* Act of July 14, 1955 (P.L. 84-159, 69 Stat. 322, as amended; 42 U.S.C. 7401, 7403, 7410, 7416, 7418, 7470, 7472, 7474, 7475, 7491, 7506, 7602)

Note-Major amendments to the Clean Air Act were made by P.L. 88-206 and P.L. 95-95. Amendments are reflected in sections below.

TITLE I-PROGRAMS AND ACTIVI-TIES

PART A - AIR QUALITY AND EMIS-SION LIMITATIONS

Findings and Purposes

Sec. 101. (a) The Congress finds-

(1) that the predominant part of the Nation's population is located in its rapidly expanding metropoli-tan and other urban areas, which generally cross the boundary lines of local jurisdictions and often ex-tend into two or more States;

(2) that the growth in the amount and complexity of air pollu-tion brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;

(3) that air pollution prevention (that is, the reduction or elimi-nation, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and

(4) that federal financial assis-tance and leadership is essential for the development of cooperative federal, State, regional, and local programs to prevent and control air pollution.

(b) The purposes of this title are-

(1) to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population;

(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;

(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and

(4) to encourage and assist the development and operation of re-gional air pollution prevention and control programs.

(c) Pollution prevention-A pri-mary goal of this chapter is to en-courage or otherwise promote reasonable Federal, State, and local governmental actions, consis-tent with the pro-visions of this chapter, for pollution prevention. (42 U.S.C. 7401)

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Research, Investigation, Training, and Other Activities

Sec. 103. (a) Research and de-vel-opment program for prevention and control of air pollution.-TheAd-ministrator shall establish a na-tional research and development program for the prevention and control of air pollution and as part of such pro-gram shall-

(1) conduct, and promote the coordination and acceleration of, research, investigations, experi-ments, demonstrations, surveys, and studies relating to the causes, effects (including health and welfare ef-fects), extent, prevention, and con-trol of air pollution;

(2) encourage, cooperate with, and render technical services and provide financial assistance to air pollution control agencies and other appropriate public or private agen-cies, institutions, and organizations, and individuals in the conduct of such activities;

(3) conduct investigations and research and make surveys concern-ing any specific problem of air pollution in cooperation with any air pollution control agency with a view to recommending a solution of such problem, if he is requested to do so by such agency or if, in his judg-ment, such problem may affect any community or communities in a State other than that in which the source of the matter causing or contributing to the pollution is lo-cat-ed;

(4) establish technical advisory committees composed of recognized experts in various aspects of air pollution to assist in the examina-tion and evaluation of research progress and proposals and to avoid duplication of research; and

(5) conduct and promote coor-dination and acceleration of training for individuals relating to the caus-es, effects, extent, prevention, and control of air pollution.

(b) Authorized activities of Ad-ministrator in establishing research and development program.-In carrying out the provisions of the preceding subsection the Adminis-trator is authorized to-

(1) collect and make available, through publications and other ap-propriate means, the results of and other information, including appro-pri-ate recom-mendations by him in connection therewith, pertaining to such research and other activities;

(2) cooperate with other Fed-er-al departments and agencies, with air pollution control agencies, with other public and private agencies, institutions, and organizations, and with any industries involved, in the preparation and conduct of such research and other activities;

(3) make grants to air pollution control agencies, to other public or nonprofit private agencies, institutions, and organizations, and to individuals, for purposes stated in subsection (a)(1) of this section;

(4) contract with public or private agencies, institutions, and organizations, and with individuals, without regard to section 3324(a) and (b) of Title 31 and section 5 of Title 41;

(5) establish and maintain research fellowships, in the Environmental Protection Agency and at public or nonprofit private educational institutions or research organizations;

(6) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agencies, institutions, and organizations having related responsibilities, basic data on chemical, physical, and biological effects of varying air quality and other information pertaining to air pollution and the prevention and control thereof;

(7) develop effective and practical processes, methods, and prototype devices for the prevention of control of air pollution; and

(8) construct facilities, provide equipment, and employ staff as necessary to carry out this chapter.

