Research and development program for prevention and control of air pollution
Authorized activities of Administrator in establishing research and development program
Air pollutant monitoring, analysis, modeling, and inventory research
Environmental health effects research
Ecosystem research
Liquefied Gaseous Fuels Spill Test Facility
Pollution prevention and emissions control
In general
In carrying out subsection (a), the Administrator shall conduct a basic engineering research and technology program to develop, evaluate, and demonstrate nonregulatory strategies and technologies for air pollution prevention.
Participation requirement
Such strategies and technologies described in paragraph (1) 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, States, institutions of higher education, and other interested persons in the development of such strategies and technologies.
Program inclusions
Effect of subsection
Nothing in this subsection shall be construed to authorize the imposition on any person of air pollution control requirements.
Coordination and avoidance of duplication
The Administrator shall consult with other appropriate Federal agencies to ensure coordination and to avoid duplication of activities authorized under this subsection.
Certain carbon dioxide activities
In general
Direct air capture research
Definitions
Board
The term “Board” means the Direct Air Capture Technology Advisory Board established by clause (iii)(I).
Dilute
The term “dilute” means a concentration of less than 1 percent by volume.
Direct air capture
In general
The term “direct air capture”, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
Exclusion
Intellectual property
Technology prizes
In general
Not later than 1 year after , the Administrator, in consultation with the Secretary of Energy, is authorized to establish a program to provide financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute.
Duties
Public participation
Direct Air Capture Technology Advisory Board
Establishment
The Administrator may establish an advisory board to be known as the “Direct Air Capture Technology Advisory Board”.
Composition
Term; vacancies
Term
A member of the Board shall serve for a term of 6 years.
Vacancies
Initial meeting
Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board.
Meetings
The Board shall meet at the call of the Chairperson or on the request of the Administrator.
Quorum
A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings.
Chairperson and Vice Chairperson
The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.
Compensation
section 5316 of title 5Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under for each day during which the member is engaged in the actual performance of the duties of the Board.
Duties
Intellectual property
In general
As a condition of receiving a financial award under this subparagraph, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States.
Reservation of license
Transfer of title
Title to any intellectual property described in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property.
Authorization of appropriations
There is authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended.
Termination of authority
1
Deep saline formation report
Definition of deep saline formation
In general
In this subparagraph, the term “deep saline formation” means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid.
Clarification
In this subparagraph, the term “deep saline formation” does not include oil and gas reservoirs.
Report
GAO report
NIEHS studies
Coordination of research
Continuation of national acid precipitation assessment program
Air pollution conferences
section 7408 of this titleIf, in the judgment of the Administrator, an air pollution problem of substantial significance may result from discharge or discharges into the atmosphere, the Administrator may call a conference concerning this potential air pollution problem to be held in or near one or more of the places where such discharge or discharges are occurring or will occur. All interested persons shall be given an opportunity to be heard at such conference, either orally or in writing, and shall be permitted to appear in person or by representative in accordance with procedures prescribed by the Administrator. If the Administrator finds, on the basis of the evidence presented at such conference, that the discharge or discharges if permitted to take place or continue are likely to cause or contribute to air pollution subject to abatement under this part, the Administrator shall send such findings, together with recommendations concerning the measures which the Administrator finds reasonable and suitable to prevent such pollution, to the person or persons whose actions will result in the discharge or discharges involved; to air pollution agencies of the State or States and of the municipality or municipalities where such discharge or discharges will originate; and to the interstate air pollution control agency, if any, in the jurisdictional area of which any such municipality is located. Such findings and recommendations shall be advisory only, but shall be admitted together with the record of the conference, as part of the proceedings under subsections (b), (c), (d), (e), and (f) of .
July 14, 1955, ch. 360 Pub. L. 88–206, § 177 Stat. 394 Pub. L. 89–272, title I79 Stat. 992 Pub. L. 90–148, § 281 Stat. 486 Pub. L. 91–60484 Stat. 1676 Pub. L. 95–95, title I, § 101(a)91 Stat. 686 Pub. L. 101–549, title IX, § 901(a)104 Stat. 2700–2703 Pub. L. 116–260, div. S, § 102(b)134 Stat. 2243 (, title I, § 103, formerly § 3, as added , , ; renumbered § 103 and amended , §§ 101(3), 103, , , 996; , , ; , §§ 2(a), 4(2), 15(a)(2), (c)(2), , , 1689, 1710, 1713; , (b), , , 687; –(c), , ; , , .)
Editorial Notes
References in Text
section 14 of Pub. L. 92–463section 1013 of Title 5Pub. L. 117–286136 Stat. 4204 Section 14 of the Federal Advisory Committee Act, referred to in subsec. (g)(6)(B)(vi), is , which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as by , §§ 3(a), 7, , , 4361.
Pub. L. 96–29494 Stat. 770 section 8901 of this titleThe Acid Precipitation Act of 1980, referred to in subsec. (j)(1), (3)(A), is title VII of , , , 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 and Tables.
Codification
section 6101 of title 4131 U.S.C. 52941 U.S.C. 5Pub. L. 97–258, § 4(b)96 Stat. 1067 Pub. L. 111–350, § 6(c)124 Stat. 3854 In subsec. (b)(4), “section 3324(a) and (b) of title 31 and ” substituted for “sections 3648 and 3709 of the Revised Statutes (; )” on authority of , , , which Act enacted Title 31, Money and Finance, and , , , which Act enacted Title 41, Public Contracts.
section 1857b of this titleSection was formerly classified to .
