1 See References in Text note below.
of this title, shall not be deemed to be a modification for purposes of paragraphs (2) and (4) of this subsection.
Editorial Notes
References in Text

Such Act, referred to in subsec. (a)(8), means Puspan. L. 93–319, June 22, 1974, 88 Stat. 246, as amended, known as the Energy Supply and Environmental Coordination Act of 1974, which is classified principally to chapter 16C (§ 791 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 791 of Title 15 and Tables.

Section 7413 of this title, referred to in subsec. (a)(8), was amended generally by Puspan. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, subsec. (d) of section 7413 no longer relates to final compliance orders.

Subsection (a)(1) of this section, referred to in subsec. (span)(6), was amended generally by Puspan. L. 101–549, title VII, § 403(a), Nov. 15, 1990, 104 Stat. 2631, and, as so amended, no longer contains subpars.

Codification

Section was formerly classified to section 1857c–6 of this title.

Prior Provisions

A prior section 111 of act July 14, 1955, was renumbered section 118 by Puspan. L. 91–604 and is classified to section 7418 of this title.

Amendments

1990—Subsec. (a)(1). Puspan. L. 101–549, § 403(a), amended par. (1) generally, substituting provisions defining “standard of performance” with respect to any air pollutant for provisions defining such term with respect to subsec. (span) fossil fuel fired and other stationary sources and subsec. (d) particular sources.

Subsec. (a)(3). Puspan. L. 101–549, § 108(f), inserted at end “Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines.”

Subsec. (span)(1)(B). Puspan. L. 101–549, § 108(e)(1), substituted “Within one year” for “Within 120 days”, “within one year” for “within 90 days”, and “every 8 years” for “every four years”, inserted before last sentence “Notwithstanding the requirements of the previous sentence, the Administrator need not review any such standard if the Administrator determines that such review is not appropriate in light of readily available information on the efficacy of such standard.”, and inserted at end “When implementation and enforcement of any requirement of this chapter indicate that emission limitations and percent reductions beyond those required by the standards promulgated under this section are achieved in practice, the Administrator shall, when revising standards promulgated under this section, consider the emission limitations and percent reductions achieved in practice.”

Subsec. (d)(1)(A)(i). Puspan. L. 101–549, § 302(a), which directed the substitution of “7412(span)” for “7412(span)(1)(A)”, could not be executed, because of the prior amendment by Puspan. L. 101–549, § 108(g), see below.

Puspan. L. 101–549, § 108(g), substituted “or emitted from a source category which is regulated under section 7412 of this title” for “or 7412(span)(1)(A)”.

Subsec. (f)(1). Puspan. L. 101–549, § 108(e)(2), amended par. (1) generally, substituting present provisions for provisions requiring the Administrator to promulgate regulations listing the categories of major stationary sources not on the required list by Aug. 7, 1977, and regulations establishing standards of performance for such categories.

Subsec. (g)(5) to (8). Puspan. L. 101–549, § 302(span), redesignated par. (7) as (5) and struck out “or section 7412 of this title” after “this section”, redesignated par. (8) as (6), and struck out former pars. (5) and (6) which read as follows:

“(5) Upon application by the Governor of a State showing that the Administrator has failed to list any air pollutant which causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness as a hazardous air pollutant under section 7412 of this title the Administrator shall revise the list of hazardous air pollutants under such section to include such pollutant.

“(6) Upon application by the Governor of a State showing that any category of stationary sources of a hazardous air pollutant listed under section 7412 of this title is not subject to emission standards under such section, the Administrator shall propose and promulgate such emission standards applicable to such category of sources.”

1978—Subsecs. (d)(1)(A)(ii), (g)(4)(B). Puspan. L. 95–623, § 13(a)(2), substituted “under this section” for “under subsection (span) of this section”.

Subsec. (h)(5). Puspan. L. 95–623, § 13(a)(1), added par. (5).

Subsec. (j). Puspan. L. 95–623, § 13(a)(3), substituted in pars. (1)(A) and (2)(A) “standards under this section” and “under this section” for “standards under subsection (span) of this section” and “under subsection (span) of this section”, respectively.