In carrying out the provisions of subsection (a) of this section, the Administrator shall provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications and make grants to such agencies, to other public or nonprofit private agencies, institutions, and organizations for the purposes stated in subsection (a)(5) of this section. Reasonable fees may be charged for such train-ing provided to persons other than personnel of air pollution control agencies but such training shall be provided to such personnel of air pollution control agencies without charge. (42 U.S.C. 7403)

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State Implementation Plans for National Primary and Secondary Ambient Air Quality Standards

Sec. 110. (a) Adoption of plan by State; submission to Administra-tor; content of plan; revision; new so-urc-es; indirect source review pro-gram; supplemental or intermittent control systems.-

(1) Each State shall, after reason-able notice and public hearings, adopt and submit to the Administra-tor, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air qual-i-ty standard (or any revision thereof) under section 7409 of this title for any air pollutant, a plan which pro-vides for implemen-tation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preced-ing sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national am-bi-ent air quality secondary standard (or revision thereof), a plan which provides for implementation, main-tenance, and enforcement of such secondary standard in each air qual-i-ty control region (or portion there-of) within such State. Unless a separate public hearing is provided, each State shall consider its plan imple-menting such secondary stan-dard at the hearing required by the first sentence of this paragraph. (42 U.S.C. 7410)

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Retention of State Authority

Sec. 116. Except as otherwise provided in sections 1857c-10(c), (e), and (f) (as in effect before Au-gust 7, 1977), 7543, 7545(c)(4), and 7573 of this title (preempting certain State regulation of moving sources) nothing in this chapter shall pre-clude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or section 7412 of this title, such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation un-der such plan or sec-tion. (42U.S.C. 7416)

Control of Pollution from Federal Facilities

Sec. 118. (a) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the federal government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge of air pollutants, and each officer, agent, or employee thereof, shall be subject to, and comply with, all federal, State, interstate, and local require-ments, administrative authority, and process and sanctions respecting the control and abatement of air pollu-tion in the same manner, and to the same extent as any nongovern-mental entity. The preceding sentence shall apply (A) to any requirement wh-eth-er substantive or procedural (in-clud-ing any recordkeeping or re-porting requirement, any require-ment re-specting permits and any other requirement whatsoever), (B) to any requirement to pay a fee or charge imposed by any State or local agen-cy to defray the costs of its air pollution regulatory program, (C) to the exercise of any Federal, State, or local administrative au-thority, and (D) to any process and sanction, whether enforced in Federal, State, or local courts or in any other man-ner. This subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law. No officer, agent, or employee of the United States shall be per-son-ally liable for any civil penalty for which he is not otherwise liable. (42 U.S.C. 7418)

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PART C - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

Subpart 1

Purposes

Sec. 160. The purposes of this part are as follows-

(1) to protect public health and welfare from any actual or potential adverse effect which in the Administrator's judgment may rea-sonably be anticipated to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air, notwithstanding attainment and maintenance of all national ambient air quality stan-dards;

(2) to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national sea-shores, and other areas of special national or regional natural, recre-ational, scenic, or historic value;

(3) to insure that economic growth will occur in a manner con-sistent with the preservation of existing clean air resources;

(4) to assure that emissions from any source in any State will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and

(5) to assure that any decision to permit increased air pollution in any area to which this section ap-plies is made only after careful evaluation of all the consequences of such a decision and after ade-quate procedural opportunities for informed public participation in the decisionmaking process. (42 U.S.C. 7470)

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Initial Classifications

Sec. 162. (a) Upon the enact-ment of this part, all-

(1) international parks,

(2) national wilderness areas which exceed 5,000 acres in size,

(3) national memorial parks which exceed 5,000 acres in size, and

(4) national parks which ex-ceed six thousand acres in size, and which are in existence on August 7, 1977 shall be class I areas and may not be redesignated. All areas which were redesignated as class I under regulations promulgated be-fore August 7, 1977 shall be class I areas which may be redesignated as provided in this part. The extent of the areas designated as Class I un-der this section shall conform to any changes in the boundaries of such areas which have occurred subse-quent to August 7, 1977, or which may occur subsequent to November 15, 1990.

(b) All areas in such State desig-nated pursuant to section 107(d) of this Act as attainment or unclassifi-able which are not established as class I under subsection (a) of this section shall be class II areas unless redesignated under section 164. (42 U.S.C. 7472)

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Area Redesignation

Sec. 164. (a) Except as other-wise provided under subsection (c), a State may redesignate such areas as it deems appropriate as class I areas. The following areas may be redesignated only as class I or II-

(1) an area which exceeds ten thousand acres in size and is a na-tional monument, a national primitive area, a national preserve, and national recreation area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore, and

(2) a national park or national wilderness area established after August 7, 1977, which exceeds ten thousand acres in size.