Prior Provisions
section 1857b of this titleact July 14, 1955, ch. 360, § 3 69 Stat. 322 Pub. L. 87–761, § 276 Stat. 760 Pub. L. 88–206Provisions similar to those in subsec. (a)(3) of this section were contained in subsec. (a) of a prior , , , as amended , , , prior to the general amendment of this chapter by .
act July 14, 1955, ch. 360 69 Stat. 322 Pub. L. 87–761, § 276 Stat. 760 Pub. L. 86–365, § 173 Stat. 646 Pub. L. 87–761, § 176 Stat. 760 Pub. L. 88–206Provisions similar to those in this section were contained in prior sections 1857a to 1857d of this title, , §§ 2 to 5, (section 1857b as amended , , ; section 1857d as amended , , and , , ), prior to the general amendment of this chapter by .
Amendments
Pub. L. 116–260, § 102(b)(1)2020—Subsec. (c)(3). , substituted “precursors” for “percursors” in introductory provisions.
Pub. L. 116–260, § 102(b)(2)(C)(iii)Subsec. (g)(1). , designated first sentence of introductory provisions as par. (1) and inserted heading. Former par. (1) redesignated subpar. (A) of par. (3).
Pub. L. 116–260, § 102(b)(2)(C)(ii)Subsec. (g)(2). , designated second sentence of introductory provisions as par. (2), inserted heading, substituted “Such strategies and technologies described in paragraph (1) shall be developed” for “Such strategies and technologies shall be developed”, and inserted “States, institutions of higher education,” after “scientists,”. Former par. (2) redesignated subpar. (B) of par. (3).
Pub. L. 116–260, § 102(b)(2)(C)(i)Subsec. (g)(3). , designated third sentence of introductory provisions as par. (3), inserted heading, and substituted “The program under this subsection” for “Such program”. Former par. (3) redesignated subpar. (C) of par. (3).
Pub. L. 116–260, § 102(b)(2)(A)Subsec. (g)(3)(A) to (D). , redesignated pars. (1) to (4) of subsec. (g) as subpars. (A) to (D), respectively, of par. (3).
Pub. L. 116–260, § 102(b)(2)(B)Subsec. (g)(4), (5). , designated first and second sentences of concluding provisions as pars. (4) and (5), respectively, and inserted headings. Former par. (4) redesignated subpar. (D) of par. (3).
Pub. L. 116–260, § 102(b)(2)(D)Subsec. (g)(6). , added par. (6).
Pub. L. 101–549, § 901(a)(1)1990—Subsec. (a)(1). , inserted “(including health and welfare effects)” after “effects”.
Pub. L. 101–549, § 901(a)(2)Subsec. (b)(8). , 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.
Pub. L. 101–549, § 901(b)Subsecs. (c) to (f). , 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.
Pub. L. 101–549, § 901(c)Subsecs. (g) to (k). , added subsecs. (g) to (k).
Pub. L. 95–95, § 101(b)1977—Subsec. (a). , struck out reference to “training” in par. (1) and added par. (5).
Pub. L. 95–95, § 101(a)Subsec. (b). , 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.
Pub. L. 91–604, § 15(c)(2)1970—Subsec. (a). , substituted “Administrator” for “Secretary”.
Pub. L. 91–604, § 15(c)(2)Subsec. (b). , substituted “Administrator” for “Secretary” and “Environmental Protection Agency” for “Department of Health, Education, and Welfare”.
Pub. L. 91–604, § 15(a)(2)Subsec. (c). , (c)(2), substituted “Administrator” for “Secretary” and “air pollutants” for “air pollution agents (or combinations of agents)”.
Pub. L. 91–604, § 15(c)(2)Subsec. (d). , substituted “Administrator” for “Secretary”.
Pub. L. 91–604, § 15(c)(2)section 7415 of this titleSubsec. (e). , substituted “Administrator” for “Secretary” wherever appearing, substituted “7415” for “7415(a)”, and inserted references to subsecs. (b) and (c) of .
Pub. L. 91–604, § 2(a)Subsec. (f). , added subsec. (f).
Pub. L. 90–1481967—Subsec. (a). 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.
Pub. L. 90–148Subsec. (c). 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.
Pub. L. 90–148section 7415 of this titlesection 7415 of this titleSubsec. (e). substituted references to subsections (d), (e), and (f) of for references to subsections (c), (d), and (e) of 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.
Pub. L. 89–272, § 103(3)1965—Subsec. (a)(5). , added par. (5).
Pub. L. 89–272, § 103(4)Subsecs. (d), (e). , added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Pub. L. 95–95section 406(d) of Pub. L. 95–95section 7401 of this titleAmendment by effective , except as otherwise expressly provided, see , set out as a note under .
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66section 1113 of Title 31For 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 , as amended, set out as a note under , 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
Pub. L. 95–95Pub. L. 95–95section 406(b) of Pub. L. 95–95section 7401 of this titleAll 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 [] to continue in full force and effect until modified or rescinded in accordance with act , as amended by [this chapter], see , set out as an Effective Date of 1977 Amendment note under .
Termination of Advisory Committees
section 1013 of Title 5Advisory 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 , Government Organization and Employees.
Pilot Design Programs
Pub. L. 106–246, div. B, title II, § 2603114 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, § 405104 Stat. 2632
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
Consultation With and Transmission of Reports and Studies to Congressional Committee
Pub. L. 95–95, title I, § 101(c)91 Stat. 687
Study of Substances Discharged From Exhausts of Motor Vehicles
Pub. L. 86–49374 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.