US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 7571

Establishment of standards

(a)

Study; proposed standards; hearings; issuance of regulations

(1)
Within 90 days after , the Administrator shall commence a study and investigation of emissions of air pollutants from aircraft in order to determine—
(A)
the extent to which such emissions affect air quality in air quality control regions throughout the United States, and
(B)
the technological feasibility of controlling such emissions.
(2)
(A)
The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare.
(B)
(i)
The Administrator shall consult with the Administrator of the Federal Aviation Administration on aircraft engine emission standards.
(ii)
The Administrator shall not change the aircraft engine emission standards if such change would significantly increase noise and adversely affect safety.
(3)
The Administrator shall hold public hearings with respect to such proposed standards. Such hearings shall, to the extent practicable, be held in air quality control regions which are most seriously affected by aircraft emissions. Within 90 days after the issuance of such proposed regulations, he shall issue such regulations with such modifications as he deems appropriate. Such regulations may be revised from time to time.
(b)

Effective date of regulations

Any regulation prescribed under this section (and any revision thereof) shall take effect after such period as the Administrator finds necessary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.

(c)

Regulations which create hazards to aircraft safety

Any regulations in effect under this section on , or proposed or promulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety. Any such finding shall include a reasonably specific statement of the basis upon which the finding was made.

July 14, 1955, ch. 360Pub. L. 91–604, § 11(a)(1)84 Stat. 1703Pub. L. 95–95, title II, § 22591 Stat. 769Pub. L. 104–264, title IV, § 406(b)110 Stat. 3257(, title II, § 231, as added , , ; amended , title IV, § 401(f), , , 791; , , .)

Editorial Notes

Codification

section 1857f–9 of this titleSection was formerly classified to .

Amendments

Pub. L. 104–2641996—Subsec. (a)(2). designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 95–95, § 401(f)1977—Subsec. (a)(2). , substituted “The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare” for “Within 180 days after commencing such study and investigation, the Administrator shall publish a report of such study and investigation and shall issue proposed emission standards applicable to emissions of any air pollutant from any class or classes of aircraft or aircraft engines which in his judgment cause or contribute to or are likely to cause or contribute to air pollution which endangers the public health or welfare”.

Pub. L. 95–95, § 225Subsec. (c). , substituted “Any regulations in effect under this section on , or proposed or promulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety” for “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” and inserted provision that findings include a reasonably specific statement of the basis upon which the finding was made.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–264section 3 of Pub. L. 104–264section 106 of Title 49Except as otherwise specifically provided, amendment by applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , see , set out as a note under , Transportation.

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 .

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 .

Study and Investigation of Uninstalled Aircraft Engines

Pub. L. 101–549, title II, § 233104 Stat. 2529

“(a)

Study .—

The Administrator of the Environmental Protection Agency and the Secretary of Transportation, in consultation with the Secretary of Defense, shall commence a study and investigation of the testing of uninstalled aircraft engines in enclosed test cells that shall address at a minimum the following issues and such other issues as they shall deem appropriate—
“(1)
whether technologies exist to control some or all emissions of oxides of nitrogen from test cells;
“(2)
the effectiveness of such technologies;
“(3)
the cost of implementing such technologies;
“(4)
whether such technologies affect the safety, design, structure, operation, or performance of aircraft engines;
“(5)
whether such technologies impair the effectiveness and accuracy of aircraft engine safety design, and performance tests conducted in test cells; and
“(6)
the impact of not controlling such oxides of nitrogen in the applicable nonattainment areas and on other sources, stationary and mobile, on oxides of nitrogen in such areas.
“(b)

Report, Authority To Regulate .—

Not later than 24 months after enactment of the Clean Air Act Amendments of 1990 [], the Administrator of the Environmental Protection Agency and the Secretary of Transportation shall submit to Congress a report of the study conducted under this section. Following the completion of such study, any of the States may adopt or enforce any standard for emissions of oxides of nitrogen from test cells only after issuing a public notice stating whether such standards are in accordance with the findings of the study.”
, , , provided that: