
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: 42USC7418]

 
                 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. 7418. Control of pollution from Federal facilities


(a) General compliance

    Each department, agency, and instrumentality of the executive, 
legislative, and judicial branches of the Federal Government (1) having 
jurisdiction over any property or facility, or (2) engaged in any 
activity resulting, or which may result, in the discharge of air 
pollutants, and each officer, agent, or employee thereof, shall be 
subject to, and comply with, all Federal, State, interstate, and local 
requirements, administrative authority, and process and sanctions 
respecting the control and abatement of air pollution in the same 
manner, and to the same extent as any nongovernmental entity. The 
preceding sentence shall apply (A) to any requirement whether 
substantive or procedural (including any recordkeeping or reporting 
requirement, any requirement respecting permits and any other 
requirement whatsoever), (B) to any requirement to pay a fee or charge 
imposed by any State or local agency to defray the costs of its air 
pollution regulatory program, (C) to the exercise of any Federal, State, 
or local administrative authority, and (D) to any process and sanction, 
whether enforced in Federal, State, or local courts, or in any other 
manner. This subsection shall apply notwithstanding any immunity of such 
agencies, officers, agents, or employees under any law or rule of law. 
No officer, agent, or employee of the United States shall be personally 
liable for any civil penalty for which he is not otherwise liable.

(b) Exemption

    The President may exempt any emission source of any department, 
agency, or instrumentality in the executive branch from compliance with 
such a requirement if he determines it to be in the paramount interest 
of the United States to do so, except that no exemption may be granted 
from section 7411 of this title, and an exemption from section 7412 of 
this title may be granted only in accordance with section 7412(i)(4) of 
this title. No such exemption shall be granted due to lack of 
appropriation unless the President shall have specifically requested 
such appropriation as a part of the budgetary process and the Congress 
shall have failed to make available such requested appropriation. Any 
exemption shall be for a period not in excess of one year, but 
additional exemptions may be granted for periods of not to exceed one 
year upon the President's making a new determination. In addition to any 
such exemption of a particular emission source, the President may, if he 
determines it to be in the paramount interest of the United States to do 
so, issue regulations exempting from compliance with the requirements of 
this section any weaponry, equipment, aircraft, vehicles, or other 
classes or categories of property which are owned or operated by the 
Armed Forces of the United States (including the Coast Guard) or by the 
National Guard of any State and which are uniquely military in nature. 
The President shall reconsider the need for such regulations at three-
year intervals. The President shall report each January to the Congress 
all exemptions from the requirements of this section granted during the 
preceding calendar year, together with his reason for granting each such 
exemption.

(c) Government vehicles

    Each department, agency, and instrumentality of executive, 
legislative, and judicial branches of the Federal Government shall 
comply with all applicable provisions of a valid inspection and 
maintenance program established under the provisions of subpart 2 of 
part D of this subchapter or subpart 3 of part D of this subchapter 
except for such vehicles that are considered military tactical vehicles.

(d) Vehicles operated on Federal installations

    Each department, agency, and instrumentality of executive, 
legislative, and judicial branches of the Federal Government having 
jurisdiction over any property or facility shall require all employees 
which operate motor vehicles on the property or facility to furnish 
proof of compliance with the applicable requirements of any vehicle 
inspection and maintenance program established under the provisions of 
subpart 2 of part D of this subchapter or subpart 3 of part D of this 
subchapter for the State in which such property or facility is located 
(without regard to whether such vehicles are registered in the State). 
The installation shall use one of the following methods to establish 
proof of compliance--
        (1) presentation by the vehicle owner of a valid certificate of 
    compliance from the vehicle inspection and maintenance program;
        (2) presentation by the vehicle owner of proof of vehicle 
    registration within the geographic area covered by the vehicle 
    inspection and maintenance program (except for any program whose 
    enforcement mechanism is not through the denial of vehicle 
    registration);
        (3) another method approved by the vehicle inspection and 
    maintenance program administrator.

(July 14, 1955, ch. 360, title I, Sec. 118, formerly, Sec. 7, as added 
Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 399; renumbered 
Sec. 107, Pub. L. 89-272, title I, Sec. 101(3), Oct. 20, 1965, 79 Stat. 
992; renumbered Sec. 111 and amended Pub. L. 90-148, Sec. 2, Nov. 21, 
1967, 81 Stat. 499; renumbered Sec. 118 and amended Pub. L. 91-604, 
Secs. 4(a), 5, Dec. 31, 1970, 84 Stat. 1678, 1689; Pub. L. 95-95, title 
I, Sec. 116, Aug. 7, 1977, 91 Stat. 711; Pub. L. 101-549, title I, 
Sec. 101(e), title II, Sec. 235, title III, Sec. 302(d), Nov. 15, 1990, 
104 Stat. 2409, 2530, 2574.)

                          Codification

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


                               Amendments

    1990--Subsec. (a). Pub. L. 101-549, Sec. 235, inserted heading.
    Pub. L. 101-549, Sec. 101(e), amended second sentence generally. 
Prior to amendment, second sentence read as follows: ``The preceding 
sentence shall apply (A) to any requirement whether substantive or 
procedural (including any recordkeeping or reporting requirement, any 
requirement respecting permits and any other requirement whatsoever), 
(B) to the exercise of any Federal, State, or local administrative 
authority, and (C) to any process and sanction, whether enforced in 
Federal, State, or local courts or in any other manner.''
    Subsec. (b). Pub. L. 101-549, Sec. 302(d), substituted ``section 
7412(i)(4) of this title'' for ``section 7412(c) of this title''.
    Subsecs. (c), (d). Pub. L. 101-549, Sec. 235, added subsecs. (c) and 
(d).
    1977--Subsec. (a). Pub. L. 95-95, Sec. 116(a), designated existing 
first sentence as subsec. (a) and inserted provisions enumerating the 
legal and administrative areas to which the compliance requirements 
apply and directing that agencies, officers, agents, and employees not 
be immune and that officers, agents, or employees of the United States 
not be personally liable for civil penalties for which they are not 
otherwise liable.
    Subsec. (b). Pub. L. 95-95, Sec. 116(b), designated second and 
following existing sentences as subsec. (b) and inserted provisions 
authorizing the President to exempt weaponry, equipment, aircraft, 
vehicles, and other classes and categories of property of the Armed 
Forces and the National Guard from compliance but to reconsider the need 
for such an exemption at three-year intervals.
    1970--Pub. L. 91-604, Sec. 5, struck out lettered designations (a) 
and (b), and, as so redesignated, substituted provisions requiring 
Federal facilities to comply with Federal, State, local, and interstate 
air pollution control and abatement requirements and provisions 
authorizing the President to exempt, under the specified terms and 
conditions, any emission source of any department, etc., in the 
executive branch from compliance with control and abatement 
requirements, for provisions requiring, to the extent practicable and 
consistent with the interests of the United States and within any 
available appropriations, Federal facilities to cooperate with the 
Department of Health, Education, and Welfare and with any air pollution 
control agency to prevent and control air pollution and provisions 
authorizing the Secretary to establish classes of potential pollution 
sources for which any Federal department or agency having jurisdiction 
over any facility was required to obtain a permit, under the specified 
terms and conditions, for the discharge of any matter into the air of 
the United States.
    1967--Pub. L. 90-148 reenacted section without change.


                    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.


                     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 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.

                        Executive Order No. 11282

    Ex. Ord. No. 11282, May 26, 1966, 31 F.R. 7663, which provided for 
the prevention, control, and abatement of air pollution from Federal 
activities, was superseded by Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 
2573.

                        Executive Order No. 11507

    Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, which provided for 
the prevention, control, and abatement of air pollution at Federal 
facilities, was superseded by Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 
34793, formerly set out as a note under section 4331 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7410, 7423, 7604, 7671q of 
this title.
