42 U.S.C. § 7403
(a) Research and development program for prevention and control of air pollution The Administrator shall establish a national research and development program for the prevention and control of air pollution and as part of such program shall—
(b) Authorized activities of Administrator in establishing research and development program In carrying out the provisions of the preceding subsection the Administrator is authorized to—
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 training 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.
(c) Air pollutant monitoring, analysis, modeling, and inventory research In carrying out subsection (a) of this section, the Administrator shall conduct a program of research, testing, and development of methods for sampling, measurement, monitoring, analysis, and modeling of air pollutants. Such program shall include the following elements:
(3) Development of improved methods and technologies for sampling, measurement, monitoring, analysis, and modeling to increase understanding of the sources of ozone percursors,1 ozone formation, ozone transport, regional influences on urban ozone, regional ozone trends, and interactions of ozone with other pollutants. Emphasis shall be placed on those techniques which—
(d) Environmental health effects research
(1) The Administrator, in consultation with the Secretary of Health and Human Services, shall conduct a research program on the short-term and long-term effects of air pollutants, including wood smoke, on human health. In conducting such research program the Administrator—
(2) In conducting the research program under this subsection, the Administrator shall develop methods and techniques necessary to identify and assess the risks to human health from both routine and accidental exposures to individual air pollutants and combinations thereof. Such research program shall include the following elements:
(C) Preparation of environmental health assessments for each of the hazardous air pollutants referred to in subparagraph (B), beginning 6 months after the first meeting of the Interagency Task Force and to be completed within 96 months thereafter. No fewer than 24 assessments shall be completed and published annually. The assessments shall be prepared in accordance with guidelines developed by the Administrator in consultation with the Interagency Task Force and the Science Advisory Board of the Environmental Protection Agency. Each such assessment shall include—
(e) Ecosystem research In carrying out subsection (a) of this section, the Administrator, in cooperation, where appropriate, with the Under Secretary of Commerce for Oceans and Atmosphere, the Director of the Fish and Wildlife Service, and the Secretary of Agriculture, shall conduct a research program to improve understanding of the short-term and long-term causes, effects, and trends of ecosystems damage from air pollutants on ecosystems. Such program shall include the following elements:
Consistent with the purpose of this program, the Administrator may use the estuarine research reserves established pursuant to section 1461 of title 16 to carry out this research.
(f) Liquefied Gaseous Fuels Spill Test Facility
(1) The Administrator, in consultation with the Secretary of Energy and the Federal Coordinating Council for Science, Engineering, and Technology, shall oversee an experimental and analytical research effort, with the experimental research to be carried out at the Liquefied Gaseous Fuels Spill Test Facility. In consultation with the Secretary of Energy, the Administrator shall develop a list of chemicals and a schedule for field testing at the Facility. Analysis of a minimum of 10 chemicals per year shall be carried out, with the selection of a minimum of 2 chemicals for field testing each year. Highest priority shall be given to those chemicals that would present the greatest potential risk to human health as a result of an accidental release—
(2) The purpose of such research shall be to—
(A) develop improved predictive models for atmospheric dispersion which at a minimum—
(B) evaluate existing and future atmospheric dispersion models by—
Models pertaining to accidental release shall be evaluated and improved periodically for their utility in planning and implementing evacuation procedures and other mitigative strategies designed to minimize human exposure to hazardous air pollutants released accidentally.
(g) Pollution prevention and emissions control In carrying out subsection (a) of this section, the Administrator shall conduct a basic engineering research and technology program to develop, evaluate, and demonstrate nonregulatory strategies and technologies for air pollution prevention. Such strategies and technologies shall be developed with priority on those pollutants which pose a significant risk to human health and the environment, and with opportunities for participation by industry, public interest groups, scientists, and other interested persons in the development of such strategies and technologies. Such program shall include the following elements:
Nothing in this subsection shall be construed to authorize the imposition on any person of air pollution control requirements. The Administrator shall consult with other appropriate Federal agencies to ensure coordination and to avoid duplication of activities authorized under this subsection.
(h) NIEHS studies
(i) Coordination of research The Administrator shall develop and implement a plan for identifying areas in which activities authorized under this section can be carried out in conjunction with other Federal ecological and air pollution research efforts. The plan, which shall be submitted to Congress within 6 months after , shall include—
Not later than 2 years after , and every 4 years thereafter, the Administrator shall report to Congress on the progress made in implementing the plan developed under this subsection, and shall include in such report any revisions of the plan.
