§ 7607. Administrative proceedings and judicial review

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “this”.
3. 3 So in original.
4. 4 So in original. Probably should be “subsection,”.
5. 5 So in original. The word “to” probably should not appear.
6. 6 So in original. There are no subpars. (D) and (F) of section 7412(g)(1) of this title.
7. 7 So in original. Probably should be “sections”.

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 § 12(a) · 84 Stat. 1676

   Enacted · 42 U.S.C. § 7607

   July 14, 1955, ch. 360, title III, § 307, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1707

   Source evidence

   Code source credit
   July 14, 1955, ch. 360, title III, § 307, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1707

   Enacted provision · exact public law section
   (a) 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) Except as provided in subsection (b), any person may commence a civil action on his own behalf— “(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) 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) No action may be commenced— “(1) under subsection (a)(1)— “(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) 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) 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) (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) In such action under this section, the Administrator, if not a party, may intervene as a matter of right. “(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) 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) For purposes of this section, the term ‘emission standard or limitation under this Act’ means— “(1) a schedule or timetable of compliance, emission limitation, standard of performance or emission standard, or “(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) 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) The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a). “(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) 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) 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) (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) (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) 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) 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) that— “(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) there are no reasonable alternative methods to accomplish such purpose, and “(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) 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) 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.”

2. 1971

   Pub. L. 92–157 title III § 302(a) · 85 Stat. 431

   Substituted · 42 U.S.C. § 7607(a)(1)

   Pub. L. 92–157 substituted reference to section “7545(c)(3)” for “7545(c)(4)” of this title

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 92–157 substituted reference to section “7545(c)(3)” for “7545(c)(4)” of this title.

   Enacted provision · exact public law section
   (a) Section 307(a) (1) of the Clean Air Act is amended by striking out “210(c)(4)” and inserting in lieu thereof “211(c)(3)”.

3. 1974

   Pub. L. 93–319 § 6(c) · 88 Stat. 246

   1. Inserted · 42 U.S.C. § 7607(b)(1)

      Pub. L. 93–319 inserted reference to the Administrator’s action under section 1857c–10(c)(2)(A), (B), or (C) of this title or under regulations thereunder

   2. Substituted · 42 U.S.C. § 7607(b)(1)

      Pub. L. 93–319 substituted reference to the filing of a petition within 30 days from the date of promulgation, approval, or action for reference to the filing of a petition within 30 days from the date of promulgation or approval

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 93–319 inserted reference to the Administrator’s action under section 1857c–10(c)(2)(A), (B), or (C) of this title or under regulations thereunder and substituted reference to the filing of a petition within 30 days from the date of promulgation, approval, or action for reference to the filing of a petition within 30 days from the date of promulgation or approval.

   Enacted provision · exact public law section
   (c) (1) The second sentence of subsection (b) of section 307 of such 42 USC 1857h–5. Act is amended by inserting “, or his action under section 119(c) (2) (A), (B), or (C) or under regulations thereunder,” after “111(d)”. (2) The third sentence of such subsection is amended by striking out “or approval” and inserting in lieu thereof “, approval, or action”.

4. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 305(c) · 91 Stat. 685

   1. Inserted · 42 U.S.C. § 7607(b)(1)

      Pub. L. 95–95, § 305(c), (h), inserted rules or orders issued under section 7420 of this title (relating to noncompliance penalties) and any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this chapter to the enumeration of actions of the Administrator for which a petition for review may be filed only in the United States Court of Appeals for the District of Columbia

   2. Added · 42 U.S.C. § 7607(b)(1)

      Pub. L. 95–95, § 305(c), (h), added the approval or promulgation by the Administrator of orders under section 7420 of this title, or any other final action of the Administrator under this chapter which is locally or regionally applicable to the enumeration of actions by the Administrator for which a petition for review may be filed only in the United States Court of Appeals for the appropriate circuit

   3. Inserted · 42 U.S.C. § 7607(b)(1)

      Pub. L. 95–95, § 305(c), (h), inserted provision that petitions otherwise capable of being filed in the Court of Appeals for the appropriate circuit may be filed only in the Court of Appeals for the District of Columbia if the action is based on a determination of nationwide scope, and increased from 30 days to 60 days the period during which the petition must be filed

