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Page:United States Statutes at Large Volume 91.djvu/788

 91 STAT. 754 Regulations. Demonstration vehicles.

PUBLIC LAW 9 5 - 9 5 — A U G. 7, 1977 for oxides of nitrogen. The Administrator shall, by regulations promulgated within one hundred and eighty days after enactment of the Clean A i r Act Amendments of 1977, require each manufacturer whose sales represent at least 0.5 per centum of light duty motor vehicle sales in the United States, to build and, on a regular basis, demonstrate the operation of light duty motor vehicles that meet this research objective, in addition to any other applicable standards or requirements for other pollutants under this Act. Such demonstration vehicles shall be submitted to the Administrator no later than model year 1979 and in each model year thereafter. Such demonstration shall, in accordance with applicable regulations, to the greatest extent possible, (A) be designed to encourage the development of new powerplant and emission control technologies that are fuel efficient, (B) assure that the demonstration vehicles are or could reasonably be expected to be within the productive capability of the manufacturers, and (C) assure the utilization of optimum engine, fuel, and emission control systems.". STUDY AND REPORT OF F U E L CONSUMPTION

Report to Congress. 42 USC 7551. Submittal to Congress.

SEC. 203. (a) Following each motor vehicle model year, the Administrator of the Environmental Protection Agency shall report to the Congress respecting the motor vehicle fuel consumption associated with the standards applicable for the immediately preceding model year. (b) The Secretary of Transportation and the Secretary of Energy shall each submit to Congress, as promptly as practicable following submission by the Administrator of the fuel consumption report referred to in subsection (a), separate reports respecting such fuel consumption. STATE GRANTS

42 USC 7.'iM.

SEC. 204. Section 210 of such Act is amended by a d d i n g the following at the end thereof: " G r a n t s may be made under this section by way of reimbursement in any case in which amounts have been expended by the State before the date on which any such g r a n t was made.". COST OF CERTAIN EMISSION CONTROL PARTS

Post, p. 756. 42 USC 7541. Post, p. 755. Ante, pp. 702, 751-753; Post, pp. 758-761, 765, 767, 769, 791. "Designed for emission control."

SEC. 205. Section 207(a) of the Clean A i r Act is amended by adding the following at the end thereof: " (3) The cost of any part, device, or component of any light-duty vehicle that is designed for emission control and which in the instructions issued pursuant to subsection (c)(3) of this section is scheduled for replacement during the useful life of the vehicle in order to maintain compliance with regulations under section 202 of this Act, the failure of which shall not interfere with the normal performance of the vehicle, and the expected retail price of which, including installation costs, is greater than 2 percent of the suggested retail price of such vehicle, shall be borne or reimbursed at the time of replacement by the vehicle manufacturer and such replacement shall be provided without cost to the ultimate purchaser, subsequent purchaser, or dealer. The term 'designed for emission control' as used in the preceding sentence means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or p r i m a r y purpose of reducing vehicle emissions (not including those vehicle components which were in general use prior to model year 1968 and the p r i m a r y function of which is not related to emission control).".

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Page:United States Statutes at Large Volume 91.djvu/789

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 755

WARRANTIES

SEC. 206. Section 203(a)(4) of the Clean Air Act is amended by striking "or" at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting a comma, and ';»y adding the following new subparagraphs: "(C) except as provided in subsection (c)(3) of section 207, to provide directly or indirectly in any communication to the ultimate purchaser or any subsequent purchaser that the coverage of any warranty under this Act is conditioned upon use of any part, component, or system manufactured by such manufacturer or any person acting for such manufacturer or under his control, or conditioned upon service performed by any such person, "(D) to fail or refuse to comply with the terms and conditions of the warranty under section 207(a) or (b) with respect to any vehicle.".

42 USC 7522.

Infra.

Anu, p. 754; Post, P- 756.

CALIFORNIA WAIVER

SEC. 207. Section 209(b) of the Clean Air Act is amended to read 42 USC 7543. as follows: "(b)(1) The Administrator shall, after notice and opportunity for Notice and ublic hearing, waive application of this section to any State which hearing. as 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, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. No such waiver shall be granted if the Administrator finds that— " (A) the determination of the State is arbitrary and capricious, "(B) such State does not need such State standards to meet compelling and extraordinary conditions, or "(C) such State standards and accompanying enforcement proPost, pp. 759, cedures are not consistent with section 202(a) of this part. " (2) If each State standard is at least as stringent as the comparable 760, 765, 791. applicable Federal standard, such State standard shall be deemed to be at least as protective of health and welfare as such Federal standards for purposes of paragraph (1). "(3) In the case of any new motor vehicle or new motor vehicle engine to which State standards apply pursuant to a waiver granted under paragraph (1), compliance with such State standards shall be treated as compliance with applicable Federal standards for purposes of this title.".

g

M A I N T E N A N C E INSTRUCTIONS

SEC. 208. Paragraph (3) of subsection (c) of section 207 of the Clean Air Act is amended to read as follows: 42 USC 7541. "(3)(A) The manufacturer shall furnish with each new motor vehicle or motor vehicle engine written instructions for the proper maintenance and use of the vehicle or engine by the ultimate purchaser and such instructions shall correspond to regulations which the Administrator shall promulgate. The manufacturer shall provide in boldface type on the first page of the written maintenance instructions notice that maintenance, replacement, or repair of the emission control devices and systems may be performed by any automotive repair establishment or individual using any automotive part which has been certified as provided in subsection (a)(2). Post, p. 756. "(B) The instruction under subparagraph (A) of this paragraph

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Page:United States Statutes at Large Volume 91.djvu/790

 91 STAT. 756

Certificate of conformity, label.

Ante, pp. 702, 751-753; Post, pp. 758-761, 765, 767, 769, 791. 42 USC 7541.

Ante, p. 754.

Regulations.

"Emission control device or system."

PUBLIC LAW 95-95—AUG. 7, 1977 shall not include any condition on the ultimate purchaser's using, in connection with such vehicle or engine, any component or service (other than a component or service provided without charge under the terms of the purchase agreement) which is identified b^ brand, trade, or corporate namej or directly or indirectly distinguishing between service performed by the franchised dealers of such manufacturer or any other service establishments with which such manufacturer has a commercial relationship, and service performed by independent automotive repair facilities with which such manufacturer has no commercial relationship; except that the prohibition of this subsection may be waived by the Administrator if— "(i) the manufacturer satisfies the Administrator that the vehicle or engine will function properly only if the component or service so identified is used in connection with such vehicle or engine, and " (ii) the Administrator finds that such a waiver is in the public interest. "(C) 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 of this Act. Such label or tag shall contain such other information relating to control of motor vehicle emissions as the Administrator shall prescribe by regulation.". WARRANTIES AND MOTOR VEHICLE PARTS CERTIFICATION

SEC. 209. (a) Section 207(b)(2) of the Clean Air Act is amended by adding the lollowing at the end thereof: "No such warranty shall be invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if such part was certified as provided under subsection (a)(2).''. (b) Section 207(a) of such Act is amended by striking out " (1) " and " (2) " and inserting in lieu thereof " (A) " and " (B) " respectively, by inserting " (1)" after " (a) " and by adding the following new paragraph at the end thereof: " (2) In the case of a motor vehicle part or motor vehicle engine part, the manufacturer or rebuilder of such part may certify that use of such part will not result in a failure of the vehicle or engine to comply with emission standards promulgated under section 202. Such certification shall be made only under such regulations as may be promulgated by the Administrator to carry out the purposes of subsection (b). The Administrator shall promulgate such regulations no later than two years following the date of the enactment of this paragraph.". (c) Section 207(b) of such Act, as amended by subsection (a), is amended by adding the following at the end thereof: "For purposes of the warranty under this subsection, for the period after twentyfour months or twenty-four thousand miles (whichever first occurs) the term 'emission control device or system' means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or primary purpose of reducing vehicle emissions. Such term shall not include those vehicle components which were in general use prior to model year 1968.". REPAIR AT O W N E R ' S PLACE OF CHOOSING

SEC. 210. Section 207 of the Clean Air Act is amended by adding the following new subsection:

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Page:Hockey, Canada's Royal Winter Game.djvu/48

 a sharp projection is often the cause of a nasty fall, and also of a dangerous cut to the wearer of the skates or to one of his opponents.

A good hockey skate should be a combination of great strength and lightness of weight. It should be strong because the thousand twistings and turnings of a player strain every inch of the blade, each plate, and every rivet; it should be light because the lightness of the skate adds to the swiftness of the skater, and because a heavy skate is tiring. To again refer to the length of the skate, the blade should project about an inch in front of the toe of the boot, and an inch or a little more behind the heel, and the width of the bottom of the blade should retain the same thickness from toe to heel, or rather on that part of blade that touches the ice when a skater maintains a standing position. The two ends back and front should taper slightly in width, becoming thinner towards the points.

A player's clothes should be light enough to be of no perceptible weight, and warm enough to insure him against catching cold. A moderately heavy sweater, pants padded at the hips and knees and heavy stockings with a suit of light underwear are the necessary articles of clothing for a hockey player.


