§ 7571. Establishment of standards

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1955

   Clean Air Amendments of 1970

   Pub. L. 91–604 § 11(a)(1) · 84 Stat. 1676

   Enacted · 42 U.S.C. § 7571

   July 14, 1955, ch. 360, title II, § 231, as added Pub. L. 91–604, § 11(a)(1), Dec. 31, 1970, 84 Stat. 1703

   Source evidence

   Code source credit
   July 14, 1955, ch. 360, title II, § 231, as added Pub. L. 91–604, § 11(a)(1), Dec. 31, 1970, 84 Stat. 1703

   Enacted provision · exact public law section
   (1) Title II of the Clean Air Act is amended by adding 81 Stat. 499. 42 USC 1857f–1. at the end thereof the following new part: “Part B— Aircraft Emission Standards “Sec. 231. “establishment of standards (a) (1) Within 90 days after the date of enactment of the Study. Clean Air Amendments of 1970, the Administrator shall commence a study and investigation of emissions of air pollutants from aircraft in order to determine— “(A) the extent to which such emissions affect air quality in air quality control regions throughout the United States, and “(B) the technological feasibility of controlling such emissions. “(2) Within 180 days after commencing such study and investigation, the Administrator shall publish a report of such study and investigation and shall issue proposed emission standards applicable to emissions of any air pollutant from any class or classes of aircraft or aircraft engines which in his judgment cause or contribute to or are likely to cause or contribute to air pollution which endangers the public health or welfare. “(3) The Administrator shall hold public hearings with respect to such proposed standards. Such hearings shall, to the extent practicable, be held in air quality control regions which are most seriously affected Regulations. by aircraft omissions. Within 90 days after the issuance of such proposed regulations, he shall issue such regulations with such modifications as he deems appropriate. Such regulations may be revised from time to time. “(b) Any regulation prescribed under this section (and any revision thereof) shall take effect after such period as the Administrator finds necessary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. “(c) Any regulations under this section, or amendments thereto, with respect to aircraft, shall be prescribed only after consultation with the Secretary of Transportation in order to assure appropriate consideration for aircraft safety. “Sec. 232. “enforcement of standards (a) The Secretary of Transportation, after consultation with the Administrator, shall prescribe regulations to insure compliance with all standards prescribed under section 231 by the Administrator. The regulations of the Secretary of Transportation shall include provisions making such standards applicable in the issuance, amendment, modification, suspension, or revocation of any certificate authorized 72 Stat. 731. 49 USC 1301 note. 80 Stat. 931. 49 USC 1651 note. by the Federal Aviation Act or the Department of Transportation Act. Such Secretary shall insure that all necessary inspections are accomplished, and, may execute any power or duty vested in him by any other provision of law in the execution of all powers and duties vested in him under this section. “(b) In any action to amend, modify, suspend, or revoke a certificate in which violation of an emission standard prescribed under section 231 or of a regulation prescribed under subsection (a) is at issue, the certificate holder shall have the same notice and appeal rights as are prescribed for such holders in the Federal Aviation Act of 1958 or Exception. the Department of Transportation Act, except that in any appeal to the National Transportation Safety Board, the Board may amend, modify, or revoke the order of the Secretary of Transportation only if it finds no violation of such standard or regulation and that such amendment, modification, or revocation is consistent with safety in air transportation. “Sec. 233. “state standards and controls No State or political subdivision thereof may adopt or attempt to enforce any standard respecting emissions of any air pollutant from any aircraft or engine thereof unless such standard is identical to a standard applicable to such aircraft under this part. “Sec. 284. “definitions Terms used in this part (other than Administrator) shall have the same meaning as such terms have under section 101 of the Federal Aviation Act of 1958.” 72 Stat. 737. 49 USC 1301.

2. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 401(f) · 91 Stat. 685

   Substituted · 42 U.S.C. § 7571(a)(2)

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

   Source evidence

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

   Enacted provision · exact public law section
   (f) Section 231(a)(2) of such Act is amended to read as follows: 42 USC 7571. “(2) The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to. air pollution which may reasonably be anticipated to endanger public health or welfare.”.

3. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 225 · 91 Stat. 685

   1. Substituted · 42 U.S.C. § 7571(c)

      Pub. L. 95–95, § 225, substituted “Any regulations in effect under this section on August 7, 1977, or proposed or promulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety” for “Any regulations under this section, or amendments thereto, with respect to aircraft, shall be prescribed only after consultation with the Secretary of Transportation in order to assure appropriate consideration for aircraft safety”

   2. Inserted · 42 U.S.C. § 7571(c)

      Pub. L. 95–95, § 225, inserted provision that findings include a reasonably specific statement of the basis upon which the finding was made

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–95, § 225, substituted “Any regulations in effect under this section on August 7, 1977, or proposed or promulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety” for “Any regulations under this section, or amendments thereto, with respect to aircraft, shall be prescribed only after consultation with the Secretary of Transportation in order to assure appropriate consideration for aircraft safety” and inserted provision that findings include a reasonably specific statement of the basis upon which the finding was made.

   Enacted provision · exact public law section
   Sec. 225. aircraft emissions standards Section 231(c) of the Clean Air Act is amended to read 42 USC 7571. as follows: “(c) Any regulations in effect under this section on date of enactment Notice and hearing. of the Clean Air Act Amendments of 1977 or proposed or promulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety. Any such finding shall include a reasonably specific statement of the basis upon which the finding was made.”.

4. 1996

   Pub. L. 104–264 title IV § 406(b) · 110 Stat. 3213

   1. Amended · 42 U.S.C. § 7571(a)(2)

      Pub. L. 104–264 designated existing provisions as subpar. (A)

   2. Added · 42 U.S.C. § 7571(a)(2)

      Pub. L. 104–264 added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–264 designated existing provisions as subpar. (A) and added subpar. (B).

   Enacted provision · exact public law section
   (b) Interagency Cooperation.— Section 231(a)(2) of the Clean Air Act (42 U.S.C. 7571(a)(2)) is amended— (1) by inserting “(A)” before “The Administrator”; and (2) by adding at the end the following: “(B) (i) The Administrator shall consult with the Administrator of the Federal Aviation Administration on aircraft engine emission standards. “(ii) The Administrator shall not change the aircraft engine emission standards if such change would significantly increase noise and adversely affect safety”.

   Effective date note
   Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of Title 49, Transportation.

6 of 6 references resolved to an enrolled provision