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 95–95, § 305(c), (h), inserted rules or orders issued under section 7420 of this title (relating to noncompliance penalties) and any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this chapter to the enumeration of actions of the Administrator for which a petition for review may be filed only in the United States Court of Appeals for the District of Columbia, added the approval or promulgation by the Administrator of orders under section 7420 of this title, or any other final action of the Administrator under this chapter which is locally or regionally applicable to the enumeration of actions by the Administrator for which a petition for review may be filed only in the United States Court of Appeals for the appropriate circuit, inserted provision that petitions otherwise capable of being filed in the Court of Appeals for the appropriate circuit may be filed only in the Court of Appeals for the District of Columbia if the action is based on a determination of nationwide scope, and increased from 30 days to 60 days the period during which the petition must be filed.

   Enacted provision · exact public law section
   (c) (1) The first sentence of section 307(b)(1) of such Act is amended by striking out “or” after “211,” and by inserting after “231” Ante, p. 714 the following: “any rule or order issued under section 120 (relating to noncompliance penalties, any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this Act ”. (2) The second sentence of section 307 (b)(1) of such Act is amended by inserting after “thereunder,” the following: “or any other final action of the Administrator under this Act which is locally or regionally applicable”. (3) The last sentence of section 307(b)(1) of such Act is amended to read as follows: “Any petition for review under this subsection shall be filed within sixty days from the date notice of such promulgation, approval, or action appears in the Federal Register, except that if such petition is based solely on grounds arising after such sixtieth day, then any petition for review under this subsection shall be filed within sixty days after such grounds arise. (4) Section 307(b)(1) of such Act is further amended by inserting the following after the second sentence thereof: “Notwithstanding the preceding sentence a petition for review of any action referred to in such sentence may be filed only in the United States Court of Appeals for the District of Columbia if such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.”.

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

5. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 305(a) · 91 Stat. 685

   Added · 42 U.S.C. § 7607(d)

   Pub. L. 95–95, § 305(a), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–95, § 305(a), added subsec. (d).