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Page:United States Statutes at Large Volume 91.djvu/791

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 757

"(g) For the purposes of this section, the owner of any motor vehicle or motor vehicle engine warranted under this section is responsible in the proper maintenance of such vehicle or engine to replace and to maintain, at his expense at any service establishment or facility of his choosing, such items as spark plugs, points, condensers, and any other part, item, or device related to emission control (but not designed for emission control under the terms of the last three sentences of section 207(a)(1)), unless such part, item, or device is covered by any Ante, p. 756. warranty not mandated by this Act.". H I G H ALTITUDE PERFORMANCE

ADJUSTMENTS

SEC. 211. (a) Section 203(a) of the Clean Air Act is amended by Ante, p. 755; adding the following at the end thereof: "No action with respect to ^^^^ P- 762. any element of design referred to in paragraph (3) (including any adjustment or alteration of such element) shall be treated as a prohibited Act under such paragraph (3) if such action is in accordance with section 215". Infra. (b) Part A of title II of such Act is amended by inserting the following new section after section 214: " H I G H ALTITUDE PERFORMANCE

ADJUSTMENTS

"SEC. 215. (a)(1) Any action taken with respect to any element of 42 USC 7549. design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title (including any alteration or adjustment of such element), shall be treated as not in violation of section 203(a) if such action is performed in accordance with high Supra. altitude adjustment instructions provided by the manufacturer under subsection (b) and approved by the Administrator. "(2) If the Administrator finds that adjustments or modifications Finding. made pursuant to instructions of the manufacturer under paragraph (1) will not insure emission control performance with respect to each standard under section 202 at least equivalent to that which would Ante, pp. 702, result if no such adjustments or modifications were made, he shall 751-753; Post, disapprove such instructions. Such finding shall be based upon mini- pp. 758-761, 765, mum engineering evaluations consistent with good engineering 791. 767, 769, practice. "(b)(1) Instructions respecting each class or category of vehicles or engines to which this title applies providing for such vehicle and engine adjustments and modifications as may be necessary to insure emission control performance at different altitudes shall be submitted by the manufacturer to the Administrator pursuant to regulations promulgated by the Administrator. "(2) Any knowing violation by a manufacturer of requirements of Violations. the Administrator under paragraph (1) shall be treated as a violation by such manufacturer of section 203(a)(3) for purposes of the penalties contained in section 205. Post, p. 762. "(3) Such instructions shall provide, in addition to other adjustments, for adjustments for vehicles moving from high altitude areas to low altitude areas after the initial registration of such vehicles. "(c) No instructions under this section respecting adjustments or modifications may require the use of any manufacturer parts (as defined in section 203(a)) unless the manufacturer demonstrates to the satisfaction of the Administrator that the use of such manufacturer parts is necessary to insure emission control performance.

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Page:United States Statutes at Large Volume 91.djvu/792

 91 STAT. 758 Effective date.

PUBLIC LAW 95-95—AUG. 7, 1977 "(d) Before January 1, 1981 the authority provided by this section shall be available in any high altitude State (as determined under regulations of the Administrator under regulations promulgated before the date of the enactment of this Act) but after December 31, 1981, such authority shall be available only in any such State in which an inspection and maintenance program for the testing of motor vehicle emissions has been instituted for the portions of the State where any national ambient air quality standard for auto-related pollutants has not been attained.". DEALER

Ante, pp. 754-756.

Ante, pp. 702, 751-753; Post, pp. 758-761, 765, 767, 769, 791.

42 USC 7543.

CERTIFICATION

SEC. 212. Section 207 of the Clean Air Act is amended by adding the following new subsection at the end thereof: "(f)(1) Upon the sale of each new light-duty motor vehicle by a dealer, the dealer shall furnish to the purchaser a certificate that such motor vehicle conforms to the applicable regulations under section 202, including notice of the purchaser's rights under paragraph (2). "(2) If at any time during the period for which the warranty applies under subsection (b), a motor vehicle fails to conform to the applicable regulations under section 202 as determined and subsection (b) of this section such nonconformity shall be remedied by the manufacturer at the cost of the manufacturer pursuant to such warranty as provided in section 207(b)(2) (without regard to subparagraph (C) thereof). "(3) Nothing in section 209(a) shall be construed to prohibit a State from testing, or requiring testing of, a motor vehicle after the date of sale of such vehicle to the ultimate purchaser (except that no new motor vehicle manufacturer or dealer may be required to conduct testing under this paragraph).". HIGH A L T I T U D E

42 USC 7525.

Report to Congress.

42 USC 7521. Applicability.

Emission reduction percentage.

REGULATIONS

SEC. 213. (a) Section 206 of the Clean Air Act is amended by adding the following new subsection: "(f)(1) All light duty vehicles and engines manufactured during or after model year 1984 shall comply with the requirements of section 202 of this Act regardless of the altitude at which they are sold. "(2) By October 1, 1978, the Administrator shall report to the Congress on the economic impact and technological feasibility of the requirements found in subparagraph (1) of this subsection. The report is also to evaluate the technological feasibility and the health consequences of separate proportional emission standards for light duty vehicles and engines in high altitude areas that would reflect a comparable percentage of reduction in emissions to that achieved by light duty vehicles and engines in low altitude areas.". (b) Section 202 of such Act is amended by adding the following new subsection at the end thereof: "(f)(1) The high altitude regulation in effect with respect to model year 1977 motor vehicles shall not apply to the manufacture, distribution, or sale of 1978 and later model year motor vehicles. Any future regulation affecting the sale or distribution of motor vehicles or engines manufactured before the model year 1984 in high altitude areas of the country shall take effect no earlier than model year 1981. "(2) Any such future regulation applicable to high altitude vehicles or engines shall not require a percentage of reduction in the emissions

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Page:United States Statutes at Large Volume 91.djvu/793

 PUBLIC LAW 95-95—AUG. 7, 1977 of such vehicles which is greater than the required percentage of reduction in emissions from motor vehicles as set forth in section 202(b). This percentage reduction shall be determined by comparing any proposed high altitude emission standards to high altitude emissions from vehicles manufactured during model year 1970. In no event shall regulations applicable to high altitude vehicles manufactured before the model year 1984 establish a numerical standard which is more stringent than that applicable to vehicles certified under non-high altitude conditions. "(3) Section 307(d) shall apply to any high altitude regulation referred to in paragraph (2) and before promulgating any such regulation, the Administrator shall consider and make a finding with respect to— "(A) the economic impact upon consumers, individual high altitude dealers, and the automobile industry of any such regulation, including the economic impact which was experienced as a result of the regulation imposed during model year 1977 with respect to high altitude certification requirements; "(B) the present and future availability of emission control technology capable of meeting the applicable vehicle and engine emission requirements without reducing model availability; and "(C) the likelihood that the adoption of such a high altitude regulation will result in any significant improvement in air quality in any area to which it shall apply.".

91 STAT. 759

Applicability. Post, p. 772.

ASSURANCE OF PROTECTION OF PUBLIC H E A L T H AND SAFETY

SEC. 214. (a) Section 202(a) of the Clean Air Act is amended by inserting "paragraph (1) of" before "this subsection" in paragraph (2) thereof and by adding a new paragraph at the end thereof: "(4)(A) Effective with respect to vehicles and engines manufactured after model year 1978, no emission control device, system, or element of design shall be used in a new motor vehicle or new motor vehicle engine for purposes of complying with standards prescribed under this subsection if such device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function. "(B) In determining whether an unreasonable risk exists under subparagraph (A), the Administrator shall consider, among other factors, (i) whether and to what extent the use of any device, system, or element of design causes, increases, reduces, or eliminates emissions of any unregulated pollutants; (ii) available methods for reducing or eliminating any risk to public health, welfare, or safety which may be associated with the use of such device, system, or element of design, and (iii) the availability of other devices, systems, or elements of design which may be used to conform to standards prescribed under this subsection without causing or contributing to such unreasonable risk. The Administrator shall include in the consideration required by this paragraph all relevant information developed pursuant to section 214.". (b) Section 206(a) of such Act is amended by adding at the end thereof the following: "(3)(A) A certificate of conformity may be issued under this section only if the Administrator determines that the manufacturer (or in the case of a vehicle or engine for import, any person) has established to the satisfaction of the Administrator that any emission control device, system, or element of design installed on, or incorpo-

Post, p. 765. 42 USC 7521.

Post, p. 767. Certificate of conformity. ^''**'P-762.

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Page:United States Statutes at Large Volume 91.djvu/794

 91 STAT. 760 Ante, p. 759. Testing and reporting requirements.

42 USC 7525.

PUBLIC LAW 95-95—AUG. 7, 1977 rated in, such vehicle or engine conforms to applicable requirements of section 202(a)(4). "(B) The Administrator may conduct such tests and may require ^j^g manufacturer (or any such person) to conduct such tests and proyi^Q such information as is necessary to carry out subparagraph (A) of this paragraph. Such requirements shall include a requirement for prompt reporting of the emission of any unregulated pollutant from a system, device, or element of design if such pollutant was not emitted, or was emitted in significantly lesser amounts, from the vehicle or engine without use of the system, device, or element of design.". (c)(1) Section 206(b)(2)(A)(i) of such Act is amended by inserting "and with the requirements of section 202(a)(4)" after "conformity was issued". (2) Section 206(b)(2)(A) of such Act is amended by inserting "and requirements" after "such regulations" in each place it appears. FILL P I P E STANDARDS

Ante, p. 759. New motor vehicles, regulations.

)

"Fill pipe."

