
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: 42USC7571]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
          SUBCHAPTER II--EMISSION STANDARDS FOR MOVING SOURCES
 
                   Part B--Aircraft Emission Standards
 
Sec. 7571. Establishment of standards


(a) Study; proposed standards; hearings; issuance of regulations

    (1) Within 90 days after December 31, 1970, the Administrator shall 
commence a study and investigation of emissions of air pollutants from 
aircraft in order to determine--
        (A) the extent to which such emissions affect air quality in air 
    quality control regions throughout the United States, and
        (B) the technological feasibility of controlling such emissions.

    (2)(A) The Administrator shall, from time to time, issue proposed 
emission standards applicable to the emission of any air pollutant from 
any class or classes of aircraft engines which in his judgment causes, 
or contributes to, air pollution which may reasonably be anticipated to 
endanger public health or welfare.
    (B)(i) The Administrator shall consult with the Administrator of the 
Federal Aviation Administration on aircraft engine emission standards.
    (ii) The Administrator shall not change the aircraft engine emission 
standards if such change would significantly increase noise and 
adversely affect safety.
    (3) The Administrator shall hold public hearings with respect to 
such proposed standards. Such hearings shall, to the extent practicable, 
be held in air quality control regions which are most seriously affected 
by aircraft emissions. Within 90 days after the issuance of such 
proposed regulations, he shall issue such regulations with such 
modifications as he deems appropriate. Such regulations may be revised 
from time to time.

(b) Effective date of regulations

    Any regulation prescribed under this section (and any revision 
thereof) shall take effect after such period as the Administrator finds 
necessary (after consultation with the Secretary of Transportation) to 
permit the development and application of the requisite technology, 
giving appropriate consideration to the cost of compliance within such 
period.

(c) Regulations which create hazards to aircraft safety

    Any regulations in effect under this section on August 7, 1977, or 
proposed or promulgated thereafter, or amendments thereto, with respect 
to aircraft shall not apply if disapproved by the President, after 
notice and opportunity for public hearing, on the basis of a finding by 
the Secretary of Transportation that any such regulation would create a 
hazard to aircraft safety. Any such finding shall include a reasonably 
specific statement of the basis upon which the finding was made.

(July 14, 1955, ch. 360, title II, Sec. 231, as added Pub. L. 91-604, 
Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1703; amended Pub. L. 95-95, 
title II, Sec. 225, title IV, Sec. 401(f), Aug. 7, 1977, 91 Stat. 769, 
791; Pub. L. 104-264, title IV, Sec. 406(b), Oct. 9, 1996, 110 Stat. 
3257.)

                          Codification

    Section was formerly classified to section 1857f-9 of this title.


                               Amendments

    1996--Subsec. (a)(2). Pub. L. 104-264 designated existing provisions 
as subpar. (A) and added subpar. (B).
    1977--Subsec. (a)(2). Pub. L. 95-95, Sec. 401(f), substituted ``The 
Administrator shall, from time to time, issue proposed emission 
standards applicable to the emission of any air pollutant from any class 
or classes of aircraft engines which in his judgment causes, or 
contributes to, air pollution which may reasonably be anticipated to 
endanger public health or welfare'' for ``Within 180 days after 
commencing such study and investigation, the Administrator shall publish 
a report of such study and investigation and shall issue proposed 
emission standards applicable to emissions of any air pollutant from any 
class or classes of aircraft or aircraft engines which in his judgment 
cause or contribute to or are likely to cause or contribute to air 
pollution which endangers the public health or welfare''.
    Subsec. (c). Pub. L. 95-95, Sec. 225, substituted ``Any regulations 
in effect under this section on August 7, 1977, or proposed or 
promulgated thereafter, or amendments thereto, with respect to aircraft 
shall not apply if disapproved by the President, after notice and 
opportunity for public hearing, on the basis of a finding by the 
Secretary of Transportation that any such regulation would create a 
hazard to aircraft safety'' for ``Any regulations under this section, or 
amendments thereto, with respect to aircraft, shall be prescribed only 
after consultation with the Secretary of Transportation in order to 
assure appropriate consideration for aircraft safety'' and inserted 
provision that findings include a reasonably specific statement of the 
basis upon which the finding was made.


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of Title 49, Transportation.


                    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.


         Study and Investigation of Uninstalled Aircraft Engines

    Pub. L. 101-549, title II, Sec. 233, Nov. 15, 1990, 104 Stat. 2529, 
provided that:
    ``(a) Study.--The Administrator of the Environmental Protection 
Agency and the Secretary of Transportation, in consultation with the 
Secretary of Defense, shall commence a study and investigation of the 
testing of uninstalled aircraft engines in enclosed test cells that 
shall address at a minimum the following issues and such other issues as 
they shall deem appropriate--
        ``(1) whether technologies exist to control some or all 
    emissions of oxides of nitrogen from test cells;
        ``(2) the effectiveness of such technologies;
        ``(3) the cost of implementing such technologies;
        ``(4) whether such technologies affect the safety, design, 
    structure, operation, or performance of aircraft engines;
        ``(5) whether such technologies impair the effectiveness and 
    accuracy of aircraft engine safety design, and performance tests 
    conducted in test cells; and
        ``(6) the impact of not controlling such oxides of nitrogen in 
    the applicable nonattainment areas and on other sources, stationary 
    and mobile, on oxides of nitrogen in such areas.
    ``(b) Report, Authority To Regulate.--Not later than 24 months after 
enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990], the 
Administrator of the Environmental Protection Agency and the Secretary 
of Transportation shall submit to Congress a report of the study 
conducted under this section. Following the completion of such study, 
any of the States may adopt or enforce any standard for emissions of 
oxides of nitrogen from test cells only after issuing a public notice 
stating whether such standards are in accordance with the findings of 
the study.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7572, 7607, 7617 of this 
title; title 49 section 44714.