   Enacted provision · exact public law section
   (a) Section 307 of the Clean Air Act is amended by adding the following new subsection at the end thereof: “(d) (1) This subsection applies to— “(A) the promulgation or revision of any national ambient Ante, p. 691. air quality standard under section 109, “(B) the promulgation or revision of an implementation plan Ante, p. 694. by the Administrator under section 110(c), “(C) the promulgation or revision of any standard of performance under section 111 or emission standard under section 112, Ante, pp. 697, 699–701, 703; Post, p. 791. Ante, pp. 701, 703; Post, p. 796. Ante, pp. 762, 764; Post, p. 791. Ante, p. 769; Post, p. 791. Ante, p. 705. Ante, pp. 709, 712. “(D) the promulgation or revision of any regulation pertaining to any fuel or fuel additive under section 211, “(E) the promulgation or revision of any aircraft emission standard under section 231, “(F) promulgation or revision of regulations pertaining to orders for coal conversion under section 113(d)(5) (but not including orders granting or denying any such orders), “(G) promulgation or revision of regulations pertaining to primary nonferrous smelter orders under section 119 (but not including the granting or denying of any such order), “(H) promulgation or revision of regulations under subtitle B of title I (relating to stratosphere and ozone protection), Ante, p. 726. “(I) promulgation or revision of regulations under subtitle C of title I (relating to prevention of significant deterioration Ante, p. 731. of air quality and protection of visibility), “(J) promulgation or revision of regulations under section 202 Ante, p. 702. and test procedures for new motor vehicles or engines under section 206, and the revision of a standard under section 202 Ante, p. 762. Ante, p. 765. (a)(3), “(K) promulgation or revision of regulations for noncompliance penalties under section 120, Ante, p. 714. “(L) promulgation or revision of any regulations promulgated under section 207 (relating to warranties and compliance by Ante, pp. 754–758. vehicles in actual use), “(M) action of the Administrator under section 126 (relating Ante, p. 724. to interstate pollution abatement), and “(N) such other actions as the Administrator may determine. The provisions of section 553 through 557 and section 706 of title 5 of the United States Code shall not. except as expressly provided in this subsection, apply to actions to which this subsection applies. This subsection shall not apply in the case of any rule or circumstance referred to in subparagraphs (A) or (B) of subsection 553(b) of title 5 of the United States Code. “(2) Not later than the date of proposal of any action to which this Rulemaking docket, establishment. subsection applies, the Administrator shall establish a rulemaking docket for such action (hereinafter in this subsection referred to as a ‘rule’). Whenever a rule applies only within a particular State, a second (identical) docket shall be simultaneously established in the appropriate regional office of the Environmental Protection Agency. “(3) Tn the case of any rule to which this subsection applies, notice Publication in Federal Register. of proposed rulemaking shall be published in the Federal Register, as provided under section 553(b) of title 5, United States Code, shall be accompanied by a statement of its basis and purpose and shall specify the period available for public comment (hereinafter referred to as the ‘comment period’). The notice of proposed rulemaking shall also state the docket number, the location or locations of the docket, and the times it will be open to public inspection. The statement of Purpose statement, contents. basis and purpose shall include a summary of— “(A) the factual data on which the proposed rule is based; “(B) the methodology used in obtaining the data and in analyzing the data: and “(C) the major legal interpretations and policy considerations underlying the proposed rule. The statement shall also set forth or summarize and provide a refer-ence to any pertinent findings, recommendations, and comments by Ante, p. 691. the Scientific Review Committee established under section 109(d) and the National Academy of Sciences, and, if the proposal differs in any important respect from any of these recommendations, an explanation of the reasons for such differences. All data, information, and documents referred to in this paragraph on which the proposed rule relies shall be included in the docket on the date of publication of the proposed rule. “(4) (A) The rulemaking docket required under paragraph (2) shall be open for inspection by the public at reasonable times specified in the notice of proposed rulemaking. Any person may copy documents contained in the docket. The Administrator shall provide copying facilities which may be used at the expense of the person seeking copies, but the Administrator may waive or reduce such expenses in such instances as the public interest requires. Any person may request copies by mail if the person pays the expenses, including personnel costs to do the copying. “(B) (i) Promptly upon receipt by the agency, all written comments and documentary information on the proposed rule received from any person for inclusion in the docket during the comment Hearing, transcript. period shall be placed in the docket. The transcript of public hearings, if any, on the proposed rule shall also be included in the docket promptly upon receipt from the person who transcribed such hearings. All documents which become available after the proposed rule has been published and which the Administrator determines are of central relevance to the rulemaking shall be placed in the docket as soon as possible after their availability. “(ii) The drafts of proposed rules submitted by the Administrator to the Office of Management and Budget for any interagency review process prior to proposal of any such rule, all documents accompanying such drafts, and all written comments thereon by other agencies and all written responses to such written comments by the Administrator shall be placed in the docket no later than the date of proposal of the rule. The drafts of the final rule submitted for such review process prior to promulgation and all such written comments thereon, all documents accompanying such drafts, and written responses thereto shall be placed in the docket no later than the date of promulgation. “(5) In promulgating a rule to which this subsection applies (i) the Administrator shall allow any person to submit written comments, data, or documentary information; (ii) the Administrator shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written Transcript. submissions; (iii) a transcript shall be kept of any oral presentation; and (iv) the Administrator shall keep the record of such proceeding open for thirty days after completion of the proceeding to provide an opportunity for submission of rebuttal and supplementary information. “(6) (A) The promulgated rule shall be accompanied by (i) a statement of basis and purpose like that referred to in paragraph (3) with respect to a proposed rule and (ii) an explanation of the reasons for any major changes in the promulgated rule from the proposed rule. “(B) The promulgated rule shall also be accompanied by a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations during the comment period. “(C) The promulgated rule may not be based (in part or whole) on any information or data which has not been placed in the docket as of the date of such promulgation. “(7) (A) The record for judicial review shall consist exclusively Record. of the material referred to in paragraph (3), clause (i) of paragraph (4)(B), and subparagraphs (A) and (B) of paragraph (6). “(B) Only an objection to a rule or procedure which was raised Reconsideration proceeding. with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. If the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within such time or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule, the Administrator shall convene a proceeding for reconsideration of the rule and provide the same procedural rights as would have been afforded had the information been available at the time the rule was posed. If the Administrator refuses to convene such a proceeding, Review. person may seek review of such refusal in the United States court of appeals for the appropriate circuit (as provided in subsection (b)). Such reconsideration shall not postpone the effectiveness of the rule. The effectiveness of the rule may be stayed during such reconsideration, Stay. however, by the Administrator or the court for a period not to exceed three months. “(8) The sole forum for challenging procedural determinations made by the Administrator under this subsection shall be in the United States court of appeals for the appropriate circuit (as provided in subsection (b)) at the time of the substantive review of the rule. No interlocutory Interlocutory appeals, prohibition. appeals shall be permitted with respect to such procedural determinations. Tn reviewing alleged procedural errors, the court may invalidate the rule only if the errors were so serious and related to matters of such central relevance to the rule that there is a substantial likelihood that the rule would have been significantly changed if such errors had not been made. “(9) In the case of review of any action of the Administrator to which this subsection applies, the court may reverse any such action found to be— “(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; “(B) contrary to constitutional right, power, privilege, or immunity; “(C) in excess of statutory jurisdiction, authority, or limitations. or short of statutory right; or “(D) without observance of procedure required by law. if (1) such failure to observe such procedure is arbitrary or capricious, (ii) the requirement of paragraph (7)(B) has been met. and (iii) the condition of the last sentence of paragraph (8) is met. “(10) Each statutory deadline for promulgation of rules to which Extension. this subsection applies which requires promulgation less than six months after date of proposal may be extended to not more than six months after date of proposal by the Administrator upon a determination that such extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of this subsection. “(11) The requirements of this subsection shall take effect with respect to any rule the proposal of which occurs after ninety days after the date of enactment of the Clean Air Act Amendments of 1977.”.

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

6. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 303(d) · 91 Stat. 685

   Added · 42 U.S.C. § 7607(e)

   Pub. L. 95–95, § 303(d), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–95, § 303(d), added subsec. (e).

   Enacted provision · exact public law section
   (d) Section 307 of such Act, as amended by section 305 of this Act, is amended by adding the following at the end thereof: “(e) Nothing in this Act shall be construed to authorize judicial review of regulations or orders of the Administrator under this Act, except as provided in this section.”.

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

7. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 305(f) · 91 Stat. 685

   Added · 42 U.S.C. § 7607(f)

   Pub. L. 95–95, § 305(f), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 95–95, § 305(f), added subsec. (f).

   Enacted provision · exact public law section
   (f) Section 307 of such Act, as amended by section 303(d) of this Court costs. Ante, p. 772. Act, is amended by adding the following new subsection at the end thereof: “(f) In any judicial proceeding under this section, the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such award is appropriate.”.

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

8. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 305(g) · 91 Stat. 685

   Added · 42 U.S.C. § 7607(g)

   Pub. L. 95–95, § 305(g), added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 95–95, § 305(g), added subsec. (g).

   Enacted provision · exact public law section
   (g) Section 307 of such Act is amended by adding the following Relief. new subsection at the end thereof: “(g) In any action respecting the promulgation of regulations under section 120 or the administration or enforcement of section 120 no Ante, p. 714. court shall grant any stay, injunctive, or similar relief before final judgment by such court in such action.”.

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

9. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(79) · 91 Stat. 1393

   1. Inserted · 42 U.S.C. § 7607(b)(1)

      Pub. L. 95–190 in text relating to filing of petitions for review in the United States Court of Appeals for the District of Columbia inserted provision respecting requirements under sections 7411 and 7412 of this title

   2. Substituted · 42 U.S.C. § 7607(b)(1)

      Pub. L. 95–190 in text relating to filing of petitions for review in the United States Court of Appeals for the District of Columbia substituted provisions authorizing review of any rule issued under section 7413, 7419, or 7420 of this title, for provisions authorizing review of any rule or order issued under section 7420 of this title, relating to noncompliance penalties, and in text relating to filing of petitions for review in the United States Court of Appeals for the appropriate circuit inserted provision respecting review under section 7411(j), 7412(c), 7413(d), or 7419 of this title, provision authorizing review under section 1857c–10(c)(2)(A), (B), or (C) to the period prior to Aug. 7, 1977, and provisions authorizing review of denials or disapprovals by the Administrator under subchapter I of this chapter

