requisite technology, giving appropriate consideration to the cost of compliance within such period. (c) Consultation with Secretary of Transportation.

Any regulations under this section, or amendments thereto, with respect to aircraft, shall be prescribed only after consultation with the Secretary of Transportation in order to assure appropriate consideration for aircraft safety. (July 14, 1955, ch. 360, title II, § 231, as added Dec. 31, 1970, Pub. L. 91– 604, § 11(a) (1), 84 Stat. 1703.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1857f-10, 1857h-5 of this title.

§ 1857f-10. Enforcement of standards; regulations by Secretary of Transportation; proceedings to amend, modify, suspend, or revoke certificates. (a) The Secretary of Transportation, after consulation with the Administrator, shall prescribe regulations to insure compliance with all standards prescribed under section 1857f-9 of this title by the Administrator. The regulations of the Secretary of Transportation shall include provisions making such standards applicable in the issuance, amendment, modification, suspension, or revocation of any certificate authorized by the Federal Aviation Act or the Department of Transportation Act. Such Secretary shall insure that all necessary inspections are accomplished, and, may execute any power or duty vested in him by any other provision of law in the execution of all powers and duties vested in him under this section.

(b) In any action to amend, modify, suspend, or revoke a certificate in which violation of an emission standard prescribed under section 1857f-9 of this title or of a regulation prescribed under subsection (a) of this section is at issue, the certificate holder shall have the same notice and appeal rights as are

prescribed for such holders in the Federal Aviation Act of 1958 or the Department of Transportation Act, except that in any appeal to the National Transportation Safety Board, the Board may amend modify, or revoke the order of the Secretary of Transportation only if it finds no violation of such standard or regulation and that such amendment, modification, or revocation is consistent with safety in air transportation. (July 14, 1955, ch. 360, title П, § 232, as added Dec. 31, 1970, Pub. L. 91–604, § 11(a) (1), 84 Stat. 1704.)

REFERENCES IN TEXT

The Federal Aviation Act and the Federal Aviation Act of 1958, referred to in text, both have reference to Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, which is classified to section 1301 et seq. of Title 49, Transportation.

The Department of Transportation Act, referred to in text, is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which is classified to section 1651 et seq. of Title 49.

§ 1857f-11. State standards and controls.

No State or political subdivision thereof may adopt or attempt to enforce any standard respecting emissions of any air pollutant from any aircraft or engine thereof unless such standard is identical to a standard applicable to such aircraft under this part. (July 14, 1955, ch. 360, title II, § 233, as added Dec. 31, 1970, Pub. L. 91–604, § 11(a) (1), 84 Stat. 1704.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1857d-1 of this title.

§ 1857f-12. Definitions.

Terms used in this part (other than Administrator) shall have the same meaning as such terms have under section 1301 of Title 49. (July 14, 1955, ch. 360, title II, § 234, as added Dec. 31, 1970, Pub. L. 91-604, § 11(a) (1), 84 Stat. 1705.)

(a) Establishment or right to bring suit. (b) Notice.

(c) Venue; intervention by Administrator. (d) Award of costs; security.

(e) Non-restriction of other rights.

18571. Application to other laws; nonduplication of appropriations.

18571. Records and audit.

18571-1.

Comprehensive economic cost studies. 18571-2. Additional reports to Congress. 18571-3. Labor standards.

1857k. Separability of provisions. 18571. Appropriations.

§ 1857g. Administration.

(a) Regulations; delegation of powers of Administrator.

The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter. The Administrator may delegate to any officer or employee of the Environmental Protection Agency such of his powers and duties under this chapter, except the making of regulations, as he may deem necessary or expedient. (b) Detail of Environmental Protection Agency personnel to air pollution control agencies. Upon the request of an air pollution control agency personnel of the Environmental Protection

Agency may be detailed to such agency for the purpose of carrying out the provisions of this chapter. (c) Payments under grants: installments; advances or reimbursement.

Payments under grants made under this chapter may be made in installments, and in advance or by way of reimbursement, as may be determined by the Administrator. (July 14, 1955, ch. 360, title III, § 301, formerly § 8, as added Dec. 17, 1963, Pub. L. 88-206, § 1, 77 Stat. 400, renumbered Oct. 20, 1965, Pub. L. 89-272, title I, § 101(4), 79 Stat. 992, and amended Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 504; Dec. 31, 1970, Pub. L. 91–604, §§ 3(b) (2), 15(c) (2), 84 Stat. 1677, 1713.)

CODIFICATION

A prior section 1857g, act July 14, 1955, ch. 360, § 8, as added Sept. 22, 1959, Pub. L. 86-365, § 2, 73 Stat. 646, prior to the general amendment of this chapter by Pub. L. 88-206, provided for cooperative effort. See section 1857f (a) of this title.

AMENDMENTS

1970-Subsec. (a). Pub. L. 91-604, § 15(c) (2), substituted "Administrator" for "Secretary" and "Environmental Protection Agency" for "Department of Health, Education, and Welfare".

Subsec. (b). Pub. L. 91-604, § 3(b) (2), substituted "Environmental Protection Agency" for "Public Health Service" and struck out provisions covering the payment of salaries and allowances.

