THE CLEAN AIR ACT AS AMENDED, JUNE 1974 U.S. ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 ------- TITLE I—AIR POLLUTION PREVENTION AND CONTROL* 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 i Clean Air Act (42 U.S.C. 1857 et seq.) includes the Clean Air Act of 1963 (P.L. 88-206), and amendments made by the Motor Vehicle Air Pollution Control Act —P.L. 89-272 (October 20, 1965), the Clean Air Act Amendments of 1966—P.L. 89-675 (October 15, 1966), the Air Quality Act of 1967—P.L. 90-148 (November 21, 1967), the Clean Air Amendments of 1970—p.L. 91-604—(December 31, 1970), the Comprehensive Health Manpower Training Act of 1971—P.L. 92—157—(November 18, 1971), and the Energy Supply and Environmental Co- ordination Act of 1974—P.L. 93-319—(June 22, 1974). (1) ------- 2 and 'control of air pollution; encourage the enactment of.i~proved and, so far as practicable in the light of varying condltI~ns and needs, uniform State and local laws relating to the preventIOn and control of air pollution; and encourage the making of agreemen~s 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 agreenlents 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 ------- 3 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 recomm'endations 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 researctJ. 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 V.S.C. 529; 41 v.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 organiz.ations; "(7) collect and disseminate, in cooperation with other Federa.l 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 ------- 4 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 '~ontinue are likely to ~ause or con- tribute to air pollution subject to abatement under s~ction 115, he shall send such findings,' together with recommendations con- cerning the measures which he finds reasonable and suitable to preven~ such pollution, to the p~rson or persons wh!Jse !lctions ~ill 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 ori~inat~; and to t~e interstate air pollution cpntrol agency, if any, in the'jurisdic- bonal a+~a of which any 'such municipality is located. Such findings and recommendations shall be advisory only, but shall be admitted' tog~ther wfth th~ 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 tllis Act, th~ Ad- ministrat<;>f shall give special emppasis to research on the short- and long-term effects of air poUutants on pUQlic health anq. wel- fare. In the furtherance of suCh research, he shall conquct an accelerated research program- ' c. "(A) to improve knowledge of the contribution of air pol- lutants to the occurrence of adverse effects on health, ~nclud- ing, but not limited to, behavioral, physiological, toxicological, and biochemical effects ;. a:qd "(B) to improve ~nowledge of the short- and long-term effects of air pollutants on w'elfare. "(2) IIi carrying out the "'provisions of this subsect~on the Ad- ministrator m~y-! ' , "(A) conduct epidemiological studies of the effects of air pollutants on mortality and ~orpidity; , " (B) condQct cUll-ieal and laboratory ~tudies on the ~m- munologic,biochemical~ physiolQgical, and the t.oxicological effects including carcinogenic, teratogenIc, and mutagenic ef- fects of air pollutant~; , " (C) utilize, on a r~imbursable basis, the faciHties of exist- ing Federal scientific laboratories ~nd research centers; "(D) utilize the authority contained in paragraphs (1) through (4) of subsection (b) ; and "(E) consult with other ~ppropriate Federal agencies. tg assure that research or studies conducted pursuant to this subsection will be coordinated wit~ research ang studies of such other Federal agencies. ' , ' "(3) In entering into contracts under this subsee.tion, 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 ------- 5 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 pollutapts from fuels prior to combustion, "(D) control of emissions from the evaporation of fuels, "(D) improving the efficiency of fiIelscombustion so as to decrease atmospheric emissions, and "(E) producing syntpetic or new fuels ,which, when used, result in decreas~d atmospheric emissions." "(2) provide for Federal gFants. to public or nonprofit agencies, institutions, and organizations alld 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 s~curing for research and develop- ment purposes, Ilew or improved devices or metllods 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 ap.d 3709 of the Revised Statutes (31 U.S.C. 529; 41 V.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 r~search 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: Providf}d further, That no grant may be made under this paragraph in eXGess of$1,500,000; .... "(3) determine, by laboratory and pilot pl~nt testing, the results of air pollution research and studies 'in' order to de- velop new or improved processes and plallt desigIls to the ------- 6 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. " 0» In carrying out the provh;ions 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 ~cientific laboratories; . "(3) establish and operate necessary facilities and test sites at which to carryon the research, testing, development, and program;rning necessary to effectuate the purposes of ,this 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 serv~d thereby. "( c) For the purposes of this section there are authorized to be ,appropriated $75,000,000 fQr 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 available 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 ------- 7 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 substantia.l re- sponsibilities for carrying out such applicable implementation plan. , "(2) Before .approving any gI:ant under this subsection to any air pollution control agency ~ithin 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, int~rests in the air quality control region. , "(3) Before approving any planning gra;nt under this subsec- tion to any air j>ollutfQn 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 capabUity 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 i,s 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 se'ction until the Administrator has consulted with the appropriate official as designated by the Governor or Governors of the State or States affected. ------- 8 "(e) Not more than 10 per centum of the total of funds appro- priated or allocated for the purposes of subsection (a) ~f 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 p~rcentage limitation under this subsection for each State into which such area extends. "(d) The Administr~tor, 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 witp 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 wbich such payments have been re- duced shall be available for .payment of such co~ts 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 impl~mentation 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 the 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 whic4 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) ~or 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 ------- 9 such portion may be suhdivided 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 CON'rROL TECHNIQUES "SEC. 10K (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- Jutant in a list under paragraph (1). Air quality criteria for an air pollutant shall accurately reflect the latest scientific knowledge useful ip 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 oh- . "(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) (1) 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 St~tes and appropriate air pollution control agencies, information on air pollution control techniques, which information shall include data. relating to the techriology and costs of emission control. Such information shall include such data. as are av~Jlable on available technology and alternative methods- of ------- 10 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 propos'ed 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 se'condary 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 ------- 11 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) withi:n 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 ~mbient. air quality se'condary 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 lat~r 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, (iD 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 tim~.. 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 prQcedure, meeting the requirements of paragraph (4), for review (prior to construction or modifica- ------- 12 tion) of the location of new sources to wtlich a standard of performance will apply; "(E) it contains adequate provisions for interg?vern- 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 f3uch 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 n~ture 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 A'ct, 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 pr'ovides, 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 ------- 13 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 proceaurereferrea-fo- 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 Se'ction 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 8ubmit 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 deter-minesneces- -- 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) (1) The Administrator shall, after consideration of any State hearing record, promptly prepare and publish proposed reg- ulations 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 ------- 14 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 regula tion. "(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) Forpurposes 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. "(H) 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. . "(Hi) 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- ------- 15 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 ~uch 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 hecause the necessary tec1tnology or other alter- native methods of control are not available or have not been ------- 16 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. ------- 17 "(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, leas'es, 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), th~ Administrator shall publish proposed !regulations, establishing F:ederal standards of performance for new sources within such categorx. 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, revis'e 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 Adminrstrator 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 ------- 18 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 SEC- 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 ------- 19 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- tiQn 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, exc'ept 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 stundard 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 arid 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 p'eriod not to exceed two years. The President shall make a report to Congress with resp'ect 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. > ------- 20 FEDERAL ENFORCEMENT "SEC. 113. (a) (1) Whenever, an the basis af any infarmatian available to. him, the Administratar finds that any persan is in vialatian af any requirement af an applicable implementatian plan, the Administratar shall natify the persan in vialatian. af the plan and the State in which the plan applies af such findmg. If such vialatian extends beyand the 30th day after the date af the Administratar's natificatian, the Administratar may issue an arder requiring such persan to. camply with the requirements af such plan 0.1' he may bring a civil actian in accardance with subsectian (b). , "(2) Whenever, an the basis af infarmatian available to. him, the Administratar finds that vialatians af an applicable imple- mentatian plan are so. widespread that such vialatians appear to. result fram a failure af the State in which the plan applies to. enfarce the plan effectively, he shall so. natify the State. If the Administratar finds such failure exte'nds beyand the thirtieth day after such natice, he shall give public natice af such finding..' Dur- ing the periad beginning with such public