Public Law 91–604

Section 103 of the Clean Air Act (42 U.S.C. 1857, et

81 Stat. 486.

42 USC 1857b.

seq.) is amended by adding at the end thereof the following new subsection:

“(f)“(f)

(1)(1)

In carrying out research pursuant to this Act, the Administrator shall give special emphasis to research on the short- and long-term effects of air pollutants on public health and welfare. In the furtherance of such research, he shall conduct an accelerated research program—

“(A)“(A)

to improve knowledge of the contribution of air pollutants to the occurrence of adverse effects on health, including, but not limited to, behavioral, physiological, toxicological, and biochemical effects; and

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“(B)“(B)

to improve knowledge of the short- and long-term effects of air pollutants on welfare.

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“(2)“(2)

In carrying out the provisions of this subsection the Administrator may—

“(A)“(A)

conduct epidemiological studies of the effects of air pollutants on mortality and morbidity;

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“(B)“(B)

conduct clinical and laboratory studies on the immunologic, biochemical, physiological, and the toxicological effects including carcinogenic, teratogenic, and mutagenic effects of air pollutants;

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“(C)“(C)

utilize, on a reimbursable basis, the facilities of existing Federal scientific laboratories and research centers;

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“(D)“(D)

utilize the authority contained in paragraphs (1) through (4) of subsection (b); and

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“(E)“(E)

consult with other appropriate Federal agencies to assure that research or studies conducted pursuant to this subsection will be coordinated “with research and studies of such other Federal agencies.

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“(3)“(3)

In entering into contracts under this subsection, the Administrator is authorized to contract for a term not to exceed 10 years in

Appropriation.

duration. For the purposes of this paragraph, there are authorized to be appropriated $15,000,000. Such amounts as are appropriated shall remain available until expended and shall be in addition to any other appropriations under this Act.”

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Section 104(a) (1) of the Clean Air Act is amended to read as follows:

“(1)“(1)

conduct and accelerate research programs directed toward development of improved, low-cost techniques for—

“(A)“(A)

control of combustion byproducts of fuels,

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“(B)“(B)

removal of potential air pollutants from fuels prior to combustion,

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“(C)“(C)

control of emissions from the evaporation of fuels,

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“(D)“(D)

improving the efficiency of fuels combustion so as to decrease atmospheric emissions, and

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“(E)“(E)

producing synthetic or new fuels which, when used, result in decreased atmospheric emissions.”

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Section 104(a) (2) of the Clean Air Act is amended by striking

81 Stat. 487.

42 USC 1857b–1.

and (B)” and inserting in lieu thereof the following: “(B) part of the cost of programs to develop low emission alternatives to the present internal combustion engine; (C) the cost to purchase vehicles and vehicle engines, or portions thereof, for research, development, and testing purposes; and (D)”.

Section 105(a) (1) of the Clean Air Act is amended to

42 USC 1857c.

read as follows:

“Sec. 105. “grants for support of air pollution planning and control programs

(a)(a)

(1)(1)

(A)(A)

The Administrator may make grants to air pollution control agencies in an amount up to two-thirds of the cost of planning, developing, establishing, or improving, and up to one-half of the cost of maintaining, programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards.

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“(B)“(B)

Subject to subparagraph (C), the Administrator may make grants to air pollution control agencies within the meaning of paragraph (1), (2), or (4) of section 302(b) in an amount up to

42 USC 1857h.

three-fourths of the cost of planning, developing, establishing, or improving, and up to three-fifths of the cost of maintaining, any program for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards in an area that includes two or more municipalities, whether in the same or different States.

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“(C)“(C)

With respect to any air quality control region or portion thereof for which there is an applicable implementation plan under section 110, grants under subparagraph (B) may be made only to air pollution control agencies which have substantial responsibilities for carrying out such applicable implementation plan.”

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Section 106 of the Clean Air Act is amended to read as follows:

42 USC 1857c–1.

“Sec. 106. “interstate air quality agencies or commissions

For the purpose of developing implementation plans for any interstate air quality control region designated pursuant to section 107, the Administrator is authorized to pay, for two years, up to 100

Post, p. 1678.

per centum of the air quality planning program costs of any agency designated by the Governors of the affected States, which agency shall be capable of recommending to the Governors plans for implementation of national primary and secondary ambient air quality standards and shall include representation from the States and appropriate political subdivisions within the air quality control region. After the initial two-year period the Administrator is authorized to make grants to such agency in an amount up to three-fourths of the air quality planning program costs of such agency.”

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The Clean Air Act is amended by striking out section 107; by redesignating sections 108, 109, 110, and 111 as 115, 116, 117, and 118, respectively; and by inserting after section 106 the following new sections:

“Sec. 107. “air quality control regions

(a)(a)

Each State shall have the primary responsibility for assuring air quality within the entire geographic area comprising such State by submitting an implementation plan for such State which will specify the manner in which national primary and secondary ambient air quality standards will be achieved and maintained within each air quality control region in such State.

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“(b)“(b)

For purposes of developing and carrying out implementation

Post, p. 1680.

plans under section 110—

“(1)“(1)

an air quality control region designated under this section before the date of enactment of the Clean Air Amendments of 1970, or a region designated after such date under subsection (c), shall be an air quality control region; and

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“(2)“(2)

the portion of such State which is not part of any such designated region shall be an air quality control region, but such portion may be subdivided by the State into two or more air quality control regions with the approval of the Administrator.

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“(c)“(c)

The Administrator shall, within 90 days after the date of enactment of the Clean Air Amendments of 1970, after consultation with appropriate State and local authorities, designate as an air quality control region any interstate area or major intrastate area which he deems necessary or appropriate for the attainment and maintenance of ambient air quality standards. The Administrator shall immediately notify the Governors of the affected States of any designation made under this subsection.

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“Sec. 108. “air quality criteria and control techniques

(a)(a)

(1)(1)

For the purpose of establishing national primary and secondary ambient air quality standards, the Administrator shall within 30 days after the date of enactment of the Clean Air Amendments of 1970 publish, and shall from time to time thereafter revise, a list which includes each air pollutant—

“(A)“(A)

which in his judgment has an adverse effect on public health or welfare;

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“(B)“(B)

the presence of which in the ambient air results from numerous or diverse mobile or stationary sources; and

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“(C)“(C)

for which air quality criteria had not been issued before the date of enactment, of the Clean Air Amendments of 1970, but for which he plans to issue air quality criteria under this section.

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“(2)“(2)

The Administrator shall issue air quality criteria for an air pollutant within 12 months after he has included such pollutant in a list under paragraph (1). Air quality criteria for an air pollutant shall accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambient air, in varying quantities. The criteria for an air pollutant, to the extent practicable, shall include information on—

“(A)“(A)

those variable factors (including atmospheric conditions) which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;

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“(B)“(B)

the types of air pollutants which, when present in the atmosphere, may interact with such pollutant to produce an adverse effect on public health or welfare; and

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“(C)“(C)

any known or anticipated adverse effects on welfare.

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“(b)“(b)

(1)(1)

Simultaneously with the issuance of criteria under subsection (a), the Administrator shall, after consultation with appropriate advisory committees and Federal departments and agencies, issue to the States and appropriate air pollution control agencies information on air pollution control techniques, which information shall include data relating to the technology and costs of emission control. Such information shall include such data as are available on available technology and alternative methods of prevention and control of air pollution. Such information shall also include data on alternative fuels, processes, and operating methods which will result in elimination or significant reduction of emissions.

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“(2)“(2)

In order to assist in the development of information on pollution

Standing consulting committees, establishment.

control techniques, the Administrator may establish a standing consulting committee for each air pollutant included in a list published pursuant to subsection (a)(1), which shall be comprised of technically qualified individuals representative of State and local governments, industry, and the academic community. Each such committee shall submit, as appropriate, to the Administrator information related to that required by paragraph (1).

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“(c)“(c)

The Administrator shall from time to time review, and, as appropriate, modify, and reissue any criteria or information on control techniques issued pursuant to this section.

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“(d)“(d)

The issuance of air quality criteria and information on air

Publication in Federal Register.

pollution control techniques shall be announced in the Federal Register and copies shall be made available to the general public.

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“Sec. 109. “national ambient air quality standards

(a)(a)

(1)(1)

The Administrator—

“(A)“(A)

within 30 days after the date of enactment of the Glean Air Amendments of 1970, shall publish proposed regulations prescribing a national primary ambient air quality standard and a national secondary ambient air quality standard for each air pollutant for which air quality criteria have been issued prior to such date of enactment; and

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“(B)“(B)

after a reasonable time for interested persons to submit written comments thereon (but no later than 90 days after the initial publication of such proposed standards) shall by regulation promulgate such proposed national primary and secondary ambient air quality standards with such modifications as he deems appropriate.

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“(2)“(2)

With respect to any air pollutant for which air quality criteria are issued after the date of enactment of the Clean Air Amendments of 1970, the Administrator shall publish, simultaneously with the issuance of such criteria and information, proposed national primary and secondary ambient air quality standards for any such pollutant. The procedure provided for in paragraph (1) (B) of this subsection shall apply to the promulgation of such standards.

