Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. 42 USC 7610 OTHER AUTHORITY (a) Authority and responsibilities under other laws not affected Except as provided in subsection (b) of this section, this chapter shall not be construed as superseding or limiting the authorities and responsibilities, under any other provision of law, of the Administrator or any other Federal officer, department, or agency. (b) Nonduplication of appropriations No appropriation shall be authorized or made under section 241, 243, or 246 of this title for any fiscal year after the fiscal year ending June 30, 1964, for any purpose for which appropriations may be made under authority of this chapter. (July 14, 1955, ch. 360, title III, Sec. 310, formerly Sec. 10, as added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401; renumbered Sec. 303, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 505; renumbered Sec. 310 and amended Pub. L. 91-604, Secs. 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.) Codification Section was formerly classified to section 1857i of this title. Prior Provisions A prior section 310 of act July 14, 1955, was renumbered section 317 by Pub. L. 91-604 and is set out as a Short Title note under section 7401 of this title. Provisions similar to those in subsec. (a) of this section were contained in section 1857f of this title, act July 14, 1955, ch. 360, Sec. 7, 69 Stat. 323, prior to the general amendment of this chapter by Pub. L. 88-206. Amendments 1970-Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator" for "Secretary". 1967-Subsec. (b). Pub. L. 90-148 substituted reference to section 246 of this title for reference to section 246(c) of this title. Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. 42 USC 7611 RECORDS AND AUDIT (a) Recipients of assistance to keep prescribed records Each recipient of assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) Audits The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter. (July 14, 1955, ch. 360, title III, Sec. 311, formerly Sec. 11, as added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401; renumbered Sec. 304, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 505; renumbered Sec. 311 and amended Pub. L. 91-604, Secs. 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.) Codification Section was formerly classified to section 1857j of this title. Amendments 1970-Pub. L. 91-604, Sec. 15(c)(2), substituted “Administrator" for "Secretary" and "Secretary of Health, Education, and Welfare". 1967-Pub. L. 90-148 reenacted section without change. Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. Section Referred to in Other Sections This section is referred to in sections 4905, 7541 of this title. ECONOMIC IMPACT ANALYSES 42 USC 7612 (a) Cost-benefit analysis The Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Analysis (as established under subsection (f) of this section), shall conduct a comprehensive analysis of the impact of this chapter on the public health, economy, and environment of the United States. In performing such analysis, the Administrator should consider the costs, benefits and other effects associated with compliance with each standard issued for (1) a criteria air pollutant subject to a standard issued under section 7409 of this title; (2) a hazardous air pollutant listed under section 7412 of this title, including any technologybased standard and any risk-based standard for such pollutant; (3) emissions from mobile sources regulated under subchapter II of this chapter; (4) a limitation under this chapter for emissions of sulfur dioxide or nitrogen oxides; (5) a limitation under subchapter VI of this chapter on the production of any ozone-depleting substance; and (6) any other section of this chapter. (b) Benefits In describing the benefits of a standard described in subsection (a) of this section, the Administrator shall consider all of the economic, public health, and environmental benefits of efforts to comply with such standard. In any case where numerical values are assigned to such benefits, a default assumption of zero value shall not be assigned to such benefits unless supported by specific data. The Administrator shall assess how benefits are measured in order to assure that damage to human health and the environment is more accurately measured and taken into account. (c) Costs In describing the costs of a standard described in subsection (a) of this section, the Administrator shall consider the effects of such standard on employment, productivity, cost of living, economic growth, and the overall economy of the United States. (d) Initial report Not later than 12 months after November 15, 1990, the Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Analysis, shall submit a report to the Congress that summarizes the results of the analysis described in subsection (a) of this section, which reports (1) all costs incurred previous to November 15, 1990, in the effort to comply with such standards; and (2) all benefits that have accrued to the United States as a result of such costs. (e) Biennial updates; future projections Not later than 24 months after November 15, 1990, and every 24 months thereafter, the Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Analysis, shall submit a report to the Congress that updates the report issued pursuant to subsection (d) of this section, and which, in addition, makes projections into the future regarding expected costs, benefits, and other effects of compliance with standards pursuant to this chapter as listed in subsection (a) of this section. (f) Appointment of Advisory Council on Clean Air Compliance Analysis Not later than 6 months after November 15, 1990, the Administrator, in consultation with the Secretary of Commerce and the Secretary of Labor, shall appoint an Advisory Council on Clean Air Compliance Analysis of not less than nine members (hereafter in this section referred to as the "Council"). In appointing such members, the Administrator shall appoint recognized experts in the fields of the health and environmental effects of air pollution, economic analysis, environmental sciences, and such other fields that the Administrator determines to be appropriate. (g) Duties of Advisory Council The Council shall (1) review the data to be used for any analysis required under this section and make recommendations to the Administrator on the use of such data; (2) review the methodology used to analyze such data and make recommendations to the Administrator on the use of such methodology; and (3) prior to the issuance of a report required under subsection (d) or (e) of this section, review the findings of such report, and make recommendations to the Administrator concerning the validity and utility of such findings. (July 14, 1955, ch. 360, title III, Sec. 312, formerly Sec. 305, as added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 505; renumbered Sec. 312 and amended Pub. L. 91-604, Secs. 