Clean Air Act

• Author: Environmental Law Reporter
• Pages: 77-268

Clean Air Act

42 U.S.C. §§7401-7671q

Subchapter I—Programs and Activities

Part A—Air Quality and Emission Limitations

§7401. [CAA §101]

Congressional findings and declaration of purpose

(a) Findings

The Congress finds—

(1) that the predominant part of the Nation’s population is located

in its rapidly expanding metropolitan and other urban areas, which

generally cross the boundary lines of local jurisdictions and often

extend into two or more States;

(2) that the growth in the amount and complexity of air pollution

brought about by urbanization, industrial development, and the in-

creasing 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 haz-

ards to air and ground transportation;

(3) that air pollution prevention (that is, the reduction or elimina-

tion, through any measures, of the amount of pollutants produced or

created at the source) and air pollution control at its source is the pri-

mary responsibility of States and local governments; and

(4) that Federal financial assistance and leadership is essential for

the development of cooperative Federal, State, regional, and local

programs to prevent and control air pollution.

(b) Declaration

The purposes of this subchapter are—

(1) to protect and enhance the quality of the Nation’s air re-

sources so as to promote the public health and welfare and the pro-

ductive 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

Aprimary goal of this chapter is to encourage or otherwise promote

reasonable Federal, State, and local governmental actions, consistent

with the provisions of this chapter, for pollution prevention.

(July 14, 1955, ch. 360, title I, §101, formerly §1, as added Dec. 17, 1963, Pub.

L. 88-206, §1, 77 Stat. 392, and renumbered §101 and amended Oct. 20, 1965,

Pub.L. 89-272, title I, §101(2), (3), 79 Stat. 992; Nov. 21, 1967, Pub. L. 90-148,

§2, 81 Stat. 485; Nov. 15, 1990, Pub. L. 101-549, title I, §108(k), 104 Stat.

2468.)

Codification

Section was formerly classified to section 1857 of this title.

Prior Provisions

Provisions similar to those comprising this section were contained in a prior sec-

tion 1857 of this title, act of July 14, 1955, ch. 360, Sec. 1, 69 Stat. 322, prior to the

general amendment of this chapter by Pub. L. 88-206.

Effective Date Of 1990 Amendment

Section 711(b) of Pub. L. 101-549 provided that:

“(1) Except as otherwise expressly provided, the amendments made by this Act

[see Tablesfor classification] shall be effective on the date of enactment of this Act

[Nov. 15, 1990].

“(2) The Administrator’s authority to assess civil penalties under section 205(c)

of the Clean Air Act [42 U.S.C. 7524(c)], as amended by this Act, shall apply to vio-

lations that occur or continue on or after the date of enactment of this Act. Civil pen-

alties for violations that occur prior to such date and do not continue after such date

shall be assessed in accordance with the provisions of the Clean Air Act [42 U.S.C.

7401 et seq.] in effect immediately prior to the date of enactment of this Act.

“(3) The civil penalties prescribed under sections 205(a) and 211(d)(1) of the

Clean Air Act [42 U.S.C. 7524(a), 7545(d)(1)], as amended by this Act, shall apply

to violations that occur on or after the date of enactment of this Act. Violationsthat

occur prior to such date shall be subject to the civil penalty provisions prescribed in

sections 205(a) and 211(d)of the Clean Air Act in effect immediately prior to the en-

actment of this Act. The injunctive authority prescribed under section 211(d)(2) of

theClean Air Act, as amended by this Act, shall apply to violations that occur or con-

tinue on or after the date of enactment of this Act.

“(4) For purposes of paragraphs (2) and (3), where the date of a violation cannot

bedetermined it will be assumed to be the date on which the violation is discovered.”

Effective Date Of 1977 Amendment; Pending Actions; Continuation Of

Rules, Contracts, Authorizations, Etc.; Implementation Plans

Section 406 of Pub. L. 95-95, as amended by Pub. L. 95-190, Sec. 14(b)(6), Nov.

