
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7405]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 7405. Grants for support of air pollution planning and 
        control programs
        

(a) Amounts; limitations; assurances of plan development capability

    (1)(A) The Administrator may make grants to air pollution control 
agencies, within the meaning of paragraph (1), (2), (3), (4), or (5) of 
section 7602 of this title, in an amount up to three-fifths of the cost 
of implementing programs for the prevention and control of air pollution 
or implementation of national primary and secondary ambient air quality 
standards. For the purpose of this section, ``implementing'' means any 
activity related to the planning, developing, establishing, carrying-
out, improving, or maintaining of such programs.
    (B) Subject to subsections (b) and (c) of this section, an air 
pollution control agency which receives a grant under subparagraph (A) 
and which contributes less than the required two-fifths minimum shall 
have 3 years following November 15, 1990, in which to contribute such 
amount. If such an agency fails to meet and maintain this required 
level, the Administrator shall reduce the amount of the Federal 
contribution accordingly.
    (C) With respect to any air quality control region or portion 
thereof for which there is an applicable implementation plan under 
section 7410 of this title, grants under subparagraph (A) may be made 
only to air pollution control agencies which have substantial 
responsibilities for carrying out such applicable implementation plan.
    (2) Before approving any grant under this subsection to any air 
pollution control agency within the meaning of sections 7602(b)(2) and 
7602(b)(4) of this title, the Administrator shall receive assurances 
that such agency provides for adequate representation of appropriate 
State, interstate, local, and (when appropriate) international, 
interests in the air quality control region.
    (3) Before approving any planning grant under this subsection to any 
air pollution control agency within the meaning of sections 7602(b)(2) 
and 7602(b)(4) of this title, the Administrator shall receive assurances 
that such agency has the capability of developing a comprehensive air 
quality plan for the air quality control region, which plan shall 
include (when appropriate) a recommended system of alerts to avert and 
reduce the risk of situations in which there may be imminent and serious 
danger to the public health or welfare from air pollutants and the 
various aspects relevant to the establishment of air quality standards 
for such air quality control region, including the concentration of 
industries, other commercial establishments, population and naturally 
occurring factors which shall affect such standards.

(b) Terms and conditions; regulations; factors for consideration; State 
        expenditure limitations

    (1) From the sums available for the purposes of subsection (a) of 
this section for any fiscal year, the Administrator shall from time to 
time make grants to air pollution control agencies upon such terms and 
conditions as the Administrator may find necessary to carry out the 
purpose of this section. In establishing regulations for the granting of 
such funds the Administrator shall, so far as practicable, give due 
consideration to (A) the population, (B) the extent of the actual or 
potential air pollution problem, and (C) the financial need of the 
respective agencies.
    (2) Not more than 10 per centum of the total of funds appropriated 
or allocated for the purposes of subsection (a) of this section shall be 
granted for air pollution control programs in any one State. In the case 
of a grant for a program in an area crossing State boundaries, the 
Administrator shall determine the portion of such grant that is 
chargeable to the percentage limitation under this subsection for each 
State into which such area extends. Subject to the provisions of 
paragraph (1) of this subsection, no State shall have made available to 
it for application less than one-half of 1 per centum of the annual 
appropriation for grants under this section for grants to agencies 
within such State.

(c) Maintenance of effort

    (1) No agency shall receive any grant under this section during any 
fiscal year when its expenditures of non-Federal funds for recurrent 
expenditures for air pollution control programs will be less than its 
expenditures were for such programs during the preceding fiscal year. In 
order for the Administrator to award grants under this section in a 
timely manner each fiscal year, the Administrator shall compare an 
agency's prospective expenditure level to that of its second preceding 
fiscal year. The Administrator shall revise the current regulations 
which define applicable nonrecurrent and recurrent expenditures, and in 
so doing, give due consideration to exempting an agency from the 
limitations of this paragraph and subsection (a) of this section due to 
periodic increases experienced by that agency from time to time in its 
annual expenditures for purposes acceptable to the Administrator for 
that fiscal year.
    (2) The Administrator may still award a grant to an agency not 
meeting the requirements of paragraph (l) \1\ of this subsection if the 
Administrator, after notice and opportunity for public hearing, 
determines that a reduction in expenditures is attributable to a non-
selective reduction in the expenditures in the programs of all Executive 
branch agencies of the applicable unit of Government. No agency shall 
receive any grant under this section with respect to the maintenance of 
a program for the prevention and control of air pollution unless the 
Administrator is satisfied that such a grant will be so used to 
supplement and, to the extent practicable, increase the level of State, 
local, or other non-Federal funds. No grants shall be made under this 
section until the Administrator has consulted with the appropriate 
official as designated by the Governor or Governors of the State or 
States affected.
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    \1\ So in original. Probably should be paragraph ``(1)''.
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(d) Reduction of payments; availability of reduced amounts; reduced 
        amount as deemed paid to agency for purpose of determining 
        amount of grant