The extent of the areas referred to in paragraph (1) and (2) shall conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or which may occur subse-quent to November 15, 1990. Any area (other than an area referred to in paragraph (1) or (2) or an area established as class I under the first sentence of section 7472(a) of this title) may be redesignated by the State as class III if-

(A) such redesignation has been specifically approved by the Governor of the State, after consul-tation with the appropriate Commit-tees of the legislature if it is in session or with the leadership of the legislature if it is not in session (unless State law provides that such redesignation must be specifically approved by State legislation) and if general purpose units of local gov-ernment representing a majority of the residents of the area so redesig-nated enact legislation (including for such units of local government resolutions where appropriate) con-curring in the State's redesignation;

(B) such redesignation will not cause, or contribute to, concentrations of any air pollutant which exceed any maximum allowable increase or maximum allowable concentration permitted under the classification of any other area; and

(C) such redesignation otherwise meets the requirements of this part. Subparagraph (A) of this paragraph shall not apply to area redesignations by Indian tribes.

(b)(1)(A) Prior to redesignation of any area under this part, notice shall be afforded and public hearings shall be conducted in areas proposed to be redesignated and in areas which may be affected by the proposed redesignation. Prior to any such public hearing a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation shall be prepared and made available for public inspection and prior to any such redesignation, the description and analysis of such effects shall be reviewed and examined by the redesignating authorities.

(B) Prior to the issuance of notice under subparagraph (A) respecting the redesignation of any area under this subsection, if such area includes any federal lands, the State shall provide written notice to the appropriate federal land manager and afford adequate opportunity (but not in excess of 60 days) to confer with the State respecting the intend-ed notice of redesignation and to submit written comments and rec-ommendations with respect to such intended notice of redesignation. In redesignating any area under this section with respect to which any federal land manager has submitted written comments and recommenda-tions, the State shall publish a list of any inconsistency between such redesignation and such recom-men-dations and an explanation of such inconsistency (together with the reasons for making such redesigna-tion against the recommendation of the federal land manager). (42 U.S.C. 7474)

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Preconstruction Requirements

Sec. 165. (a) No major emitting facility on which construction is com-menced after August 7, 1977, may be constructed in any area to which this part applies unless-

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(d)(1) Each State shall transmit to the Administrator a copy of each permit application relating to a major emitting facility received by such State and provide notice to the Administrator of every action related to the consideration of such permit.

(2)(A) The Administrator shall provide notice of the permit application to the federal land manager and the federal official charged with direct responsibility for man-agement of any lands within a class I area which may be affected by emissions from the proposed facili-ty.

(B) The federal land man-ag-er and the federal official charged with direct responsibility for man-agement of such lands shall have an affirmative responsibility to protect the air quality related values (in-cluding visibility) of any such lands within a class I area and to consider, in consultation with the Administra-tor, whether a proposed major emit-ting facility will have an adverse impact on such values.

(C)(i) In any case where the federal official charged with direct responsi-bility for management of any lands within a class I area or the federal land manager of such lands, or the Administrator, or the Governor of an adjacent State con-taining such a class I area files a notice alleging that emissions from a proposed major emitting facility may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact of such change, a permit shall not be issued unless the own-er or operator of such facility demon-strates that emissions of par-ticulate matter and sulfur dioxide will not cause or contribute to con-centrations which exceed the maxi-mum allow-able increases for a class I area.

(ii) In any case where the federal land manager demon-strates to the satisfaction of the State that the emissions from such facility will have an adverse impact on the air quality-related values (including visibility) of such lands, notwithstanding the fact that the change in air quality resulting from emissions from such facility will not cause or contribute to concentrations which exceed the maximum allowable increases for a class I area, a permit shall not be issued.

(iii) In any case where the owner or operator of such facility demon-strates to the satisfaction of the federal land manager, and the federal land manager so cer-ti-fies, that the emissions from such facility will have no adverse impact on the air quality-related values of such land (including visibility) notwith-standing the fact that the change in air quality resulting from emissions from such facility will cause or con-tribute to concentra-tions which exceed the maximum allowable increases for class I areas, the State may issue a per-mit.