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“(b)“(b)

(1)(1)

National primary ambient air quality standards, prescribed under subsection (a) shall be ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are requisite to protect the public health. Such primary’ standards may be revised in the same manner as promulgated.

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“(2)“(2)

Any national secondary ambient air quality standard prescribed under subsection (a) shall specify a level of air quality the attainment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air. Such secondary standards may be revised in the same manner as promulgated.

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“Sec. 110. “implementation plans

(a)(a)

(1)(1)

Each State shall, after reasonable notice and public hearings, adopt, and submit to the Administrator, within nine months after the promulgation of a national primary ambient air

Ante, p. 1679.

quality standard (or any revision thereof) under section 109 for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt, and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within nine months after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph.

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“(2)“(2)

The Administrator shall, within four months after the date required for submission of a plan under paragraph (1), approve or disapprove such plan or each portion thereof. The Administrator shall approve such plan, or any portion thereof, if he determines that it was adopted after reasonable notice and hearing and that—

“(A)“(A)

(i)(i)

in the case of a plan implementing a national primary ambient air quality standard, it provides for the attainment of such primary standard as expeditiously as practicable but (subject to subsection (e)) in no case later than three years from the date of approval of such plan (or any revision thereof to take account of a revised primary standard); and (ii) in the case of a plan implementing a national secondary ambient air quality standard, it specifies a reasonable time at which such secondary standard will be attained;

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“(B)“(B)

it includes emission limitations, schedules, and timetables for compliance with such limitations, and such other measures as may be necessary to insure attainment and maintenance of such primary or secondary standard, including, but not limited to, land-use and transportation controls;

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“(C)“(C)

it includes provision for establishment and operation of appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on ambient air quality and, (ii) upon request, make such data available to the Administrator;

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“(D)“(D)

it includes a procedure, meeting the requirements of paragraph (4), for review (prior to construction or modification) of the location of new sources to which a standard of performance will apply;

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“(E)“(E)

it contains adequate provisions for intergovernmental cooperation, including measures necessary to insure that emissions of air pollutants from sources located in any air quality control region will not interfere with the attainment or maintenance of such primary or secondary standard in any portion of such region outside of such State or in any other air quality control region;

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“(F)“(F)

it provides (i) necessary assurances that the State will have adequate personnel, funding, and authority to carry out such implementation plan, (ii) requirements for installation of equipment by owners or operators of stationary sources to monitor emissions from such sources, (iii) for periodic reports on the nature and amounts of such emissions; (iv) that such reports shall be correlated by the State agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection; and (v) for authority comparable to that in section 303, and adequate contingency plans to implement such authority;

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“(G)“(G)

it provides, to the extent necessary and practicable, for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards; and

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“(H)“(H)

it provides for revision, after public hearings, of such plan (i) from time to time as may be necessary to take account of revisions of such national primary or secondary’ ambient air quality standard or the availability of improved or more expeditious methods of achieving such primary or secondary standard; or (ii) whenever the Administrator finds on the basis of information available to him that the plan is substantially inadequate to achieve the national ambient air quality primary or secondary standard which it implements.

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“(3)“(3)

The Administrator shall approve any revision of an implementation plan applicable to an air quality control region if he determines that it meets the requirements of paragraph (2) and has been adopted by the State after reasonable notice and public hearings.

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“(4)“(4)

The procedure referred to in paragraph (2) (D) for review, prior to construction or modification, of the location of new sources shall (A) provide for adequate authority to prevent the construction or modification of any new source to which a standard of performance under section 111 will apply at any location which the State determines will prevent the attainment or maintenance within any air quality control region (or portion thereof) within such State of a national ambient air quality primary or secondary standard, and (B) require that prior to commencing construction or modification of any such source, the owner or operator thereof shall submit to such State such information as may be necessary to permit the State to make a determination under clause (A).

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“(b)“(b)

The Administrator may, wherever he determines necessary,

Extension.

extend the period for submission of any plan or portion thereof which implements a national secondary ambient air quality standard for a period not to exceed 18 months from the date otherwise required for submission of such plan.

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“(c)“(c)

The Administrator shall, after consideration of any State

Proposed regulations, publication.

hearing record, promptly prepare and publish proposed regulations setting forth an implementation plan, or portion thereof, for a State if—

“(1)“(1)

the State fails to submit an implementation plan for any national ambient air quality primary or secondary standard within the time prescribed,

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“(2)“(2)

the plan, or any portion thereof, submitted for such State is determined by the Administrator not to be in accordance with the requirements of this section, or

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“(3)“(3)

the State fails, within 60 days after notification by the Administrator or such longer period as he may prescribe, to revise an implementation plan as required pursuant to a provision of its plan referred to in subsection (a)(2)(H).

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Hearings.

If such State held no public hearing associated with respect to such plan (or revision thereof), the Administrator shall provide opportunity for such hearing within such State on any proposed regulation. The Administrator shall, within six months after the date required for submission of such plan (or revision thereof), promulgate any such regulations unless, prior to such promulgation, such State has adopted and submitted a plan (or revision) which the Administrator determines to be in accordance with the requirements of this section.

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“(d)“(d)

For purposes of this Act, an applicable implementation plan is the implementation plan, or most recent revision thereof, which has been approved under subsection (a) or promulgated under subsection (c) and which implements a national primary or secondary ambient air quality standard in a State.

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“(e)“(e)

(1)(1)

Upon application of a Governor of a State at the time of submission of any plan implementing a national ambient air quality primary standard, the Administrator may (subject to paragraph (2)) extend the three-year period referred to in subsection (a)(2) (A) (i) for not more than two years for an air quality control region if after review of such plan the Administrator determines that—

“(A)“(A)

one or more emission sources (or classes of moving sources) are unable to comply with the requirements of such plan which implement such primary standard because the necessary technology or other alternatives are not available or will not be available soon enough to permit compliance within such three-year period, and

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“(B)“(B)

the State has considered and applied as a part of its plan reasonably available alternative means of attaining such primary standard and has justifiably concluded that attainment of such primary standard within the three years cannot be achieved.

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“(2)“(2)

The Administrator may grant an extension under paragraph (1) only if he determines that the State plan provides for—

“(A)“(A)

application of the requirements or the plan which implement such primary standard to all emission sources in such region other than the sources (or classes) described in paragraph (1) (A) within the three-year period, and

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“(B)“(B)

such interim measures of control of the sources (or classes) described in paragraph (1) (A) as the Administrator determines to be reasonable under the circumstances.

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“(f)“(f)

(1)(1)

Prior to the date on which any stationary source or class of moving sources is required to comply with any requirement of an applicable implementation plan the Governor of the State to which such plan applies may apply to the Administrator to postpone the applicability’ of such requirement to such source (or class) for not more than one year. If the Administrator determines that—

“(A)“(A)

good faith efforts have been made to comply with such requirement before such date,

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“(B)“(B)

such source (or class) is unable to comply with such requirement because the necessary technology or other alternative methods of control are not available or have not been available for a sufficient period of time,

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“(C)“(C)

any available alternative operating procedures and interim control measures have reduced or will reduce the impact of such source on public health, and

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“(D)“(D)

the continued operation of such source is essential to national security or to the public health or welfare,

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then the Administrator shall grant a postponement of such requirement.

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“(2)“(2)

(A)(A)

Any determination under paragraph (1) shall (i) be

Notice, hearing.

made on the record after notice to interested persons and opportunity for hearing, (ii) be based upon a fair evaluation of the entire record at such hearing, and (iii) include a statement setting forth in detail the findings and conclusions upon which the determination is based.

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“(B)“(B)

Any determination made pursuant to this paragraph shall

Judicial review.

be subject to judicial review by the United States court of appeals for the circuit which includes such State upon the filing in such court, within 30 days from the date of such decision of a petition by any interested person praying that the decision be modified or set aside in whole or in part. A copy of the petition shall forthwith be sent by registered or certified mail to the Administrator and thereupon the Administrator shall certify and file in such court the record upon which the final decision complained of was issued, as provided in section 2112 of title 28, Linked States Code. Upon the filing of such petition

72 Stat. 941; 80 Stat. 1323.

the court shall have jurisdiction to affirm or set aside the determination complained of in whole or in part. The findings of the Administrator with respect to questions of fact (including each determination made under subparagraphs (A), (B), (C), and (D) of paragraph (1)) shall be sustained if based upon a fair evaluation of the entire record at such hearing.

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“(C)“(C)

Proceedings before, the court, under this paragraph shall take precedence over all the other causes of action on the docket and shall be assigned for hearing and decision at the earliest practicable date and expedited in every way.

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“(D)“(D)

Section 307(a) (relating to subpenas) shall be applicable to

Post, p. 1707.

any proceeding under this subsection.