(j) Continuation of national acid precipitation assessment program
(3) The responsibilities of the Task Force shall include the following:
(B) Coordination with participating Federal agencies, augmenting the agencies’ research and monitoring efforts and sponsoring additional research in the scientific community as necessary to ensure the availability and quality of data and methodologies needed to evaluate the status and effectiveness of the acid deposition control program. Such research and monitoring efforts shall include, but not be limited to—
(E) Beginning in 1992 and biennially thereafter, submission of a report to Congress describing the results of its investigations and analyses. The reporting of technical information about acid deposition shall be provided in a format that facilitates communication with policymakers and the public. The report shall include—
(F) Beginning in 1996, and every 4 years thereafter, the report under subparagraph (E) shall include—
(July 14, 1955, ch. 360, title I, § 103, formerly § 3, as added Pub. L. 88–206, § 1, , 77 Stat. 394; renumbered § 103 and amended Pub. L. 89–272, title I, §§ 101(3), 103, , 79 Stat. 992, 996; Pub. L. 90–148, § 2, , 81 Stat. 486; Pub. L. 91–604, §§ 2(a), 4(2), 15(a)(2), (c)(2), , 84 Stat. 1676, 1689, 1710, 1713; Pub. L. 95–95, title I, § 101(a), (b), , 91 Stat. 686, 687; Pub. L. 101–549, title IX, § 901(a)–(c), , 104 Stat. 2700–2703.)
References in Text The Acid Precipitation Act of 1980, referred to in subsec. (j)(1), (3)(A), is title VII of Pub. L. 96–294, , 94 Stat. 770, which is classified generally to chapter 97 (§ 8901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8901 of this title and Tables.
Codification In subsec. (b)(4), “section 3324(a) and (b) of title 31 and section 6101 of title 41” substituted for “sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)” on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), , 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Section was formerly classified to section 1857b of this title.
Prior Provisions Provisions similar to those in subsec. (a)(3) of this section were contained in subsec. (a) of a prior section 1857b of this title, act July 14, 1955, ch. 360, § 3, 69 Stat. 322, as amended , Pub. L. 87–761, § 2, 76 Stat. 760, prior to the general amendment of this chapter by Pub. L. 88–206.
Provisions similar to those in this section were contained in prior sections 1857a to 1857d of this title, act July 14, 1955, ch. 360, §§ 2 to 5, 69 Stat. 322 (section 1857b as amended , Pub. L. 87–761, § 2, 76 Stat. 760; section 1857d as amended , Pub. L. 86–365, § 1, 73 Stat. 646 and , Pub. L. 87–761, § 1, 76 Stat. 760), prior to the general amendment of this chapter by Pub. L. 88–206.
Amendments 1990—Subsec. (a)(1). Pub. L. 101–549, § 901(a)(1), inserted “(including health and welfare effects)” after “effects”.
Subsec. (b)(8). Pub. L. 101–549, § 901(a)(2), which directed amendment of subsec. (b) by adding par. (8) at end, was executed by adding par. (8) after par. (7) to reflect the probable intent of Congress.
Subsecs. (c) to (f). Pub. L. 101–549, § 901(b), amended subsecs. (c) to (f) generally, substituting present provisions for provisions which related to: in subsec. (c), results of other scientific studies; in subsec. (d), construction of facilities; in subsec. (e), potential air pollution problems, conferences, and findings and recommendations of the Administrator; and, in subsec. (f), accelerated research programs.
Subsecs. (g) to (k). Pub. L. 101–549, § 901(c), added subsecs. (g) to (k).
1977—Subsec. (a). Pub. L. 95–95, § 101(b), struck out reference to “training” in par. (1) and added par. (5).
Subsec. (b). Pub. L. 95–95, § 101(a), struck out par. (5) which provided for training and training grants to personnel of air pollution control agencies and other persons with suitable qualifications, redesignated pars. (6), (7), and (8) as (5), (6), and (7), respectively, and, following par. (7) as so redesignated, inserted provisions directing the Administrator, in carrying out subsec. (a), to provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications and to make grants to such agencies, to other public or nonprofit private agencies, institutions, and organizations for the purposes stated in subsec. (a)(5) and allowing reasonable fees to be charged for such training provided to persons other than personnel of air pollution control agencies but requiring that such training be provided to such personnel of air pollution control agencies without charge.
1970—Subsec. (a). Pub. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary”.
Subsec. (b). Pub. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary” and “Environmental Protection Agency” for “Department of Health, Education, and Welfare”.
Subsec. (c). Pub. L. 91–604, § 15(a)(2), (c)(2), substituted “Administrator” for “Secretary” and “air pollutants” for “air pollution agents (or combinations of agents)”.
Subsec. (d). Pub. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary”.
Subsec. (e). Pub. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary” wherever appearing, substituted “7415” for “7415(a)”, and inserted references to subsecs. (b) and (c) of section 7415 of this title.
Subsec. (f). Pub. L. 91–604, § 2(a), added subsec. (f).
1967—Subsec. (a). Pub. L. 90–148 substituted “establish technical advisory committees composed of recognized experts in various aspects of air pollution to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research” for “initiate and conduct a program of research directed toward the development of improved, low-cost techniques for extracting sulfur from fuels” as cl. (4) and struck out cl. (5) which related to research programs relating to the control of hydrocarbon emissions from evaporation of gasoline and nitrogen and aldehyde oxide emission from gasoline and diesel powered vehicles and relating to the development of improved low-cost techniques to reduce emissions of oxides of sulfur produced by the combustion of sulfur-containing fuels.
