
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: 42USC7492]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
     Part C--Prevention of Significant Deterioration of Air Quality
 
                    subpart ii--visibility protection
 
Sec. 7492. Visibility


(a) Studies

    (1) The Administrator, in conjunction with the National Park Service 
and other appropriate Federal agencies, shall conduct research to 
identify and evaluate sources and source regions of both visibility 
impairment and regions that provide predominantly clean air in class I 
areas. A total of $8,000,000 per year for 5 years is authorized to be 
appropriated for the Environmental Protection Agency and the other 
Federal agencies to conduct this research. The research shall include--
        (A) expansion of current visibility related monitoring in class 
    I areas;
        (B) assessment of current sources of visibility impairing 
    pollution and clean air corridors;
        (C) adaptation of regional air quality models for the assessment 
    of visibility;
        (D) studies of atmospheric chemistry and physics of visibility.

    (2) Based on the findings available from the research required in 
subsection (a)(1) of this section as well as other available scientific 
and technical data, studies, and other available information pertaining 
to visibility source-receptor relationships, the Administrator shall 
conduct an assessment and evaluation that identifies, to the extent 
possible, sources and source regions of visibility impairment including 
natural sources as well as source regions of clear air for class I 
areas. The Administrator shall produce interim findings from this study 
within 3 years after November 15, 1990.

(b) Impacts of other provisions

    Within 24 months after November 15, 1990, the Administrator shall 
conduct an assessment of the progress and improvements in visibility in 
class I areas that are likely to result from the implementation of the 
provisions of the Clean Air Act Amendments of 1990 other than the 
provisions of this section. Every 5 years thereafter the Administrator 
shall conduct an assessment of actual progress and improvement in 
visibility in class I areas. The Administrator shall prepare a written 
report on each assessment and transmit copies of these reports to the 
appropriate committees of Congress.

(c) Establishment of visibility transport regions and commissions

       (1) Authority to establish visibility transport regions

        Whenever, upon the Administrator's motion or by petition from 
    the Governors of at least two affected States, the Administrator has 
    reason to believe that the current or projected interstate transport 
    of air pollutants from one or more States contributes significantly 
    to visibility impairment in class I areas located in the affected 
    States, the Administrator may establish a transport region for such 
    pollutants that includes such States. The Administrator, upon the 
    Administrator's own motion or upon petition from the Governor of any 
    affected State, or upon the recommendations of a transport 
    commission established under subsection (b) of this section \1\ 
    may--
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    \1\ So in original. Words ``subsection (b) of this section'' 
probably should be ``paragraph (2)''.
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            (A) add any State or portion of a State to a visibility 
        transport region when the Administrator determines that the 
        interstate transport of air pollutants from such State 
        significantly contributes to visibility impairment in a class I 
        area located within the transport region, or
            (B) remove any State or portion of a State from the region 
        whenever the Administrator has reason to believe that the 
        control of emissions in that State or portion of the State 
        pursuant to this section will not significantly contribute to 
        the protection or enhancement of visibility in any class I area 
        in the region.

                (2) Visibility transport commissions

        Whenever the Administrator establishes a transport region under 
    subsection (c)(1) of this section, the Administrator shall establish 
    a transport commission comprised of (as a minimum) each of the 
    following members:
            (A) the Governor of each State in the Visibility Transport 
        Region, or the Governor's designee;
            (B) The \2\ Administrator or the Administrator's designee; 
        and
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    \2\ So in original. Probably should not be capitalized.
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            (C) A \2\ representative of each Federal agency charged with 
        the direct management of each class I area or areas within the 
        Visibility Transport Region.

                       (3) Ex officio members

        All representatives of the Federal Government shall be ex 
    officio members.

                 (4) Federal Advisory Committee Act

        The visibility transport commissions shall be exempt from the 
    requirements of the Federal Advisory Committee Act [5 U.S.C. App.].

(d) Duties of visibility transport commissions

    A Visibility Transport Commission--
        (1) shall assess the scientific and technical data, studies, and 
    other currently available information, including studies conducted 
    pursuant to subsection (a)(1) of this section, pertaining to adverse 
    impacts on visibility from potential or projected growth in 
    emissions from sources located in the Visibility Transport Region; 
    and
        (2) shall, within 4 years of establishment, issue a report to 
    the Administrator recommending what measures, if any, should be 
    taken under this chapter to remedy such adverse impacts. The report 
    required by this subsection shall address at least the following 
    measures:
            (A) the establishment of clean air corridors, in which 
        additional restrictions on increases in emissions may be 
        appropriate to protect visibility in affected class I areas;
            (B) the imposition of the requirements of part D of this 
        subchapter affecting the construction of new major stationary 
        sources or major modifications to existing sources in such clean 
        air corridors specifically including the alternative siting 
        analysis provisions of section 7503(a)(5) of this title; and
            (C) the promulgation of regulations under section 7491 of 
        this title to address long range strategies for addressing 
        regional haze which impairs visibility in affected class I 
        areas.

(e) Duties of Administrator

    (1) The Administrator shall, taking into account the studies 
pursuant to subsection (a)(1) of this section and the reports pursuant 
to subsection (d)(2) of this section and any other relevant information, 
within eighteen months of receipt of the report referred to in 
subsection (d)(2) of this section, carry out the Administrator's 
regulatory responsibilities under section 7491 of this title, including 
criteria for measuring ``reasonable progress'' toward the national goal.
    (2) Any regulations promulgated under section 7491 of this title 
pursuant to this subsection shall require affected States to revise 
within 12 months their implementation plans under section 7410 of this 
title to contain such emission limits, schedules of compliance, and 
other measures as may be necessary to carry out regulations promulgated 
pursuant to this subsection.

(f) Grand Canyon visibility transport commission

    The Administrator pursuant to subsection (c)(1) of this section 
shall, within 12 months, establish a visibility transport commission for 
the region affecting the visibility of the Grand Canyon National Park.

(July 14, 1955, ch. 360, title I, Sec. 169B, as added Pub. L. 101-549, 
title VIII, Sec. 816, Nov. 15, 1990, 104 Stat. 2695.)

                       References in Text

    The Clean Air Act Amendments of 1990, referred to in subsec. (b), 
probably means Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 7401 of this title and Tables.
    The Federal Advisory Committee Act, referred to in subsec. (c)(4), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.