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“Sec. 111. “standards of performance for new stationary sources

(a)(a)

For purposes of this section:

Definitions.

“(1)“(1)

The term ‘standard of performance’ means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction) the Administrator determines has been adequately demonstrated.

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“(2)“(2)

The term ‘new source” means any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source.

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“(3)“(3)

The term ‘stationary source’ means any building, structure, facility, or installation which emits or may emit any air pollutant.

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“(4)“(4)

The term ‘modification’ means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted,

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“(5)“(5)

The term ‘owner or operator’ means any person who owns, leases, operates, controls, or supervises a stationary source.

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“(6)“(6)

The term ‘existing source’ means any stationary source other than a new source.

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“(b)“(b)

(1)(1)

(A)(A)

The Administrator shall, within 90 days after the date of enactment of the Clean Air Amendments of 1970, publish (and from time to time thereafter shall revise) a list of categories of stationary sources. He shall include a category of sources in such list if he determines it may contribute significantly to air pollution which causes or contributes to the endangerment of public health or welfare.

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“(B)“(B)

Within 120 days after the inclusion of a category of stationary sources in a list under subparagraph (A), the Administrator shall propose regulations, establishing Federal standards of performance for new sources within such category. The Administrator shall afford interested persons an opportunity for written comment on such proposed regulations. After considering such comments, he shall promulgate, within 90 days after such publication, such standards with such modifications as he deems appropriate. The Administrator may, from time to time, revise such standards following the procedure required by this subsection for promulgation of such standards. Standards of performance or revisions thereof shall become effective upon promulgation.

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“(2)“(2)

The Administrator may distinguish among classes, types, and sizes within categories of new sources for the purpose of establishing such standards.

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“(3)“(3)

The Administrator shall, from time to time, issue information on pollution control techniques for categories of new sources and air pollutants subject to the provisions of this section.

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“(4)“(4)

The provisions of this section shall apply to any new source owned or operated by the United States.

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“(c)“(c)

(1)(1)

Each State may develop and submit to the Administrator a procedure for implementing and enforcing standards of performance for new sources located in such State. If the Administrator finds the State procedure is adequate, he shall delegate to such State any authority he has under this Act to implement and enforce such standards (except with respect to now sources owned or operated by the United States).

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“(2)“(2)

Nothing in this subsection shall prohibit the Administrator from enforcing any applicable standard of performance under this section.

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“(d)“(d)

(1)(1)

The Administrator shall prescribe regulations which shall establish a procedure similar to that provided by section 110 under which each State shall submit to the Administrator a plan which (A) establishes emission standards for any existing source for any air pollutant (i) for which air quality criteria have not been issued or which is not included on a list published under section 108(a) or 112

Ante, p. 1678; Post, p. 1685.

(b) (1) (A) but (ii) to which a standard of performance under subsection (b) would apply if such existing source were a new source, and (B) provides for the implementation and enforcement of such emission standards.

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“(2)“(2)

The Administrator shall have the same authority—

“(A)“(A)

to prescribe a plan for a State in cases where the State fails to submit a satisfactory plan as he would have under section 110(c) in the case of failure to submit an implementation plan, and

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“(B)“(B)

to enforce the provisions of such plan in cases where the State fails to enforce them as he would have under sections 113

Post, p. 1686.

and 114 with respect to an implementation plan.

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“(e)“(e)

After the effective date of standards of performance promulgated under this section, it shall be mil awful for any owner or operator of any new source to operate such source in violation of any standard of performance, applicable to such source.

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“Sec. 112. “national emission standards for hazardous air pollutants

(a)(a)

For purposes of this section—

Definitions.

“(1)“(1)

The term ‘hazardous air pollutant’ means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the Administrator may cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

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“(2)“(2)

The term ‘new source’ means a stationary source the construction or modification of which is commenced after the Administrator proposes regulations under this section establishing an emission standard which will be applicable to such source.

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“(3)“(3)

The terms ‘stationary source’, ‘modification’, ‘owner or operator’ and ‘existing source’ shall have the same meaning as such terms have under section 111(a).

Ante, p. 1683.

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“(b)“(b)

(1)(1)

(A)(A)

The Administrator shall, within 90 days after the date

List, publication.

of enactment of the Clean Air Amendments of 1970, publish (and shall from time to time thereafter revise) a list which includes each hazardous air pollutant for which he intends to establish an emission standard under this section.

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“(B)“(B)

Within 180 days after the inclusion of any air pollutant in

Proposed regulations; hearing.

such list, the Administrator shall publish proposed regulations establishing emission standards for such pollutant together with a notice of a public hearing within thirty days. Not later than 180 days after such publication, the Administrator shall prescribe an emission standard for such pollutant, unless he finds, on the basis of information presented at such hearings, that such pollutant clearly is not a hazardous air pollutant. The Administrator shall establish any such standard at the level which in his judgment provides an ample margin of safety to protect the public health from such hazardous air pollutant.

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“(C)“(C)

Any emission standard established pursuant to this section shall become effective upon promulgation.

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“(2)“(2)

The Administrator shall, from time to time, issue information on pollution control techniques for air pollutants subject to the provisions of this section.

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“(c)“(c)

(1)(1)

After the effective date of any emission standard under this section—

“(A)“(A)

no person may construct any new source or modify any existing source which, in the Administrator’s judgment, will emit an air pollutant to which such standard applies unless the Administrator finds that such source if properly operated will not cause emissions in violation of such standard, and

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“(B)“(B)

no air pollutant to which such standard applies may be emitted from any stationary source in violation of such standard, except that in the case of an existing source—

“(i)“(i)

such standard shall not apply until 90 days after its effective date, and

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“(ii)“(ii)

the Administrator may grant a waiver permitting such source a period of up to two years after the effective date of a standard to comply with the standard, if he finds that such period is necessary for the installation of controls and that steps will be taken during the period of the waiver to assure that the health of persons will be protected from imminent endangerment.

Presidential exemption.

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“(2)“(2)

The President may exempt any stationary source from compliance with paragraph (I) for a period of not more than two years if he finds that the technology to implement such standards is not available and the operation of such source is required for reasons of national security. An exemption under this paragraph may be extended

Extension.

for one or more additional periods, each period not to exceed two years.

Report to Congress.

The President shall make a report to Congress with respect to each exemption (or extension thereof) made under this paragraph.

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“(d)“(d)

(1)(1)

Each State may develop and submit to the Administrator a procedure for implementing and enforcing emission standards for hazardous air pollutants for stationary sources located in such State. If the Administrator finds the State procedure is adequate, he shall delegate to such State any authority he has under this Act to implement and enforce such standards (except with respect to stationary sources owned or operated by the United States).

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“(2)“(2)

Nothing in this subsection shall prohibit the Administrator from enforcing any applicable emission standard under this section.

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“Sec. 113. “federal enforcement

(a)(a)

(1)(1)

Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of any requirement of an applicable implementation plan, the Administrator shall notify the person in violation of the plan and the State

Compliance order.

in which the plan applies of such finding. If such violation extends beyond the 30th day after the date of the Administrators notification, the Administrator may issue an order requiring such person to comply with the requirements of such plan or he may bring a civil action in accordance with subsection (b).

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“(2)“(2)

Whenever, on the basis of information available to him, the Administrator finds that violations of an applicable implementation plan are so widespread that such violations appear to result from a failure of the State in which the plan applies to enforce the plan effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the 30th day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will enforce such plan (hereafter referred to in this section as ‘period of federally assigned enforcement’), the Administrator may enforce any requirement of such plan with respect to any person—

“(A)“(A)

by issuing an order to comply with such requirement, or

#

“(B)“(B)

by bringing a civil action under subsection (b).

#

#

“(3)“(3)

Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of section 111

Ante, pp. 1684 1685.

(e) (relating to new source performance standards) or 112(c) (relating to standards for hazardous emissions), or is in violation of any

Post, p. 1687.

requirement of section 114 (relating to inspections, etc.), he may issue an order requiring such person to comply with such section or requirement, or he may bring a civil action in accordance with subsection (b).

#

“(4)“(4)

An order issued under this subsection (other than an order relating to a violation of section 112) shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged violation. A copy of any order issued under this subsection shall be sent to the State air pollution control agency of any State in which the violation occurs. Any order issued under this subsection shall state with reasonable specificity the nature of the violation, specify a time for compliance which the Administrator determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. In any case in which an order under this subsection (or notice to a violator under paragraph (1)) is issued to a corporation, a copy of such order (or notice) shall be issued to appropriate corporate officers.

#

#

“(b)“(b)

The Administrator may commence a civil action for appropriate relief, including a permanent or temporary injunction, whenever any person—

“(1)“(1)

violates or fails or refuses to comply with any order issued under subsection (a); or

#

“(2)“(2)

violates any requirement of an applicable implementation plan during any period of Federally assumed enforcement more than 30 days after having been notified by the Administrator under subsection (a) (1) of a finding that such person is violating such requirement; or

#

“(3)“(3)

violates section 111(e) or 112(c); or

Ante, pp. 1683, 1685.