Subsec. (c). Pub. L. 91-604, § 15 (c) (2), substituted "Administrator" for "Secretary".

1967-Pub. L. 90-148 reenacted section without change. TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1857c of this title.

§ 1857h. Definitions.

When used in this chapter

(a) The term "Administrator" means the Administrator of the Environmental Protection Agency. (b) The term "air pollution control agency" means any of the following:

(1) A single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of this chapter;

(2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution;

(3) A city, county, or other local government health authority, or, in the case of any city, county, or other local government in which there is an agency other than the health authority charged

with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency; or

(4) An agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution. (c) The term "interstate air pollution control agency" means

(1) an air pollution control agency established by two or more States, or

(2) an air pollution control agency of two or more municipalities located in different States. (d) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(e) The term "person" includes an individual, corporation, partnership, association, State, municipality, and political subdivision of a State.

(f) The term "municipality" means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law.

(g) The term "air pollutant" means an air pollution agent or combination of such agents.

(h) All language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being. (July 14, 1955, ch. 360, title III, § 302, formerly § 9, as added Dec. 17, 1963, Pub. L. 88-206, § 1, 77 Stat. 400, renumbered Oct. 20, 1965, Pub. L. 89-272, title I, § 101 (4), 79 Stat. 992, and amended Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 504; Dec. 31, 1970, Pub. L. 91–604, § 15(a) (1), (c) (1), 84 Stat. 1710, 1713.)

PRIOR PROVISIONS

Provisions similar to subsecs. (b) and (d) of this section were contained in former section 1857e, act July 14, 1955, ch. 360, § 6, 69 Stat. 323, prior to the general amendment of this chapter by Pub. L. 88-206.

AMENDMENTS

1970-Subsec. (a). Pub. L. 91-604, § 15(c) (1), substituted a definition of "Administrator" as meaning the Administrator of the Environmental Protection Agency for a definition of "Secretary" as meaning the Secretary of Health, Education, and Welfare.

Subsec. (g). Pub. L. 91-604. § 15 (a) (1), added subsec. (g) defining "air pollutant". Former subsec. (g) redesignated as subsec. (h) and amended.

Subsec. (h). Pub. L. 91-604, § 15 (a) (1), redesignated subsec. (g) as subsec. (h) and, in subsec. (h) as so redesignated, substituted references to effects on soil, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and climate for references to injury to agricultural crops and livestock, and inserted references to effects on economic values and on personal comfort and well being.

1967-Pub. L. 90-148 reenacted section without change. TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised

by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1857c of this title; title 26 sections 48, 169.

§ 1857h-1. Emergency powers.

Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to the health of persons, and that appropriate State or local authorities have not acted to abate such sources, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. (July 14, 1955, ch. 360, title III, § 303, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1705.)

CODIFICATION

A prior section 303 of act July 14, 1955, was renumbered section 310 by Pub. L. 91-604, and is set out as section 18571 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1857c-5, 1857c-9 of this title.

§ 1857h-2. Citizen suits.

(a) Establishment of right to bring suit.

Except as provided in subsection (b) of this section, any person may commence a civil action on his own behalf

(1) against any person (including (i) the United States, and (ii) any other governmental instruinentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) who is alleged to be in violation of (A) an emission standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or

(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.

The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an emission standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be.

(b) Notice.

No action may be commenced

(1) under subsection (a) (1) of this section— (A) prior to 60 days after the plaintiff has given notice of the violation (i) to the Admin

istrator, (ii) to the State in which the violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or

(B) if the Administrator or State has commenced and is diligently prosecuting a civil action in a court of the United States or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any person may intervene as a matter of right.

(2) under subsection (a)(2) of the section prior to 60 days after the plaintiff has given notice of such action to the Administrator. except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of section 1857c-7 (c) (1) (B) of this title or an order issued by the Administrator pursuant to section 1857c-8(a) of this title. Notice under this subsection shall be given in such manner as the Administrator shall prescribe by regulation.

(c) Venue; intervention by Administrator.

(1) Any action respecting a violation by a stationary source of an emission standard or limitation or an order respecting such standard or limitation may be brought only in the judicial district in which such source is located.

(2) In such action under this section, the Administrator, if not a party, may intervene as a matter of right.

(d) Award of costs; security.

The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. (e) Non-restriction of other rights.

Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any emission standard or limitation or to seek any other relief (including relief against the Administrator or a State agency).

(f) Definition.

For purposes of this section, the term "emission standard or limitation under this chapter" means

(1) a schedule or timetable of compliance, emission limitation, standard of performance or emission standard, or

(2) a control or prohibition respecting a motor vehicle fuel or fuel additive,

which is in effect under this chapter (including a requirement applicable by reason of section 1857f of this title or under an applicable implementation plan. (July 14, 1955, ch. 360, title II, § 304, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1706.) CODIFICATION

A prior section 304 of act July 14, 1955, was renumbered section 311 by Pub. L. 91-604, and is set out as section 1857) of this title.