SEC. 215. Section 202(a) of the Clean Air Act is amended by adding the following new paragraph at the end thereof: "(5)(A) If the Administrator promulgates final regulations which define the degree of control required and the test procedures by which compliance could be determined for gasoline vapor recovery of uncontrolled emissions from the fueling of motor vehicles, the Administrator shall, after consultation with the Secretary of Transportation with respect to motor vehicle safety, prescribe, by regulation, fill pipe standards for new motor vehicles in order to insure effective connection between such fill pipe and any vapor recovery system which the Administrator determines may be required to comply with such vapor recovery regulations. In promulgating such standards the Administrator shall take into consideration limits on fill pipe diameter, minimum design criteria for nozzle retainer lips, limits on the location of the unleaded fuel restrictors, a minimum access zone surrounding a fill pipe, a minimum pipe or nozzle insertion angle, and such other factors as he deems pertinent. "(B) Regulations prescribing standards under subparagraph (A) shall not become effective until the introduction of the model year for which it would be feasible to implement such standards, taking into consideration the restraints of an adequate leadtime for design and production. "(C) Nothing in subparagraph (A) shall (i) prevent the Administrator from specifying different nozzle and fill neck sizes for gasoline with additives and gasoline without additives or (ii) permit the Administrator to require a specific location, configuration, modeling, or styling of the motor vehicle body with respect to the fuel tank fill neck or fill nozzle clearance envelope. "(D) For the purpose of this paragraph, the term 'fill pipe' shall include the fuel tank fill pipe, fill neck, fill inlet, and closure.". ONBOARD HYDROCARBON TECHNOLOGY

Supra. Feasibility determination.

SEC. 216. Section 202(a) of the Clean Air Act is amended by adding the following new paragraph at the end thereof: "(6) The Administrator shall determine the feasibility and desirability of re(pnring new motor vehicles to utilize onboard hydrocarbon control technology which would avoid the necessity of gasoline vapor

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Page:United States Statutes at Large Volume 91.djvu/795

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 761

recovery of uncontrolled emissions emanating from the fueling of motor vehicles. The Administrator shall compare the costs and effectiveness of such technology to that of implementing and maintaining vapor recovery systems (taking into consideration such factors as fuel economy, economic costs of such technology, administrative burdens, and equitable distribution of costs). If the Administrator finds that it Regulations. is feasible and desirable to employ such technology, he shall, after consultation with the Secretary of Transportation with respect to motor vehicle safety, prescribe, by regulation, standards requiring the use of onboard hydrocarbon technology which shall not become effective until the introduction to the model year for which it would be feasible to implement such standards, taking into consideration compliance costs and the restraints of an adequate lead time for design and production.". TEST PROCEDURES FOR MEASURING EVAPORATIVE EMISSIONS

SEC. 217. Section 202(b)(1) of the Clean Air Act is amended by Model year 1978 engines and adding a new subparagraph (C) as follows: vehicles. "(C) Effective with respect to vehicles and engines manufactured Ante, p. 751. after model year 1978 (or in the case of heavy-duty vehicles or engines, such later model year as the Administrator determines is the earliest feasible model year), the test procedure promulgated under paragraph (2) for measurement of evaporative emissions of hydrocarbons shall require that such emissions be measured from the vehicle or engine as a whole. Regulations to carry out this subparagraph shall be promul- Regulations gated not later than two hundred and seventy days after date of enactment of this subparagraph.". CERTAIN MINOR AND TECHNICAL AND CONFORMING AMENDMENTS

SEC. 218. (a) Section 203(a)(2) of the Clean Air Act is amended by inserting the following before the semicolon: "or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 206(c)". (b) Section 204(a) of such Act is amended by striking out "paragraph (1), (2), (3), or (4) of". (c) Section 302(d) of such Act is amended by inserting before the period at the end thereof the following: "and includes the Commonwealth of the Northern Mariana Islands". (d) Section 203(b)(3) of such Act is amended by striking out "subsection (a) " the second time it appears and inserting in lieu thereof "section 202" and by striking out "country of export" in each place it appears and inserting "country which is to receive such vehicle or engine".

42 USC 7522. 42 USC 7525. 42 USC 7523. 42 USC 7602.

TAMPERING

SEC. 219. (a) Section 203(a)(3) of the Clean Air Act is amended by inserting " (A) " after " (3) " and by adding the following new subparagraph (B) at the end thereof: "(B) for any person engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines, or who operates a fleet of motor vehicles, knowingly 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 following its sale and delivery to the ultimate purchaser, or".

Motor vehicle related businesses.

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Page:United States Statutes at Large Volume 91.djvu/796

 91 STAT. 762 Ante, p. 757.

"Manufacturer parts."

PUBLIC LAW 95-95—AUG. 7, 1977 (b) Section 203(a) of such Act, as amended by section 211 of this Act, is amended by adding the following at the end thereof: "Nothing in paragraph (3) shall be construed to require the use of manufacturer parts in maintaining or repairing any motor vehicle or motor vehicle engine. For the purposes of the preceding sentence, the term 'manufacturer parts' means, with respect to a motor vehicle engine, parts produced or sold by the manufacturer of the motor vehicle or motor vehicle engine.". (c) Section 205 of such Act is amended to read as follows: "PENALTIES

42 USC 7524. Ante, pp. 755, 761. 42 USC 7522.

"SEC. 205. Any person who violates paragraph (1), (2), or (4) of section 203(a) or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 203(a) shall be subject to a civil penalty of not more than $10,000. Any person who violates paragraph (3)(B) of such section 203(a) shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3), or (4) of section 203(a) shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine.". TESTIXG BY SMALL

Regulations. 42 USC 7525.

Ante, pp. 702, 751-753, 758-761; Post, pp. 765, 767, 769, 791.

MANUFACTURERS

SEC. 220. Section 206(a)(1) of the Clean Air Act is amended by adding at the end thereof the following: "In the case of any manufacturer of vehicles or vehicle engines whose projected sales in the United States for any model year (as determined by the Administrator) will not exceed three hundred, the regulations prescribed by the Administrator concerning testing by the manufacturer for purposes of determining compliance with regulations under section 202 for the useful life of the vehicle or engine shall not require operation of any vehicle or engine manufactured during such model year for more than five thousand miles or one hundred and sixty hours, respectively, but the Administrator shall apply such adjustment factors as he deems appropriate to assure that each such vehicle or engine will comply during its useful life (as determined under section 202(d)) with the regulations prescribed under section 202 of this Act.". PARTS STANDARDS; PREEMPTION or

42 USC 7543.

Ante, p. 756.

STATE LAW

SEC. 221. Section 209 of the Clean Air Act (relating to State standards) is amended by redesignating subsection (c) as (d) and by inserting after subsection (b) the following new subsection: "(c) Whenever a regulation with respect to any motor vehicle part or motor vehicle engine part is in effect under section 207(a)(2), no State or political subdivision thereof shall adopt or attempt to enforce any standard or any requirement of certification, inspection, or approval which relates to motor vehicle emissions and is applicable to the same aspect of such part. The preceding sentence shall not apply in the case of a State with respect to which a waiver is in effect under subsection (b).". TESTING OF FUELS AND F U E L ADDITIVES

Regulations.

42 USC 7545.

SEC. 222. (a) Section 211 of the Clean Air Act is amended by adding the following new subsections at the end thereof: "(e)(1) Not later than one year after the date of enactment of this subsection and after notice and opportunity for a public hearing, the

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Page:United States Statutes at Large Volume 91.djvu/797

 PUBLIC LAW 95-95—AUG. 7, 1977 Administrator shall promulgate regulations which implement the authority under subsection (b)(2)(A) and (B) with respect to each fuel or fuel additive which is registered on the date of promulgation of such regulations and with respect to each fuel or fuel additive for which an application for registration is filed thereafter. "(2) Regulations under subsection (b) to carry out this subsection shall require that the requisite information be provided to the Administrator by each such manufacturer— "(A) prior to registration, in the case of any fuel or fuel additive which is not registered on the date of promulgation of such regulations; or "(B) not later than three years after the date of promulgation of such regulations, in the case of any fuel or fuel additive which is registered on such date. "(3) In promulgating such regulations, the Administrator may— "(A) exempt any small business (as defined in such regulations) from or defer or modify the requirements of, such regulations with respect to any such small business; "(B) provide for cost-sharing with respect to the testing of any fuel or fuel additive which is manufactured or processed by two or more persons or otherwise provide for shared responsibility to meet the requirements of this section without duplication; or "(C) exempt any person from such regulations with respect to a particular fuel or fuel additive upon a finding that any additional testing of such fuel or fuel additive would be duplicative of adequate existing testing. "(f)(1) Effective upon March 31, 1977, it shall be unlawful for any manufacturer of any fuel or fuel additive to first introduce into commerce, or to increase the concentration in use of, any fuel or fuel additive for general use in light duty motor vehicles manufactured after model year 1974 which is not substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year, vehicle or engine under section 206. "(2) Effective November 30, 1977, it shall be unlawful for any manufacturer of any fuel to first introduce into commerce any gasoline which contains a concentration of manganese in excess of.0625 grams per gallon of fuel. "(3) Any manufacturer of any fuel or fuel additive which prior to March 31, 1977, and after January 1, 1974, first introduced into commerce or increased the concentration in use of a fuel or fuel additive that would otherwise have been prohibited under paragraph (1) if introduced on or after March 31, 1977 shall, not later than September 15, 1978, cease to distribute such fuel or fuel additive in commerce. During the period beginning 180 days after the date of the enactment of this subsection and before September 15, 1978, the Administrator shall prohibit, or restrict the concentration of any fuel additive which he determines will cause or contribute to the failure of an emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified under section 206. "(4) The Administrator, upon application of any manufacturer of any fuel or fuel additive, may waive the prohibitions established under paragraph (1) or (3) of this subsection if he determines that the applicant has established that such fuel or fuel additive or a specified

91 STAT. 763

Manufacturer reporting requirements.

Exemptions and cost-sharing.

New fuel and fuel additive content.

Ante, pp. 758-760, 762; Post, p. 768. Gasoline content. Fuel additives, concentration restrictions.

Waiver of fuel and fuel additive prohibitions.

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Page:United States Statutes at Large Volume 91.djvu/798

 91 STAT. 764

Ante, pp. 758-760, 762; Post, p. 768. Judicial review. 42 USC 7545.

PUBLIC LAW 95-95—AUG. 7, 1977 concentration thereof, and the emission products of such fuel or fdditive or specified concentration thereof, will not cause or contribute to a failure of any emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified pursuant to section 206. If the Administrator has not acted to grant or deny an application under this paragraph within one hundred and eighty days of receipt of such application, the waiver authorized by this paragraph shall be treated as granted. "(5) No action of the Administrator under this section may be stayed by any court pending judicial review of such action.". (b) Section 211(d) of such Act is amended by inserting "or (f) after " (a) ". SMALL KEFINERIES

Definitions.

Lead additives, restrictions.

SEC. 223. Section 211 of the Clean Air Act is amended by adding the following new subsection at the end thereof: "(g)(1) For the purposes of this subsection: "(A) The terms 'gasoline' and 'refinery' have the meaning provided under regulations of the Administrator promulgated under this section. "(B) The term 'small refinery' means a refinery or a portion of refinery producing gasoline— "(i) the gasoline producing capacity of which was in operation or under construction at any time during the oneyear period immediately preceding October 1, 1976, and "(ii) which has a crude oil or bona fide feed stock capacity (as determined by the Administrator) of 50,000 barrels per day or less, and "(iii) which is owned or controlled by a refiner with a total combined crude oil or bona fide feed stock capacity (as determined by the Administrator) of 137,500 barrels per day or less. "(2) No regulations of the Administrator under this section (or any amendment or revision thereof) respecting the control or prohibition of lead additives in gasoline shall require a small refinery prior to October 1, 1982, to reduce the average lead content per gallon of gasoline refined at such refinery below the applicable amount specified in the table below: "If the average gasoline production of the small refinery for the immediately preceding calendar year (or. in the case of refineries under construction, half the designed crude oil capacity) was (in barrels per day): 5.000 or under 5.001 to 10,000 10,001 to 15,000 15,001 to 20,000 20,001 to 25,000 25,001 or over

Regulations. i

The applicable amount is (In grams per gallon) 2. 65. 2.15. 1,65. 1. 30. .80. as prescribed by the Administrator, but not greater than 0.80.

The Administrator may promulgate such regulations as he deems appropriate with respect to the reduction of the average lead content of gasoline refined by small refineries on and after October 1, 1982, taking into account the experience under the preceding provisions of this paragraph.

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Page:United States Statutes at Large Volume 91.djvu/799

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 7(S5

"(3) Effective on the date of the enactment of this subsection, the regulations of the Administrator under this section respecting fuel additives (40 CFR part 80) shall be deemed amended to comply with the requirement contained in paragraph (2). "(4) Nothing in this section shall be construed to preempt the right of any State to take action as permitted by section 211(c)(4) of this 42 USC 7545. Act.". EMISSION STANDARDS FOR HEAVY DUTY VEHICLES OR ENGINES AND CERTAIN OTHER VEHICLES OR ENGINES

SEC. 224. (a) Section 202(a) of the Clean Air Act is amended by adding the following new paragraph at the end thereof: " (3)(A)(i) The Administrator shall prescribe regulations under paragraph (1) of this subsection applicable to emissions of carbon monoxide, hydrocaibons, and oxides of nitrogen from classes or categories of heavy-duty vehicles or engines manufactured during and after model year 1979. Such regulations applicable to such pollutants from such classes or categories of vehicles or engines manufactured during model years 1979 through 1982 shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to the cost of applying such technology within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology. "(ii) Unless a different standard is temporarily promulgated as provided in subparagraph (B) or unless the standard is changed as provided in subparagraph (E), regulations under paragraph (1) of this subsection applicable to emissions from vehicles or engines manufactured during and after model year— " (I) 1983, in the case of hydrocarbons and carbon monoxide, shall contain standards which require a reduction of at least 90 per cent, and " (II) 1985, in the case of oxides of nitrogen, shall contain standards which require a reduction of at least 75 per cent, from the average of the actually measured emissions from heavy-duty gasoline-fueled vehicles or engines, or any class or category thereof, manufactured during the baseline model year. "(iii) The Administrator shall prescribe regulations under paragraph (1) of this subsection applicable to emissions of particulate matter from classes or categories of vehicles manufactured during and after model year 1981 (or during any earlier model year, if practicable). Such regulations shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to the cost of applying such technology within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology. Such standards shall be promulgated and shall take effect as expeditiously as practicable taking into account the period necessary for compliance. "(iv) In establishing classes or categories of vehicles or engines for purposes of regulations under this paragraph, the Administrator may base such classes or categories on gross vehicle weight, horsepower, or such other factors as may be appropriate.

42 USC 7521. Regulations. Emission standards for heavy-duty vehicles or engines.

1983 standards for hydrocarbons and carbon monoxide. 1985 standards for oxides of nitrogen. 1981 standards for particulate matter.

Vehicle and engine classes oir categories, criteria.

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Page:United States Statutes at Large Volume 91.djvu/800

 91 STAT. 766

PUBLIC LAW 95-95—AUG. 7, 1977

"Baseline model year."

"(v) For the purpose of this paragraph, the term 'baseline model year' means, with respect to any pollutant emitted from any vehicle or engine, or class or category thereof, the model year immediately preceding the model year in which Federal standards applicable to such vehicle or engine, or class or category thereof, first applied with respect to such pollutant. "(B) During the period of June 1 through December 31, 1979, and during each period of June 1 through December 31 of each third year after 1979, the Administrator may, after notice and opportunity for a public hearing promulgate regulations revising any standard prescribed as provided in subparagraph (A) (ii) for any class or category of heavy-duty vehicles or engines. Such standard shall apply only for the period of three model years beginning four model years after the model year in which such revised standard is promulgated. In revising any standard under this subparagraph for any such three model year period, the Administrator shall determine the maximum degree of emission reduction which can be achieved by means reasonably expected to be available for production of such period and shall prescribe a revised emission standard in accordance with such determination. Such revised standard shall require a reduction of emissions of from any standard which applies in the previous model year. "(C) Action revising any standard for any period may be taken by the Administrator under subparagraph (B) only if he finds— "(i) that compliance with the emission standards otherwise applicable for such model year cannot be achieved by technology, processes, operating methods, or other alternatives reasonably expected to be available for production for such model year without increasing cost or decreasing fuel economy to an excessive and unreasonable degree; and " (ii) the National Academy of Sciences has not, pursuant to its study and investigation under subsection (c), issued a report substantially contrary to the findings of the Administrator under clause (i). "(D) A report shall be made to the Congress with respect to any standard revised under subparagraph (B) which shall contain— "(i) a summary of the health effects found, or believed to be associated with, the pollutant covered by such standard, "(ii) an analysis of the cost-effectiveness of other strategies for attaining and maintaining national ambient air quality standards and carrying out regulations under part C of title I (relating to significant deterioration) in relation to the cost-effectiveness for such purposes of standards which, but for such revision, would apply. "(lii) a summary of the research and development efforts and progress being made by each manufacturer for purposes of meeting the standards promulgated as provided in subparagraph (A) (ii) or, if applicable, subparagraph (E), and "(iv) specific findings as to the relative costs of compliance, and relative fuel economy, which may be expected to result from the application for anj' model year of such revised standard and the application for such model year of the standard, which, but for such revision, would apply. " (E)(i) The Administrator shall conduct a continuing pollutantspecific study concerning the effects of each air pollutant emitted from heavy-duty vehicles or engines and from other sources of mobile source related pollutants on the public health and welfare. The results of such study shall be published in the Federal Register and reported

Standards, triennial revision.

Report to Congress. Contents.

Ante, p. 731.

Pollutant-specific study. Publication in Federal Register and report to Congress.

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Page:United States Statutes at Large Volume 91.djvu/801

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 7(S7

to the Congress not later than June 1, 1979, and before June 1 of each third year thereafter. "(ii) On the basis of such study and sUch other information as is available to him (including the studies under section 214), the Admin- Infra istrator may, after notice and opportunity for a public hearing, promulgate regulations under paragraph (1) of this subsection changing any standard prescribed in subparagraph (A) (ii) (or revised under subparagraph (B) or previously changed under this subparagraph). No such changed standard shall apply for any model year before the model year four years after the model year during which regulations containing such changed standard are promulgated, " (F) For purposes of this paragraph, motorcycles and motorcycle Motorcycle engines shall be treated in the same manner as heavy-duty vehicles classification. and engines (except as otherwise permitted under section 206(f)(1)) Ante, p. 758. unless the Administrator promulgates a rule reclassifying motorcycles as light-duty vehicles within the meaning of this section or unless the Administrator promulgates regulations under subsection (a) applying standards applicable to the emission of air pollutants from motorcycles as a separate class or category. In any case in which such standards are promulgated for such emissions from motorcycles as a separate class or category, the Administrator, in promulgating such standards, shall consider the need to achieve equivalency of emission reductions between motorcycles and other motor vehicles to the maximum extent practicable.". (b) Section 202(b)(3) of such Act is amended by adding the follow- "Heavy duty vehicle." ing new subparagraph at the end thereof: "(C) The term 'heavy duty vehicle' means a truck, bus, or other 42 USC 7521. vehicle manufactured primarily for use on the public streets, roads, and highways (not including any vehicle operated exclusively on a rail or rails) which has a gross vehicle weight (as determined under regulations promulgated by the Administrator) in excess of six thousand pounds. Such term includes any such vehicle which has special features enabling off-street or offhighway operation and use.". (c) Section 312 of such Act is amended by inserting "AND STUDIES Use of costor cosT-EFTECTivENESs ANALYSES" at the end of the heading thereof and effectiveness, study. by adding the following new subsection at the end thereof: "(c) Not later than January 1, 1979, the Administrator shall study 42 USC 7612. the possibility of increased use of cost-effectiveness analyses in devising strategies for the control of air pollution and shall report its rec- Report to ommendations to the Congress, including any recommendations for Congress. revisions in any provision of this Act. Such study shall also include Contents. an analysis and report to Congress concerning whether or not existing air pollution control strategies are adequate to achieve the purposes of this Act." (d) Part A of title II of such Act is amended by redesignating section 214 as section 216 and by inserting after section 213 the fol- 42 USC 7550. lowing new section: " S T U D Y OF P A R T I C U L A T E EMISSIONS FROM MOTOR VEHICLES

" SEC. 214. (a)(1) The Administrator shall conduct a study con- 42 USC 7548. cerning the effects on health and welfare of particulate emissions from motor vehicles or motor vehicle engines to which section 202 applies. Ante, pp. 702,, Such study shall characterize and quantify such emissions and ana- 751-753, lyze the relationship of such emissions to various fuels and fuel 758-761, 765; additives. •^"/"•a; Post, pp. 769, 791.

29-194

0 - 8 0 - 5 1

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Page:United States Statutes at Large Volume 91.djvu/802

 91 STAT. 768

Report to Congress.

Certificate of conformity. Ante, p. 758.

Ante, pp. 759, 760, 765; Post, p. 791.

Motorcycles.

JU

Vehicles or engines, testing.

Penalties.

Ante, pp. 702, 751-753, 758-761, 765, 767; Post, pp. 769, 791.
 * M^

•ail

Ante, p. 756.

PUBLIC LAW 95-95—AUG. 7, 1977 "(2) The study shall also include an analysis of particulate emissions from mobile sources which are not related to engine emissions (including, but not limited to tire debris, and asbestos from brake lining). "(b) The Administrator shall report to the Congress the findings and results of the study conducted under subsection (a) not later than two years after the date of the enactment of the Clean Air Act Amendments of 1977. Such report shall also include recommendations for standards or methods to regulate particulate emissions described in paragraph (2) of subsection (a).", (e) Section 206 of such Act (relating to compliance testing and certification) is amended by adding the following new subsection at the end thereof: "(g)(1) In the case of any class or category of heavy-duty vehicles or engines to which a standard promulgated under section 202(a) of this Act applies, except as provided in paragraph (2), a certificate of conformity shall be issued under subsection (a) and shall not be suspended or revoked under subsection (b) for such vehicles or engines manufactured by a manufacturer notwithstanding the failure of such vehicles or engines to meet such standard if such manufacturer pays a nonconformance penalty as provided under regulations promulgated by the Administrator after notice and opportunity for public hearing. In the case of motorcycles to which such a standard applies, such a certificate may be issued notwithstanding such failure if the manufacturer pays such a penalty. "(2) No certificate of conformity may be issued under paragraph (1) with respect to any class or category of vehicle or engine if the degree by which the manufacturer fails to meet any standard promulgated under section 202(a) with respect to such class or category exceeds the percentage determined under regulations promulgated by the Administrator to be practicable. Such regulations shall require such testing of vehicles or engines being produced as may be necessary to determine the percentage of the classes or categories of vehicles or engines which are not in compliance with the regulations with respect to which a certificate of conformity was issued and shall be promulgated not later than one year after the date of enactment of the Clean Air Act Amendments of 1977. "(3) The regulations promulgated under paragraph (1) shall, not later than one year after the date of enactment of the Clean Air Act Amendments of 1977, provide for nonconformance penalties in amounts determined under a formula established by the Administrator. Such penalties under such formula— " CA) may vary from pollutant-to-pollutant: j= "(B) may vary by class or category or vehicle or engine; "(C) shall take into account the extent to which actual emissions of any air pollutant exceed allowable emissions under the standards promulgated under section 202; "(D) be increased periodically in order to create incentives for the development of production vehicles or engines which achieve the required degree of emission reduction; and " (E) shall remove any competitive disadvantage to manufacturers whose engines or vehicles achieve the required degree of emission reduction (including any such disadvantage arising from the application of paragraph (4)). " (4) In any case in which a certificate of conformity has been issued under this subsection, any warranty required under section 207(b)(2)

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Page:United States Statutes at Large Volume 91.djvu/803

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 769

and any action under section 207(c) shall be required to be effective Ante, p. 755. only for the emission levels which the Administrator determines that such certificate was issued and not for the emission levels required under the applicable standard. "(5) The authorities of section 208(a) shall apply, subject to the 42 USC 7542. conditions of section 208(b), for purposes of this subsection.". (g) Section 202(d) of such Act is amended by striking out "and" 42 USC 7521. at the end of paragraph (1) thereof; by inserting " (other than motorcycles or motorcycle engines)" after "engines" in paragraph (2) thereof; by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and by adding a new paragraph (3) to read as follows: "(3) in the case of any motorcycle or motorcycle engine, be a period of use the Administrator shall determine.". AIRCRAFT EMISSIONS STANDARDS

SEC. 225. Section 231(c) of the Clean Air Act is amended to read 42 USC 7571. as follows: "(c) Any regulations in effect under this section on date of enact- Notice and ment of the Clean Air Act Amendments of 1977 or proposed or pro- hearing, mulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety. Any such finding shall include a reasonably specific statement of the basis upon which the finding was made.". CARBON MONOXIDE INTRUSION INTO SUSTAINED USE VEHICLES

SEC. 226. (a) The Administrator, in conjunction with the Secretary of Transportation, shall study the problem of carbon monoxide intrusion into the passenger area of sustained-use motor vehicles. Such study shall include an analysis of the sources and levels of carbon monoxide in the passenger area of such vehicles and a determination of the effects of carbon monoxide upon the passengers. The study shall also review available methods of monitoring and testing for the presence of carbon monoxide and shall analyze the cost and effectiveness of alternative methods of monitoring and testing. The study shall analyze the cost and effectiveness of alternative strategies for attaining and maintaining acceptable levels of carbon monoxide in the passenger area of such vehicles. Within one year the Administrator shall report to the Congress respecting the results of such study. (b) For the purpose of this section, the term "sustained-use motor vehicle" means any diesel or gasoline fueled motor vehicle (whether light or heavy duty) which, as determined by the Administrator (in conjunction with the Secretary), is normally used and occupied for a sustained, continuous, or extensive period of time, including buses, taxicabs, and police vehicles.

Study. 42 USC 7521 note.

Report to Congress. "Sustained-use motor vehicle."

TITLE III—AMENDMENTS RELATING PRIMARILY TO TITLE III O F THE CLEAN AIR ACT DEFINITIONS

SEC. 301. (a) Section 302 of the Clean Air Act is amended by 42 USC 7602. adding the following new subsections at the end thereof:

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Page:United States Statutes at Large Volume 91.djvu/804

 91 STAT. 770

42 USC 7602.

PUBLIC LAW 95-95—AUG. 7, 1977 "(i) The term 'Federal land manager' means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. "(j) Except as otherwise expressly provided, the terms 'major stationary source' and 'major emitting facility' mean any stationary facility or source of air pollutants which directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant (including any major emitting facility or source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). "(k) The terms 'emission limitation' and 'emission standard' mean a requirement established by the State or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous omission reduction. "(1) The term 'standard of performance' means a requirement of continuous emission reduction, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction. "(m) The term 'means of emission limitation' means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics). "(n) The term 'primary standard attainment date' means the date specified in the applicable implementation plan for the attainment of a national primary ambient air quality standard for any air pollutant. "(o) The term 'delayed compliance order' means an order issued by the State or by the Administrator to an existing stationary source, postponing the date required under an applicable implementation plan for compliance by such source with any requirement of such plan. "(p) The term 'schedule and timetable of compliance' means a schedule of required measures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard.". (b) Section 302(e) of such Act is amended to read as follows: "(e) The term 'person' includes an individual corporation, partnership, association. State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.". (c) Section 302(g) of such Act is amended to read as follows: "(g) The term 'air pollutant' means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air.". EMERGEXCY POWERS

42 USC 7603.

consultation.

^^^- ^^'^' (^) Section 303 of the Clean Air Act is amended by inserting " (a) " after "303" and by adding the following at the end, thereof: "If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect the health of persons who are, or may be, affected by such pollution source- (or sources). Prior to taking any action under this section, the Administrator shall consult with the State and local authorities in

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Page:United States Statutes at Large Volume 91.djvu/805

 PUBLIC LAW 95-95—AUG. 7, 1977 order to confirm the correctness of the information on which the action proposed to be taken is based and to ascertain the action which such authorities are, or will be, taking. Such order shall be effective for a period of not more than twenty-four hours unless the Administrator brings an action under the first sentence of this subsection before the expiration of such period. Whenever the Administrator brings such an action within such period, such order shall be effective for a period of forty-eight hours or such longer period as may be authorized by the court pending litigation or thereafter. "(b] Any person who willfully violates, or fails or refuses to comply with, any order issued by the Administrator under subsection (a) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $5,000 for each day during which such violation occurs or failure to comply continues.". (b) Section 313 of the Clean Air Act is amended by striking out "and" at the end of clause (9) and adding before the period after clause (10): "; and (11)(A) the status of plan provisions developed by States as required under section 110(a)(2)(F)(v), and an accounting of States failing to develop suitable plans; (B) the number of annual incidents of air pollution reaching or exceeding levels determined to present an imminent and substantial endangerment to health (within the meaning of section 303) by location, date, pollution source, and the duration of the emergency; (C) measures taken pursuant to section 110(a)(2)(F)(v), and an evaluation of their effectiveness in reducing pollution; and (D) an accounting of those instances in which an air pollution alert, warning, or emergency is declared as required under regulations of the Administrator and in which no action is taken by either the Administrator, State, or local officials, together with an explanation for the failure to take action". CITIZEN

91 STAT. 771

Noncompliance, penalty,

42 USC 7613. 42 USC 7410. v > Ante, p. 770.

-W^yi ^^U *

SUITS

SEC. 303. (a) Section 304(a) of the Clean Air Act is amended— ^ (1) by striking out "or" at the end of paragraph (1) and striking out the period at the end of paragraph (2) and inserting in lieu thereof ", or"; and (2) by inserting immediately after paragraph (2) the following new paragraph: " (3) against any person who proposes to construct or constructs any new major emitting facility without a permit required under part C of title I (relating to significant deterioration of air quality) or part D of title I (relating to nonattainment) or who is alleged to be in violation of any condition of such permit.", (b) Section 304(f) of such Act is amended by striking out "or" at the end of paragraph (1), striking out the period at the end of paragraph (2) and substituting ", or", and by adding the following new paragraph at the end thereof: "(3) any condition or requirement of a permit under part C of title I (relating to significant deterioration of air quality) or part D of title I (relating to nonattainment), any condition or requirement of section 113(d) (relating to certain enforcement orders). section 119 (relating to primary nonferrous smelter orders), requirements under an applicable implementation plan relating tx) transportation control measures, air quality maintenance plans, vehicle inspection and maintenance programs or vapor recovery requirements, section 211(e) and (f) (relating to fuels and fuel

^2 USC 7604.

Ante, p. 731. Ante, p. 746.

' • •• Ante, p. 705. ^re^e, pp. 709, ^^2«' '^ Ante, p. 762.

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Page:United States Statutes at Large Volume 91.djvu/806

 91 STAT. 772

PUBLIC LAW 95-95—AUG. 7, 1977

Ante, p. 742. additives), or section 169A (relating to visibility protection), any Ante, p. 726. condition or requirement under part B of title I (relating to ozone Ante, pp. 697, protection) any requirement under section 111 or 112 (without 699-701, 703; regard to whether such requirement is expressed as an emission Post, p. 791. standard or otherwise).". 70s'Post p 796 (^) Section 304(e) of such Act is amended by inserting at the end 42 USC 7604. thereof the following: "Nothing in this section or in any other law of the United States shall be construed to prohibit, exclude, or restrict any State, local, or interstate authority from— r»»rtfe ' "(1) bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court, or " (2) bringing any administrative enforcement action or obtaining any administrative remedy or sanction in any State or local administrative agency, department or instrumentality, against the United States, any department, agency, or instrumentality ^ ' thereof, or any officer, agent, or employee thereof under State or local law respecting control and abatement of air pollution. For provisions requiring compliance by the United States, departments, agencies, instrumentalities, officers, agents, and employees in the same manner as Ante, p. 711. nongovernmental entities, see section 118.". fn/ra. (d) Section 307 of such Act, as amended by section 305 of this Act, is amended by adding the following at the end thereof: •"^ "(e) Nothing in this Act shall be construed to authorize judicial review of regulations or orders of the Administrator under this Act, '^ except as provided in this section.". ^

42 USC 7605.

CrVIL LITIGATION

SEC. 304. (a) Section 305 of the Clean Air Act is amended to read as follows: "REPRESENTATION IN LITIGATION

•"•'•'' ' '

"SEC. 305. (a) The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this Act to which the Administrator is a party. Unless the Attorney General notifies the Administrator that he will appear in such action, within a reasonable time, attorneys appointed by the Administrator shall appear and represent him. "(b) In the event the Attorney General agrees to appear and represent the Administrator in any such action, such representation shall be conducted in accordance with, and shall include participation by, attorneys appointed by the Administrator to the extent authorized by, the memorandum of understanding between the Department of Justice and the Environmental Protection Agency, dated June 13, 1977, respecting representation of the agency by the department in civil litigation.". ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

42 USC 7607.

Ante, p. 691. Ante, p. 694.

SEC. 305. (a) Section 307 of the Clean Air Act is amended by adding the following: new subsection at the end thereof: "(d)(1) This subsection applies to— "(A) the promulgation or revision of any national ambient air quality standard under section 109, "(B) the promulgation or revision of an implementation plan by the Administrator under section 110(c),

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Page:United States Statutes at Large Volume 91.djvu/807

 PUBLIC LAW 9 5 - 9 5 — A U G. 7, 1977 " (C) the promulgation or revision of any standard of performance under section 111 or emission standard under section 112, " (D) the promulgation or revision of any regulation pertaining to any fuel or fuel additive under section 211, " (E) the promulgation or revision of any aircraft emission standard under section 231, " (F) promulgation or revision of regulations pertaining to orders for coal conversion under section 1 1 3 (d)(5) (but not including orders g r a n t i n g or denying any such orders), " (G) promulgation or revision of regulations pertaining to p r i m a r y nonferrous smelter orders under section 119 (but not including the g r a n t i n g or denying of any such o r d e r), " (H) promulgation or revision of regulations under subtitle B of title I (relating to stratosphere and ozone protection), " (I) promulgation or revision of regulations under subtitle C of title I (relating to prevention of significant deterioration of air quality and protection of visibility), " (J) promulgation or revision of regulations under section 202 and test procedures for new motor vehicles or engines under section 206, and the revision of a standard under section 202 (a)(3), . . . " (K) promulgation or revision of regulations for noncompliance penalties under section 120, " (L) promulgation or revision of any regulations promulgated under section 207 (relating to warranties and compliance by vehicles in actual use), " (M) action of the Administrator under section 126 (relating to interstate pollution abatement), and " (N) such other actions as the Administrator may determine. The provisions of section 553 through 557 and section 706 of title 5 of the United States Code shall not, except as expressly provided in this subsection, apply to actions to which this subsection applies. This subsection shall not apply in the case of any rule or circumstance referred to in subparagraphs (A) or (B) of subsection 553(b) of title 5 of the United States Code. " (2) Not later than the date of proposal of any action to which this subsection applies, the Administrator shall establish a rulemaking docket for such action (hereinafter in this subsection referred to as a ' r u l e '). Whenever a rule applies only within a particular State, a second (identical) docket shall be simultaneously established in the appropriate regional office of the Environmental Protection Agency. " (3) I n the case of any rule to which this subsection applies, notice of proposed rulemaking shall be published in the Federal Register, as provided under section 553(b) of title 5, United States Code, shall be accompanied by a statement of its basis and purpose and shall specify the period available for public comment (hereinafter referred to as the 'comment period '). The notice of proposed rulemaking shall also state the doclcet number, the location or locations of the docket, and the times it will be open to public inspection. The statement of basis and T»urpose shall include a summary of— " (A) the factual data on which the proposed rule is based; " (B) the methodology used in obtaining the data and in analvzinfir the d a t a; and " (C) the major legal interpretations and policy considerations underlyinar the proposed rule. The statement shall also set forth or summarize and provide a refer-

91 STAT. 773

Ante, pp. 697, 699-701, 703; Post, p. 791. Ante, pp. 701, 703; Post, p. 796. Ante, pp. 762, 764; Post, p. 791. Ante, p. 769; j^iue, p. <ov Post, p. 791. Ante, p. 705. Ante, pp.. 709, 712. Ante, p. 726. Ante, p. 731. Ante, p. 702. Ante, p. 762. Ante, p. 765. Ante, p. 714. Ante, pp. 754-758. Ante, p. 724.

Rulemaking docket, establishment.

Publication in Federal Register.

Purpose statement, contents.

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Page:United States Statutes at Large Volume 91.djvu/808

 91 STAT. 774 Ante, p. 691.

Docket inspection.

Hearing, transcript.

Oral or written submissions.

Transcript.

Purpose statement.

PUBLIC LAW 95-95—AUG. 7, 1977 ence to any pertinent findings, recommendations, and comments by the Scientific Review Committee established under section 109(d) and the National Academy of Sciences, and, if the proposal differs in any important respect from any of these recommendations, an explanation of the reasons for such differences. All data, information, and documents referred to in this paragraph on which the proposed rule relies shall be included in the docket on the date of publication of the proposed rule. "(4)(A) The rulemaking docket required under paragraph (2) shall be open for inspection by the public at reasonable times specified in the notice of proposed rulemaking. Any person may copy documents contained in the docket. The Administrator shall provide copying facilities which may be used at the expense of the person seeking copies, but the Administrator may waive or reduce such expenses in such instances as the public interest requires. Any person may request copies by mail if the person pays the expenses, including personnel costs to do the copying. "(B)(i) Promptly upon receipt by the agency, all written comments and documentary information on the proposed rule received from any person for inclusion in the docket during the comment period shall be placed in the docket. The transcript of public hearings, if any, on the proposed rule shall also be included in the docket promptly upon receipt from the person who transcribed such hearings. All documents which become available after the proposed rule has been published and which the Administrator determines are of central relevance to the rulemaking shall be placed in the docket as soon as possible after their availability. "(ii) The drafts of proposed rules submitted by the Administrator to the Office of Management and Budget for any interagency review process prior to proposal of any such rule, all documents accompanying such drafts, and all written comments thereon by other agencies and all written responses to such written comments by the Administrator shall be placed in the docket no later than the date of proposal of the rule. The drafts of the final rule submitted for such review process prior to promulgation and all such written comments thereon, all documents accompanying such drafts, and written responses thereto shall be placed in the docket no later than the date of promulgation. "(5) In promulgating a rule to which this subsection applies (i) the Admmistrator shall allow any person to submit written comments, data, or documentary information; (ii) the Administrator shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions; (iii) a transcript shall be kept of any oral presentation; and (iv) the Administrator shall keep the record of such proceeding open for thirty days after completion of the proceeding to provide an opportunity for submission of rebuttal and supplementary information. "(6)(A) The promulgated rule shall be accompanied by (i) a statement of basis and purpose like that referred to in paragraph (3) with respect to a proposed rule and (ii) an explanation of the reasons for any major changes in the promulgated rule from the proposed rule. "(B) The promulgated rule shall also be accompanied by a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations during the comment period.