#

“(4)“(4)

fails or refuses to comply with any requirement of section 114.

Infra.

#

Any action under this subsection may be brought in the district court

Notice; U.S, district court.

of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such action shall be given to the appropriate State air pollution control agency.

#

“(c)“(c)

(1)(1)

Any person who knowingly—

Penalty.

“(A)“(A)

violates any requirement of an applicable implementation plan during any period of Federally assumed enforcement more than 30 days after having been notified by the Administrator under subsection (a) (1) that such person is violating such requirement, or

#

“(B)“(B)

violates or fails or refuses to comply with any order issued by the Administrator under subsection (a), or

#

“(C)“(C)

violates section 111(e) or section 112(c).

#

shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after the first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.

#

“(2)“(2)

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document, filed or required to be maintained under this Act or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both.

#

#

#

“Sec. 114. “inspections, monitoring, and entry

(a)(a)

For the purpose (i) of developing or assisting in the development of any implementation plan under section 110 or 111(d),

Ante, p. 1680.

any standard of performance under section 111, or any emission standard under section 112, (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan, or (iii) carrying out section 303—

Post, p. 1705.

“(1)“(1)

the Administrator may require the owner or operator of any emission source to (A) establish and maintain such records, (B) make such reports, (C) install, use, and maintain such monitoring equipment or methods, (D) sample such emissions (in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and (E) provide such other information as he may reasonably require; and

#

“(2)“(2)

the Administrator or his authorized representative, upon presentation of his credentials—

“(A)“(A)

shall have a right of entry to, upon, or through any premises in which an emission source is located or in which any records required to be maintained under paragraph (1) of this section are located, and

#

“(B)“(B)

may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under paragraph (1), and sample any emissions which the owner or operator of such source is required to sample under paragraph (1).

#

#

#

“(b)“(b)

(1)(1)

Each State may develop and submit to the Administrator a procedure for carrying out this section in such State. If the Administrator finds the State procedure, is adequate, he may delegate to such State any authority he has to carry out this section (except with respect to new sources owned or operated by the United States).

#

“(2)“(2)

Nothing in this subsection shall prohibit the Administrator from carrying out this section in a State.

#

#

“(c)“(c)

Any records, reports or information obtained under subsection (a) shall be. available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof, (other than emission data) to which the Administrator has access under this section if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United

62 Stat. 791.

States Code, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act.”

#

#

Section 115 of the Clean Air Act (as so redesignated by subsection (a) of this section) is amended as follows:

Section 116 of the Clean Air Act (as so redesignated by subsection

Ante, p. 1678.

(a) of this section) is amended to read as follows:

“Sec. 116. “retention of state authority

Except as otherwise provided in sections 209, 211(c)(4), and 233 (preempting certain State regulation of moving sources)

Post, pp. 1694, 1608, 1704.

nothing in this Act shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 111 or 112, such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation under such plan or section.”

#

The Clean Air Act is amended by adding at the end of section 117 (as so redesignated by subsection (a) of this section) the following

Ante, p. 1678.

new subsection:

“(f)“(f)

Prior to—

“(1)“(1)

issuing criteria for an air pollutant under section 103(a) (2),

#

“(2)“(2)

publishing any list under section 111(b)(1)(A) or 112(b)(1)(A),

#

“(3)“(3)

publishing any standard under section 111(b) (1) (B) or section 112(b) (1) (B), or

#

“(4)“(4)

publishing any regulation under section 202(a),

Post, p. 1690.

#

the Administrator shall, to the maximum extent practicable within the time provided, consult with appropriate advisory committees, independent experts, and Federal departments and agencies.”

#

Section 202 of the Clean Air Act is amended to read as follows:

“Sec. 202. “establishment of standards

(a)(a)

Except as otherwise provided in subsection (b)—

“(1)“(1)

The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the previsions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment causes or contributes to, or is likely to cause, or to contribute to, air pollution which endangers the public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under subsection (d)), whether such vehicles and engines are designed as complete systems or incorporated devices to prevent or control such pollution.

#

“(2)“(2)

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

#

#

“(b)“(b)

(1)(1)

(A)(A)

The regulations under subsection (a) applicable to emissions of carbon monoxide and hydrocarbons from light duty vehicles and engines manufactured during or after model year 1975 shall contain standards which require a reduction of at least 90 per centum from emissions of carbon monoxide and hydrocarbons allowable under the standards under this section applicable to light duty vehicles and engines manufactured in model year 1970.

#

“(B)“(B)

The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light duty vehicles and engines manufactured during or after model year 1976 shall contain standards which require a reduction of at least 90 per centum from the average of emissions of oxides of nitrogen actually measured from light duty vehicles manufactured during model year 1971 which are not subject to any Federal or State emission standard for oxides of nitrogen. Such average of emissions shall be determined by the Administrator on the basis of measurements made by him.

#

#

“(2)“(2)

Emission standards under paragraph (1), and measurement techniques on which such standards are based (if not promulgated prior to the date of enactment of the Clean Air Amendments of 1970), shall be prescribed by regulation within 180 days after such date.

#

“(3)“(3)

For purposes of this part—

“(A)“(A)

(i)(i)

The term ‘model year’ with reference to any specific

“Model year.”

calendar year means the manufacturer’s annual production period (as determined by the Administrator) which includes January 1 of such calendar year. If the manufacturer has no annual production period, the term ‘model year’ shall mean the calendar year.

#

“(ii)“(ii)

For the purpose of assuring that vehicles and engines manufactured before the beginning of a model year were not manufactured for purposes of circumvent mg the effective date of a standard required to be prescribed by subsection (b), the Administrator may prescribe regulations defining ‘model year’ otherwise than as provided in clause (i).

#

#

“(B)“(B)

The term ‘light duty vehicles and engines’ means new

“Light duty vehicles and engines.”

light duty motor vehicles and new light duty motor vehicle engines, as determined under regulations of the Administrator.

#

#

“(4)“(4)

On July 1 of 1971, and of each year thereafter, the Administrator

Report to Congress.

shall report to the Congress with respect to the development of systems necessary to implement the emission standards established pursuant to this section. Such reports shall include information regarding the continuing effects of such air pollutants subject to standards under this section on the public health and welfare, the extent and progress of efforts being made to develop the necessary systems, the costs associated with development and application of such systems, and following such hearings as he may deem advisable, any recommendations for additional congressional action necessary to achieve the purposes of this Act, In gathering information for the purposes of this paragraph and in connection with any hearing, the provisions of section 307 (a) (relating to subpenas) shall apply.

Post, p. 1707.

#

“(5)“(5)

(A)(A)

At any time after January 1, 1972, any manufacturer

Standards, effective date suspension; application.

may file with the Administrator an application requesting the suspension for one year only of the effective date of any emission standard required by paragraph (1)(A) with respect to such manufacturer. The Administrator shall make his determination with respect to any such application within 60 days. If he determines, in accordance with the provisions of this subsection, that such suspension should be granted, he shall simultaneously with such determination prescribe by regulation interim emission standards which shall apply (in lieu of the standards required to be prescribed by paragraph (1) (A)) to emissions of carbon monoxide or hydrocarbons (or both) from such vehicles and engines manufactured during model year 1975.

#

“(B)“(B)

At any time after January 1, 1973, any manufacturer may file with the Administrator an application requesting the suspension for one year only of the effective date of any emission standard required by paragraph (1)(B) with respect to such manufacturer. The Administrator shall make his determination with respect to any such application within 60 days. If he determines, in accordance with the provisions of this subsection, that such suspension should be granted, he shall simultaneously with such determination prescribe by regulation interim emission standards which shall apply (in lieu of the standards required to be prescribed by paragraph (1) (B)) to emissions of oxides of nitrogen from such vehicles and engines manufactured during model year 1976.

#

“(C)“(C)

Any interim standards prescribed under this paragraph shall

Interim standards.

reflect the greatest degree of emission control which is achievable by application of technology which the Administrator determines is available, giving appropriate consideration to the cost of applying such technology within the period of time available to manufacturers.

#

“(D)“(D)

Within 60 days after receipt of the application for any such suspension, and after public hearing, the Administrator shall issue a decision granting or refusing such suspension. The Administrator shall grant such suspension only if he determines that (i) such suspension is essential to the public interest or the public health and welfare of the United States, (ii) all good faith efforts have been made to meet the standards established by this subsection, (iii) the applicant has established that effective control technology, processes, operating methods, or other alternatives are not available or have not been available for a sufficient period of time to achieve compliance prior to the effective date of such standards, and (iv) the study and investigation of the National Academy of Sciences conducted pursuant to subsection (c) and other information available to him has not indicated that technology, processes, or other alternatives are available to meet such standards.

#

“(E)“(E)

Nothing in this paragraph shall extend the effective date of any emission standard required to be prescribed under this subsection for more than one year.

#

#

#

“(c)“(c)

(1)(1)

The Administrator shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation of the technological feasibility of meeting the emissions standards required to be prescribed by the Administrator by subsection (b) of this section.

