US Code

Public Law 119-83 (04/13/2026)

42 U.S.C. § 7422

Listing of certain unregulated pollutants

(a)

Radioactive pollutants, cadmium, arsenic, and polycyclic organic matter

1

1 See References in Text note below.
section 7411(b)(1)(A) of this titleNot later than one year after (two years for radioactive pollutants) and after notice and opportunity for public hearing, the Administrator shall review all available relevant information and determine whether or not emissions of radioactive pollutants (including source material, special nuclear material, and byproduct material), cadmium, arsenic and polycyclic organic matter into the ambient air will cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health. If the Administrator makes an affirmative determination with respect to any such substance, he shall simultaneously with such determination include such substance in the list published under section 7408(a)(1) or 7412(b)(1)(A)  of this title (in the case of a substance which, in the judgment of the Administrator, 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), or shall include each category of stationary sources emitting such substance in significant amounts in the list published under , or take any combination of such actions.

(b)

Revision authority

Nothing in subsection (a) shall be construed to affect the authority of the Administrator to revise any list referred to in subsection (a) with respect to any substance (whether or not enumerated in subsection (a)).

(c)

Consultation with Nuclear Regulatory Commission; interagency agreement; notice and hearing

(1)
2
2 So in original. The word “material” probably should precede the comma.
Before listing any source material, special nuclear,  or byproduct material (or component or derivative thereof) as provided in subsection (a), the Administrator shall consult with the Nuclear Regulatory Commission.
(2)
Not later than six months after listing any such material (or component or derivative thereof) the Administrator and the Nuclear Regulatory Commission shall enter into an interagency agreement with respect to those sources or facilities which are under the jurisdiction of the Commission. This agreement shall, to the maximum extent practicable consistent with this chapter, minimize duplication of effort and conserve administrative resources in the establishment, implementation, and enforcement of emission limitations, standards of performance, and other requirements and authorities (substantive and procedural) under this chapter respecting the emission of such material (or component or derivative thereof) from such sources or facilities.
(3)
In case of any standard or emission limitation promulgated by the Administrator, under this chapter or by any State (or the Administrator) under any applicable implementation plan under this chapter, if the Nuclear Regulatory Commission determines, after notice and opportunity for public hearing that the application of such standard or limitation to a source or facility within the jurisdiction of the Commission would endanger public health or safety, such standard or limitation shall not apply to such facilities or sources unless the President determines otherwise within ninety days from the date of such finding.

July 14, 1955, ch. 360 Pub. L. 95–95, title I, § 120(a)91 Stat. 720 (, title I, § 122, as added , , .)

Editorial Notes

References in Text

Pub. L. 101–549, title III, § 301104 Stat. 2531 Section 7412(b)(1), referred to in subsec. (a), was amended generally by , , , and, as so amended, no longer contains a subpar. (A).

Statutory Notes and Related Subsidiaries

Effective Date

section 406(d) of Pub. L. 95–95section 7401 of this titleSection effective , except as otherwise expressly provided, see , set out as an Effective Date of 1977 Amendment note under .

Study by Administrator of Environmental Protection Agency

Pub. L. 95–95, title I, § 120(b)91 Stat. 721 , , , directed Administrator of Environmental Protection Agency to conduct a study, in conjunction with other appropriate agencies, concerning effect on public health and welfare of sulfates, radioactive pollutants, cadmium, arsenic, and polycyclic organic matter which are present or may reasonably be anticipated to occur in the ambient air, such study to include a thorough investigation of how sulfates are formed and how to protect public health and welfare from the injurious effects, if any, of sulfates, cadmium, arsenic, and polycyclic organic matter.

Executive Documents

Transfer of Functions

94 Stat. 3585 section 5841 of this titleFor transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, , set out as a note under .