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Page:United States Statutes at Large Volume 91.djvu/809

 PUBLIC LAW 95-95—AUG. 7, 1977 "(C) The promulgated rule may not be based (in part or whole) on any information or data which has not been placed in the docket as of the date of such promulgation. "(7)(A) The record for judicial review shall consist exclusively of the material referred to in paragraph (3), clause (i) of paragraph (4^ (B), and subparagraphs (A) and (B) of paragraph (6). "(B) Only an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. If the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within such time or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule, the Administrator shall convene a proceeding for reconsideration of the rule and provide the same procedural rights as would have been afforded had the information been available at the time the rule was proposed. If the Administrator refuses to convene such a proceeding, such person may seek review of such refusal in the United States court of appeals for the appropriate circuit (as provided in subsection (b)). Such reconsideration shall not postpone the effectiveness of the rule. The effectiveness of the rule may be stayed during such reconsideration, however, by the Administrator or the court for a period not to exceed three months. "(8) The sole forum for challenging procedural determinations made by the Administrator under this subsection shall be in the United States court of appeals for the appropriate circuit (as provided in subsection (b)) at the time of the substantive review of the rule. No interlocutory appeals shall be permitted with respect to such procedural determinations. In reviewing alleged procedural errors, the court may invalidate the rule only if the errors were so serious and related to matters of such central relevance to the rule that there is a substantial likelihood that the rule would have been significantly changed if such errors had not been made. "(9) In the case of review of any action of the Administrator to which this subsection applies, the court may reverse any such action found to be— "(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; "(B) contrary to constitutional right, power, privilege, or immunity; "(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; or "(D) without observance of procedure required by law. if (i) such failure to observe such procedure is arbitrary or capricious, (ii) the requirement of paragraph (7)(B) has been met, and (iii) the condition of the last sentence of paragraph (8) is met. "(10) Each statutory deadline for promulgation of rules to which this subsection applies which requires promulgation less than six months after date of proposal may be extended to not more than six months after date of proposal by the Administrator upon a determination that such extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of this subsection. "(11) The requirements of this subsection shall take effect with

91 STAT. 775

Record.

Reconsideratioia proceeding.

Review.

Stay.

Interlocutory appeals, prohibition.

Extension.

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Page:United States Statutes at Large Volume 91.djvu/810

 91 STAT. 776

Notice and hearing. 42 USC 7405.

42 USC 7607. Ante, p. 714

Petition, filing.

42 USC 7414.

Regulations. 42 USC 7601.

PUBLIC LAW 95-95—AUG. 7, 1977 respect to any rule the proposal of which occurs after ninety days after the date of enactment of the Clean Air Act Amendments of 1977.". (b) Section 105 of such Act is amended by adding the following new subsection at the end thereof: "(e) No application by a State for a grant under this section may be disapproved by the Administrator without prior notice and opportunity for a public hearing in the affected State, and no commitment or obligation of any funds under any such grant may be revoked or reduced without prior notice and opportunity for a public hearing in the affected State (or in one of the affected States if more than one State is affected).". (c)(1) The first sentence of section 307(b)(1) of such Act is amended by striking out "or" after "211," and by inserting after "231" the following: "any rule or order issued under section 120 (relating to noncompliance penalties, any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this Act". (2) The second sentence of section 307(b)(1) of such Act is amended by inserting after "thereunder," the following: "or any other final action of the Administrator under this Act which is locally or regionally applicable". (3) The last sentence of section 307(b)(1) of such Act is amended to read as follows: "Any petition for review under this subsection shall be filed within sixty days from the date notice of such promulgation, approval, or action appears in the Federal Register, except that if such petition is based solely on grounds arising after such sixtieth day, then any petition for review under this subsection shall be filed within sixty days after such grounds arise. (4) Section 307(b)(1) of such Act is further amended by inserting the following after the second sentence thereof: "Notwithstanding the preceding sentence a petition for review of any action referred to in such sentence may be filed only in the United States Court of Appeals for the District of Columbia if such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.". (d)(1) Clause (iii) of section 114(a) of such Act relating to inspection, monitoring, and entry, is amended by striking out "section 119 or 303" and inserting in lieu thereof the following: "any provision of this Act (except with respect to a manufacturer of motor vehicles or motor vehicle engines)". (2) Section 114(a)(1) of such Act is amended by striking out "the owner or operator of any emission source" and inserting in lieu thereof "any person subject to any requirement of thisAct (other than a manufacturer subject to the provisions of section 206(c) or 208)". (3) Section 114(a)(2)(A) of such Act is amended by striking out "in which an emission source is located" and by inserting in lieu thereof "of such person". (4) Section 114(a)(2)(B) of such Act is amended by striking out "the owner or operator of such source" and by inserting in lieu thereof "such person". (e) Section 301 of such Act is amended by inserting " (1) " after " (a) " and by inserting a new paragraph (2) to read: "(2) Not later than one year after the date of enactment of this paragraph, the Administrator shall promulgate regulations establishing general applicable procedures and policies for regional officers

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Page:United States Statutes at Large Volume 91.djvu/811

 PUBLIC LAW 95-95—AUG. 7, 1977 and employees (including the Kegional Administrator) to follow in carrying out a delegation under paragraph (1), if any. Such regulations shall be designed— "(A) to assure fairness and uniformity in the criteria, procedures, and policies applied by the various regions in implementing and enforcing the Act; "(B) to assure at least an adequate quality audit of each State's performance and adherence to the requirements of this Act in implementing and enforcing the Act, particularly in the review of new sources and in enforcement of the Act; and "(C) to provide a mechanism for identifying and standardizing inconsistent or varying criteria, procedures, and policies being employed by such officers and employees in implementing and enforcing the Act.". (f) Section 307 of such Act, as amended by section 303(d) of this Act, is amended by adding the following new subsection at the end thereof: "(f) In any judicial proceeding under this section, the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such award is appropriate.". (g) Section 307 of such Act is amended by adding the following new subsection at the end thereof: "(g) In any action respecting the promulgation of regulations under section 120 or the administration or enforcement of section 120 no court shall grant any stay, injunctive, or similar relief before final judgment by such court in such action.". (h) Section 307(b) of such Act is amended by inserting "any order under section 120," after "111 (d)".

91 STAT. 777

Court costs. Ante, p. 772.

Relief.

Ante, p. 714.

Ante, p. 776.

SEWAGE TREATMENT GRANTS

SEC. 306. Title III of the Clean Air Act is amended by striking out section 316 and adding the following new section at the end thereof: u SEWAGE TREATMENT

GRANTS

"SEC. 316. (a) No grant which the Administrator is authorized to Construction. make to any applicant for construction of sewage treatment works in 42 USC 7616,, any area in any State may be withheld, conditioned, or restricted by the Administrator on the basis of any requirement of this Act except as provided in subsection (b). "(b) The Administrator may withhold, condition, or restrict the Restriction. making of any grant for construction referred to in subsection (a) only if he determines that— "(1) such treatment works will not comply with applicable Ante, pp. 697., standards under section 111 or 112, "(2) the State does not have in effect, or is not carrying out, a 699-701, 703; State implementation plan approved by the Administrator which Post, p. 791. pp. expressly quantifies and provides for the increase in emissions of Ante, Post,701,, p. 796. each air pollutant (from stationary and mobile sources in any 703; Emissions, area to which either part C or part D of title I applies for such increase. pollutant) which increase may reasonably be anticipated to result Ante, pp. 731, directly or indirectly from the new sewage treatment capacity 746. which would be created by such construction. "(3) the construction of such treatment works would create new sewage treatment capacity which—

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Page:United States Statutes at Large Volume 91.djvu/812

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 778 '' " •

Ante, p. 746.

42 USC 4321 note.

"(A) may reasonably be anticipated to cause or contribute to, directly or indirectly, an increase in emissions of any air pollutant in excess of the increase provided for under the provisions referred to in paragraph (2) for any such area, or "(B) would otherwise not be in conformity with the applicable implementation plan, or "(4) such increase in emissions would interfere with, or be inconsistent with, the applicable implementation plan for any other State. In the case of construction of a treatment works which would result, directly or indirectly, in an increase in emissions of any air pollutant from stationary and mobile sources in an area to which part D of title I applies, the quantification of emissions referred to in paragraph (2) shall include the emissions of any such pollutant resulting directly or indirectly from areawide and nonmajor stationary source growth (mobile and stationary) for each such area. "(c) Nothing in this section shall be construed to amend or alter any provision of the National Environmental Policy Act or to affect any determination as to whether or not the requirements of such Act have been met in the case of the construction of any sewage treatment works.". ECONOMIC IMPACT ASSESSMENT

Standards or regulations.

SEC. 307. Title III of the Clean Air Act is amended by adding the following new section at the end thereof: J '!)•'•

42 USC 7617.

Ante, p. 700; Post, p. 791. Ante, p. 699. Ante, p. 726. Ante, pp. 702, 751-753, 758-761, 765, 767, 769; Post, p. 791. Post, p. 791. Ante, p. 769; Post, p. 791. Publication in Federal Register.

,.at*T

Ante, p. 772.

• =

" E C O N O M I C IMPACT ASSESSMENT

"SEC. 317. (a) This section applies to action of the Administrator in promulgating or revising— "(1) any new source standard of performance under section 111(b), " (2) any regulation under section 111(d), -a "(3) any regulation under part B of title I (relating to ozone and stratosphere protection), " (4) any regulation under part C of title I (relating to prevention of significant deterioration of air quality), "(5) any regulation establishing emission standards under section 202 and any other regulation promulgated under that section, "(6) any regulation controlling or prohibiting any fuel or fuel additive under section 211(c), and "(7) any aircraft emission standard under section 231. Nothing in this section shall apply to any standard or regulation described in paragraphs (1) through (7) of this subsection unless the notice of proposed rulemaking in connection with such standard or regulation is published in the Federal Register after the date ninety days after the date of enactment of this section. In the case of revisions of such standards or regulations, this section shall apply only to revisions which the Administrator determines to be substantial revisions. "(b) Before publication of notice of proposed rulemaking with respect to any standard or regulation to which this section applies, the Administrator shall prepare an economic impact assessment respecting such standard or regulation. Such assessment shall be included in the docket required under section 307(d)(2) and shall be available to the public as provided in section 307(d)(4). Notice of proposed rulemaking shall include, notice of such availability together

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Page:United States Statutes at Large Volume 91.djvu/813

 PUBLIC LAW 95-95—AUG. 7, 1977 with an explanation of the extent and manner in which the Administrator has considered the analysis contained in such economic impact assessment in proposing the action. The Administrator shall also provide such an explanation in his notice of promulgation of any regulation or standard referred to in subsection (a). Each such explanation shall be part of the statements of basis and purpose required under sections 307(d)(3) and 307(d)(6). "(c) Subject to subsection (d), the assessment required under this section with respect to any standard or regulation shall contain an analysis of— "(1) the costs of compliance with any such standard or regulation, including extent to which the costs of compliance will vary depending on (A) the effective date of the standard or regulation, and (B) the development of less expensive, more efficient means or methods of compliance with the standard or regulation; "(2) the potential inflationary or recessionary effects of the standard or regulation; "(3) the effects on competition of the standard or regulation with respect to small business; "(4) the effects of the standard or regulation on consumer costs; and "(5) the effects of the standard or regulation on energy use. Nothing in this section shall be construed to provide that the analysis of the factors specified in this subsection affects or alters the factors which the Administrator is required to consider in taking any action referred to in subsection (a). "(d) The assessment required under this section shall be as extensive as practicable, in the judgment of the Administrator taking into account the time and resources available to the Environmental Protection Agency and other duties and authorities which the Administrator is required to carry out under this Act. "(e) Nothing in this section shall be construed— "(1) to alter the basis on which a standard or regulation is promulgated under this Act; "(2) to preclude the Administrator from carrying out his responsibility under this Act to protect public health and welfare; or "(3) to authorize or require any judicial review of any such standard or regulation, or any stay or injunction of the proposal, promulgation, or effectiveness of such standard or regulation on the basis of failure to comply with this section. "(f) The requirements imposed on the Administrator under this section shall be treated as nondiscretionary duties for purposes of section 304(a)(2), relating to citizen suits. The sole method for enforcement of the Administrator's duty under this section shall be by bringing a citizen suit under such section 304(a)(2) for a court order to compel the Administrator to perform such duty. Violation of any such order shall subject the Administrator to penalties for contempt of court. "(g) In the case of any provision of this Act in which costs are expressly required to be taken into account, the adequacy or inadefjuacy of any assessment required under this section may be taken into consideration, but shall not be treated for purposes of judicial review of any such provision as conclusive with respect to compliance or noncompliance with the requirement of such provision to take cost into account.".

91 STAT. 779

Ante, p. 772. Analysis.

42 USC 7604. Court order. Violation, penalties.

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Page:United States Statutes at Large Volume 91.djvu/814

 91 STAT. 780

PUBLIC LAW 95-95—AUG. 7, 1977 -Sih

FINANCIAL DISCLOSURE: CONFLICTS OF INTEREST

SEC. 308. Title III of the Clean Air Act is amended by adding the following new section at the end thereof: "FINANCIAL DISCLOSURE; CONFLICTS OF INTEREST Statement, filing. 42 USC 7618.

Ante, p. 691.

Availability to public.

Known financial interest, definition requirement. Review.

Annual report to Congress.

Ante, pp. 697, 699, 701, 703; Post, p. 791. Ante, pp. 701, 703; Post, p. 796.

"SEC. 318. (a) Each person who— "(1) has any known financial interest in (A) any person subject to this Act, or (B) any person who applies for or receives any grant, contract, or other form of financial assistance pursuant ^ to this Act. and "(2) is (A) an officer or employee of the Environmental Protection Agency who performs any function of duty under this Act, (B) a member of the National Commission on Air Quality appointed as a member of the public, or (C) a member of the scientific review committee under section 109(d) shall, beginning six months after the date of enactment of this section, annually file with the Administrator a written statement concerning all such interests held by such officer, employee, or member during the preceding calendar year. Such statement shall be available to the public. "(b) The Administrator shall— "(1) act within ninety days after the date of enactment of the Clean Air Act Amendments of 1977— "(A) to define the term 'known financial interest' for purposes of subsection (a) of this section; "(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers, employees and members of such statements and the review by the Administrator (or the Commission in the case of members of the Commission) of such statements; and "(2) report to the Congress on June 1 of each calendar year with respect to such statements to the Administrator and the actions taken in regard thereto during the preceding calendar year. "(c) After the date one year after the date of the enactment of this section, no person who— "(1) is employed by, serves as attorney for, acts as a consultant for, or holds any other official or contractual relationship to— "(A) the owner or operator of any major stationary source or any stationary source which is subject to a standard of performance or emission standard under section 111 or 112, "(B) any manufacturer of any class or category of mobile sources if such mobile sources are subject to regulation under this Act, "(C) any trade or business association of which such owner or operator referred to in subparagraph (A) or such manu'• facturer referred to in subparagraph (B) is a member or "(D) any organization (whether or not nonprofit) which i is a party to litigation, or engaged in political, educational, or informational activities, relating to air quality, or "(2) owns, or has any financial interest in, any stock, bonds, or other financial interest which ownership or interest may be inconsistent with a position as an officer or employee of the Environ-

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Page:United States Statutes at Large Volume 91.djvu/815

 PUBLIC LAW 95-95—AUG. 7, 1977 mental Protection Agency, as determined under regulations of the Administrator, may concurrently serve as such an officer or employee of the Environmental Protection Agency. "(d) The Administrator shall promulgate rules for purposes of subsections (b) and (c) which— "(1) identify specific offices or positions within such agency which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section, and " (2) identify the ownership or financial interests which may be inconsistent with particular regulatory or policymaking offices or positions within the Environmental Protection Agency. "(e) Any officer or employee of the Environmental Protection Agency or member of the National Commission on Air Quality or of the scientific review committee under section 109(d) who is subject to, and knowingly violates, this section or any regulation issued thereunder, shall be fined not more than $2,500 or imprisoned not more than one year, or both, "(f) Nothing in this section shall be construed to affect or impair any other Federal statutory requirements respecting disclosure or conflict of interest applicable to the Environmental Protection Agency. Subsections (c) and (d) of this section shall not apply after the effective date of any such requirements respecting conflicts of interest which are generally applicable to departments, agencies, and instrumentalities of the United States.".

91 STAT. 781

Rules.

Exemption.

^j^, Penalty. 'Ante, p. 691. ,.,- ^ -;.

r,.,

AIR QUALITY MONITORING BY ENVIRONMENTAL PROTECTION AGENCY

SEC. 309. Title III of the Clean Air Act is amended by adding the following new section at the end thereof:

Notice and hearing. Regulations.

" A I R QUALITY MONITORING

"SEC. 319. Not later than one year after the date of enactment of 42 USC 7619. the Clean Air Act Amendments of 1977 and after notice and opportunity for public hearing, the Administrator shall promulgate regula-, tions establishing an air quality monitoring system throughout the United States which— "(1) utilizes uniform air quality monitoring criteria and methodology and measures such air quality according to a uniform air i4d\ ':>?:>}, quality indexj "(2) provides for air quality monitoring stations in major urban areas and other appropriate areas throughout the United States to provide monitoring such as will supplement (but not duplicate) air quality monitoring carried out by the States required under any applicable implementation plan, • > al "(3) provides for daily analysis and reporting of air quality based upon such uniform air quality index, and "(4) provides for recordkeeping with respect to such monitor- Recordkeeping, ing data and for periodic analysis and reporting to the general Report to public, piiblic by the Administrator with respect to air quality based upon such data. The operation of such air quality monitoring system may be car- Operation, ried out by the Administrator or by such other departments, agencies, or entities of the Federal Government (including the National Weather Service) as the President may deem appropriate. Any air

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