#

“(2)“(2)

Of the funds authorized to be appropriated to the Administrator by this Act, such amounts as are required shall be available to carry out the study and investigation authorized by paragraph (1) of this subsection.

#

“(3)“(3)

In entering into any arrangement with the National Academy of Sciences for conducting the study and investigation authorized by paragraph (1) of this subsection, the Administrator shall request the National Academy of Sciences to submit semiannual reports on the progress of its study and investigation to the Administrator and the Congress, beginning not later than July 1, 1971, and continuing until such study and investigation is completed.

#

“(4)“(4)

The Administrator shall furnish to such Academy at its request airy information which the Academy deems necessary for the purpose of’ conducting the investigation and study authorized by paragraph (1) of this subsection. For the purpose of furnishing such i information, the Administrator may use any authority he has under this Act (A) to obtain information from any person, and (B) to require such person to conduct such tests, keep such records, and make such reports respecting research or other activities conducted by such person as may be reasonably necessary to carry out this subsection.

#

#

“(d)“(d)

The Administrator shall prescribe regulations under which the useful life of vehicles and engines shall be determined for purposes

Post, p. 1696.

of subsection (a) (1) of this section and section 207. Such regulations shall provide that useful life shall—

“(1)“(1)

in the ease of light duty vehicles and light duty vehicle engines, be a period of use of five years or of fifty thousand miles (or the equivalent), whichever first occurs; and

#

“(2)“(2)

in the case of any other motor vehicle or motor vehicle engine, be a period of use set forth in paragraph (1) unless the Administrator determines that a period of use of greater duration or mileage is appropriate.

#

#

“(e)“(e)

In the event a new power source or propulsion system for new motor vehicles or new motor vehicle engines is submitted for certification

Post, p. 1694.

pursuant to section 206(a), the Administrator may postpone certification until he has prescribed standards for any air pollutants emitted by such vehicle or engine which cause or contribute to, or are likely to cause or contribute to, air pollution which endangers the public health or welfare but for which standards have not been prescribed under subsection (a).”

#

#

Section 204(a) of such Act is amended by striking out “or (3)” and inserting in lieu thereof “(3), or (4)”.

Section 205 of such Act is amended to read as follows:

“Sec. 205. “Penalties

Any person who violates paragraph (1), (2), (3), or (4)

Ante, p. 1693.

of section 203(a) shall be subject to a civil penalty of not more than $10,000. Any such violation with respect to paragraph (1), (2), or (4) of section 203(a) shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine.”

#

The Clean Air Act is amended by striking out sections

42 USC 1857f–5 to 1857f–7.

206 and 211; by redesignating sections 207, 208, 209, 210, and 212 as 208, 209, 210, 211, and 213, respectively; and by inserting after section 205 the following new sections:

“Sec. 206. “motor vehicle and motor vehicle engine compliance testing and certification

(a)(a)

(1)(1)

The Administrator shall test, or require to be tested in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by a manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under section 202 of this Act. If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period (not in excess of one year), as he may prescribe.

#

“(2)“(2)

The Administrator shall test any emission control system incorporated in a motor vehicle or motor vehicle engine submitted to him by any person, in order to determine whether such system enables such vehicle or engine to conform to the standards required to be prescribed under section 202(b) of this Act. If the Administrator finds on the basis of such tests that such vehicle or engine conforms to such standards, the Administrator shall issue a verification of compliance with emission standards for such system when incorporated in vehicles of a class of which the tested vehicle is representative. He shall inform manufacturers and the National Academy of Sciences, and make available to the public, the results of such tests. Tests under this paragraph shall be conducted under such terms and conditions (including requirements for preliminary testing by qualified independent laboratories) as the Administrator may prescribe by regulations.

#

#

“(b)“(b)

(1)(1)

In order to determine whether new motor vehicles or new motor vehicle engines being manufactured by a manufacturer do in fact conform with the regulations with respect to which the certificate of conformity was issued, the Administrator is authorized to test such vehicles or engines. Such tests may be conducted by the Administrator directly or, in accordance with conditions specified by the Administrator, by the manufacturer.

#

“(2)“(2)

(A)(A)

(i)(i)

If, based on tests conducted under paragraph (1) on a sample of new vehicles or engines covered by a certificate of conformity, the Administrator determines that nil or part of the vehicles or engines so covered do not conform with the regulations with respect to which the certificate of conformity was issued, he may suspend or revoke such certificate in whole or in part, and shall so notify the manufacturer. Such suspension or revocation shall apply in the case of any new motor vehicles or new motor vehicle engines manufactured after the date of such notification (or manufactured before such date if still in the hands of the manufacturer), and shall apply until such time as the Administrator finds that vehicles and engines manufactured by the manufacturer do conform to such regulations. If, during any period of suspension or revocation, the Administrator finds that a vehicle or engine actually conforms to such regulations, he shall issue a certificate of conformity applicable to such vehicle or engine.

#

“(ii)“(ii)

If, based on tests conducted under paragraph (1) on any new vehicle or engine, the Administrator determines that such vehicle or engine does not conform with such regulations, he may suspend or revoke such certificate insofar as it applies to such vehicle or engine until such time as he finds such vehicle or engine actually so conforms with such regulations, and he shall so notify the manufacturer.

#

#

“(B)“(B)

(i)(i)

At the request of any manufacturer the Administrator

Hearing.

shall grant such manufacturer a hearing as to whether the tests have been properly conducted or any sampling methods have been properly applied, and make a determination on the record with respect, to any suspension or revocation under subparagraph (A); but suspension or revocation under subparagraph (A) shall not be stayed by reason of such hearing.

#

“(ii)“(ii)

In any case of actual controversy as to the validity of any

Judicial review.

determination under clause (i), the manufacturer may at any time prior to the 60th day after such determination is made file a petition with the United States court of appeals for the circuit wherein such manufacturer resides or has his principal place of business for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator or other officer designated by him for that purpose. The Administrator thereupon shall file in the court the record of the proceedings on which the Administrator based his determination, as provided in section 2112 of title 28 of the United States Code.

72 Stat. 941.

#

“(iii)“(iii)

If the petitioner applies to the court for leave to adduce additional

Additional evidence.

evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.

#

“(iv)“(iv)

Upon the filing of the petition referred to in clause (ii), the court shall have jurisdiction to review the order in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief

80 Stat. 392.

5 USC 701.

as provided in such chapter.

#

#

#

#

“(c)“(c)

For purposes of enforcement of this section, officers or employees

Inspection.

duly designated by the Administrator, upon presenting appropriate credentials to the manufacturer or person in charge, are authorized (1) to enter, at reasonable times, any plant or other establishment of such manufacturer, for the purpose of conducting tests of vehicles or engines in the hands of the manufacturer, or (2) to inspect at reason aide times, records, files, papers, processes, controls, and facilities used by such manufacturer in conducting tests under regulations of the Administrator. Each such inspection shall be commenced and completed with reasonable promptness.

#

“(d)“(d)

The Administrator shall by regulation establish methods and procedures for making tests under this section.

#

“(e)“(e)

The Administrator shall announce in the Federal Register and make available to the public the results of his tests of any motor vehicle or motor vehicle engine submitted by a manufacturer under subsection (a) as promptly as possible after the enactment of the Clean Air Amendments of 1970 and at the beginning of each model year which begins thereafter. Such results shall be described in such nontechnical manner as will reasonably disclose to prospective ultimate purchasers of new motor vehicles and new motor vehicle engines the comparative performance of the vehicles and engines tested in meeting the standards

Ante, p. 1690.

prescribed under section 202 of this Act.

#

#

“Sec. 207. “compliance by vehicles and engines in actual use

(a)(a)

Effective with respect to vehicles and engines manufactured in model years beginning more than 60 days after the date of the enactment of the Clean Air Act Amendments of 1970, the manufacturer of each new motor vehicle and new motor vehicle engine shall warrant to the ultimate purchaser and each subsequent purchaser that such vehicle or engine is (1) designed, built, and equipped so as to conform at the time of sale with applicable regulations under section 202, and (2) free from defects in materials and workmanship which cause such vehicle or engine to fail to conform with applicable regulations for its useful life (as determined under section 202(d)).

