
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: 42USC7607]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7607. Administrative proceedings and judicial review


(a) Administrative subpenas; confidentiality; witnesses

    In connection with any determination under section 7410(f) of this 
title, or for purposes of obtaining information under section 7521(b)(4) 
\1\ or 7545(c)(3) of this title, any investigation, monitoring, 
reporting requirement, entry, compliance inspection, or administrative 
enforcement proceeding under the \2\ chapter (including but not limited 
to section 7413, section 7414, section 7420, section 7429, section 7477, 
section 7524, section 7525, section 7542, section 7603, or section 7606 
of this title),,\3\ the Administrator may issue subpenas for the 
attendance and testimony of witnesses and the production of relevant 
papers, books, and documents, and he may administer oaths. Except for 
emission data, upon a showing satisfactory to the Administrator by such 
owner or operator that such papers, books, documents, or information or 
particular part thereof, if made public, would divulge trade secrets or 
secret processes of such owner or operator, the Administrator shall 
consider such record, report, or information or particular portion 
thereof confidential in accordance with the purposes of section 1905 of 
title 18, except that such paper, book, document, or information may be 
disclosed to other officers, employees, or authorized representatives of 
the United States concerned with carrying out this chapter, to persons 
carrying out the National Academy of Sciences' study and investigation 
provided for in section 7521(c) of this title, or when relevant in any 
proceeding under this chapter. Witnesses summoned shall be paid the same 
fees and mileage that are paid witnesses in the courts of the United 
States. In case of contumacy or refusal to obey a subpena served upon 
any person under this subparagraph, the district court of the United 
States for any district in which such person is found or resides or 
transacts business, upon application by the United States and after 
notice to such person, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony before the 
Administrator to appear and produce papers, books, and documents before 
the Administrator, or both, and any failure to obey such order of the 
court may be punished by such court as a contempt thereof.
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    \1\ See References in Text note below.
    \2\ So in original. Probably should be ``this''.
    \3\ So in original.
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(b) Judicial review

    (1) A petition for review of action of the Administrator in 
promulgating any national primary or secondary ambient air quality 
standard, any emission standard or requirement under section 7412 of 
this title, any standard of performance or requirement under section 
7411 of this title, any standard under section 7521 of this title (other 
than a standard required to be prescribed under section 7521(b)(1) of 
this title), any determination under section 7521(b)(5) \1\ of this 
title, any control or prohibition under section 7545 of this title, any 
standard under section 7571 of this title, any rule issued under section 
7413, 7419, or under section 7420 of this title, or any other nationally 
applicable regulations promulgated, or final action taken, by the 
Administrator under this chapter may be filed only in the United States 
Court of Appeals for the District of Columbia. A petition for review of 
the Administrator's action in approving or promulgating any 
implementation plan under section 7410 of this title or section 7411(d) 
of this title, any order under section 7411(j) of this title, under 
section 7412 of this title,,\3\ under section 7419 of this title, or 
under section 7420 of this title, or his action under section 1857c-
10(c)(2)(A), (B), or (C) of this title (as in effect before August 7, 
1977) or under regulations thereunder, or revising regulations for 
enhanced monitoring and compliance certification programs under section 
7414(a)(3) of this title, or any other final action of the Administrator 
under this chapter (including any denial or disapproval by the 
Administrator under subchapter I of this chapter) which is locally or 
regionally applicable may be filed only in the United States Court of 
Appeals for the appropriate circuit. Notwithstanding the preceding 
sentence a petition for review of any action referred to in such 
sentence may be filed only in the United States Court of Appeals for the 
District of Columbia if such action is based on a determination of 
nationwide scope or effect and if in taking such action the 
Administrator finds and publishes that such action is based on such a 
determination. Any petition for review under this subsection shall be 
filed within sixty days from the date notice of such promulgation, 
approval, or action appears in the Federal Register, except that if such 
petition is based solely on grounds arising after such sixtieth day, 
then any petition for review under this subsection shall be filed within 
sixty days after such grounds arise. The filing of a petition for 
reconsideration by the Administrator of any otherwise final rule or 
action shall not affect the finality of such rule or action for purposes 
of judicial review nor extend the time within which a petition for 
judicial review of such rule or action under this section may be filed, 
and shall not postpone the effectiveness of such rule or action.
    (2) Action of the Administrator with respect to which review could 
have been obtained under paragraph (1) shall not be subject to judicial 
review in civil or criminal proceedings for enforcement. Where a final 
decision by the Administrator defers performance of any nondiscretionary 
statutory action to a later time, any person may challenge the deferral 
pursuant to paragraph (1).