natice and ending when such State satisfies the Administratar that it will enfarce such plan (hereafter referred to. in this sectian as 'periad af Federally assumed enfarcement') the Administratar may enfarce any requirement af such plan with respect to. any' 'peisa'n- ' "(A) by issuing an arder to. camply with such requirement, 0.1' " (B) by bringing a civil actian under subsectian (b). "(3) Whenever, an the basis af any infarmatian available to. him, the Administratar finds that any persan is in vialatian af sectian 111 (e) (relating to. new saurce perfarmance standards), 112 (cf (relatrrig to. standards' -far -hazardous emissions), 0.1' 119 (g) (relating to. energy-related autharities), 0.1' is in vialatian af any requirement af sectian 114 (relating to. inspectians, etc.), he may issue an arder requiring such persan to. camply with such sectian 0.1' requirement, 0.1' he may bring a civil actian in ___a~ccordance with subsectian (b). " (4) An arder issued under this subsectian (ather than an arder relating to. a vialatian af sectian 112) shall nat take effect until the persan to. wham it is issued has had an appartunity to. canfer with the Administratar cancerning the alleged vialatian. A capy af any arder issued under this subsectian shall be sent to. the State air pallutian cantral agency af any State in which the viala- tian accurs. Any arder issued under this subsectian shall state with reasanable specificity the nature af the vialatian, specify a time far campliance which the Administratar determines is rea- sanable, taking into. accaunt the seriausness af the vialatian and any gaad faith effarts to. camply with applicable requirements. In any case in which an Qrder under this subsectian (0.1' natice to. a vialato.r under paragqtph (1» is issued to. a carparatian, a capy af such arder (0.1' nat~ce) shall be issued to. apprapriate carparate afficers. ------- 21 "(b) The ~d~inistr~tar may cammence a civil actian far ap- praprIate relIef, IncludIng a permanent ar temparary injunctian, whenever any persan- , . "(1) vialates ar fails ar refuses to 'camply with any arder Issued under subsectian (a) ; ar ' "(2) vialates any requirement af anappIicaJ;>.le implement- atian plan. (A) during any periad af FederaHy assumed en- farcement,ar (B) mare than 30 days after having been natified by the Administratar under su'bsectian (a) (1) 9£ 'a finding that sri'c}1 persan is vialating such requirement; ar "(3) vialates sectian 111 (e), 112 (c), ar 119(g) ; ar "( 4) fails ar refuses to' camply with any requirement af sectian 114. Any actian under this subsectian may be braught in the district caurt af the United States far the district in which the defendant is lacated or resides ar is daing business, and such caurt shall have jurisdictian to' restrain such vialatian and to' requir~ campliance. Natice of the cammencement af such actian shall'~be'given to' 'the apprapriate State air pallutian cantral agency. . "(c) (1) Any per san whO' knawingly- "(A) vialates any requirement af an applicable implement- atian plan (i) during any periad of Federally assumed enforce- ment, ar (ii) mare than 30 days after having been notified by th~Administratar under subsectian (a) (1) that such person is vialating such requirement, ar . '---" (B) vialates ar fails ar refuses to' camply with any arder issued by the Administratar under subsection (a), ar "(C) vialates sectian 111 (e); sectian 112(c), 'Qi"sectian ] 19 (g) shall be punished by a fine of nat mare than$25,000 per day af vialation, 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 vialation, or by imprisonment for not more than two years, ar by both. . . "(2) Any person who knowingly makes any false statement, representation, or certification in any applicatian, recQrd, report, plan, or other document filed or required to' be maiptained under this Act or who falsifies, tampers with, or knowingly renders in- accurate any monitaring device or method required to be main- tained under this Act; shall upan conviction, be punished by a fine of not more than$10,000, or by imprisonment for not more than six months, or by bath. INSPECTIONS, MONITORING, AND ENTRY "SEC. 114. (a) For the purpose (i) of developing or assisting in the development af any implementation plan under section 110 or 111 (d), an~. standard af 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 af sqch a plan, ar (iii) carrying out section 119 or 303- ------- 22 " (1) the Administrator may require the owner or operator of any emission source to (A) establish and maintain ~uch records, (B) make such repQrts, (C) install, use, anq. main- tain such monitoring equipment or methods, (D) sample spch emissions (in accordance with such methods, at such loca- tions., at such intervals, and in such manner as the Ad- ministrator sp.an prescribe), and (E). provide such other information, as he may reasonably requIre; and "C2) the Administr~tor or his authorize~ representative, upon presentation of :qis 'credentials- . ~. "(A) shall havea right of entry to, upon, or tJ1rough ap.y premises in which an emission source is ~ocated or iri which any records requited to be maintained under paragraph (1) of this se'ction are located, and "(B) may at reasonable times have ~ccess to and copy any 'records, in~pect anymonitqring equipment or method required~nder paragraph (1), and sample any emissions which the owner or operator 9f such source is required to sampl~ under paragraph (1). . "(b) (1) E~ch State may develop and subinitto the Adminis- trator a procedure for carrying out this' section in such State. If the Admiriistr~tbr finds the State' pr'ocedur~ -is adequate, he may delegate to sucJ1 State any authority he has to carry otit this sec- tion (except with respect to new sources owned or pperated by theUnited States). " ' .' . "(2) Nothing in this subsection shall prohibit the Adminis- trator' from carrying out this section in a State. " (c) . Any' recqrds, reports or ~nformation obta!ned under sub- section (a) shall be available to the public, except th~t 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 Admin~strator has acces's under this section if' made public, would divulge methods or processes entitled to protectipn as trade secrets of such person, the Adminis- trator shall c()~sider such record, report, or 'information or par- ti~ular portion ,thereof confidential inaccotrdance with the purposes of section 1905 of titl~ 18 of the United States Code, except that such record, report, or informatipD. may be disclosed t.;> other officers, employees,' or authorized representatives of the United States concerned with carrying W out this Act or when relevant in any proceeding und~r this Act.' " , AB4TEM~NT 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 subsectio~ (b,) or (c) shall be subject to abatement as provided in this' section. .'