
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7415]

 
                 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. 7415. International air pollution


(a) Endangerment of public health or welfare in foreign countries from 
        pollution emitted in United States

    Whenever the Administrator, upon receipt of reports, surveys or 
studies from any duly constituted international agency has reason to 
believe that any air pollutant or pollutants emitted in the United 
States cause or contribute to air pollution which may reasonably be 
anticipated to endanger public health or welfare in a foreign country or 
whenever the Secretary of State requests him to do so with respect to 
such pollution which the Secretary of State alleges is of such a nature, 
the Administrator shall give formal notification thereof to the Governor 
of the State in which such emissions originate.

(b) Prevention or elimination of endangerment

    The notice of the Administrator shall be deemed to be a finding 
under section 7410(a)(2)(H)(ii) of this title which requires a plan 
revision with respect to so much of the applicable implementation plan 
as is inadequate to prevent or eliminate the endangerment referred to in 
subsection (a) of this section. Any foreign country so affected by such 
emission of pollutant or pollutants shall be invited to appear at any 
public hearing associated with any revision of the appropriate portion 
of the applicable implementation plan.

(c) Reciprocity

    This section shall apply only to a foreign country which the 
Administrator determines has given the United States essentially the 
same rights with respect to the prevention or control of air pollution 
occurring in that country as is given that country by this section.

(d) Recommendations

    Recommendations issued following any abatement conference conducted 
prior to August 7, 1977, shall remain in effect with respect to any 
pollutant for which no national ambient air quality standard has been 
established under section 7409 of this title unless the Administrator, 
after consultation with all agencies which were party to the conference, 
rescinds any such recommendation on grounds of obsolescence.

(July 14, 1955, ch. 360, title I, Sec. 115, formerly Sec. 5, as added 
Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 396; renumbered Sec. 105 
and amended Pub. L. 89-272, title I, Secs. 101(2), (3), 102, Oct. 20, 
1965, 79 Stat. 992, 995, renumbered Sec. 108 and amended Pub. L. 90-148, 
Sec. 2, Nov. 21, 1967, 81 Stat. 491, renumbered Sec. 115 and amended 
Pub. L. 91-604, Secs. 4(a), (b)(2)-(10), 15(c)(2), Dec. 31, 1970, 84 
Stat. 1678, 1688, 1689, 1713; Pub. L. 95-95, title I, Sec. 114, Aug. 7, 
1977, 91 Stat. 710.)