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 95–190 in text relating to filing of petitions for review in the United States Court of Appeals for the District of Columbia inserted provision respecting requirements under sections 7411 and 7412 of this title, and substituted provisions authorizing review of any rule issued under section 7413, 7419, or 7420 of this title, for provisions authorizing review of any rule or order issued under section 7420 of this title, relating to noncompliance penalties, and in text relating to filing of petitions for review in the United States Court of Appeals for the appropriate circuit inserted provision respecting review under section 7411(j), 7412(c), 7413(d), or 7419 of this title, provision authorizing review under section 1857c–10(c)(2)(A), (B), or (C) to the period prior to Aug. 7, 1977, and provisions authorizing review of denials or disapprovals by the Administrator under subchapter I of this chapter.

   Enacted provision · exact public law section
   (79) in the first sentence of section 307(b)(1), insert “or requirement” before “under section 112,”; strike out “under section 111” and insert in lieu thereof “or requirement under section 111,”; strike out “any rule or order issued under section 120 (relating to noncompliance penalties,” and insert in lieu thereof Ante, pp. 704, 712, 715. “any rule issued under section 113, 119, or under section 120, or”;

10. 1990

    Pub. L. 101–549 § 703 · 104 Stat. 2399

    1. Struck · 42 U.S.C. § 7607(a)

       Pub. L. 101–549, § 703, struck out par. (1) designation at beginning

    2. Inserted · 42 U.S.C. § 7607(a)

       Pub. L. 101–549, § 703, inserted provisions authorizing issuance of subpoenas and administration of oaths for purposes of investigations, monitoring, reporting requirements, entries, compliance inspections, or administrative enforcement proceedings under this chapter

    3. Struck · 42 U.S.C. § 7607(a)

       Pub. L. 101–549, § 703, struck out “or section 7521(b)(5)” after “section 7410(f)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–549, § 703, struck out par. (1) designation at beginning, inserted provisions authorizing issuance of subpoenas and administration of oaths for purposes of investigations, monitoring, reporting requirements, entries, compliance inspections, or administrative enforcement proceedings under this chapter, and struck out “or section 7521(b)(5)” after “section 7410(f)”.

    Enacted provision · exact public law section
    SEC. 703. ADMINISTRATIVE ENFORCEMENT SUBPOENAS. Section 307(a) of the Clean Air Act is amended by striking out “(1)” after “(a)” and by striking “or section 202(b)(5)” and immediately after “section 202(b)(4) or 211(c)(3)” inserting “, any investigation, monitoring, reporting requirement, entry, compliance inspection, or administrative enforcement proceeding under the Act (including but not limited to section 113, section 114, section 120, section 129, section 167, section 205, section 206, section 208, section 303, or section 306),”.

11. 1990

    Pub. L. 101–549 § 706(2) · 104 Stat. 2399

    Struck · 42 U.S.C. § 7607(b)(1)

    Pub. L. 101–549, § 706(2), which directed amendment of second sentence by striking “under section 7413(d) of this title” immediately before “under section 7419 of this title”, was executed by striking “under section 7413(d) of this title,” before “under section 7419 of this title”, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 101–549, § 706(2), which directed amendment of second sentence by striking “under section 7413(d) of this title” immediately before “under section 7419 of this title”, was executed by striking “under section 7413(d) of this title,” before “under section 7419 of this title”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (2) striking “under section 113(d)” immediately before “under section 119” in the second sentence.

12. 1990

    Pub. L. 101–549 § 706(1) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7607(b)(1)

    Pub. L. 101–549, § 706(1), inserted at end: “The filing of a petition for reconsideration by the Administrator of any otherwise final rule or action shall not affect the finality of such rule or action for purposes of judicial review nor extend the time within which a petition for judicial review of such rule or action under this section may be filed, and shall not postpone the effectiveness of such rule or action.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 706(1), inserted at end: “The filing of a petition for reconsideration by the Administrator of any otherwise final rule or action shall not affect the finality of such rule or action for purposes of judicial review nor extend the time within which a petition for judicial review of such rule or action under this section may be filed, and shall not postpone the effectiveness of such rule or action.”

