
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: 42USC7601]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7601. Administration


(a) Regulations; delegation of powers and duties; regional officers and 
        employees

    (1) The Administrator is authorized to prescribe such regulations as 
are necessary to carry out his functions under this chapter. The 
Administrator may delegate to any officer or employee of the 
Environmental Protection Agency such of his powers and duties under this 
chapter, except the making of regulations subject to section 7607(d) of 
this title, as he may deem necessary or expedient.
    (2) Not later than one year after August 7, 1977, the Administrator 
shall promulgate regulations establishing general applicable procedures 
and policies for regional officers and employees (including the Regional 
Administrator) to follow in carrying out a delegation under paragraph 
(1), if any. Such regulations shall be designed--
        (A) to assure fairness and uniformity in the criteria, 
    procedures, and policies applied by the various regions in 
    implementing and enforcing the chapter;
        (B) to assure at least an adequate quality audit of each State's 
    performance and adherence to the requirements of this chapter in 
    implementing and enforcing the chapter, particularly in the review 
    of new sources and in enforcement of the chapter; and
        (C) to provide a mechanism for identifying and standardizing 
    inconsistent or varying criteria, procedures, and policies being 
    employed by such officers and employees in implementing and 
    enforcing the chapter.

(b) Detail of Environmental Protection Agency personnel to air pollution 
        control agencies

    Upon the request of an air pollution control agency, personnel of 
the Environmental Protection Agency may be detailed to such agency for 
the purpose of carrying out the provisions of this chapter.

(c) Payments under grants; installments; advances or reimbursements

    Payments under grants made under this chapter may be made in 
installments, and in advance or by way of reimbursement, as may be 
determined by the Administrator.

(d) Tribal authority

    (1) Subject to the provisions of paragraph (2), the Administrator--
        (A) is authorized to treat Indian tribes as States under this 
    chapter, except for purposes of the requirement that makes available 
    for application by each State no less than one-half of 1 percent of 
    annual appropriations under section 7405 of this title; and
        (B) may provide any such Indian tribe grant and contract 
    assistance to carry out functions provided by this chapter.

    (2) The Administrator shall promulgate regulations within 18 months 
after November 15, 1990, specifying those provisions of this chapter for 
which it is appropriate to treat Indian tribes as States. Such treatment 
shall be authorized only if--
        (A) the Indian tribe has a governing body carrying out 
    substantial governmental duties and powers;
        (B) the functions to be exercised by the Indian tribe pertain to 
    the management and protection of air resources within the exterior 
    boundaries of the reservation or other areas within the tribe's 
    jurisdiction; and
        (C) the Indian tribe is reasonably expected to be capable, in 
    the judgment of the Administrator, of carrying out the functions to 
    be exercised in a manner consistent with the terms and purposes of 
    this chapter and all applicable regulations.

    (3) The Administrator may promulgate regulations which establish the 
elements of tribal implementation plans and procedures for approval or 
disapproval of tribal implementation plans and portions thereof.
    (4) In any case in which the Administrator determines that the 
treatment of Indian tribes as identical to States is inappropriate or 
administratively infeasible, the Administrator may provide, by 
regulation, other means by which the Administrator will directly 
administer such provisions so as to achieve the appropriate purpose.
    (5) Until such time as the Administrator promulgates regulations 
pursuant to this subsection, the Administrator may continue to provide 
financial assistance to eligible Indian tribes under section 7405 of 
this title.

(July 14, 1955, ch. 360, title III, Sec. 301, formerly Sec. 8, as added 
Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400, renumbered Pub. L. 
89-272, title I, Sec. 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. 
L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 504; Pub. L. 91-604, 
Secs. 3(b)(2), 15(c)(2), Dec. 31, 1970, 84 Stat. 1677, 1713; Pub. L. 95-
95, title III, Sec. 305(e), Aug. 7, 1977, 91 Stat. 776; Pub. L. 101-549, 
title I, Secs. 107(d), 108(i), Nov. 15, 1990, 104 Stat. 2464, 2467.)