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713; Pub. L. 95-95, title II, Sec. 224(c), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101549, title VIII, Sec. 812(a), Nov. 15, 1990, 104 Stat. 2691.) Codification Section was formerly classified to section 1857j-1 of this title. Amendments 1990-Pub. L. 101-549 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), detailed cost estimate, comprehensive cost and economic impact studies, and annual reevaluation; in subsec. (b), personnel study and report to President and Congress; and in subsec. (c), cost-effectiveness analyses. 1977–Subsec. (c). Pub. L. 95-95 added subsec. (c). 1970-Pub. L. 91-604, Sec. 15(c)(2), substituted “Administrator” for “Secretary" wherever appearing. Effective Date of 1977 Amendment Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set out as a note under section 7401 of this title. Termination of Advisory Councils Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. Equivalent Air Quality Controls Among Trading Nations Section 811 of Pub. L. 101-549 provided that: “(a) Findings.-The Congress finds that (1) all nations have the responsibility to adopt and enforce effective air quality standards and requirements and the United States, in enacting this Act [see Tables for classification], is carrying out its responsibility in this regard; (2) as a result of complying with this Act, businesses in the United States will make significant capital investments and incur incremental costs in implementing control technology standards; (3) such compliance may impair the competitiveness of certain United States jobs, production, processes, and products if foreign goods are produced under less costly environmental standards and requirements than are United States goods; and (4) mechanisms should be sought through which the United States and its trading partners can agree to eliminate or reduce competitive disadvantages. (b) Action by the President. (1) In general.-Within 18 months after the date of the enactment of the Clean Air Act Amend- (i) the significant air quality standards and controls required under this Act, and on the international competitiveness of United States manufacturers; and (2) Additional reporting requirements. (A) The evaluation required under paragraph (1)(A) shall examine the extent to which the significant air quality standards and controls required under this Act are comparable to existing internationally-agreed norms. (B) The strategy required to be developed under paragraph (1)(B) shall include recommended options (such as the harmonization of standards and trade adjustment measures) for reducing or eliminating competitive disadvantages caused by differences in standards and controls between the United States and each of its major trading partners. (3) Public comment.-Interested parties shall be given an opportunity to submit comments regarding the evaluations and strategy required in the report under paragraph (1). The President shall take any such comment into account in preparing the report. (4) Interim report.-Within 9 months after the date of the enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990], the President shall submit to the Congress an interim report on the progress being made in complying with paragraph (1).” GAO Reports on Costs and Benefits Section 812(b) of Pub. L. 101-549, which directed Comptroller General, commencing on second year after Nov. 15, 1990, and annually thereafter, in consultation with other agencies, to report to Congress on pollution control strategies and technologies required by Clean Air Act Amendments of 1990, was repealed by Pub. L. 104-316, title I, Sec. 122(r), Oct. 19, 1996, 110 Stat. 3838. 42 USC 7613 Repealed. Pub. L. 101-549, title VIII, Sec. 803, Nov. 15, 1990, 104 Stat. 2689 Section, act July 14, 1955, ch. 360, title III, Sec. 313, formerly Sec. 306, as added Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506; renumbered Sec. 313 and amended Dec. 31, 1970, Pub. L. 91-604, Secs. 12(a), 15(c)(2), 84 Stat. 1705, 1713; Aug. 7, 1977, Pub. L. 95-95, title III, Sec. 302(b), 91 Stat. 771, required annual report to Congress on progress of programs under this chapter. 42 USC 7614 LABOR STANDARDS The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on projects assisted under this chapter shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the locality as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a-276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 276c of title 40. (July 14, 1955, ch. 360, title III, Sec. 314, formerly Sec. 307, as added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 506; renumbered Sec. 314 and amended Pub. L. 91-604, Secs. 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.) References in Text The Davis-Bacon Act, referred to in text, is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 276a of Title 40 and Tables. Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees. Codification Section was formerly classified to section 1857j-3 of this title. Amendments 1970-Pub. L. 91-604, Sec. 15(c)(2), substituted “Administrator" for "Secretary" meaning the Secretary of Health, Education, and Welfare. SEPARABILITY 42 USC 7615 If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter shall not be affected thereby. (July 14, 1955, ch. 360, title III, Sec. 315, formerly Sec. 12, as added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401; renumbered Sec. 305, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79 Stat. 992; renumbered Sec. 308 and amended, Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 506; renumbered Sec. 315, Pub. L. 91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705.) Codification Section was formerly classified to section 1857k of this title. Amendments 1967-Pub. L. 90-148 reenacted section without change. SEWAGE TREATMENT GRANTS 42 USC 7616 (a) Construction No grant which the Administrator is authorized to make to any applicant for construction of sewage treatment works in any area in any State may be withheld, conditioned, or restricted by the Administrator on the basis of any requirement of this chapter except as provided in subsection (b) of this section. |