(c) Additional evidence

    In any judicial proceeding in which review is sought of a 
determination under this chapter required to be made on the record after 
notice and opportunity for hearing, if any party applies to the court 
for leave to adduce additional evidence, and shows to the satisfaction 
of the court that such additional evidence is material and that there 
were reasonable grounds for the failure to adduce such evidence in the 
proceeding before the Administrator, the court may order such additional 
evidence (and evidence in rebuttal thereof) to be taken before the 
Administrator, in such manner and upon such terms and conditions as to 
\4\ the court may deem proper. The Administrator may modify his findings 
as to the facts, or make new findings, by reason of the additional 
evidence so taken and he shall file such modified or new findings, and 
his recommendation, if any, for the modification or setting aside of his 
original determination, with the return of such additional evidence.
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    \4\ So in original. The word ``to'' probably should not appear.
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(d) Rulemaking

    (1) This subsection applies to--
        (A) the promulgation or revision of any national ambient air 
    quality standard under section 7409 of this title,
        (B) the promulgation or revision of an implementation plan by 
    the Administrator under section 7410(c) of this title,
        (C) the promulgation or revision of any standard of performance 
    under section 7411 of this title, or emission standard or limitation 
    under section 7412(d) of this title, any standard under section 
    7412(f) of this title, or any regulation under section 7412(g)(1)(D) 
    and (F) of this title, or any regulation under section 7412(m) or 
    (n) of this title,
        (D) the promulgation of any requirement for solid waste 
    combustion under section 7429 of this title,
        (E) the promulgation or revision of any regulation pertaining to 
    any fuel or fuel additive under section 7545 of this title,
        (F) the promulgation or revision of any aircraft emission 
    standard under section 7571 of this title,
        (G) the promulgation or revision of any regulation under 
    subchapter IV-A of this chapter (relating to control of acid 
    deposition),
        (H) promulgation or revision of regulations pertaining to 
    primary nonferrous smelter orders under section 7419 of this title 
    (but not including the granting or denying of any such order),
        (I) promulgation or revision of regulations under subchapter VI 
    of this chapter (relating to stratosphere and ozone protection),
        (J) promulgation or revision of regulations under part C of 
    subchapter I of this chapter (relating to prevention of significant 
    deterioration of air quality and protection of visibility),
        (K) promulgation or revision of regulations under section 7521 
    of this title and test procedures for new motor vehicles or engines 
    under section 7525 of this title, and the revision of a standard 
    under section 7521(a)(3) of this title,
        (L) promulgation or revision of regulations for noncompliance 
    penalties under section 7420 of this title,
        (M) promulgation or revision of any regulations promulgated 
    under section 7541 of this title (relating to warranties and 
    compliance by vehicles in actual use),
        (N) action of the Administrator under section 7426 of this title 
    (relating to interstate pollution abatement),
        (O) the promulgation or revision of any regulation pertaining to 
    consumer and commercial products under section 7511b(e) of this 
    title,
        (P) the promulgation or revision of any regulation pertaining to 
    field citations under section 7413(d)(3) of this title,
        (Q) the promulgation or revision of any regulation pertaining to 
    urban buses or the clean-fuel vehicle, clean-fuel fleet, and clean 
    fuel programs under part C of subchapter II of this chapter,
        (R) the promulgation or revision of any regulation pertaining to 
    nonroad engines or nonroad vehicles under section 7547 of this 
    title,
        (S) the promulgation or revision of any regulation relating to 
    motor vehicle compliance program fees under section 7552 of this 
    title,
        (T) the promulgation or revision of any regulation under 
    subchapter IV-A of this chapter (relating to acid deposition),
        (U) the promulgation or revision of any regulation under section 
    7511b(f) of this title pertaining to marine vessels, and
        (V) such other actions as the Administrator may determine.

The provisions of section 553 through 557 and section 706 of title 5 
shall not, except as expressly provided in this subsection, apply to 
actions to which this subsection applies. This subsection shall not 
apply in the case of any rule or circumstance referred to in 
subparagraphs (A) or (B) of subsection 553(b) of title 5.
    (2) Not later than the date of proposal of any action to which this 
subsection applies, the Administrator shall establish a rulemaking 
docket for such action (hereinafter in this subsection referred to as a 
``rule''). Whenever a rule applies only within a particular State, a 
second (identical) docket shall be simultaneously established in the 
appropriate regional office of the Environmental Protection Agency.
    (3) In the case of any rule to which this subsection applies, notice 
of proposed rulemaking shall be published in the Federal Register, as 
provided under section 553(b) of title 5, shall be accompanied by a 
statement of its basis and purpose and shall specify the period 
available for public comment (hereinafter referred to as the ``comment 
period''). The notice of proposed rulemaking shall also state the docket 
number, the location or locations of the docket, and the times it will 
be open to public inspection. The statement of basis and purpose shall 
include a summary of--
        (A) the factual data on which the proposed rule is based;
        (B) the methodology used in obtaining the data and in analyzing 
    the data; and
        (C) the major legal interpretations and policy considerations 
    underlying the proposed rule.

