42 U.S.C. § 7415 | International air pollution

(a)

Endangerment of public health or welfare in foreign countries from pollution emitted in United States

Whenever the Administrator, upon receipt of reports, surveys or studies from any duly constituted international agency has reason to believe that any air pollutant or pollutants emitted in the United States cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country or whenever the Secretary of State requests him to do so with respect to such pollution which the Secretary of State alleges is of such a nature, the Administrator shall give formal notification thereof to the Governor of the State in which such emissions originate.

(b)

Prevention or elimination of endangerment

section 7410(a)(2)(H)(ii) of this titleThe notice of the Administrator shall be deemed to be a finding under which requires a plan revision with respect to so much of the applicable implementation plan as is inadequate to prevent or eliminate the endangerment referred to in subsection (a). Any foreign country so affected by such emission of pollutant or pollutants shall be invited to appear at any public hearing associated with any revision of the appropriate portion of the applicable implementation plan.

(c)

Reciprocity

This section shall apply only to a foreign country which the Administrator determines has given the United States essentially the same rights with respect to the prevention or control of air pollution occurring in that country as is given that country by this section.

(d)

Recommendations

August 7, 1977section 7409 of this titleRecommendations issued following any abatement conference conducted prior to , shall remain in effect with respect to any pollutant for which no national ambient air quality standard has been established under unless the Administrator, after consultation with all agencies which were party to the conference, rescinds any such recommendation on grounds of obsolescence.

July 14, 1955, ch. 360 Pub. L. 88–206, § 1Dec. 17, 196377 Stat. 396 Pub. L. 89–272, title IOct. 20, 196579 Stat. 992 Pub. L. 90–148, § 2Nov. 21, 196781 Stat. 491 Pub. L. 91–604Dec. 31, 197084 Stat. 1678 Pub. L. 95–95, title I, § 114Aug. 7, 197791 Stat. 710(, title I, § 115, formerly § 5, as added , , ; renumbered § 105 and amended , §§ 101(2), (3), 102, , , 995, renumbered § 108 and amended , , , renumbered § 115 and amended , §§ 4(a), (b)(2)–(10), 15(c)(2), , , 1688, 1689, 1713; , , .)

Editorial Notes

Codification

section 1857d of this titleSection was formerly classified to .

Amendments

Pub. L. 95–951977— completely revised section by substituting provisions establishing a mechanism for the Administrator to trigger a revision of a State implementation plan under section 7410(a)(2)(H) upon a petition of an international agency or the Secretary of State if he finds that emissions originating in a State endanger the health or welfare of persons in a foreign country for provisions calling for the abatement of air pollution by means of conference procedures.

Pub. L. 91–604, § 4(b)(2)1970—Subsec. (a). , inserted “and which is covered by subsection (b) or (c)” after “persons”.

Pub. L. 91–604Subsec. (b). , §§ 4(b)(3), (4), (5), 15(c)(2), redesignated former subsec. (d)(1)(A), (B), and (C) as (b)(1), (2), and (3), substituted “Administrator” for “Secretary” wherever appearing, and added subsec. (b)(4). Former subsec. (b), which related to the encouragement of municipal, State, and interstate action to abate air pollution, was struck out.

Pub. L. 91–604Subsec. (c). , §§ 4(b)(3), (6), 15(c)(2), redesignated former subsec. (d)(1)(D) as (c) and substituted “Administrator” for “Secretary” and “Secretary of Health, Education, and Welfare” wherever appearing and “subsection” for “subparagraph” wherever appearing. Former subsec. (c), which related to the procedure for the promulgation of State air quality standards, was struck out.

Pub. L. 91–604Subsec. (d). , §§ 4(b)(4), (6), (7), (8), 15(c)(2), redesignated former subsec. (d)(2) and (3) as (d)(1) and (2), in (d)(1) substituted “Administrator” for “Secretary” wherever appearing and “any conference under this section” for “such conference”, and in (d)(2) substituted “Administrator” for “Secretary”. Former subsec. (d)(1)(A), (B), and (C) were redesignated as (b)(1), (2), and (3), respectively, and subsec. (d)(1)(D) was redesignated as (c).

Pub. L. 91–604, § 15(c)(2)Subsec. (e). , substituted “Administrator” for “Secretary” wherever appearing.

Pub. L. 91–604, § 15(c)(2)Subsec. (f). , substituted “Administrator” for “Secretary” wherever appearing and “Environmental Protection Agency” for “Department of Health, Education, and Welfare”.