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(D)(i) In any case where the owner or operator of a proposed major emitting facility who has been denied a certification under subparagraph (C)(iii) demonstrates to the satisfaction of the governor, after notice and public hearing, and the governor finds, that the facility cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods of twenty-four hours or less applicable to any class I area and, in the case of federal mandatory class I areas, that a variance under this clause will not adversely affect the air quality related values of the area (including visibility), the governor, after consideration of the federal land manager's recommendation (if any) and subject to his concurrence, may grant a variance from such maximum allowable increase. If such variance is granted, a permit may be issued to such source pursuant to the requirements of this subparagraph.

(ii) In any case in which the governor recommends a variance under this subparagraph in which the federal land manager does not concur, the recommendations of the governor and the federal land manager shall be transmitted to the President. The President may approve the governor's recommendation if he finds that such variance is in the national interest. No Presi-dential finding shall be reviewable in any court. The variance shall take effect if the President approves the governor's recommenda-tions. The President shall approve or dis-approve such recommendation with-in ninety days after his receipt of the rec-ommendations of the gover-nor and the federal land manager. (42 U.S.C. 7475)

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Subpart 2

Visibility Protection For Federal Class I Areas

Sec. 169A. (a)(1) Congress hereby declares as a national goal the prevention of any future, and the remedying of any existing, impair-ment of visibility in mandato-ry class I federal areas which im-pairment results from manmade air pollution.

(2) Not later than six months after August 7, 1977, the Secretary of the Interior in consultation with other federal land managers shall review all mandatory class I federal areas and identify those where visi-bility is an important value of the area. From time to time the Secre-tary of the Interior may revise such identifications. Not later than one year after August 7, 1977, the Ad-ministrator shall, after consultation with the Secretary of the Interior, promulgate a list of mandatory class I federal areas in which he deter-mines visibility is an important value.

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(c)(1) The Administrator may, by rule, after notice and opportunity for public hearing, exempt any major stationary source from the require-ment of subsection (b)(2)(A), upon his determination that such source does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to a significant impairment of visibility in any mandatory class I federal area.

(2) Paragraph (1) of this subsection shall not be applicable to any fossil-fuel fired powerplant with total design capacity of 750 megawatts or more, unless the owner or operator of any such plant demonstrates to thesatisfaction of the Administrator that such powerplant is located at such dis-tance from all areas listed by the Administrator under subsection (a)(2) that such powerplant does not or will not, by itself or in com-bina-tion with other sources, emit any air pollutant which may reason-ably be anticipated to cause or con-tribute to significant impairment of visibili-ty in any such area.

(3) An exemption under this subsection shall be effective only upon concurrence by the appropriate federal land manager or managers with the Administrator's determina-tion under this subsection.

(d) Be-fore holding the public hear-ing on the proposed revision of an applica-ble implementation plan to meet the requirements of this sec-tion, the State (or the Adminis-trator, in the case of a plan promul-gated under section 110(C)) shall consult in person with the appropri-ate feder-al land manager or manag-ers and shall include a summary of the conclu-sions and recommen-da-tions of the federal land managers in the notice to the public.

(e) In promulgating regulations under this section, the Administrator shall not require the use of any automatic buffer zone or zones.

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(g) For the purposes of this sec-tion-

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(5) the term "mandatory class I federal areas" means federal areas which may not be designated as other than class I under this part;

(6) the terms "visibility impairment" and "impairment of visibility" shall include reduction in visual range and atmosphere discoloration; (42 U.S.C. 7491)

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PART D - PLAN REQUIREMENTS FOR NONATTAINMENT AREAS

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Limitations on Certain Federal Assistance

Note-Sec. 176 (a) and (b) were repealed by P.L. 101-549, Title I, Section 110(4).

Sec. 176. (c) No department, agency, or instrumentality of the federal government shall engage in, support in any way or provide fi-nancial assistance for, license or permit, or approve, any activity which does not conform to a plan after it has been approved or pro-mulgated under section 110. No metropolitan planning organization designated under section 134 of title 23, United States Code, shall give its approval to any project, program, or plan which does not conform to a plan approved or pro-mulgated under section 110. The assurance of conformity to such plan shall be an affirmative responsibility of the head of such department, agency, or instrumentality. (42 U.S.C. 7506)

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TITLE III - GENERAL

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Definitions

Sec. 302. When used in this Act-

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(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. (42 U.S.C. 7602)