The statement shall also set forth or summarize and provide a reference 
to any pertinent findings, recommendations, and comments by the 
Scientific Review Committee established under section 7409(d) of this 
title and the National Academy of Sciences, and, if the proposal differs 
in any important respect from any of these recommendations, an 
explanation of the reasons for such differences. All data, information, 
and documents referred to in this paragraph on which the proposed rule 
relies shall be included in the docket on the date of publication of the 
proposed rule.
    (4)(A) The rulemaking docket required under paragraph (2) shall be 
open for inspection by the public at reasonable times specified in the 
notice of proposed rulemaking. Any person may copy documents contained 
in the docket. The Administrator shall provide copying facilities which 
may be used at the expense of the person seeking copies, but the 
Administrator may waive or reduce such expenses in such instances as the 
public interest requires. Any person may request copies by mail if the 
person pays the expenses, including personnel costs to do the copying.
    (B)(i) Promptly upon receipt by the agency, all written comments and 
documentary information on the proposed rule received from any person 
for inclusion in the docket during the comment period shall be placed in 
the docket. The transcript of public hearings, if any, on the proposed 
rule shall also be included in the docket promptly upon receipt from the 
person who transcribed such hearings. All documents which become 
available after the proposed rule has been published and which the 
Administrator determines are of central relevance to the rulemaking 
shall be placed in the docket as soon as possible after their 
availability.
    (ii) The drafts of proposed rules submitted by the Administrator to 
the Office of Management and Budget for any interagency review process 
prior to proposal of any such rule, all documents accompanying such 
drafts, and all written comments thereon by other agencies and all 
written responses to such written comments by the Administrator shall be 
placed in the docket no later than the date of proposal of the rule. The 
drafts of the final rule submitted for such review process prior to 
promulgation and all such written comments thereon, all documents 
accompanying such drafts, and written responses thereto shall be placed 
in the docket no later than the date of promulgation.
    (5) In promulgating a rule to which this subsection applies (i) the 
Administrator shall allow any person to submit written comments, data, 
or documentary information; (ii) the Administrator shall give interested 
persons an opportunity for the oral presentation of data, views, or 
arguments, in addition to an opportunity to make written submissions; 
(iii) a transcript shall be kept of any oral presentation; and (iv) the 
Administrator shall keep the record of such proceeding open for thirty 
days after completion of the proceeding to provide an opportunity for 
submission of rebuttal and supplementary information.
    (6)(A) The promulgated rule shall be accompanied by (i) a statement 
of basis and purpose like that referred to in paragraph (3) with respect 
to a proposed rule and (ii) an explanation of the reasons for any major 
changes in the promulgated rule from the proposed rule.
    (B) The promulgated rule shall also be accompanied by a response to 
each of the significant comments, criticisms, and new data submitted in 
written or oral presentations during the comment period.
    (C) The promulgated rule may not be based (in part or whole) on any 
information or data which has not been placed in the docket as of the 
date of such promulgation.
    (7)(A) The record for judicial review shall consist exclusively of 
the material referred to in paragraph (3), clause (i) of paragraph 
(4)(B), and subparagraphs (A) and (B) of paragraph (6).
    (B) Only an objection to a rule or procedure which was raised with 
reasonable specificity during the period for public comment (including 
any public hearing) may be raised during judicial review. If the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within such time or if the grounds 
for such objection arose after the period for public comment (but within 
the time specified for judicial review) and if such objection is of 
central relevance to the outcome of the rule, the Administrator shall 
convene a proceeding for reconsideration of the rule and provide the 
same procedural rights as would have been afforded had the information 
been available at the time the rule was proposed. If the Administrator 
refuses to convene such a proceeding, such person may seek review of 
such refusal in the United States court of appeals for the appropriate 
circuit (as provided in subsection (b) of this section). Such 
reconsideration shall not postpone the effectiveness of the rule. The 
effectiveness of the rule may be stayed during such reconsideration, 
however, by the Administrator or the court for a period not to exceed 
three months.
    (8) The sole forum for challenging procedural determinations made by 
the Administrator under this subsection shall be in the United States 
court of appeals for the appropriate circuit (as provided in subsection 
(b) of this section) at the time of the substantive review of the rule. 
No interlocutory appeals shall be permitted with respect to such 
procedural determinations. In reviewing alleged procedural errors, the 
court may invalidate the rule only if the errors were so serious and 
related to matters of such central relevance to the rule that there is a 
substantial likelihood that the rule would have been significantly 
changed if such errors had not been made.
    (9) In the case of review of any action of the Administrator to 
which this subsection applies, the court may reverse any such action 
found to be--
        (A) arbitrary, capricious, an abuse of discretion, or otherwise 
    not in accordance with law;
        (B) contrary to constitutional right, power, privilege, or 
    immunity;
        (C) in excess of statutory jurisdiction, authority, or 
    limitations, or short of statutory right; or
        (D) without observance of procedure required by law, if (i) such 
    failure to observe such procedure is arbitrary or capricious, (ii) 
    the requirement of paragraph (7)(B) has been met, and (iii) the 
    condition of the last sentence of paragraph (8) is met.