16, 1977, 91 Stat. 1405, provided that:

“(a) No suit, action, or other proceeding lawfully commenced by or against the

Administratoror any other officer or employee of the United States in his official ca-

pacity or in relation to the discharge of his official duties under the Clean Air Act

[this chapter], as in effect immediately prior to the date of enactment of this Act

[Aug. 7, 1977] shall a bate by reason of the taking effect of the amendments made

by this Act [see Short Title of 1977 Amendment note below]. The court may,on its

own motion or that of any party made at any time within twelve months after such

taking effect, allow the same to be maintained by or against the Administrator or

such officer or employee.

“(b) All rules, regulations, orders, determinations, contracts, certifications,

authorizations,delegations, or other actions duly issued, made, or taken by or pursu -

ant to the Clean Air Act [this chapter], as in effect immediately prior to the date of

enactment of this Act [Aug. 7, 1977], and pertaining to any functions, powers, re-

quirements, and duties under the Clean Air Act, as in effectimmediately prior to the

date of enactment of this Act, and not suspended by the Administrator or the courts,

shall continue in full force and effect after the date of enactment of this Act until

modified or rescinded in accordance with the Clean Air Act as amended by this Act

[see Short Title of 1977 Amendment note below].

“(c) Nothing in this Act [see Short Titleof 1977 Amendment note below] nor any

action taken pursuant to this Act shall in any way affect any requirement of an ap-

provedimplementation plan in effect under section 110 of the Clean Air Act [section

7410 of this title] or any other provision of the Act in effect under the Clean Air Act

before the date of enactment of this section [Aug. 7, 1977] until modified or re-

scinded in accordance with the Clean Air Act [this chapter] as amended by this Act

[see Short Title of 1977 Amendment note below].

“(d)(1) Except as otherwise expressly provided, the amendments made by this

Act[see Short Title of 1977 Amendment note below] shall be effective on date of en-

actment [Aug. 7, 1977].

“(2) Except as otherwise expressly provided, each State required to revise its ap-

plicable implementation plan by reason of any amendment made by this Act [see

Short Titleof 1977 Amendment note below] shall adopt and submit to the Adminis-

trator of the Environmental Protection Administration such plan revision before the

later of the date—

“(A) one year after the date of enactment of this Act [Aug. 7, 1977], or

“(B)nine months after the date of promulgation by the Administrator of the En-

vironmental Protection Administration of any regulations under an amendment

made by this Act which are necessary for the approval of such plan revision.”

Short Title Of 1999 Amendment

Pub. L. 106-40, Sec. 1. Aug. 5, 1999, 113 Stat. 207, provided that: “This Act

[amending section 7412 of this title and enacting provisions set out as notes under

section 7412 of this title] may be cited as the ‘Chemical Safety Information, Site Se-

curity and Fuels Regulatory Relief Act’.”

Short Title Of 1998 Amendment

Pub. L. 105-286, Sec. 1, Oct. 27, 1998, 112 Stat. 2773, provided that: “This Act

[amending section 7511bof this title and enacting provisions set out as a note under

section 7511b of this title] may be cited as the ‘Border Smog Reduction Act of

1998’.”

Short Title Of 1990 Amendment

Pub. L. 101-549, Nov.15, 1990, 104 Stat. 2399, is popularly known as the “Clean

Air Act Amendments of 1990”. See Tables for classification.

Short Title Of 1981 Amendment

Pub. L. 97-23, Sec. 1, July 17, 1981, 95 Stat. 139, provided: “That this Act

[amending sections 7410 and 7413 of this title] may be cited as the ‘Steel Industry

Compliance Extension Act of 1981’.”