#

“(b)“(b)

If the Administrator determines that (i) there are available testing methods and procedures to ascertain whether, when in actual use throughout its useful life (as determined under section 202 (d)), each vehicle and engine to which regulations under section 202 apply complies with the emission standards of such regulations, (ii) such methods and procedures are in accordance with good engineering practices, and (iii) such methods and procedures are reasonably capable

Ante, p. 1694.

of being correlated with tests conducted under section 206 (a) (1), then—

“(1)“(1)

he shall establish such methods and procedures by regulation, and

#

“(2)“(2)

at such time as he determines that inspection facilities or equipment are available for purposes of carrying out testing methods and procedures established under paragraph (1), he shall prescribe, regulations which shall require manufacturers to warrant the emission control device or system of each new motor vehicle or new motor vehicle engine to which a regulation under section 202 applies and which is manufactured in a model year beginning after the Administrator first prescribes warranty regulations under this paragraph (2). The warranty under such regulations shall run to the ultimate purchaser and each subsequent purchaser and shall provide that, if—

“(A)“(A)

the vehicle or engine is maintained and operated in accordance with instructions under subsection (c) (3),

#

“(B)“(B)

it fails to conform at any time during its useful life (as determined under section 202(d)) to the regulations prescribed under section 202, and

#

“(C)“(C)

such nonconformity results in the ultimate purchaser (or any subsequent purchaser) of such vehicle or engine having to bear any penalty or other sanction (including the denial of the right to use such vehicle or engine) under State or Federal law,

#

then such manufacturer shall remedy such nonconformity under such warranty with the cost thereof to be borne by the manufacturer.

#

#

“(c)“(c)

Effective with respect to vehicles and engines manufactured during model years beginning more than 60 days after the date of enactment of the Clean Air Amendments of 1970—

“(1)“(1)

If the Administrator determines that a substantial number of any class or category of vehicles or engines, although properly maintained and used, do not conform to the regulations prescribed under section 202, when in actual use throughout their

Ante, p. 1690.

useful life (as determined under section 202(d)), he shall immediately notify the manufacturer thereof of such nonconformity, and he shall require the manufacturer to submit a plan for remedying the nonconformity of the vehicles or engines with respect to which such notification is given. The plan shall provide that the nonconformity of any such vehicles or engines which are properly used and maintained will be remedied at the expense of the manufacturer. If the manufacturer disagrees with such determination of nonconformity and so advises the Administrator, the Administrator shall afford the manufacturer and other interested persons an opportunity to present their views and evidence in support thereof at a public hearing. Unless, as a result of such hearing the Administrator withdraws such determination of nonconformity, he shall, within 60 days after the completion of such bearing, order the manufacturer to provide prompt notification of such nonconformity in accordance with paragraph (2).

#

“(2)“(2)

Any notification required by paragraph (1) with respect to any class or category of vehicles or engines shall be given to dealers, ultimate purchasers, and subsequent purchasers (if known) in such manner and containing such information as the Administrator may by regulations require.

#

“(3)“(3)

The manufacturer shall furnish with each new motor vehicle or motor vehicle engine such written instructions for the maintenance and use of the vehicle or engine by the ultimate purchaser as may be reasonable and necessary to assure the proper functioning of emission control devices and systems. In addition, the manufacturer shall indicate by means of a label or tag permanently affixed to such vehicle or engine that such vehicle or engine is covered by a certificate of conformity issued for the purpose of assuring achievement of emissions standards prescribed under section 202. Such label or tag shall contain such other information relating to control of motor vehicle emissions as the Administrator shall prescribe by regulation.

#

#

“(d)“(d)

Any cost obligation of any dealer incurred as a result of any requirement imposed by subsection (a), (b), or (c) shall be borne by the manufacturer. The transfer of any such cost obligation from a manufacturer to any dealer through franchise or other agreement is prohibited.

#

“(e)“(e)

If a manufacturer includes in any advertisement a statement

Cost, statement.

respecting the cost or value of emission control devices or systems, such manufacturer shall set forth in such statement the cost or value attributed to such devices or systems by the Secretary of Labor (through the Bureau of Labor Statistics). The Secretary of Labor, and his representatives, shall have the same access for this purpose to the books, documents, papers, and records of a manufacturer as the Comptroller General has to those of a recipient of assistance for purposes of section 311.

#

“(f)“(f)

Any inspection of a motor vehicle or a motor vehicle engine for purposes of subsection (c)(1), after its sale to the ultimate purchaser, shall be made only if the owner of such vehicle or engine voluntarily permits such inspection to be made, except as may be provided by any State or local inspection program.”

#

#

The amendments made by this section shall not apply to vehicles or engines imported into the United States before the sixtieth day after the date of enactment of this Act.

Section 211 of the Clean Air Act (as so redesignated by section 8) is amended to read as follows:

“Sec. 211. “regulation of fuels

(a)(a)

The Administrator may by regulation designate any fuel or fuel additive and, after such date or dates as may be prescribed by him, no manufacturer or processor of any such fuel or additive may sell, offer for sale, or introduce into commerce such fuel or additive unless the Administrator has registered such fuel or additive in accordance with subsection (b) of this section.

#

“(b)“(b)

(1)(1)

For the purpose of registration of fuels and fuel additives, the Administrator shall require—

“(A)“(A)

the manufacturer of any fuel to notify him as to the commercial identifying name and manufacturer of any additive contained in such fuel; the range of concentration of any additive in the fuel; and the purpose-in-use of any such additive; and

#

“(B)“(B)

the manufacturer of any additive to notify him as to the chemical composition of such additive.

#

#

“(2)“(2)

For the purpose of registration of fuels and fuel additives, the Administrator may also require the manufacturer of any fuel or fuel additive—

“(A)“(A)

to conduct tests to determine potential public health effects of such fuel or additive (including, but not limited to, carcinogenic, teratogenic, or mutagenic effects), and

#

“(B)“(B)

to furnish the description of any analytical technique that can be used to detect and measure any additive in such fuel, the recommended range of concentration of such additive, and the recommended purpose-in-use of such additive, and such other information as is reasonable and necessary to determine the emissions resulting from the use of the fuel or additive contained in such fuel, the effect of such fuel or additive on the emission control performance of any vehicle or vehicle engine, or the extent to which such emissions affect the public health or welfare.

#

Tests under subparagraph (A) shall be conducted in conformity with test procedures and protocols established by the Administrator. The result of such tests shall not be considered confidential.

#

“(3)“(3)

Upon compliance with the provision of this subsection, including assurances that the Administrator will receive changes in the information required, the Administrator shall register such fuel or fuel additive.

#

#

“(c)“(c)

(1)(1)

The Administrator may, from time to time on the basis of information obtained under subsection (b) of this section or other information available to him, by regulation, control or prohibit the manufacture, introduction into commerce, offering for sale, or sale of any fuel or fuel additive for use in a motor vehicle or motor vehicle engine (A) if any emission products of such fuel or fuel additive will endanger the public health or welfare, or (B) if emission products of such fuel or fuel additive will impair to a significant degree the performance of any emission control device or system which is in general use, or which the Administrator finds has been developed to a point where in a reasonable time it would be in general use were such regulation to be promulgated.

#

“(2)“(2)

(A)(A)

No fuel, class of fuels, or fuel additive may be controlled or prohibited by the Administrator pursuant to clause (A) of paragraph (1) except after consideration of all relevant medical and scientific. evidence available to him, including consideration of other technologically or economically feasible means of achieving emission standards under section 202.

Ante, p. 1690.

#

“(B)“(B)

No fuel or fuel additive may be controlled or prohibited by the Administrator pursuant to clause (B) of paragraph (1) except after consideration of available scientific and economic data, including a cost benefit analysis comparing emission control devices or systems which are or will be in general use and require the proposed control or prohibition with emission control devices or systems which are or will be in general use and do not require the proposed control or prohibition. On request of a manufacturer of motor vehicles, motor vehicle engines, fuels, or fuel additives submitted within 10 days of notice of proposed rulemaking, the Administrator shall hold a public hearing and publish findings with respect to any matter he is required to consider under this subparagraph. Such findings shall be published at the time of promulgation of final regulations.

#

“(C)“(C)

No fuel or fuel additive may be prohibited by the Administrator under paragraph (1) unless he finds, and publishes such finding, that, in his judgment such prohibition will not cause the use of any other fuel or fuel additive which will produce emissions which will endanger the public health or welfare to the same or greater degree than the use of the fuel or fuel additive proposed to be prohibited.

#

#

“(3)“(3)

(A)(A)

For the purpose of evidence and data to carry out paragraph (2), the Administrator may require the manufacturer of any motor vehicle or motor vehicle engine to furnish any information which has been developed concerning the emissions from motor vehicles resulting from the use of any fuel or fuel additive, or the effect of such use on the performance of any emission control device or system.

#

“(B)“(B)

In obtaining information under subparagraph (A), section 307(a) (relating to subpenas) shall be applicable.

Post, p. 1707.

#

#

“(4)“(4)

(A)(A)

Except as otherwise provided to subparagraph (B) or (C), no State (or political subdivision thereof) may prescribe or attempt to enforce, for purposes of motor vehicle emission control, any control or prohibition respecting use of a fuel or fuel additive in a motor vehicle or motor vehicle engine—

“(i)“(i)

if the Administrator has found that no control or prohibition under paragraph (1) is necessary and has published his finding

Publication in Federal Register.

in the Federal Register, or

#

“(ii)“(ii)

if the Administrator has prescribed under paragraph (1) a control or prohibition applicable to such fuel or fuel additive, unless State prohibition or control is identical to the prohibition or control prescribed by the Administrator.