    (10) Each statutory deadline for promulgation of rules to which this 
subsection applies which requires promulgation less than six months 
after date of proposal may be extended to not more than six months after 
date of proposal by the Administrator upon a determination that such 
extension is necessary to afford the public, and the agency, adequate 
opportunity to carry out the purposes of this subsection.
    (11) The requirements of this subsection shall take effect with 
respect to any rule the proposal of which occurs after ninety days after 
August 7, 1977.

(e) Other methods of judicial review not authorized

    Nothing in this chapter shall be construed to authorize judicial 
review of regulations or orders of the Administrator under this chapter, 
except as provided in this section.

(f) Costs

    In any judicial proceeding under this section, the court may award 
costs of litigation (including reasonable attorney and expert witness 
fees) whenever it determines that such award is appropriate.

(g) Stay, injunction, or similar relief in proceedings relating to 
        noncompliance penalties

    In any action respecting the promulgation of regulations under 
section 7420 of this title or the administration or enforcement of 
section 7420 of this title no court shall grant any stay, injunctive, or 
similar relief before final judgment by such court in such action.

(h) Public participation

    It is the intent of Congress that, consistent with the policy of 
subchapter II of chapter 5 of title 5, the Administrator in promulgating 
any regulation under this chapter, including a regulation subject to a 
deadline, shall ensure a reasonable period for public participation of 
at least 30 days, except as otherwise expressly provided in section \5\ 
7407(d), 7502(a), 7511(a) and (b), and 7512(a) and (b) of this title.
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    \5\ So in original. Probably should be ``sections''.
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(July 14, 1955, ch. 360, title III, Sec. 307, as added Pub. L. 91-604, 
Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 92-157, title 
III, Sec. 302(a), Nov. 18, 1971, 85 Stat. 464; Pub. L. 93-319, 
Sec. 6(c), June 22, 1974, 88 Stat. 259; Pub. L. 95-95, title III, 
Secs. 303(d), 305(a), (c), (f)-(h), Aug. 7, 1977, 91 Stat. 772, 776, 
777; Pub. L. 95-190, Sec. 14(a)(79), (80), Nov. 16, 1977, 91 Stat. 1404; 
Pub. L. 101-549, title I, Secs. 108(p), 110(5), title III, Sec. 302(g), 
(h), title VII, Secs. 702(c), 703, 706, 707(h), 710(b), Nov. 15, 1990, 
104 Stat. 2469, 2470, 2574, 2681-2684.)

                       References in Text

    Section 7521(b)(4) of this title, referred to in subsec. (a), was 
repealed by Pub. L. 101-549, title II, Sec. 203(2), Nov. 15, 1990, 104 
Stat. 2529.
    Section 7521(b)(5) of this title, referred to in subsec. (b)(1), was 
repealed by Pub. L. 101-549, title II, Sec. 203(3), Nov. 15, 1990, 104 
Stat. 2529.
    Section 1857c-10(c)(2)(A), (B), or (C) of this title (as in effect 
before August 7, 1977), referred to in subsec. (b)(1), was in the 
original ``section 119(c)(2)(A), (B), or (C) (as in effect before the 
date of enactment of the Clean Air Act Amendments of 1977)'', meaning 
section 119 of act July 14, 1955, ch. 360, title I, as added June 22, 
1974, Pub. L. 93-319, Sec. 3, 88 Stat. 248, (which was classified to 
section 1857c-10 of this title) as in effect prior to the enactment of 
Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 691, effective Aug. 7, 1977. 
Section 112(b)(1) of Pub. L. 95-95 repealed section 119 of act July 14, 
1955, ch. 360, title I, as added by Pub. L. 93-319, and provided that 
all references to such section 119 in any subsequent enactment which 
supersedes Pub. L. 93-319 shall be construed to refer to section 113(d) 
of the Clean Air Act and to paragraph (5) thereof in particular which is 
classified to subsec. (d)(5) of section 7413 of this title. Section 
7413(d) of this title was subsequently amended generally by Pub. L. 101-
549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and, as so 
amended, no longer relates to final compliance orders. Section 117(b) of 
Pub. L. 95-95 added a new section 119 of act July 14, 1955, which is 
classified to section 7419 of this title.
    Part C of subchapter I of this chapter, referred to in subsec. 
(d)(1)(J), was in the original ``subtitle C of title I'', and was 
translated as reading ``part C of title I'' to reflect the probable 
intent of Congress, because title I does not contain subtitles.