    Enacted provision · exact public law section
    (1) by adding at the end thereof: “The filing of a petition for reconsideration by the Administrator of any otherwise final rule or action shall not affect the finality of such rule or action for purposes of judicial review nor extend the time within which a petition for judicial review of such rule or action under this section may be filed, and shall not postpone the effectiveness of such rule or action.”; and

13. 1990

    Pub. L. 101–549 § 702(c) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7607(b)(1)

    Pub. L. 101–549, § 702(c), inserted “or revising regulations for enhanced monitoring and compliance certification programs under section 7414(a)(3) of this title,” before “or any other final action of the Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 702(c), inserted “or revising regulations for enhanced monitoring and compliance certification programs under section 7414(a)(3) of this title,” before “or any other final action of the Administrator”.

    Enacted provision · exact public law section
    (c) Judicial Review.— Section 307(b)(1) of the Clean Air Act is 42 USC 7607. amended by inserting “or revising regulations for enhanced monitoring and compliance certification programs under section 114(a)(3) of this Act,” immediately before “or any other final action of the Administrator”.

14. 1990

    Pub. L. 101–549 § 302(g) · 104 Stat. 2399

    Substituted · 42 U.S.C. § 7607(b)(1)

    Pub. L. 101–549, § 302(g), substituted “section 7412” for “section 7412(c)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 302(g), substituted “section 7412” for “section 7412(c)”.

    Enacted provision · exact public law section
    (g) Section 307(b)(1) is amended by striking “112(c)” and inserting in lieu thereof “112”.

15. 1990

    Pub. L. 101–549 § 707(h) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7607(b)(2)

    Pub. L. 101–549, § 707(h), inserted sentence at end authorizing challenge to deferrals of performance of nondiscretionary statutory actions

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–549, § 707(h), inserted sentence at end authorizing challenge to deferrals of performance of nondiscretionary statutory actions.

    Enacted provision · exact public law section
    (h) Deferred Actions.— Section 307(b)(2) of the Clean Air Act is 42 USC 7607. amended by adding the following at the end thereof: “Where a final decision by the Administrator defers performance of any non-discretionary statutory action to a later time, any person may challenge the deferral pursuant to paragraph (1).”.

16. 1990

    Pub. L. 101–549 § 110(5)(A) · 104 Stat. 2399

    Amended · 42 U.S.C. § 7607(d)(1)(C)

    Pub. L. 101–549, § 110(5)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “the promulgation or revision of any standard of performance under section 7411 of this title or emission standard under section 7412 of this title,”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(C). Pub. L. 101–549, § 110(5)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “the promulgation or revision of any standard of performance under section 7411 of this title or emission standard under section 7412 of this title,”.

    Enacted provision · exact public law section
    (A) Subparagraph (C) is amended to read as follows: “(C) the promulgation or revision of any standard of performance under section 111, or emission standard or limitation under section 112(d), any standard under section 112(f), or any regulation under section 112(g)(1)(D) and (F), or any regulation under section 112(m) or (n),”.

17. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    1. Added · 42 U.S.C. § 7607(d)(1)(D); 42 U.S.C. § 7607(d)(1)(E)

       Pub. L. 101–549, § 302(h), added subpar. (D)

    2. Redesignated · 42 U.S.C. § 7607(d)(1)(D); 42 U.S.C. § 7607(d)(1)(E)

       Pub. L. 101–549, § 302(h), redesignated former subpar. (D) as (E). Former subpar. (E) redesignated (F)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(D), (E). Pub. L. 101–549, § 302(h), added subpar. (D) and redesignated former subpar. (D) as (E). Former subpar. (E) redesignated (F).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

18. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(F)

    Pub. L. 101–549, § 302(h), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(F). Pub. L. 101–549, § 302(h), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

19. 1990

    Pub. L. 101–549 § 110(5)(B) · 104 Stat. 2399

    Amended · 42 U.S.C. § 7607(d)(1)(F)

    Pub. L. 101–549, § 110(5)(B), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “promulgation or revision of regulations pertaining to orders for coal conversion under section 7413(d)(5) of this title (but not including orders granting or denying any such orders),”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 110(5)(B), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “promulgation or revision of regulations pertaining to orders for coal conversion under section 7413(d)(5) of this title (but not including orders granting or denying any such orders),”.