Short Title Of 1977 Amendment

Pub. L. 95-95, Sec. 1, Aug. 7, 1977, 91 Stat. 685, provided that: “This Act [enact-

ing sections 4362, 7419 to 7428, 7450 to 7459, 7470 to 7479, 7491, 7501 to 7508,

7548, 7549, 7551, 7617 to 7625, and 7626 of this title, amending sections 7403,

7405, 7407 to 7415, 7417, 7418, 7521 to 7525, 7541, 7543, 7544, 7545, 7550, 7571,

7601to 7605, 7607, 7612, 7613, and 7616 of this title, repealing section 1857c-10 of

this title, and enacting provisions set out as notes under sections 7401, 7403, 7422,

7470, 7479, 7502, 7521, 7548, and 7621 of this title and section 792 of Title 15,

Commerceand Trade] may be cited as the ‘Clean Air Act Amendments of 1977’.”

CAA §101 CLEAN AIR ACT 42 U.S.C. §7401

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Short Title Of 1970 Amendment

Pub. L. 91-604, Sec. 1, Dec. 31, 1970, 84 Stat. 1676, provided: “That this Act

[amending this chapter generally] may be cited as the ‘Clean Air Amendments of

1970’.”

Short Title Of 1967 Amendment

Section 1 of Pub. L. 90-148 provided: “That this Act [amending this chapter gen-

erally] may be cited as the ‘Air Quality Act of 1967’.”

Short Title Of 1966 Amendment

Pub. L. 89-675, Sec. 1, Oct. 15, 1966, 80 Stat. 954, provided: “That this Act

[amending sections 7405 and 7616 of this title and repealing section 1857f-8 of this

title] may be cited as the ‘Clean Air Act Amendments of 1966’.”

Short Title

Section 317, formerly section 14, of act July 14, 1955, as added by section 1 of

Pub.L. 88-206, renumbered section 307 by section 101(4) of Pub. L. 89-272, renum-

bered section 310 by section 2 of Pub. L. 90-148, and renumbered section 317 by

Pub. L. 91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705, provided that: “This Act

[enacting this chapter] may be cited as the ‘Clean Air Act’.”

Section 201 of title II of act July 14, 1955, as added by Pub. L. 89-272, title I, Sec.

101(8), Oct. 20, 1965, 79 Stat. 992, and amended by Pub. L. 90-148, Sec. 2, Nov.2,

1967, 81 Stat. 499, provided that: “This title [enacting subchapter II of this chapter]

may be cited as the ‘National Emission Standards Act’.” Prior to its amendment by

Pub. L. 90-148, title II of act June 14, 1955, was known as the “Motor VehicleAir

Pollution Control Act”.

Section 401 of title IV of act July 14, 1955, as added Dec. 31, 1970, Pub. L. 91-

604, Sec. 14, 84 Stat. 1709, provided that: “This title [enacting subchapter IV of this

chapter] may be cited as the ‘Noise Pollution and Abatement Act of 1970’.”

Savings Provision

Section 711(a) of Pub. L. 101-549 provided that: “Except as otherwise expressly

provided in this Act [see Tablesfor classification], no suit, action, or other proceed-

ing lawfully commenced by the Administrator or any other officer or employee of

the United States in his officialcapacity or in relation to the discharge of his official

duties under the Clean Air Act [42 U.S.C. 7401 et seq.], as in effect immediately

priorto the date of enactment of this Act [Nov. 15, 1990], shall abate by reason of the

taking effect of the amendments made by this Act.”

TransferOf Functions

Reorg. Plan. No. 3 of 1970, Sec. 2(a)(3), eff.Dec. 2, 1970, 35 F.R. 15623, 84 Stat.

2086, transferred to Administrator of Environmental Protection Agency functions

vested by law in Secretary of Health, Education, and Welfare or in Department of

Health, Education, and Welfare which are administered through Environmental

HealthService, including functions exercised by National Air Pollution Control Ad-

ministration, and Environmental Control Administration’s Bureau of Solid Waste

Management, Bureau of WaterHygiene, and Bureau of Radiological Health, except

insofaras functions carried out by the Bureau of Radiological Health pertain to regu-

lation of radiation from consumer products, including electronic product radiation,

radiation as used in healing arts, occupational exposure to radiation, and research,

technical assistance, and training related to radiation from consumer products, radi-

ation used in healing arts, and occupational exposure to radiation.

