108 (d) of
the Clean Air Act before the date of enactment of this Act.2
"(b) Regulations or standards issued under title II of the Clean
Air Act prior to the enactment of this Act shall continue in effect
until revised by the Administrator consistent with the purposes
of such Act.
"(1) Section 601 of the Federal Aviation Act of 1958 (49 U.S.C.
1421) is amended by adding at the end thereof the following new
subsection :
AVIATION FUEL STANDARDS 1
"(d) The Administrator shall prescribe, and from time to time
revise, regulations (1) establishing standards governing the com-
position or the chemical or physical properties of, any aircraft fuel
or fuel additive for the purpose of controlling or eliminating air-
craft emissions which the Administrator of the Environmental
Protection Agency (pursuant to section 231 of the Clean Air Act)
determines endanger the public health or welfare, and (2) pro-
viding for the implementation and enforcement of such
standards.
"(2) Section 610 (a) of such Act (49 U.S.C. 1430 (a)) is
amended by striking out "and" at the end of paragraph (7) ; by
striking out the period at the end of paragraph (8) and inserting
in lieu thereof "; and" and by adding after paragraph (8) the
following new paragraph :
"(9) For any person to manufacture, deliver, sell, or offer
for sale, any aviation fuel or fuel additive in violation of any
regulation prescribed under section 601 (d)."
"(3) That portion of the table of contents contained in the first
section of the Federal Aviation Act of 1958 which appears under
the side heading
"SEC. 601 General Safety Powers and Duties."
is amended by adding at the end thereof the following :
"(d) Aviation fuel standards."
2 The amendments referred to in this paragraph were contained in section 4(b) of the Clean
Air Amendments of 1970. They are reflected in the provisions of what is now section 115 of
the Clean Air Act.
1 These amendments to the Federal Aviation Act were made by the Clean Air Amendments
of 1970 and are included herein because of their relationship to the Clean Air Act.
^•GPO-1974-625-184
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