#

#

“(B)“(B)

Any State for which application of section 209(a) has at any

Ante, p. 1694.

time been waived under section 209(b) may at any time prescribe and enforce, for the purpose of motor vehicle emission control, a control or prohibition respecting any fuel or fuel additive.

#

“(C)“(C)

A State may prescribe and enforce, for purposes of motor vehicle emission control, a control or prohibition respecting the use of a fuel or fuel additive in a motor vehicle or motor vehicle engine if an applicable implementation plan for such State under section 110 so

Ante, p. 1680.

provides. The Administrator may approve such provision in an implementation plan, or promulgate an implementation plan containing such a provision, only if he finds that the State control or prohibition is necessary to achieve the national primary or secondary ambient air quality standard which the plan implements.

#

#

#

“(d)“(d)

Any person who violates subsection (a) or the regulations prescribed under subsection (c) or who fails to furnish any information required by the Administrator under subsection (c) shall forfeit and pay to the United States a civil penalty of $10,000 for each and every day of the continuance of such violation, which shall accrue to the United States and be recovered in a civil suit in the name of the United States, brought in the district where such person has his principal office or in any district in which he does business. The Administrator may, upon application therefor, remit or mitigate any forfeiture provided for in this subsection and he shall have authority to determine the facts upon all such applications.”

#

#

The first sentence of section 208(b) of the Clean Air

Ante, p. 1694.

Act (as so redesignated by section 8 of this Act) is amended to read as follows: “Any records, reports or information obtained under subsection (a) shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof (other than emission data), to which the Administrator has access under this section if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United

62 Stat. 791.

States Code, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act.”

Section 210 of such Act (as so redesignated by section 8 of this

Ante, p. 1694.

Act) is amended to read as follows:

“Sec. 210. “state grants

The Administrator is authorized to make grants to appropriate State agencies in an amount up to two-thirds of the cost of developing and maintaining effective vehicle emission devices and systems inspection and emission testing and control programs, except

Exceptions.

that—

“(1)“(1)

no such grant shall be made for any part of any State vehicle inspection program which does not directly relate to the cost of the air pollution control aspects of such a program;

#

“(2)“(2)

no such grant shall be made unless the Secretary of Transportation has certified to the Administrator that such program is consistent with any highway safety program developed pursuant

80 Stat. 731; Post, p. 1740.

to section 402 of title 23 of the United States Code; and

#

“(3)“(3)

no such grant shall be made unless the program includes provisions designed to insure that emission control devices and systems on vehicles in actual use have not been discontinued or rendered inoperative.”

#

#

Title II of the Clean Air Act is amended by inserting after section

Ante, p. 1694.

211 (as so redesignated by section 8) the following new section:

“Sec. 212. “development of low-emission vehicles

(a)(a)

For the purpose of this section—

Definitions.

“(1)“(1)

The term ‘Board’ means the Low-Emission Vehicle Certification Board.

#

“(2)“(2)

The term ‘Federal Government’ includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia.

#

“(3)“(3)

The term ‘motor vehicle’ means any self-propelled vehicle designed for use in the United States on the highways, other than a vehicle designed or used for military field training, combat, or tactical purposes.

#

“(4)“(4)

The term ‘low-emission vehicle’ means any motor vehicle which—

“(A)“(A)

emits any air pollutant in amounts significantly below new motor vehicle standards applicable under section 202 at

Ante, p. 1690.

the time of procurement to that type of vehicle; and

#

“(B)“(B)

with respect to all other air pollutants meets the new motor vehicle standards applicable under section 202 at the time of procurement to that type of vehicle.

#

#

“(5)“(5)

The term ‘retail price’ means (A) the maximum statutory price applicable to any class or model of motor vehicle; or (B) in any case where there is no applicable maximum statutory price, the most recent procurement price paid for any class or model of motor vehicle.

#

#

“(b)“(b)

(1)(1)

There is established a Low-Emission Vehicle Certification

Low-Emission Vehicle Certification Board, membership.

Board to be composed of the Administrator or his designee, the Secretary of Transportation or his designee, the Chairman of the Council on Environmental Quality or his designee, the Director of the National Highway Safety Bureau in the Department of Transportation, the Administrator of General Services, and two members appointed by the President. The President shall designate one member of the Board as Chairman.

#

“(2)“(2)

Any member of the Board not employed by the United States

Compensation.

may receive compensation at the rate of $125 for each day such member is engaged upon work of the Board. Each member of the Board shall

Travel expenses.

be reimbursed for travel expenses, including per diem in lieu of subsistence as authorized by section 5703 of title 5, United States Code, for

83 Stat. 190.

persons in the Government service employed intermittently.

#

“(3)“(3)

(A)(A)

The Chairman, with the concurrence of the members of

Additional personnel.

the Board, may employ and fix the compensation of such additional personnel as may be necessary to carry out the functions of the Board, but no individual so appointed shall receive compensation in excess of the rate authorized for GS–18 by section 5332 of title 5, United States Code.

Ante, p. 198–1

#

“(B)“(B)

The Chairman may fix the time and place of such meetings as may be required, but a meeting of the Board shall be called whenever a majority of its members so request,

#

“(C)“(C)

The Board is granted all other powers necessary for meeting its responsibilities under this section.

#

#

#

“(c)“(c)

The Administrator shall determine which models or classes of motor vehicles qualify as low-emission vehicles in accordance with the provisions of this section.

#

“(d)“(d)

(1)(1)

The Board shall certify any class or model of motor

Motor vehicle certification.

vehicles—

“(A)“(A)

for which a certification application has been filed in accordance with paragraph (3) of this subsection;

#

“(B)“(B)

which is a low-emission vehicle as determined by the Administrator; and

#

“(C)“(C)

which it determines is suitable for use as a substitute for a class or model of vehicles at that time in use by agencies of the Federal Government.

Substitute specifications.

The Board shall specify with particularity the class or model of vehicles for which the class or model of vehicles described in the application is a suitable substitute. In making the determination under

Criteria.

this subsection the Board shall consider the following criteria:

“(i)“(i)

the safety of the vehicle;

#

“(ii)“(ii)

its performance characteristics;

#

“(iii)“(iii)

its reliability potential;

#

“(iv)“(iv)

its serviceability;

#

“(v)“(v)

its fuel availability;

#

“(vi)“(vi)

its noise level; and

#

“(vii)“(vii)

its maintenance costs as compared with the class or model of motor vehicle for which it may be a suitable substitute.

#

#

#

“(2)“(2)

Certification under this section shall be effective for a period of one year from the date of issuance.

#

“(3)“(3)

(A)(A)

Any party seeking to have a class or model of vehicle certified under this section shall file a certification application in accordance with regulations prescribed by the Board.

#

“(B)“(B)

The Board shall publish a notice of each application received in the Federal Register.

#

“(C)“(C)

The Administrator and the Board shall make determinations for the purpose of this section in accordance with procedures prescribed by regulation by the Administrator and the Board, respectively.

#

“(D)“(D)

The Administrator and the Board shall conduct, whatever investigation is necessary, including actual inspection of the vehicle at a place designated in regulations prescribed under subparagraph (A)

#

“(E)“(E)

The Board shall receive and evaluate written comments and documents from interested parties in support of, or in opposition to, certification of the class or model of vehicle under consideration.

#

“(F)“(F)

Within 90 days after the receipt of a properly filed certification application, the Administrator shall determine whether such class or model of vehicle is a low-emission vehicle, and within 180 days of such determination, the Board shall reach a decision by majority vote as to whether such class or model of vehicle, having been determined to be a low-emission vehicle, is a suitable substitute for any class or classes of vehicles presently being purchased by the Federal Government for use by its agencies.

#

“(G)“(G)

Immediately upon making any determination or decision under subparagraph (F), the Administrator and the Board shall each publish in the Federal Register notice of such determination or decision, including reasons therefor and in the ease of the Board any dissenting views.

#

#

#

“(e)“(e)

(1)(1)

Certified low-emission vehicles shall be acquired by purchase or lease by the Federal Government for use by the Federal Government in lieu of other vehicles if the Administrator of General Services determines that such certified vehicles have procurement costs which are no more than 150 per centum of the retail price of the least expensive class or model of motor vehicle for which they are certified substitutes.

#

“(2)“(2)

In order to encourage development of inherently low-polluting propulsion technology, the Board may, at its discretion, raise the premium set forth in paragraph (1) of this subsection to 200 per centum of the retail price of any class or model of motor vehicle for which a certified low-emission vehicle is a certified substitute, if the Board determines that the certified low-emission vehicle is powered by an inherently low-polluting propulsion system.

#

“(3)“(3)

Data relied upon by the Board and the Administrator in determining that a vehicle is a certified low-emission vehicle shall be incorporated in any contract for the procurement of such vehicle.