Impact On Small Communities

Section 810 of Pub. L. 101-549 provided that: “Before implementing a provision

of this Act [see Tables for classification], the Administrator of the Environmental

ProtectionAgency shall consult with the Small Communities Coordinator of the En-

vironmental Protection Agency to determine the impact of such provision on small

communities, including the estimated cost of compliance with such provision.”

Radon Assessment And Mitigation

Pub.L. 99-499, title I, Sec. 118(k), Oct. 17, 1986, 100 Stat. 1659, provided that:

“(1) National assessment of radon gas.—No later than one year after the enact-

mentof this Act [Oct. 17, 1986], the Administrator shall submit to the Congress a re -

port which shall, to the extent possible—

“(A) identify the locations in the United States where radon is found in struc-

tures where people normally live or work, including educational institutions;

“(B) assess the levels of radon gas that are present in such structures;

“(C) determine the level of radon gas and radon daughters which poses a threat

to human health and assess for each location identified under subparagraph (A)

the extent of the threat to human health;

“(D) determine methods of reducing or eliminating the threat to human health

of radon gas and radon daughters; and

“(E) include guidance and public information materials based on the findings

or research of mitigating radon.

“(2) Radon mitigation demonstration program.—

“(A) Demonstration program.—The Administrator shall conduct a demon-

stration program to test methods and technologies of reducing or eliminating ra-

don gas and radon daughters where it poses a threat to human health. The Admin-

istrator shall take into consideration any demonstration program underway in the

Reading Prong of Pennsylvania, New Jersey, and New York and at other sites

prior to enactment. The demonstration program under this section shall be con-

ducted in the Reading Prong, and at such other sites as the Administrator consid-

ers appropriate.

“(B) Annual reports.—The Administrator shall submit annual reports not

later than February 1 of each year (beginning February 1, 1987) on the status of

the demonstration program carried out under this subsection and on any such

demonstration program initiated prior to enactment.

“(C)Liability.—Liability, if any,for persons undertaking activities pursuant to

the radon mitigation demonstration program authorized under this subsection

shall be determined under principles of existing law.

“(3) Construction of section.—Nothing in this subsection shall be construed to

authorizethe Administrator to carry out any regulatory program or any activity other

than research, development, and related reporting, information dissemination, and

coordination activities specified in this subsection. Nothing in paragraph (1) or (2)

shall be construed to limit the authority of the Administrator or of any other agency

or instrumentality of the United States under any other authority of law.”

Spill Control Technology

Pub.L. 99-499, title I, Sec. 118(n), Oct. 17, 1986, 100 Stat. 1660, provided that:

“(1) Establishment of program.—Within180 days of enactment of this subsec-

tion [Oct. 17, 1986], the Secretary of the United States Department of Energy is di-

rectedto carry out a program of testing and evaluation of technologies which may be

utilized in responding to liquefied gaseous and other hazardous substance spills at

the Liquefied Gaseous Fuels Spill TestFacility that threaten public health or the en-

vironment.

“(2) Technology transfer.—In carrying out the program established under this

subsection,the Secretary shall conduct a technology transfer program that, at a mini-

mum—

“(A) documents and archives spill control technology;

“(B) investigates and analyzes significant hazardous spill incidents;

“(C) develops and provides generic emergency action plans;

“(D) documents and archives spill test results;

“(E) develops emergency action plans to respond to spills;

“(F) conducts training of spill response personnel; and

“(G)establishes safety standards for personnel engaged in spill response activi-

ties.

“(3)Contracts and grants.—The Secretary is directed to enter into contracts and

grants with a nonprofit organization in Albany County,Wyoming, that is capable of

providing the necessary technical support and which is involved in environmental

activities related to such hazardous substance related emergencies.