. "(0) (1) Wh,enever requested by the Governor of any State, a State ~ir po~lution control 'agency, or (with, the'cpncurrence of the ------- 23 Governor and the State air pollution control agency for the State in which the municipality is situaoted) 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). oJ;'igirlat~, give formal notifipation thereof to the air pollution control agency of the municipality where such discharge or discharges originate, to the air: pollution control agency of the Stnte in which stich muniCipality is located, and to the interstate air pollutto~ control agency, if any, in whose juris(lictional area such municipality is located, and shal~ call promptly a conference of such agency or agencies a~d of the air pollution control agencies of the munici- paliti~s 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 municipnlity is located. "(2) Whenever requested by the Governot of any State, a State air pollution control agency, or (with the concurrence of the Gbv~ ernor and the State air pollution control agency for the State iIi wb.ich the"municipality is situated). the governing body of any municipality, the Administrator shall, if such request Tefer~ to alleged air po,llutioriwhich is endangering the health or welfare of. perstjns only in the State in which the discharge or discharges (causmg 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.. ltltibn . control agency, to the air pollution control agencies of the municipal~ty where such discharge or dischargesorigituite, arid of the municipality or municipalities alleged. to be adversely affected thereby, and to any interstate air pollution control agency, whose jurisdictidnal area includes any such :r;nunicip~lity and shall promptly call a conferEmce of such ~gericy or agencies, unless in the judgment of the Administrator, the effect of such pollution is not of such'signific~nGe as to warrant exercise of Federal jurisdic- tion under this sectIOn. " . ' , "(3) The Administrator rriny, after consultation with Sta,te officials,of all affected States, also call such a. conference whenever, on the basis of reports, surv~ys, or st:udi~s, he h~s reason to b~-:- li~ve 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 origina:te. The .Administrator shall invite the cooperation of any municipal, State, or interstate air pollution control agenc~es having jurisdic- tion in the affected area on any surveys or studies forming the basis. of conference action. " ( 4) l,1. conference may not be called under this subsection with respect to an air po'lutant for which (at the time the confere;nce is called) a national primary, oJ;' 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, ------- 24 has reason to believe that any pollution referred to in subs'ection (a) which endangers the health or welfare of persons in a foreign country is occurring, or whenever the 8'ecretary 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 iI)vite 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 conf'erence, 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 !espect 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 conferenc'e 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 contrpl agencies attending the conferenc'e 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 ------- 25 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 affe'cted 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 subj ect matter as determined by the Administrator shall be given an opportunity to select one m'ember 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 oC'curringand 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 ~ir 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 speeified 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 ------- 26 section resulting fro:r:n such ~onference, may requ~st the ~t- 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 th~ 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 jn 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, he 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 he required as to th~ '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 ------- 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 19~5 of title 18 of the United States Code. "(2) If any person required to file any report under this ~ub- 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 ------- 28 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 vacancYioccurring 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 pre'ceding 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 developm.ent and im- plem'entation 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 lim.ited 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 ------- 29 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 111 (b) (1) (A) or 112 (b) (1) (A), "(3) publishing any standard under section 111 (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, spall 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 111 (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 ------- 30 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' h~s under section 111 (a) (3) ; except that such terms include any owner or operator (as defined 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) (1) (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 ------- 31 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 (1) (A) (i), requirements that the suspension shall be inapplicable during any period during which fuels which would enable compliance