Subsec. (c). Pub. L. 90–148 struck out provision for promulgation of criteria in the case of particular air pollution agents present in the air in certain quantities reflecting the latest scientific knowledge and allowing for availability and revision and provided for recommendation by Secretary of air quality criteria.
Subsec. (e). Pub. L. 90–148 substituted references to subsections (d), (e), and (f) of section 7415 of this title for references to subsections (c), (d), and (e) of section 7415 of this title in provision for admission of advisory findings and recommendations together with the record of the conference and made such findings and recommendations part of the proceedings of the conference, not merely part of the record of proceedings.
1965—Subsec. (a)(5). Pub. L. 89–272, § 103(3), added par. (5).
Subsecs. (d), (e). Pub. L. 89–272, § 103(4), added subsecs. (d) and (e).
Effective Date of 1977 Amendment Amendment by Pub. L. 95–95 effective , 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 Reporting Requirements For termination, effective , of provisions in subsec. (i) of this section requiring quadrennial reports to Congress and of reporting provisions in subsec. (j)(3)(E) and (F) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 7th and 8th items on page 163 of House Document No. 103–7.
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 , the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [] to continue in full force and effect until modified or rescinded in accordance with act , 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.
Termination of Advisory Committees Advisory committees in existence on , to terminate not later than the expiration of the 2-year period following , unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, , 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
Pilot Design Programs Pub. L. 106–246, div. B, title II, § 2603, , 114 Stat. 558, required the Administrator of the Environmental Protection Agency to make grants to carry out a 2-year program to implement in five metropolitan areas pilot design programs and report to Congress on the results not later than 360 days from first day of the second year of the 2-year program.
National Acid Lakes Registry Pub. L. 101–549, title IV, § 405, , 104 Stat. 2632, provided that:
“The Administrator of the Environmental Protection Agency shall create a National Acid Lakes Registry that shall list, to the extent practical, all lakes that are known to be acidified due to acid deposition, and shall publish such list within one year of the enactment of this Act [
Nov. 15, 1990]. Lakes shall be added to the registry as they become acidic or as data becomes available to show they are acidic. Lakes shall be deleted from the registry as they become nonacidic.”
Assessment of International Air Pollution Control Technologies Pub. L. 101–549, title IX, § 901(e), , 104 Stat. 2706, directed Administrator of Environmental Protection Agency to conduct a study that compares international air pollution control technologies of selected industrialized countries to determine if there exist air pollution control technologies in countries outside the United States that may have beneficial applications to this Nation’s air pollution control efforts, including, with respect to each country studied, the topics of urban air quality, motor vehicle emissions, toxic air emissions, and acid deposition, and within 2 years after , submit to Congress a report detailing the results of such study.
Western States Acid Deposition Research Pub. L. 101–549, title IX, § 901(g), , 104 Stat. 2707, provided that:
“(1) The Administrator of the Environmental Protection Agency shall sponsor monitoring and research and submit to Congress annual and periodic assessment reports on—
- “(A) the occurrence and effects of acid deposition on surface waters located in that part of the United States west of the Mississippi River;
- “(B) the occurrence and effects of acid deposition on high elevation ecosystems (including forests, and surface waters); and
- “(C) the occurrence and effects of episodic acidification, particularly with respect to high elevation watersheds.
- “(2) The Administrator of the Environmental Protection Agency shall analyze data generated from the studies conducted under paragraph (1), data from the Western Lakes Survey, and other appropriate research and utilize predictive modeling techniques that take into account the unique geographic, climatological, and atmospheric conditions which exist in the western United States to determine the potential occurrence and effects of acid deposition due to any projected increases in the emission of sulfur dioxide and nitrogen oxides in that part of the United States located west of the Mississippi River. The Administrator shall include the results of the project conducted under this paragraph in the reports issued to Congress under paragraph (1).”
Consultation With and Transmission of Reports and Studies to Congressional Committee Pub. L. 95–95, title I, § 101(c), , 91 Stat. 687, provided that:
“The Administrator of the Environmental Protection Agency shall consult with the House Committee on Science and Technology [now Committee on Science, Space, and Technology] on the environmental and atmospheric research, development, and demonstration aspects of this Act [see Short Title of 1977 Amendment note set out under
section 7401 of this title]. In addition, the reports and studies required by this Act that relate to research, development, and demonstration issues shall be transmitted to the Committee on Science and Technology [now Committee on Science, Space, and Technology] at the same time they are made available to other committees of the Congress.”
Study of Substances Discharged From Exhausts of Motor Vehicles Pub. L. 86–493, , 74 Stat. 162, directed Surgeon General of Public Health Service to conduct a thorough study for purposes of determining, with respect to the various substances discharged from exhausts of motor vehicles, the amounts and kinds of such substances which, from the standpoint of human health, it is safe for motor vehicles to discharge into the atmosphere under the various conditions under which such vehicles may operate, and, not later than two years after , submit to Congress a report on results of the study, together with such recommendations, if any, based upon the findings made in such study, as he deemed necessary for the protection of the public health.
1 So in original. Probably should be “precursors,”.
2 So in original. Probably should be “precursors”.