“(4) Use of site.—The Secretary shall arrange for the use of the Liquefied Gase-

ous Fuels Spill Test Facility to carry out the provisions of this subsection.”

Radon Gas and Indoor Air Quality Research

Pub. L. 99-499, title IV,Oct. 17, 1986, 100 Stat. 1758, provided that:

“SEC. 401. SHORT TITLE.

“Thistitle may be cited as the ‘Radon Gas and Indoor Air Quality Research Act of

1986’.

“SEC. 402. FINDINGS.

“The Congress finds that:

“(1) High levels of radon gas pose a serious health threat in structures in certain

areas of the country.

“(2) Variousscientific studies have suggested that exposure to radon, including

exposure to naturally occurring radon and indoor air pollutants, poses a public

health risk.

“(3) Existing Federal radon and indoor air pollutant research programs are

fragmented and underfunded.

“(4)An adequate information base concerning exposure to radon and indoor air

pollutants should be developed by the appropriate Federal agencies.

“SEC. 403. RADON GAS AND INDOOR AIR QUALITY RESEARCH

PROGRAM.

“(a) Design of Program.—The Administrator of the Environmental Protection

Agency shall establish a research program with respect to radon gas and indoor air

quality. Such program shall be designed to—

“(1) gather data and information on all aspects of indoor air quality in order to

contribute to the understanding of health problems associated with the existence

of air pollutants in the indoor environment;

“(2) coordinate Federal, State, local, and private research and development ef-

forts relating to the improvement of indoor air quality; and

“(3) assess appropriate Federal Government actions to mitigate the environ-

mental and health risks associated with indoor air quality problems.

“(b) Program Requirements.—The research program required under this sec-

tion shall include—

“(1) research and development concerning the identification, characterization,

and monitoring of the sources and levels of indoor air pollution, including radon,

which includes research and development relating to—

“(A)the measurement of various pollutant concentrations and their strengths

and sources,

“(B) high-risk building types, and

“(C) instruments for indoor air quality data collection;

“(2) research relating to the effects of indoor air pollution and radon on human

health;

“(3) research and development relating to control technologies or other mitiga-

tionmeasures to prevent or abate indoor air pollution (including the development,

evaluation, and testing of individual and generic control devices and systems);

“(4) demonstration of methods for reducing or eliminating indoor air pollution

and radon, including sealing, venting, and other methods that the Administrator

determines may be effective;

“(5) research, to be carried out in conjunction with the Secretary of Housing

and Urban Development, for the purpose of developing—

“(A) methods for assessing the potential for radon contamination of new

construction, including (but not limited to) consideration of the moisture con-

tent of soil, porosity of soil, and radon content of soil; and

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42 U.S.C. §7401 ENVIRONMENTALLAW DESKBOOK CAA §101

“(B) design measures to avoid indoor air pollution; and

“(6) the dissemination of information to assure the public availability of the

findings of the activities under this section.

“(c) Advisory Committees.—The Administrator shall establish a committee

comprised of individuals representing Federal agencies concerned with various as-

pectsof indoor air quality and an advisory group comprised of individuals represent-

ing the States, the scientific community,industry, and public interest organizations

to assist him in carrying out the research program for radon gas and indoor air qual-

ity.

“(d) Implementation Plan.—Not later than 90 days after the enactment of this

Act [Oct. 17, 1986], the Administrator shall submit to the Congress a plan for imple-

mentationof the research program under this section. Such plan shall also be submit-

ted to the EPAScience Advisory Board, which shall, within a reasonable period of

time, submit its comments on such plan to Congress.

“(e) Report.—Not later than 2 years after the enactment of this Act [Oct. 17,

1986], the Administrator shall submit to Congress a report respecting his activities

under this section and making such recommendations as appropriate.