§1857h-3. Legal representation of Administrator and appearance by Attorney General.

The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this chapter 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. (July 14, 1955, ch. 360, title III, § 305, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1707.)

CODIFICATION

A prior section 305 of act July 14, 1955, was renumbered section 312 by Pub. L. 91-604, and is set out as section 18571-1 of this title.

§ 1857h-4. Federal procurement.

(a) Contracts with violators prohibited.

No Federal agency may enter into any contract with any person who is convicted of any offense under section 1857c-8(c) (1) of this title for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected.

(b) Notification procedures.

The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.

(c) Federal agency contracts.

In order to implement the purposes and policy of this chapter to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after December 31, 1970, cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this chapter in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement.

(d) Exemptions; notification to Congress.

The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. (e) Annual report to Congress.

The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. (July 14, 1955, ch. 360, title III, § 306, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1707.)

CODIFICATION

A prior section 306 of act July 14, 1955, was renumbered section 313 by Pub. L. 91-604, and is set out as section 18571-2 of this title.

§ 1857h-5. Administrative proceedings and judicial review.

(a) (1)1 In connection with any determination under section 1857c-5(f) or section 1857f-1(b) (5) of this title, or for purposes of obtaining information under section 1857f-1(b) (4) or 1857f-1(c) (4) of this title, the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for emission data, upon a showing satisfactory to the Administrator by such owner or operator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of Title 18, except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, to persons carrying out the National Academy of Sciences' study and investigation provided for in section 1857f-1(c) of this title, or when relevant in any proceeding under this chapter. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person under this subparagraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(b) (1) A petition for review of action of the Administrator in promulgating any national primary or secondary ambient air quality standard, any emission standard under section 1857c-7 of this title, any standard of performance under section 1857c6 of this title, any standard under section 1857f-1 of this title (other than a standard required to be prescribed under section 1857f-1(b) (1) of this title), any determination under section 1857f-1(b) (5) of this title, any control or prohibition under section 1857f-6c of this title or any standard under section 1857f-9 of this title may be filed only in the United States Court of Appeals for the District of Columbia. A petition for review of the Administrator's action in approving or promulgating any implementation plan under section 1857c-5 of this title or section 1857c-6(d) of this title, may be filed only in the United States Court of Appeals for the appropriate

So in original. Subsec. (a) was enacted without a par.

circuit. Any such petition shall be filed within 30 days from the date of such promulgation or approval, or after such date if such petition is based solely on grounds arising after such 30th day.

(2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in civil or criminal proceedings for enforcement.

(c) In any judicial proceeding in which review is sought of a determination under this chapter required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as to the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. (July 14, 1955, ch. 360, title III, § 307, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1707.)

CODIFICATION

Provisions for the obtaining of information under section 1857f-1(c) (4) of this title, set out in subsec. (a) (1), was, in the original, a reference to the obtaining of information under section 210(c) (4) of the Clean Air Act. Such provision has been translated as section 18371-1 (c) (4) of this title as the probable intent of Congress. A prior section 307 of act July 14, 1955, was renumbered section 314 by Pub. L. 91-604, and is set out as section 18571-3 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1857c-5, 18571-1, 18571-6c of this title.

§ 1857h-6. Mandatory licensing.

Whenever the Attorney General determines, upon application of the Administrator

(1) that

(A) in the implementation of the requirements of section 1857c-6, 1857c-7, or 1857f-1 of this title, a right under any United States letters patent, which is being used or intended for public or commercial use and not otherwise reasonably available, is necessary to enable any person required to comply with such limitation to so comply, and

(B) there are no reasonable alternative methods to accomplish such purpose, and

(2) that the unavailability of such right may result in a substantial lessening of competition or tendency to create a monopoly in any line of commerce in any section of the country, the Attorney General may so certify to a district court of the United States, which may issue an order requiring the person who owns such patent to license it on such reasonable terms and conditions as the court, after hearing, may determine. Such certification may be made to the district court for the

district in which the person owning the patent resides, does business, or is found. (July 14, 1955, ch. 360, title III, § 308, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1708.)

CODIFICATION

A prior section 308 of act July 14, 1955, was renumbered section 315 by Pub. L. 91-604, and is set out as section 1857k of this title.

§ 1857h-7. Policy review.

(a) The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this chapter or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 4332(2) (C) of this title applies, and (3) proposed regulations published by any department or agency of the Federal Government. Such written comment shall be made public at the conclusion of any such review.

(b) In the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environmental Quality. (July 14, 1955, ch. 360, title III, § 309, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1709.)

CODIFICATION

A prior section 309 of act July 14, 1955, was renumbered section 316 by Pub. L. 91-604, and is set out as section 18571 of this title.

§ 1857i. Application to other laws; nonduplication of appropriations.

(a) 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) 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, § 310, formerly § 10, as added Dec. 17, 1963, Pub. L. 88-206, § 1, 77 Stat. 401, renumbered § 303, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992, and amended Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 505; renumbered § 310, and amended Dec. 31, 1970, Pub. L. 91-604, §§ 12(a), 15(c) (a), 84 Stat. 1705, 1713.)