Pub. L. 91–604Subsec. (g). , §§ 4(b)(9), 15(c)(2), substituted “Administrator” for “Secretary” and “subsection (c)” for “subparagraph (D) of subsection (d)”.

Pub. L. 91–604, § 15(c)(2)Subsecs. (i), (j). , substituted “Administrator” for “Secretary” wherever appearing.

Pub. L. 91–604, § 4(b)(3)section 7411 of this title section 7412 of this titleSubsec. (k). , (10), substituted provisions relating to compliance with any requirement of an applicable implementation plan or with any standard prescribed under or , for provisions relating to the enjoining of imminent and substantial endangerment from pollution sources.

Pub. L. 90–1481967—Subsec. (b). substituted reference to subsec. (c), (h), or (k) of this section for reference to subsec. (g) of this section.

Pub. L. 90–148Subsecs. (c), (d). added subsec. (c), redesignated former subsec. (c) as (d), inserted in par. (2) provisions for the delivery prior to the conference of a Federal report to agencies and interested parties covering matters before the conference, raised from three weeks to thirty days the required notice of the conference, and inserted provisions for notice by newspapers, presentation of views on the Federal report, and transcript of proceedings. Former subsec. (d) redesignated (e).

Pub. L. 90–148Subsec. (e). redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f) and amended.

Pub. L. 90–148Subsec. (f). redesignated former subsec. (e) as (f) and inserted in par. (1) requirement that all interested parties be given a reasonable opportunity to present evidence to the hearing board. Former subsec. (f) redesignated (g) and amended.

Pub. L. 90–148Subsec. (g). redesignated former subsec. (f) as (g) and substituted reference to subsec. (d) of this section for reference to subsec. (c) of this section. Former subsec. (g) redesignated (h) and amended.

Pub. L. 90–148Subsec. (h). redesignated former subsec. (g) as (h) and substituted reference to subsec. (g) of this section for reference to subsec. (f) of this section. Former subsec. (h) redesignated (i) and amended.

Pub. L. 90–148Subsec. (i). redesignated former subsec. (h) as (i) and substituted reference to subsec. (f) of this section for reference to subsec. (e) of this section and raised the per diem maximum from $50 to $100. Former subsec. (i) redesignated (j).

Pub. L. 90–148Subsec. (j). redesignated former subsec. (i) as (j).

Pub. L. 90–148Subsec. (k). added subsec. (k).

Pub. L. 89–272, § 101(2)1965—Subsec. (b). , substituted “this title” for “this Act”, which for purposes of codification has been changed to “this subchapter”.

Pub. L. 89–272, § 102(a)Subsec. (c)(1)(D). , added subpar. (D).

Pub. L. 89–272, § 101(2)Subsec. (d)(3). , substituted “subchapter” for “chapter”.

Pub. L. 89–272, § 102(b)Subsec. (f)(1). , designated existing provisions as cl. (A) and added cl. (B).

Statutory Notes and Related Subsidiaries

Effective Date of 1977 Amendment

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

Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions

July 14, 1955Pub. L. 95–95Aug. 7, 1977July 14, 1955Pub. L. 95–95 section 406(b) of Pub. L. 95–95 section 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 .

United States-Canadian Negotiations on Air Quality

Pub. L. 95–426, title VI, § 612Oct. 7, 197892 Stat. 990

“(a)

The Congress finds that—

“(1)

the United States and Canada share a common environment along a 5,500 mile border;

“(2)

the United States and Canada are both becoming increasingly concerned about the effects of pollution, particularly that resulting from power generation facilities, since the facilities of each country affect the environment of the other;

“(3)

the United States and Canada have subscribed to international conventions; have joined in the environmental work of the United Nations, the Organization for Economic Cooperation and Development, and other international environmental forums; and have entered into and implemented effectively the provisions of the historic Boundary Waters Treaty of 1909; and

“(4)

the United States and Canada have a tradition of cooperative resolution of issues of mutual concern which is nowhere more evident than in the environmental area.

“(b)

It is the sense of the Congress that the President should make every effort to negotiate a cooperative agreement with the Government of Canada aimed at preserving the mutual airshed of the United States and Canada so as to protect and enhance air resources and insure the attainment and maintenance of air quality protective of public health and welfare.

“(c)

It is further the sense of the Congress that the President, through the Secretary of State working in concert with interested Federal agencies and the affected States, should take whatever diplomatic actions appear necessary to reduce or eliminate any undesirable impact upon the United States and Canada resulting from air pollution from any source.”

, , , provided that: