For the purpose (i) of developing or assisting in the development of any implementation plan under section standard of performance under section of this title, any emission standard under section of this title,,1 or any regulation of solid waste combustion under section of this title, or any regulation under section of this title (relating to solid waste combustion), (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan, or (iii) carrying out any provision of this chapter (except a provision of subchapter II with respect to a manufacturer of new motor vehicles or new motor vehicle engines)-or section of this title, any
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 of title 18, 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 chapter or when relevant in any proceeding under this chapter.
1 So in original.
2 So in original. The "and" probably should not appear.
3 The period probably should be "; and".
4 So in original. Probably should not be capitalized.
5 See References in Text note below.
42 U.S.C. § 7414
REFERENCES IN TEXTSectionof this title, referred to in subsec. (d)(1), was amended generally by Pub. L. 101-549, title VII, §701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, no longer relates to final compliance orders.
CODIFICATIONSection was formerly classified to section 1857c-9 of this title.
AMENDMENTS1990-Subsec. (a). Pub. L. 101-549, §702(a)(1), which directed that "or" be struck out in first sentence immediately before "any emission standard under section of this title," could not be executed because of the prior amendment by Pub. L. 101-549, §302(c), see below. Pub. L. 101-549, §702(a)(2), inserted "or any regulation under section of this title (relating to solid waste combustion)," before "(ii) of determining". Pub. L. 101-549, §302(c), struck out "or" after "performance under section of this title," and inserted ", or any regulation of solid waste combustion under section of this title," after "standard under section of this title".Subsec. (a)(1). Pub. L. 101-549, §702(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "the Administrator may require any person who owns or operates any emission source or who is subject to any requirement of this chapter (other than a manufacturer subject to the provisions of section or of this title) with respect to a provision of subchapter II of this chapter 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".Subsec. (a)(3). Pub. L. 101-549, §702(b), added par. (3).1977-Subsec. (a). Pub. L. 95-190, §14(a)(22), inserted reference to subchapter II of this chapter and "new" before "motor" in two places. Pub. L. 95-95, §305(d), substituted "carrying out any provision of this chapter (except with respect to a manufacturer of motor vehicles or motor vehicle engines)" for "carrying out sections 119 or 303" in cl. (iii) preceding par. (1), substituted "any person subject to any requirement of this chapter (other than a manufacturer subject to the provisions of sections or of this title)" for "the owner or operator of any emission source" in par. (1), substituted "any premises of such person" for "any premises in which an emission source is located" in subpar. (A) of par. (2), and substituted "emissions which such person is required to sample" for "emissions which the owner or operator of such source is required to sample" in subpar. (B) of subpar. (2). Subsec. (a)(1). Pub. L. 95-190, §14(a)(23), inserted reference to subchapter II of this chapter and "who owns or operates any emission source or who is" after "any person".Subsec. (b)(1). Pub. L. 95-95, §109(d)(3), struck out "(except with respect to new sources owned or operated by the United States)" after "to carry out this section". Subsec. (d). Pub. L. 95-95, §113, added subsec. (d). 1974-Subsec. (a). Pub. L. 93-319 inserted reference to section 119.
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.
PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95-95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95-95 see section 406(a) of Pub. L. 95-95 set out as an Effective Date of 1977 Amendment note under section of 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.
- The term "Administrator" means the Administrator of General Services.
- 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 pollution control agency
- The term "air pollution control agency" means any of the following:(1) A single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of this chapter.(2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution.(3) A city, county, or other local government health authority, or, in the case of any city, county, or other local government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency.(4) An agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution.(5) An agency of an Indian tribe.
- The term "owner" means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing.
- 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.
- standard of performance
- The term "standard of performance" means a requirement of continuous emission reduction, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction.
- emission standard
- The terms "emission limitation" and "emission standard" mean a requirement established by the State or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice or operational standard promulgated under this chapter..1