    The Administrator, with the concurrence of any recipient of a grant 
under this section, may reduce the payments to such recipient by the 
amount of the pay, allowances, traveling expenses, and any other costs 
in connection with the detail of any officer or employee to the 
recipient under section 7601 of this title, when such detail is for the 
convenience of, and at the request of, such recipient and for the 
purpose of carrying out the provisions of this chapter. The amount by 
which such payments have been reduced shall be available for payment of 
such costs by the Administrator, but shall, for the purpose of 
determining the amount of any grant to a recipient under subsection (a) 
of this section, be deemed to have been paid to such agency.

(e) Notice and opportunity for hearing when affected by adverse action

    No application by a State for a grant under this section may be 
disapproved by the Administrator without prior notice and opportunity 
for a public hearing in the affected State, and no commitment or 
obligation of any funds under any such grant may be revoked or reduced 
without prior notice and opportunity for a public hearing in the 
affected State (or in one of the affected States if more than one State 
is affected).

(July 14, 1955, ch. 360, title I, Sec. 105, formerly Sec. 4, as added 
Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 395; renumbered Sec. 104 
and amended Pub. L. 89-272, title I, Sec. 101(2)-(4), Oct. 20, 1965, 79 
Stat. 992; Pub. L. 89-675, Sec. 3, Oct. 15, 1966, 80 Stat. 954; 
renumbered Sec. 105 and amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 
81 Stat. 489; Pub. L. 91-604, Secs. 3(a), (b)(1), 15(c)(2), Dec. 31, 
1970, 84 Stat. 1677, 1713; Pub. L. 95-95, title I, Sec. 102, title III, 
Sec. 305(b), Aug. 7, 1977, 91 Stat. 687, 776; Pub. L. 101-549, title 
VIII, Sec. 802(a)-(e), Nov. 15, 1990, 104 Stat. 2687, 2688.)

                          Codification

    Section was formerly classified to section 1857c of this title.


                            Prior Provisions

    A prior section 105 of act July 14, 1955, was renumbered section 108 
by Pub. L. 90-148 and is classified to section 7415 of this title.
    Provisions similar to those in subsecs. (a) and (b) of this section 
were contained in a prior section 1857d of this title, act July 14, 
1955, ch. 360, Sec. 5, 69 Stat. 322, as amended Sept. 22, 1959, Pub. L. 
86-365, Sec. 1, 73 Stat. 646; Oct. 9, 1962, Pub. L. 87-761, Sec. 1, 76 
Stat. 760, prior to the general amendment by Pub. L. 88-206.


