The Administrator shall, not later than one year after August 7, 1977, promulgate a national primary ambient air quality standard for NO2 concentrations over a period of not more than 3 hours unless, based on the criteria issued under section of this title, he finds that there is no significant evidence that such a standard for such a period is requisite to protect public health.
42 U.S.C. § 7409
July 14, 1955, ch. 360, title I, §109, as added Pub. L. 91-604, §4(a), Dec. 31, 1970, 84 Stat. 1679; amended Pub. L. 95-95, title I, §106, Aug. 7, 1977, 91 Stat. 691.
CODIFICATIONSection was formerly classified to section 1857c-4 of this title.
PRIOR PROVISIONSA prior section 109 of act July 14, 1955, was renumbered section 116 by Pub. L. 91-604 and is classified to sectionof this title.
AMENDMENTS 1977-Subsec. (c). Pub. L. 95-95, §106(b), added subsec. (c).Subsec. (d). Pub. L. 95-95, §106(a), added subsec. (d).
EFFECTIVE DATE OF 1977 AMENDMENT 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 sectionof this title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONSAll rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment note under sectionof this title.
TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
ROLE OF SECONDARY STANDARDS Pub. L. 101-549, title VIII, §817, Nov. 15, 1990, 104 Stat. 2697, provided that:"(a) REPORT.-The Administrator shall request the National Academy of Sciences to prepare a report to the Congress on the role of national secondary ambient air quality standards in protecting welfare and the environment. The report shall: "(1) include information on the effects on welfare and the environment which are caused by ambient concentrations of pollutants listed pursuant to section 108 [42 U.S.C. ] and other pollutants which may be listed;"(2) estimate welfare and environmental costs incurred as a result of such effects; "(3) examine the role of secondary standards and the State implementation planning process in preventing such effects; "(4) determine ambient concentrations of each such pollutant which would be adequate to protect welfare and the environment from such effects;"(5) estimate the costs and other impacts of meeting secondary standards; and"(6) consider other means consistent with the goals and objectives of the Clean Air Act [ et seq.] which may be more effective than secondary standards in preventing or mitigating such effects. "(b) SUBMISSION TO CONGRESS; COMMENTS; AUTHORIZATION.-(1) The report shall be transmitted to the Congress not later than 3 years after the date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990]. "(2) At least 90 days before issuing a report the Administrator shall provide an opportunity for public comment on the proposed report. The Administrator shall include in the final report a summary of the comments received on the proposed report."(3) There are authorized to be appropriated such sums as are necessary to carry out this section."
- The term "Administrator" means the Administrator of the Environmental Protection Agency.
- The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands.
- air pollutant
- The term "air pollutant" means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term "air pollutant" is used.
- The term "person" includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.