#

#

“(f)“(f)

The procuring agency shall be required to purchase available certified low-emission vehicles which are eligible for purchase to the extent they are available before purchasing any other vehicles for which any low-emission vehicle is a certified substitute. In making purchasing selections between competing eligible certified low-emission vehicles, the procuring agency shall give priority to (1) any class or model which does not require extensive periodic maintenance to retain its low-polluting qualities or which does not require the use of fuels which are more expensive than those of the classes or models of vehicles for which it is a certified substitute; and (2) passenger vehicles other than buses.

#

“(g)“(g)

For the purpose of procuring certified low-emission vehicles any statutory price limitations shall be waived.

#

“(h)“(h)

The Administrator shall, from time to time as the Board deems

Tests.

appropriate, test the emissions from certified low-emission vehicles purchased by the Federal Government. If at any time he finds that the emission rates exceed the rates on which certification under this section was based, the Administrator shall notify the Board. Thereupon the Board shall give the supplier of such vehicles written notice of this finding, issue public notice of it, and give the supplier an opportunity to make necessary repairs, adjustments, or replacements. If no such repairs, adjustments, or replacements are made within a period to be set by the Board, the Board may order the supplier to show cause why the vehicle involved should be eligible for recertification.

#

“(i)“(i)

There are authorized to be appropriated for paying additional

Appropriations.

amounts for motor vehicles pursuant to, and for carrying out the provisions of, this section, $5,000,000 for the fiscal year ending June 30, 1971, and $25,000,000 for each of the two succeeding fiscal years.

#

“(j)“(j)

The Board shall promulgate the procedures required to implement this section within one hundred and eighty days after the date of enactment of the Clean Air Amendments of 1970.”

#

#

The Clean Air Act is amended by redesignating sections 303 through 310 as sections 310 through 317, and by inserting after

81 Stat. 505.

42 USC 1857i–1857l.

section 302 the following new sections:

“Sec. 303. “emergency powers

Notwithstanding any other provision of this Act, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to the health of persons, and that appropriate State or local authorities have not acted to abate such sources, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary.

#

“Sec. 304. “citizen suits

(a)(a)

Except as provided in subsection (b), any person may commence a civil action on his own behalf—

“(1)“(1)

against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) who is alleged to be in violation of (A) an emission standard or limitation under this Act or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or

#

“(2)“(2)

against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator.

#

Jurisdiction.

The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an emission standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be.

#

“(b)“(b)

No action may be commenced—

“(1)“(1)

under subsection (a)(1)—

“(A)“(A)

prior to 60 days after the plaintiff has given notice of the violation (i) to the ‘Administrator, (ii) to the State in which the violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or

#

“(B)“(B)

if the Administrator or State has commenced and is diligently prosecuting a civil action in a court, of the United States or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any person may intervene as a matter of right.

#

#

“(2)“(2)

under subsection (a)(2) prior to 60 days after the plaintiff has given notice of such action to the Administrator,

#

except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation

Ante, p. 1685.

of section 112(c) (1) (B) or an order issued by the Administrator

Ante, p. 1686.

pursuant to section 113(a). Notice under this subsection shall be. given in such manner as the Administrator shall prescribe by regulation.

#

“(c)“(c)

(1)(1)

Any action respecting a violation by a stationary source of an emission standard or limitation or an order respecting such standard or limitation may be brought only in the judicial district in which such source is located.

#

“(2)“(2)

In such action under this section, the Administrator, if not a party, may intervene as a matter of right.

#

#

“(d)“(d)

The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance

28 USC app.

with the Federal Rules of Civil Procedure.

#

“(e)“(e)

Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any emission standard or limitation or to seek any other relief (including relief against the Administrator or a State agency).

#

“(f)“(f)

For purposes of this section, the term ‘emission standard or limitation under this Act’ means—

“(1)“(1)

a schedule or timetable of compliance, emission limitation, standard of performance or emission standard, or

#

“(2)“(2)

a control or prohibition respecting a motor vehicle fuel or fuel additive,

#

which is in effect under this Act (including a requirement applicable by reason of section 118) or under an applicable implementation plan.

Ante, p. 1689.

#

#

“Sec. 305. “appearance

The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this Act to which the Administrator is a party. Unless the Attorney General notifies the Administrator that be will appear in such action within a reasonable time, attorneys appointed by the Administrator shall appear and represent him.

#

“Sec. 306. “federal procurement

(a)(a)

No Federal agency may enter into any contract with any person who is convicted of any offense under section 113 (c)(1) for

Ante, p. 1687.

the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected.

#

“(b)“(b)

The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a).

#

“(c)“(c)

In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation’s air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency

Federal agency contracts.

authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions,

Presidential procedures, etc.

penalties, and such other provisions, as the President determines necessary to carry out such requirement.

#

“(d)“(d)

The President may exempt any contract, loan, or grant from

Exemptions, notification to Congress.

all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

#

“(e)“(e)

The President shall annually report to the Congress on measures

Report to Congress.

taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section.

#

#

“Sec. 307. “general provision relating to administrative proceedings and judicial review

(a)(a)

(1)(1)

In connection with any determination under section 110(f) or section 202(b) (5), or for purposes of obtaining information

Ante, pp. 1682, 1691.

under section 202(b) (4) or 210(c) (4), the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for emission data, upon a showing satisfactory to the Administrator by such owner or operator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code,

62 Stat. 791.

except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act, to persons carrying out the National Academy of Sciences’ study and investigation

Ante, p. 1690.

provided for in section 202(c), or when relevant in any proceeding under this Act. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy’ or refusal to obey a subpena served upon any person under this subparagraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished in such court as a contempt thereof.

#

#

“(b)“(b)

(1)(1)

A petition for review of action of the Administrator in promulgating any national primary or secondary ambient air quality

Ante, p. 1685.

standard, any emission standard under section 112, any standard of performance under section 111, any standard under section 202 (other than a standard required to be prescribed under section 202(b) (1)), any determination under section 202(b) (5), any control or prohibition

Ante, pp. 1698, 1703.

under section 211, or any standard under section 231 may be filed only in the United States Court of Appeals for the District of Columbia. A petition for review of the Administrator’s action in approving or promulgating

Ante, p. 1680.

any implementation plan under section 110 or section 111(d) may be filed only in the United States Court of Appeals for the

Filing.

appropriate circuit. Any such petition shall be filed within 30 days from the date of such promulgation or approval, or after such date if such petition is based solely on grounds arising after such 30th day.

#

“(2)“(2)

Action of the Administrator with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in civil or criminal proceedings for enforcement.

#

#

“(c)“(c)

In any judicial proceeding in which review is sought of a determination under this Act required to be. made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as to the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.

#

#

“Sec. 308. “mandatory licensing

Whenever the Attorney General determines, upon application of the Administrator—

“(1)“(1)

that—

“(A)“(A)

in the implementation of the requirements of section 111, 112, or 202 of this Act, a right under any United States letters patent, which is being used or intended for public or commercial use and not otherwise reasonably available, is necessary to enable, any person required to comply with such limitation to so comply, and

#

“(B)“(B)

there are no reasonable alternative methods to accomplish such purpose, and

#

#

“(2)“(2)

that the unavailability of such right may result in a substantial lessening of competition or tendency to create a monopoly in any line of commerce in any section of the country,

#

the Attorney General may so certify to a district court of the United

Patent licensing.

States, which may issue an order requiring the person who owns such patent to license it on such reasonable terms and conditions as the court, after hearing, may determine. Such certification may be made to the district court for the district in which the person owning the patent resides, does business, or is found.

#

“Sec. 309. “policy review

(a)(a)

The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this Act or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 102(2) (C) of Public Law 91–190 applies, and (3) proposed regulations published

83 Stat. 853.

42 USC 4332.

by any department or agency of the Federal Government. Such written comment shall be made public at the conclusion of any such review.

#

“(b)“(b)

In the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environmental Quality.”

#

#

Section 104(c) of the Clean Air Act is amended to read

81 Stat. 488; 83 Stat. 283.

42 USC 1857b–1.

as follows:

“(c)“(c)

For the purposes of this section there are authorized to be appropriated $75,000,000 for the fiscal year ending June 30, 1971, $125,000,000 for the fiscal year ending June 30, 1972, and $150,000,000 for the fiscal year ending June 30, 1973. Amounts appropriated pursuant to this subsection shall remain available until expended.”

#

Section 316 of the Clean Air Act (as redesignated by section 12

Ante, p. 1705.

of this Act) is amended to read as follows:

“Sec. 316. “appropriations

There are authorized to be appropriated to carry out this Act, other than sections 103 (f) (3) and (d), 104, 212, and 403,

Ante, pp. 1676, 1701.

Post, p. 1710.

$125,000,000 for the fiscal year ending June 30, 1971, $225,000,000 for the fiscal year ending June 30, 1972, and $300,000,000 for the fiscal year ending June 30, 1973.”

#

Regulations or standards issued under title II of the Clean Air Act prior to the enactment of this Act shall continue in effect until

81 Stat. 499.

42 USC 1857f–1.

revised by the Administrator consistent with the purposes of such Act.