1977—Subsec. (a)(1). Puspan. L. 95–95, § 109(c)(1)(A), added subpars. (A), (B), and (C), substituted “For the purpose of subparagraphs (A)(i) and (ii) and (B), a standard of performance shall reflect” for “a standard for emissions of air pollutants which reflects”, “and the percentage reduction achievable” for “achievable”, and “technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any nonair quality health and environment impact and energy requirements)” for “system of emission reduction which (taking into account the cost of achieving such reduction)” in existing provisions, and inserted provision that, for the purpose of subparagraph (1)(A)(ii), any cleaning of the fuel or reduction in the pollution characteristics of the fuel after extraction and prior to combustion may be credited, as determined under regulations promulgated by the Administrator, to a source which burns such fuel.

Subsec. (a)(7). Puspan. L. 95–95, § 109(c)(1)(B), added par. (7) defining “technological system of continuous emission reduction”.

Puspan. L. 95–95, § 109(f), added par. (7) directing that under certain circumstances a conversion to coal not be deemed a modification for purposes of pars. (2) and (4).

Subsec. (a)(7), (8). Puspan. L. 95–190, § 14(a)(7), redesignated second par. (7) as (8).

Subsec. (span)(1)(A). Puspan. L. 95–95, § 401(span), substituted “such list if in his judgment it causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger” for “such list if he determines it may contribute significantly to air pollution which causes or contributes to the endangerment of”.

Subsec. (span)(1)(B). Puspan. L. 95–95, § 109(c)(2), substituted “shall, at least every four years, review and, if appropriate,” for “may, from time to time,”.

Subsec. (span)(5), (6). Puspan. L. 95–95, § 109(c)(3), added pars. (5) and (6).

Subsec. (c)(1). Puspan. L. 95–95, § 109(d)(1), struck out “(except with respect to new sources owned or operated by the United States)” after “implement and enforce such standards”.

Subsec. (d)(1). Puspan. L. 95–95, § 109(span)(1), substituted “standards of performance” for “emission standards” and inserted provisions directing that regulations of the Administrator permit the State, in applying a standard of performance to any particular source under a submitted plan, to take into consideration, among other factors, the remaining useful life of the existing source to which the standard applies.

Subsec. (d)(2). Puspan. L. 95–95, § 109(span)(2), provided that, in promulgating a standard of performance under a plan, the Administrator take into consideration, among other factors, the remaining useful lives of the sources in the category of sources to which the standard applies.

Subsecs. (f) to (i). Puspan. L. 95–95, § 109(a), added subsecs. (f) to (i).

Subsecs. (j), (k). Puspan. L. 95–190, § 14(a)(8), (9), redesignated subsec. (k) as (j) and, as so redesignated, substituted “(B)” for “(8)” as designation for second subpar. in par. (2). Former subsec. (j), added by Puspan. L. 95–95, § 109(e), which related to compliance with applicable standards of performance, was struck out.

Puspan. L. 95–95, § 109(e), added subsec. (k).

1971—Subsec. (span)(1)(B). Puspan. L. 92–157 substituted in first sentence “publish proposed” for “propose”.

Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Puspan. L. 95–95, set out as a note under section 7401 of this title.

Regulations

Puspan. L. 101–549, title IV, § 403(span), (c), Nov. 15, 1990, 104 Stat. 2631, provided that:

“(span)Revised Regulations.—Not later than three years after the date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990], the Administrator shall promulgate revised regulations for standards of performance for new fossil fuel fired electric utility units commencing construction after the date on which such regulations are proposed that, at a minimum, require any source subject to such revised standards to emit sulfur dioxide at a rate not greater than would have resulted from compliance by such source with the applicable standards of performance under this section [amending sections 7411 and 7479 of this title] prior to such revision.
“(c)Applicability.—The provisions of subsections (a) [amending this section] and (span) apply only so long as the provisions of section 403(e) of the Clean Air Act [42 U.S.C. 7651span(e)] remain in effect.”

Pending Actions and Proceedings

Suits, actions, and other proceedings lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Puspan. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Puspan. L. 95–95, see section 406(a) of Puspan. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 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 Puspan. 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 Puspan. L. 95–95 [this chapter], see section 406(span) of Puspan. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

Executive Documents
Transfer of Functions

Enforcement functions of Administrator or other official in Environmental Protection Agency related to compliance with new source performance standards under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, eff. July 1, 1979, §§ 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(span) of Puspan. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.

Power Sector Carbon Pollution Standards

Memorandum of President of the United States, June 25, 2013, 78 F.R. 39535, which related to carbon pollution standards for power plants, was revoked by Ex. Ord. No. 13783, § 3(a)(ii), Mar. 28, 2017, 82 F.R. 16094, formerly set out as a note under section 13201 of this title.