                          Codification

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


                               Amendments

    1977--Pub. L. 95-95 completely revised section by substituting 
provisions establishing a mechanism for the Administrator to trigger a 
revision of a State implementation plan under section 7410(a)(2)(H) upon 
a petition of an international agency or the Secretary of State if he 
finds that emissions originating in a State endanger the health or 
welfare of persons in a foreign country for provisions calling for the 
abatement of air pollution by means of conference procedures.
    1970--Subsec. (a). Pub. L. 91-604, Sec. 4(b)(2), inserted ``and 
which is covered by subsection (b) or (c) of this section'' after 
``persons''.
    Subsec. (b). Pub. L. 91-604, Secs. 4(b)(3), (4), (5), 15(c)(2), 
redesignated former subsec. (d)(1)(A), (B), and (C) as (b)(1), (2), and 
(3), substituted ``Administrator'' for ``Secretary'' wherever appearing, 
and added subsec. (b)(4). Former subsec. (b), which related to the 
encouragement of municipal, State, and interstate action to abate air 
pollution, was struck out.
    Subsec. (c). Pub. L. 91-604, Secs. 4(b)(3), (6), 15(c)(2), 
redesignated former subsec. (d)(1)(D) as (c) and substituted 
``Administrator'' for ``Secretary'' and ``Secretary of Health, 
Education, and Welfare'' wherever appearing and ``subsection'' for 
``subparagraph'' wherever appearing. Former subsec. (c), which related 
to the procedure for the promulgation of State air quality standards, 
was struck out.
    Subsec. (d). Pub. L. 91-604, Secs. 4(b)(4), (6), (7), (8), 15(c)(2), 
redesignated former subsec. (d)(2) and (3) as (d)(1) and (2), in (d)(1) 
substituted ``Administrator'' for ``Secretary'' wherever appearing and 
``any conference under this section'' for ``such conference'', and in 
(d)(2) substituted ``Administrator'' for ``Secretary''. Former subsec. 
(d)(1)(A), (B), and (C) were redesignated as (b)(1), (2), and (3), 
respectively, and subsec. (d)(1)(D) was redesignated as (c).
    Subsec. (e). Pub. L. 91-604, Sec. 15(c)(2), substituted 
``Administrator'' for ``Secretary'' wherever appearing.
    Subsec. (f). Pub. L. 91-604, Sec. 15(c)(2), substituted 
``Administrator'' for ``Secretary'' wherever appearing and 
``Environmental Protection Agency'' for ``Department of Health, 
Education, and Welfare''.
    Subsec. (g). Pub. L. 91-604, Secs. 4(b)(9), 15(c)(2), substituted 
``Administrator'' for ``Secretary'' and ``subsection (c)'' for 
``subparagraph (D) of subsection (d)''.
    Subsecs. (i), (j). Pub. L. 91-604, Sec. 15(c)(2), substituted 
``Administrator'' for ``Secretary'' wherever appearing.
    Subsec. (k). Pub. L. 91-604, Sec. 4(b)(3), (10), substituted 
provisions relating to compliance with any requirement of an applicable 
implementation plan or with any standard prescribed under section 7411 
of this title or section 7412 of this title, for provisions relating to 
the enjoining of imminent and substantial endangerment from pollution 
sources.
    1967--Subsec. (b). Pub. L. 90-148 substituted reference to subsec. 
(c), (h), or (k) of this section for reference to subsec. (g) of this 
section.
    Subsecs. (c), (d). Pub. L. 90-148 added subsec. (c), redesignated 
former subsec. (c) as (d), inserted in par. (2) provisions for the 
delivery prior to the conference of a Federal report to agencies and 
interested parties covering matters before the conference, raised from 
three weeks to thirty days the required notice of the conference, and 
inserted provisions for notice by newspapers, presentation of views on 
the Federal report, and transcript of proceedings. Former subsec. (d) 
redesignated (e).
    Subsec. (e). Pub. L. 90-148 redesignated former subsec. (d) as (e). 
Former subsec. (e) redesignated (f) and amended.
    Subsec. (f). Pub. L. 90-148 redesignated former subsec. (e) as (f) 
and inserted in par. (1) requirement that all interested parties be 
given a reasonable opportunity to present evidence to the hearing board. 
Former subsec. (f) redesignated (g) and amended.
    Subsec. (g). Pub. L. 90-148 redesignated former subsec. (f) as (g) 
and substituted reference to subsec. (d) of this section for reference 
to subsec. (c) of this section. Former subsec. (g) redesignated (h) and 
amended.
    Subsec. (h). Pub. L. 90-148 redesignated former subsec. (g) as (h) 
and substituted reference to subsec. (g) of this section for reference 
to subsec. (f) of this section. Former subsec. (h) redesignated (i) and 
amended.
    Subsec. (i). Pub. L. 90-148 redesignated former subsec. (h) as (i) 
and substituted reference to subsec. (f) of this section for reference 
to subsec. (e) of this section and raised the per diem maximum from $50 
to $100. Former subsec. (i) redesignated (j).
    Subsec. (j). Pub. L. 90-148 redesignated former subsec. (i) as (j).
    Subsec. (k). Pub. L. 90-148 added subsec. (k).
    1965--Subsec. (b). Pub. L. 89-272, Sec. 101(2), substituted ``this 
title'' for ``this Act'', which for purposes of codification has been 
changed to ``this subchapter''.
    Subsec. (c)(1)(D). Pub. L. 89-272, Sec. 102(a), added subpar. (D).
    Subsec. (d)(3). Pub. L. 89-272, Sec. 101(2), substituted 
``subchapter'' for ``chapter''.
    Subsec. (f)(1). Pub. L. 89-272, Sec. 102(b), designated existing 
provisions as cl. (A) and added cl. (B).


                    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.


           United States-Canadian Negotiations on Air Quality

    Pub. L. 95-426, title VI, Sec. 612, Oct. 7, 1978, 92 Stat. 990, 
provided that:
    ``(a) The Congress finds that--
        ``(1) the United States and Canada share a common environment 
    along a 5,500 mile border;
        ``(2) the United States and Canada are both becoming 
    increasingly concerned about the effects of pollution, particularly 
    that resulting from power generation facilities, since the 
    facilities of each country affect the environment of the other;
        ``(3) the United States and Canada have subscribed to 
    international conventions; have joined in the environmental work of 
    the United Nations, the Organization for Economic Cooperation and 
    Development, and other international environmental forums; and have 
    entered into and implemented effectively the provisions of the 
    historic Boundary Waters Treaty of 1909; and
        ``(4) the United States and Canada have a tradition of 
    cooperative resolution of issues of mutual concern which is nowhere 
    more evident than in the environmental area.
    ``(b) It is the sense of the Congress that the President should make 
every effort to negotiate a cooperative agreement with the Government of 
Canada aimed at preserving the mutual airshed of the United States and 
Canada so as to protect and enhance air resources and insure the 
attainment and maintenance of air quality protective of public health 
and welfare.
    ``(c) It is further the sense of the Congress that the President, 
through the Secretary of State working in concert with interested 
Federal agencies and the affected States, should take whatever 
diplomatic actions appear necessary to reduce or eliminate any 
undesirable impact upon the United States and Canada resulting from air 
pollution from any source.''

                  Section Referred to in Other Sections

    This section is referred to in section 7410 of this title.