with the suspended stf,l- tionary source fuel or emission limitations are in fact reasonably available (as determined by the Administrator) to such person. "(c) (1) 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 J an-uary 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 eliding on March 15, 1974 (such as entering into !t contract binding on such source. for obtaining coal, or equIpment or facilities to burn coal; or applying for an air pollution variance ------- 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 ------- 33 the date of enactment of this section may be approved after such date)., ' , , "(C) Regulations under subparggraph (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 tl1e' 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 regulatiQns shall also include such interim requirements as the AdmipistratQr determines are rea~on~ble 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 so~rce, under the applicable implementation plan for such pollutant. FQr purposes of this subparagraph, applic~bility of any sucR limitation or requirement to a source ~hall 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 postpon'ement 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) (~) 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) (1) (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 ------- 34 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- Uon 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 cO!lipliance 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 Adniinistrator shall take the action requested in the petition, or ------- 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 ------- 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 reductjon 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 prioritie~. "(f) NoState, 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) (1) 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) (1) 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- ------- 37 catian .has been made in gaad faith and that the plan to. cease aperatIans no. later than January 1, 1980, will be carried aut as planned in light af existing and praspective pawer supply re- quirements, shall be eligible for a single ane-year pastpanement as pravided in paragraph (2). "(2) Priar to. the date an which any pawerplant eligible under paragraph (1) is required to. co.mply with any requirement o.f an applicable implementatian plan, such plant may apply (with the cancurrence o.f the Go.verno.r o.f the State in which the plant is Io.cated) to the Administrator to. Po.stpo.ne the ap- plicability o.f such requirement to. such plant fo.r no.t mo.re than o.ne year. If the Administratar determines, after co.nsidering the risk to. public health and welfare which may be asso.ciated with a Po.stpanement, that co.mpliance with any such requirement is no.t reaso.nable in light o.f the pro.jected useful life o.f the plant, the availability o.f rate base increases to. pay for the costs af such co.mpliance, and o.ther appro.priate facto.rs, then the Ad- ministrato.r shall grant a Po.stpo.nement o.f any such requirement. "(3) The Administrato.r shall, as a co.nditio.n of any Po.st- panement under paragraph (2), prescribe such interim require- ments as are practicable and reaso.nable in light o.f the criteria in paragraph (2). "(j) (1) The Administrato.r may, after public no.tice and o.PPo.rtunity fo.r presentatio.n o.f data, views, and arguments in acco.rdance with sectio.n 553 o.f title 5, United States Co.de, and after cansultatio.n with the Federal Energy Administrato.r, designate perso.ns with respect to. who.m fuel exchange require- ments shauld be impo.sed under paragraph (2) o.f this subsectio.n. The purpo.se o.f such designatio.n shall be to. avo.id o.r minimize the adverse impact o.n public health and welfare o.f any sus- pensio.n under subsectio.n (b) o.f this sectio.n o.r co.nversio.n to. co.al to. which subsectio.n (c) applies o.r o.f any allo.catio.n under sectio.n 2 (d) af the Energy Supply and Enviro.nmental Co.o.rdina- tio.n Act af 1974 o.r under the Emergency Petro.leum AIIo.catio.n Act af 1973. "(2) The Federal Energy Administrato.r shall exercise his autharity under sectio.n 2(d) o.f the Energy Supply and Enviro.n- mental Co.o.rdinatio.n Act o.f 1974 and under the Emergency Petro.leum Allo.catio.n Act o.f 1973 with respect to. perso.ns desig- nated by the Administrato.r af the Enviro.nmental Pro.tectio.n Agency under paragraph (1) in o.rder to. require the exchange o.f any fuel subject to. allo.catio.n under such Acts effective no. later than farty-five days after the date o.f such designatio.n, unless the Federal Energy Administrato.r determines, after co.nsultation with the Administrato.r o.f the Enviro.nmental Pro.tectio.n Agency, that the casts or co.nsumptian o.f fuel, resulting fro.m requiring such exchange, will be excessive. "(k) (1) The Administrato.r shall study, and repo.rt to. Co.n- gress no.t later than six mo.nths after the date o.f enactment af this sectio.n, with respect to.- "(A) the present .and prajected impact o.f fuel sho.rtages ------- 38 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 da ta ; "(D) apriority 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 quaiity 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 syste.ms 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. ------- 39 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) (1) (A) 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. The regulations under subsection (a) applicable to emissions of carbon monoxide and hydrocarbons from light"auty vehicles and engines manu- factured during or after model year 1977 shall contain standards which' require a reduction of at least 90 per centum from emis- . sions of carbon monoxide and hydrocarbons allowable under the standards under this section appI1cable to light duty vehicles and engines manufactured in model year 1970. "(B)" The regulations under subsection (a) applicable to emis~ sions 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 ------- 40 1975. The regulations under subsection (a) applicable to emis- sions 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. The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light duty vehicles and engines manufactured during or after model year 1978 shall contain standards which require a re- duction of at least 90 per centum from the average of emis- sions of oxides of nitrogen actually- measured from light duty vehicles manufactured during model 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. "(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 Ai~ ,Act Amendments of ~970), 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 thereafte~', 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 subj ect 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 additionalcongres- sional action necessary to achieve the purposes of this Act. In gath~rin_K !~form~1Jon ~or the purposes of this paragraph and in connection with any hearing, the' provisions of secfio'n 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 ------- 41 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 avai1able 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 da:te 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 ------- 42 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 subsec.tion (b» ; "(2) for any person to fail or refuse to permit access to or ------- 43 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 subj ect to standards prescribed under section 202- . II (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 vehiele 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 coriditions 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 off.ered 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 ------- 44 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. IN JUNCTION 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 the 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 ------- 45 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 Adniinistrator 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, bas'ed 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 motor' 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 und'er 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 ------- 46 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. "(Hi) 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 fo~ 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 finding~ as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such il1,odified or new findings, and his recomm'endation, 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 purpos'es of enforcement of this section, officers. or employees duly designated by the Administrator, upon presenting appropriate credentials to the manufacturer or person in cha,rge, 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 ma.nufac- 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 ------- 47 the date of the ,enactment of the Clean 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 ~ng~ne to fail toconfQrm with applicable regulations for its: us'eflil life' (as determined under sec. 202 (d» . , H (b) 1f the AdministratQr determines that (i) there are avail- aple testing methods and procedures to ascertain whether, when in actual use throughout its useful life (as determip.ed und~r section 202 (q) ), each vehicle and engine to which regulations uI1-der 'section 202 apply complies' with the emission standards of such regulations, (ii) such methods and procedures are in accorq.~ ance wit!1 good engineering practices, and (iii) such m~thods and prQcedures 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 te~t- ~ng methods and proced.ures 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 vehicl~ or new motor vehicle engine to which a regulation under section 202 applies and which is manufac- tured ina model year beginning after the Administrator first prescribes warranty regulations under this p~ragraph (2). The warranty under such regulatiQns shaH run to the ulti- mate purch~ser and each subsequent purchaser a.nd shall pro- vide that if- , '" (A) the vehicle or engine is maintained and operated in accordance with instructions under sub~ection (c) (3), "(B) it fails to conform at any time dqring 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 slich v~hicle 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 nop.conformIty under:such warranty with the cost thereof to' be borne by the manufacturer. "(c) Effective with respect to vehicles and engines ma:q.ufac- turedduring model years beginning more than 60 days after the date of enactment of the Clean Air Amendments of 1970- "(1) If t}le Administrator determines that a substa~ti~l number of any class or category of vehicles or' engInes, although properly maintained and u~ed, do not co~form to the regulations prescribed under sectIon 202, when In actual ------- 48 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 ~anu- facturer to submit a plan for remedying the nonconfo~m1ty. 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 engjne 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 infQrmation 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,pap'ers, 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- ------- 49 mate purchaser, shall be made only if the owner of such vehicle Of' 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 t;ecords, 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 .St~te 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 ------- 50 than applicable Federal standards to meet compelling and extrapr- 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 contrpl 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 progranl 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 ------- 51 effects of such fuel or additive (including, but not limited to carcinogenic, teratogenic, or mutagenic effects) and ' " (B) to furnish the description of any analyti~al 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 su~h other in~or.mation as .is reasonable and necessary t~ 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. T~sts 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 change~ 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 devi~es or systems which are or will be in general use and require the proposed control or prohibition with emission control devi~es or systems which are or will be in general use and do not requIre the proposed control or prohi1?ition. qn request of a manufac~~rer 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 t~e AdmIn- istrator under paragraph (1) unless he finds, and publIshes such ------- 52 finding, that in his judgment such prohibition will not ca~se. 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 require the manufacturer 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 ne"cessary 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. ------- 53 DEVELOPMENT OF LOW-EMISSION VEHICLES "SEC. 212: (a) For the purpose of this se~tion- " (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) T~e 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 suc~ 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 ex'cess 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 when eyer a majority of its members so request. . " (C J The Board is granted all other powers necessary for meet- ing its responsibilities under this section. ------- 54 " (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- f "(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 Governm'ent. 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 ------- 55 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 subsectio~ 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 eligibl~ 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 ti~e 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 ne~essar~ repairs, ad- justments, or replacements. If no such repall'S, 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 t.o be appropriated for paying a~di- 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. ------- 56 "(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) (1) 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- ------- 57 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 20~ 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 ~a~e 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 r~po!t of such study an~ 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. ------- 58 "(3) The Administrator shall hold public hearings with respect to such proposed standards. Such hearings shall, t<;> the extent practicable, be held in air quality control regions whlch 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 presGribed 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- tationshall 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. ------- 59 TITLE III-GENERAL ~\.DMINISTRATION "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 .a~ i~dividual, c~rporation, partnership, association, State, munIcIpalIty, and polItIcal sub- division of a State. "(f) The term 'municipality' means a city, town,. borough, ------- 60 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 A'ct, 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 ~cted 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 limttation 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 h~s 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 ------- 61 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 tQ the Administrator, except that such action may be brought immediately after such notificatio~ 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) (1) 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 subs'ection (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 apPQinted by the Administrator shall appear and represent him. . FEDERAL PROCUREMENT "SEC. 306. (a) No Federal agency may enter into any contr~ct with any person who is convicted of any offense under sectIOn ------- 62 113 (c) (1) for the procurement of goods, materials, and ~ervi~es to perform such contract at any facility at which the VI?~atlO.n which gave rise to such conviction occurred if such f.a~Il.Ity .IS owned, leased, or supervised by such person. The prohIbItion In the preceding sentence shall continue until the Ad~in~strator 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 purpo.ses 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 A'ct 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 ------- 63 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 111 (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 !eave 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 ------- 64 Up.ited States letters patent, which is being used or ~n- 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. POLJCY REVIEW "SEC. 309. (a.) The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities gl'antedpursuant 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 Environm'ental 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 record~ which fully disclose the amount and disposition by such ------- 65 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 a.n 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 Aet. 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 estjmate 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 peginning 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- veiopment of air quality criteria and recommended emission con- ------- 66 trol requirements; (3) the status of enforcement actions taken pursuant to this Act; (4) the status of State ambient ail' 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 V.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 V.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. APPROPRIA TIONS "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,$225,000,000 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 1 "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. ------- 67 Clean Air Act (as amend'ed 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 1P9 (a) of the Clean Air Act, notify the State and specify in what respects changes aFe 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 pres'cribed und~r s~ction 601 (d),.".. . --(3) That portiorf b:rtfle ;tajji~~df; contents"'c6htaihedii the first section of the Federal Aviatiort~Act pf,~95R.,which>a~f).oors under the side heading ~,\it)'i t ;,..: ~:' '~;'..I'-\!~ ,.,~:' F .:>~ ',/ "t' '~ . "SEC. 601 Gener~l Safety P-------