                          Codification

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


                               Amendments

    1990--Subsec. (a)(1). Pub. L. 101-549, Sec. 108(i), inserted 
``subject to section 7607(d) of this title'' after ``regulations''.
    Subsec. (d). Pub. L. 101-549, Sec. 107(d), added subsec. (d).
    1977--Subsec. (a). Pub. L. 95-95 designated existing provisions as 
par. (1) and added par. (2).
    1970--Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted 
``Administrator'' for ``Secretary'' and ``Environmental Protection 
Agency'' for ``Department of Health, Education, and Welfare''.
    Subsec. (b). Pub. L. 91-604, Sec. 3(b)(2), substituted 
``Environmental Protection Agency'' for ``Public Health Service'' and 
struck out provisions covering the payment of salaries and allowances.
    Subsec. (c). Pub. L. 91-604, Sec. 15(c)(2), substituted 
``Administrator'' for ``Secretary''.
    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.


       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.


        Disadvantaged Business Concerns; Use of Quotas Prohibited

    Title X of Pub. L. 101-549 provided that:
``SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.
    ``(a) In General.--In providing for any research relating to the 
requirements of the amendments made by the Clean Air Act Amendments of 
1990 [Pub. L. 101-549, see Tables for classification] which uses funds 
of the Environmental Protection Agency, the Administrator of the 
Environmental Protection Agency shall, to the extent practicable, 
require that not less than 10 percent of total Federal funding for such 
research will be made available to disadvantaged business concerns.
    ``(b) Definition.--
        ``(1)(A) For purposes of subsection (a), the term `disadvantaged 
    business concern' means a concern--
            ``(i) which is at least 51 percent owned by one or more 
        socially and economically disadvantaged individuals or, in the 
        case of a publicly traded company, at least 51 percent of the 
        stock of which is owned by one or more socially and economically 
        disadvantaged individuals; and
            ``(ii) the management and daily business operations of which 
        are controlled by such individuals.
        ``(B)(i) A for-profit business concern is presumed to be a 
    disadvantaged business concern for purposes of subsection (a) if it 
    is at least 51 percent owned by, or in the case of a concern which 
    is a publicly traded company at least 51 percent of the stock of the 
    company is owned by, one or more individuals who are members of the 
    following groups:
            ``(I) Black Americans.
            ``(II) Hispanic Americans.
            ``(III) Native Americans.
            ``(IV) Asian Americans.
            ``(V) Women.
            ``(VI) Disabled Americans.
        ``(ii) The presumption established by clause (i) may be rebutted 
    with respect to a particular business concern if it is reasonably 
    established that the individual or individuals referred to in that 
    clause with respect to that business concern are not experiencing 
    impediments to establishing or developing such concern as a result 
    of the individual's identification as a member of a group specified 
    in that clause.
        ``(C) The following institutions are presumed to be 
    disadvantaged business concerns for purposes of subsection (a):
            ``(i) Historically black colleges and universities, and 
        colleges and universities having a student body in which 40 
        percent of the students are Hispanic.
            ``(ii) Minority institutions (as that term is defined by the 
        Secretary of Education pursuant to the General Education 
        Provision Act (20 U.S.C. 1221 et seq.)).
            ``(iii) Private and voluntary organizations controlled by 
        individuals who are socially and economically disadvantaged.
        ``(D) A joint venture may be considered to be a disadvantaged 
    business concern under subsection (a), notwithstanding the size of 
    such joint venture, if--
            ``(i) a party to the joint venture is a disadvantaged 
        business concern; and
            ``(ii) that party owns at least 51 percent of the joint 
        venture.
    A person who is not an economically disadvantaged individual or a 
    disadvantaged business concern, as a party to a joint venture, may 
    not be a party to more than 2 awarded contracts in a fiscal year 
    solely by reason of this subparagraph.
        ``(E) Nothing in this paragraph shall prohibit any member of a 
    racial or ethnic group that is not listed in subparagraph (B)(i) 
    from establishing that they have been impeded in establishing or 
    developing a business concern as a result of racial or ethnic 
    discrimination.
    ``Sec. 1002. Use of Quotas Prohibited.--Nothing in this title shall 
permit or require the use of quotas or a requirement that has the effect 
of a quota in determining eligibility under section 1001.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7405, 7410, 7602 of this 
title.