    Enacted provision · exact public law section
    (B) Subparagraph (F) is amended to read as follows: “(F) the promulgation or revision of any regulation under title IV (relating to control of acid deposition),”.

20. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(G); 42 U.S.C. § 7607(d)(1)(H)

    Pub. L. 101–549, § 302(h), redesignated subpars. (F) and (G) as (G) and (H), respectively. Former subpar. (H) redesignated (I)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(G), (H). Pub. L. 101–549, § 302(h), redesignated subpars. (F) and (G) as (G) and (H), respectively. Former subpar. (H) redesignated (I).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

21. 1990

    Pub. L. 101–549 § 710(b) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(I)

    Pub. L. 101–549, § 710(b), which directed that subpar. (H) be amended by substituting “subchapter VI” for “part B of subchapter I”, was executed by making the substitution in subpar. (I), to reflect the probable intent of Congress and the intervening redesignation of subpar. (H) as (I) by Pub. L. 101–549, § 302(h), see below

    Source evidence

    Code amendment note
    Subsec. (d)(1)(I). Pub. L. 101–549, § 710(b), which directed that subpar. (H) be amended by substituting “subchapter VI” for “part B of subchapter I”, was executed by making the substitution in subpar. (I), to reflect the probable intent of Congress and the intervening redesignation of subpar. (H) as (I) by Pub. L. 101–549, § 302(h), see below.

    Enacted provision · exact public law section
    (b) Section 307.— Section 307(d(H) of the Clean Air Act is amended by striking out “subtitle B of title I” and inserting “title VI”.

22. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(I)

    Pub. L. 101–549, § 302(h), redesignated subpar. (H) as (I). Former subpar. (I) redesignated (J)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 302(h), redesignated subpar. (H) as (I). Former subpar. (I) redesignated (J).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

23. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(J)(M)

    Pub. L. 101–549, § 302(h), redesignated subpars. (I) to (L) as (J) to (M), respectively. Former subpar. (M) redesignated (N)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(J) to (M). Pub. L. 101–549, § 302(h), redesignated subpars. (I) to (L) as (J) to (M), respectively. Former subpar. (M) redesignated (N).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

24. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(N)

    Pub. L. 101–549, § 302(h), redesignated subpar. (M) as (N). Former subpar. (N) redesignated (O)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(N). Pub. L. 101–549, § 302(h), redesignated subpar. (M) as (N). Former subpar. (N) redesignated (O).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

25. 1990

    Pub. L. 101–549 § 110(5)(C) · 104 Stat. 2399

    1. Added · 42 U.S.C. § 7607(d)(1)(N)

       Pub. L. 101–549, § 110(5)(C), added subpar. (N)

    2. Redesignated · 42 U.S.C. § 7607(d)(1)(N)

       Pub. L. 101–549, § 110(5)(C), redesignated former subpar. (N) as (U)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 110(5)(C), added subpar. (N) and redesignated former subpar. (N) as (U).

    Enacted provision · exact public law section
    (C) Delete “and” at the end of subparagraph (M), redesignate subparagraph (N) as subparagraph (U), and add the following new subparagraphs after subparagraph (M): “(N) the promulgation or revision of any regulation pertaining to consumer and commercial products under section 183(e), “(O) the promulgation or revision of any regulation pertaining to field citations under section 113(d)(3), “(P) the promulgation or revision of any regulation pertaining to urban buses or the clean-fuel vehicle, clean-fuel fleet, and clean fuel programs under part C of title II, “(Q) the promulgation or revision of any regulation pertaining to nonroad engines or nonroad vehicles under section 213, “(R) the promulgation or revision of any regulation relating to motor vehicle compliance program fees under section 217, “(S) the promulgation or revision of any regulation under title IV (relating to acid deposition), “(T) the promulgation or revision of any regulation under section 183(f) pertaining to marine vessels, and”.

26. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(O)(T)

    Pub. L. 101–549, § 302(h), redesignated subpars. (N) to (S) as (O) to (T), respectively. Former subpar. (T) redesignated (U)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(O) to (T). Pub. L. 101–549, § 302(h), redesignated subpars. (N) to (S) as (O) to (T), respectively. Former subpar. (T) redesignated (U).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

27. 1990

    Pub. L. 101–549 § 110(5)(C) · 104 Stat. 2399

    Added · 42 U.S.C. § 7607(d)(1)(O)(T)

    Pub. L. 101–549, § 110(5)(C), added subpars. (O) to (T)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 110(5)(C), added subpars. (O) to (T).

    Enacted provision · exact public law section
    (C) Delete “and” at the end of subparagraph (M), redesignate subparagraph (N) as subparagraph (U), and add the following new subparagraphs after subparagraph (M): “(N) the promulgation or revision of any regulation pertaining to consumer and commercial products under section 183(e), “(O) the promulgation or revision of any regulation pertaining to field citations under section 113(d)(3), “(P) the promulgation or revision of any regulation pertaining to urban buses or the clean-fuel vehicle, clean-fuel fleet, and clean fuel programs under part C of title II, “(Q) the promulgation or revision of any regulation pertaining to nonroad engines or nonroad vehicles under section 213, “(R) the promulgation or revision of any regulation relating to motor vehicle compliance program fees under section 217, “(S) the promulgation or revision of any regulation under title IV (relating to acid deposition), “(T) the promulgation or revision of any regulation under section 183(f) pertaining to marine vessels, and”.

28. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(U)

    Pub. L. 101–549, § 302(h), redesignated subpar. (T) as (U). Former subpar. (U) redesignated (V)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(U). Pub. L. 101–549, § 302(h), redesignated subpar. (T) as (U). Former subpar. (U) redesignated (V).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

29. 1990

    Pub. L. 101–549 § 110(5)(C) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(U)

    Pub. L. 101–549, § 110(5)(C), redesignated former subpar. (N) as (U)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 110(5)(C), redesignated former subpar. (N) as (U).

    Enacted provision · exact public law section
    (C) Delete “and” at the end of subparagraph (M), redesignate subparagraph (N) as subparagraph (U), and add the following new subparagraphs after subparagraph (M): “(N) the promulgation or revision of any regulation pertaining to consumer and commercial products under section 183(e), “(O) the promulgation or revision of any regulation pertaining to field citations under section 113(d)(3), “(P) the promulgation or revision of any regulation pertaining to urban buses or the clean-fuel vehicle, clean-fuel fleet, and clean fuel programs under part C of title II, “(Q) the promulgation or revision of any regulation pertaining to nonroad engines or nonroad vehicles under section 213, “(R) the promulgation or revision of any regulation relating to motor vehicle compliance program fees under section 217, “(S) the promulgation or revision of any regulation under title IV (relating to acid deposition), “(T) the promulgation or revision of any regulation under section 183(f) pertaining to marine vessels, and”.

30. 1990

    Pub. L. 101–549 § 302(h) · 104 Stat. 2399

    Redesignated · 42 U.S.C. § 7607(d)(1)(V)

    Pub. L. 101–549, § 302(h), redesignated subpar. (U) as (V)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(V). Pub. L. 101–549, § 302(h), redesignated subpar. (U) as (V).

    Enacted provision · exact public law section
    (h) Section 307(d)(1) is amended by inserting— “(D) the promulgation of any requirement for solid waste combustion under section 129,” after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.

31. 1990

    Pub. L. 101–549 § 108(p) · 104 Stat. 2399

    Added · 42 U.S.C. § 7607(h)

    Pub. L. 101–549, § 108(p), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 101–549, § 108(p), added subsec. (h).

    Enacted provision · exact public law section
    (p) Public Participation.— Section 307 of the Clean Air Act (42 U.S.C. 7607) is amended by adding the following after subsection (g): “(h) Public Participation.— It is the intent of Congress that, Regulations. consistent with the policy of the Administrative Procedures Act, the Administrator in promulgating any regulation under this Act, including a regulation subject to a deadline, shall ensure a reasonable period for public participation of at least 30 days, except as otherwise expressly provided in section 107(d), 172(a), 181(a) and (b), and 186(a) and (b).”.

39 of 39 references resolved to an enrolled provision