“SEC. 404. CONSTRUCTION OF TITLE.

“Nothing in thistitle shall be construed to authorize the Administrator to carry out

anyregulatory program or any activity other than research, development, and related

reporting, information dissemination, and coordination activities specified in this ti-

tle. Nothing in this title shall be construed to limit the authority of the Administrator

orof any other agency or instrumentality of the United States under any other author-

ity of law.

“SEC. 405. AUTHORIZATIONS.

“There are authorized to be appropriated to carry out the activities under this title

and under section 118(k)of the Superfund Amendments and Reauthorization Act of

1986 (relating to radon gas assessment and demonstration program) (section 118(k)

of Pub. L. 99-499, set out as a note above) not to exceed $5,000,000 for each of the

fiscal years 1987, 1988, and 1989. Of such sums appropriated in fiscal years 1987

and1988, two-fifths shall be reserved for the implementation of section 118(k)(2).”

Study Of Odors And Odorous Emissions

Pub. L. 95-95, title IV,Sec. 403(b), Aug. 7, 1977, 91 Stat. 792, provided that the

Administrator of the Environmental Protection Agency conduct a study and report

tothe Congress not later than Jan. 1, 1979, on the effects on public health and welfare

of odors and odorous emissions, the source of such emissions, the technology or

other measures available for control of such emissions and the costs of such technol-

ogy or measures, and the costs and benefits of alternative measures or strategies to

abate such emissions.

List Of Chemical Contaminants From Environmental Pollution Found In

Human Tissue

Pub. L. 95-95, title IV,Sec. 403(c), Aug. 7, 1977, 91 Stat. 792, provided that:

“(1) Not later than twelve months after the date of enactment of this Act [Aug. 7,

1977] the Administrator of the Environmental Protection Agency shall publish

throughout the United States a list of all known chemical contaminants resulting

from environmental pollution which have been found in human tissue including

blood, urine, breast milk, and all other human tissue. Such list shall be prepared for

the United States and shall indicate the approximate number of cases, the range of

levels found, and the mean levels found.

“(2)Not later than eighteen months after the date of enactment of this Act [Aug. 7,

1977] the Administrator shall publish in the same manner an explanation of what is

known about the manner in which the chemicals described in paragraph (1) entered

the environment and thereafter human tissue.

“(3)The Administrator, in consultation with National Institutes of Health, the Na-

tional Center for Health Statistics, and the National Center for Health Services Re-

search and Development, shall, if feasible, conduct an epidemiological study to

demonstrate the relationship between levels of chemicals in the environment and in

human tissue. Such study shall be made in appropriate regions or areas of the United

Statesin order to determine any different results in such regions or areas. The results

of such study shall, as soon as practicable, be reported to the appropriate committee

of the Congress.”

Study On Regional Air Quality

Pub.L. 95-95, title IV, Sec. 403(d), Aug. 7, 1977, 91 Stat. 793, provided that: “The

Administrator of the Environmental Protection Agency shall conduct a study of air

quality in various areas throughout the country including the gulf coast region. Such

study shall include analysis of liquid and solid aerosols and other fine particulate

matter and the contribution of such substances to visibility and public health prob-

lems in such areas. For the purposes of this study,the Administrator shall use envi-

ronmental health experts from the National Institutes of Health and other outside

agencies and organizations.”

Railroad Emission Study

Pub.L. 95-95, title IV, Sec. 404, Aug. 7, 1977, 91 Stat. 793, as amended by H. Res.

549, Mar. 25, 1980, provided that:

“(a) The Administrator of the Environmental Protection Agency shall conduct a

study and investigation of emissions of air pollutants from railroad locomotives, lo-

comotive engines, and secondary power sources on railroad rolling stock, in order to

determine—

“(1) the extent to which such emissions affect air quality in air quality control

regions throughout the United States,

“(2)the technological feasibility and the current state of technology for control-

ling such emissions, and

“(3) the status and effectof current and proposed State and local regulations af-

fecting such emissions.