                               Amendments

    1990--Subsec. (a)(1)(A), (B). Pub. L. 101-549, Sec. 802(a), amended 
subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) 
read as follows:
    ``(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 secondry [sic] ambient air 
quality standards.
    ``(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 7602(b) of this title in an amount up to 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.''
    Subsec. (a)(1)(C). Pub. L. 101-549, Sec. 802(b), substituted 
``subparagraph (A)'' for ``subparagraph (B)''.
    Subsec. (b)(1). Pub. L. 101-549, Sec. 802(c), designated existing 
provisions of subsec. (b) as par. (1), redesignated former cls. (1) to 
(3) as cls. (A) to (C), respectively, and struck out at end ``No agency 
shall receive any grant under this section during any fiscal year when 
its expenditures of non-Federal funds for other than nonrecurrent 
expenditures for air pollution control programs will be less than its 
expenditures were for such programs during the preceding fiscal year, 
unless the Administrator, after notice and opportunity for public 
hearing, determines that a reduction in expenditures is attributable to 
a nonselective reduction in expenditures in the programs of all 
executive branch agencies of the applicable unit of Government; and no 
agency shall receive any grant under this section with respect to the 
maintenance of a program for the prevention and control of air pollution 
unless the Administrator is satisfied that such grant will be so used to 
supplement and, to the extent practicable, increase the level of State, 
local, or other non-Federal funds that would in the absence of such 
grant be made available for the maintenance of such program, and will in 
no event supplant such State, local, or other non-Federal funds. No 
grant shall be made under this section until the Administrator has 
consulted with the appropriate official as designated by the Governor or 
Governors of the State or States affected.''
    Subsec. (b)(2). Pub. L. 101-549, Sec. 802(d), redesignated subsec. 
(c) as subsec. (b)(2) and substituted ``Subject to the provisions of 
paragraph (1) of this subsection, no State shall have made available to 
it for application less than one-half of 1 per centum of the annual 
appropriation for grants under this section for grants to agencies 
within such State.'' for ``In fiscal year 1978 and subsequent fiscal 
years, subject to the provisions of subsection (b) of this section, no 
State shall receive less than one-half of 1 per centum of the annual 
appropriation for grants under this section for grants to agencies 
within such State.''
    Subsec. (c). Pub. L. 101-549, Sec. 802(e), added subsec. (c). Former 
subsec. (c) redesignated (b)(2).
    1977--Subsec. (b). Pub. L. 95-95, Sec. 102(a), inserted ``, unless 
the Administrator, after notice and opportunity for hearing, determines 
that a reduction in expenditures is attributable to a nonselective 
reduction in expenditures in the programs of all executive branch 
agencies of the applicable unit of Government'' after ``will be less 
than its expenditures were for such programs during the preceding fiscal 
year''.
    Subsec. (c). Pub. L. 95-95, Sec. 102(b), provided that in fiscal 
year 1978 and subsequent fiscal years, subject to provisions of subsec. 
(b) of this section, no State shall receive less than one-half of 1 per 
centum of the annual appropriation for grants under this section for 
grants to agencies within such State.
    Subsec. (e). Pub. L. 95-95, Sec. 305(b), added subsec. (e).
    1970--Subsec. (a)(1). Pub. L. 91-604, Sec. 3(a), substituted 
provisions authorizing the Administrator to make grants, for provisions 
authorizing the Secretary to make grants, and provisions authorizing 
grants for programs implementing national primary and secondary ambient 
air quality standards, for provisions authorizing grants for programs 
implementing air quality standards authorized by this subchapter, and 
inserted the provision requiring grants to air pollution control 
agencies be made to agencies having substantial responsibilities for 
carrying out the applicable implementation plan with respect to the air 
quality control region or portion thereof.
    Subsecs. (a)(2), (3), (b), (c). Pub. L. 91-604, Sec. 15(c)(2), 
substituted ``Administrator'' for ``Secretary'' wherever appearing.
    Subsec. (d). Pub. L. 91-604, Sec. 3(b)(1), added subsec. (d).
    1967--Subsec. (a). Pub. L. 90-148 designated existing provisions as 
par. (1), substituted ``regional air quality control program'' for 
``regional air pollution control program,'' added planning to list of 
authorized activities, and added programs for implementation of air 
quality standards authorized by this chapter to list of authorized 
programs, and added pars. (2) and (3).
    Subsec. (b). Pub. L. 90-148 made minor changes in the order of 
provisions.
    Subsec. (c). Pub. L. 90-148 reduced percentage limitation on portion 
of total funds which might be granted for air pollution control programs 
in any one State from 12\1/2\ per centum to 10 per centum.
    1966--Subsec. (a). Pub. L. 89-675, Sec. 3(a)(1), struck out 
provisions limiting available funds to 20 per centum of sums 
appropriated annually for purpose of this subchapter, inserted 
provisions allowing grants to air pollution control agencies up to one-
half of cost of maintaining programs for prevention and control of air 
pollution, and authorized Secretary to make grants of up to three-fifths 
of cost of maintaining regional air pollution control programs.
    Subsec. (b). Pub. L. 89-675, Sec. 3(a)(2), substituted ``for the 
purpose of'' for ``under'', permitted grantees to reduce annual 
expenditures to the extent that nonrecurrent costs are involved for 
purposes of application of the provision that no agency may receive 
grants during any fiscal year when its expenditures of non-Federal funds 
for air pollution control programs are less than its expenditures for 
such programs during the preceding year, and inserted provisions 
insuring that Federal funds will in no event be used to supplant State 
or local government funds in maintaining air pollution control programs.
    Subsec. (c). Pub. L. 89-675, Sec. 3(b), substituted ``total of funds 
appropriated or allocated for the purposes of subsection (a) of this 
section shall be granted for air pollution control programs'' for 
``grant funds available under subsection (a) of this section shall be 
expended'' and authorized the Secretary to determine the portion of 
grants to interstate agencies to be charged against the twelve and one-
half percent limitation of grant funds to any one State.
    1965--Subsec. (a). Pub. L. 89-272 substituted ``this title'' for 
``this Act'', which for purposes of codification has been changed to 
``this subchapter'', and ``section 302(b)(2) and (4)'' for ``section 
9(b)(2) and (4)'', which for purposes of codification has been changed 
to ``section 7602(b)(2) and (4) of this title''.


                    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 section 7401 of this title.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All 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 section 7401 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7509, 7601 of this title.