“(b) Withinone hundred and eighty days after commencing such study and inves-

tigation, the Administrator shall submit a report of such study and investigation, to-

gether with recommendations for appropriate legislation, to the Senate Committee

on Environment and Public Worksand the House Committee on Energy and Com-

merce.”

Study And Report Concerning Economic Approaches ToControlling Air

Pollution

Pub. L. 95-95, title IV,Sec. 405, Aug. 7, 1977, 91 Stat. 794, provided that the Ad-

ministrator, in conjunction with the Council of Economic Advisors, undertake a

study and assessment of economic measures for the control of air pollution which

could strengthen the effectiveness of existing methods of controlling air pollution,

provide incentives to abate air pollution greater than that required by the Clean Air

Act,and serve as the primary incentive for controlling air pollution problems not ad-

dressed by the Clean Air Act, and that not later than 2 years after Aug. 7, 1977, the

Administrator and the Council conclude the study and submit a report to the Presi-

dent and Congress.

National Industrial Pollution Control Council

For provisions relating to establishment of National Industrial Pollution Control

Council, see Ex. Ord. No. 11523,Apr. 9, 1970, 35 F.R. 5993, set out as a note under

section 4321 of this title.

Federal Compliance With Pollution Control Standards

For provisions relating to responsibility of head of each Executive agency for

compliance with applicable pollution control standards, see Ex. Ord. No. 12088,

Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of this title.

§7402. [CAA §102]

Cooperative activities

(a) Interstate cooperation; uniform State laws; State compacts

The Administrator shall encourage cooperative activities by the

States and local governments for the prevention and control of air pol-

lution; encourage the enactment of improved and, so far as practicable

in the light of varying conditions and needs, uniform State and local

laws relating to the prevention and control of air pollution; and en-

courage the making of agreements and compacts between States for

the prevention and control of air pollution.

(b) Federal cooperation

The Administrator shall cooperate with and encourage cooperative

activities by all Federal departments and agencies having functions re-

lating to the prevention and control of air pollution, so as to assure the

utilization in the Federal air pollution control program of all appropri-

ate and available facilities and resources within the Federal Govern-

ment.

(c) Consent of Congress to compacts

The consent of the Congress is hereby given to two or more Statesto

negotiate and enter into agreements or compacts, not in conflict with

any law or treaty of the United States, for (1) cooperative effort and

mutual assistance for the prevention and control of air pollution and

the enforcement of their respective laws relating thereto, and (2) the

establishment of such agencies, joint or otherwise, as they may deem

desirable for making effective such agreements or compacts. No such

agreement or compact shall be binding or obligatory upon any State a

party thereto unless and until it has been approved by Congress. It is

the intent of Congress that no agreement or compact entered into be-

tween Statesafter November 21, 1967, which relates to the control and

abatement of air pollution in an air quality control region, shall pro-

vide for participation by a State which is not included (in whole or in

part) in such air quality control region.

(July 14, 1955, ch. 360, title I, §102, formerly §2, as added Dec. 17, 1963, Pub.

L.88-206, §1, 77 Stat. 393, renumbered §102, Oct. 20, 1965, Pub. L. 89-272, ti-

tle I, §101(3), 79 Stat. 992, and amended Nov.21, 1967, Pub. L. 90-148, §2, 81

Stat. 485; Dec. 31, 1970, Pub. L. 91-604, §15(c)(2), 84 Stat. 1713.)

Codification

Section was formerly classified to section 1857a of this title.

Prior Provisions

Provisionssimilar to those comprising the first clause of subsec. (a) of this section

were contained in subsec. (b)(1) of a prior section 1857a, of this title, act July 14,

1955, ch. 360, Sec. 2, 69 Stat.322, prior to the general amendment of this chapter by

Pub. L. 88-206.

CAA §102 CLEAN AIR ACT 42 U.S.C. §7402

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