                          Codification

    In subsec. (h), ``subchapter II of chapter 5 of title 5'' was 
substituted for ``the Administrative Procedures Act'' on authority of 
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first 
section of which enacted Title 5, Government Organization and Employees.
    Section was formerly classified to section 1857h-5 of this title.


                            Prior Provisions

    A prior section 307 of act July 14, 1955, was renumbered section 314 
by Pub. L. 91-604 and is classified to section 7614 of this title.
    Another prior section 307 of act July 14, 1955, ch. 360, title III, 
formerly Sec. 14, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1, 77 
Stat. 401, was renumbered section 307 by Pub. L. 89-272, renumbered 
section 310 by Pub. L. 90-148, and renumbered section 317 by Pub. L. 91-
604, and is set out as a Short Title note under section 7401 of this 
title.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-549, Sec. 703, struck out par. (1) 
designation at beginning, inserted provisions authorizing issuance of 
subpoenas and administration of oaths for purposes of investigations, 
monitoring, reporting requirements, entries, compliance inspections, or 
administrative enforcement proceedings under this chapter, and struck 
out ``or section 7521(b)(5)'' after ``section 7410(f)''.
    Subsec. (b)(1). Pub. L. 101-549, Sec. 706, struck out ``under 
section 7413(d) of this title'' before ``, under section 7419 of this 
title'' and inserted at end: ``The filing of a petition for 
reconsideration by the Administrator of any otherwise final rule or 
action shall not affect the finality of such rule or action for purposes 
of judicial review nor extend the time within which a petition for 
judicial review of such rule or action under this section may be filed, 
and shall not postpone the effectiveness of such rule or action.''
    Pub. L. 101-549, Sec. 702(c), inserted ``or revising regulations for 
enhanced monitoring and compliance certification programs under section 
7414(a)(3) of this title,'' before ``or any other final action of the 
Administrator''.
    Pub. L. 101-549, Sec. 302(g), substituted ``section 7412'' for 
``section 7412(c)''.
    Subsec. (b)(2). Pub. L. 101-549, Sec. 707(h), inserted sentence at 
end authorizing challenge to deferrals of performance of 
nondiscretionary statutory actions.
    Subsec. (d)(1)(C). Pub. L. 101-549, Sec. 110(5)(A), amended subpar. 
(C) generally. Prior to amendment, subpar. (C) read as follows: ``the 
promulgation or revision of any standard of performance under section 
7411 of this title or emission standard under section 7412 of this 
title,''.
    Subsec. (d)(1)(D), (E). Pub. L. 101-549, Sec. 302(h), added subpar. 
(D) and redesignated former subpar. (D) as (E). Former subpar. (E) 
redesignated (F).
    Subsec. (d)(1)(F). Pub. L. 101-549, Sec. 302(h), redesignated 
subpar. (E) as (F). Former subpar. (F) redesignated (G).
    Pub. L. 101-549, Sec. 110(5)(B), amended subpar. (F) generally. 
Prior to amendment, subpar. (F) read as follows: ``promulgation or 
revision of regulations pertaining to orders for coal conversion under 
section 7413(d)(5) of this title (but not including orders granting or 
denying any such orders),''.
    Subsec. (d)(1)(G), (H). Pub. L. 101-549, Sec. 302(h), redesignated 
subpars. (F) and (G) as (G) and (H), respectively. Former subpar. (H) 
redesignated (I).
    Subsec. (d)(1)(I). Pub. L. 101-549, Sec. 710(b), which directed that 
subpar. (H) be amended by substituting ``subchapter VI of this chapter'' 
for ``part B of subchapter I of this chapter'', was executed by making 
the substitution in subpar. (I), to reflect the probable intent of 
Congress and the intervening redesignation of subpar. (H) as (I) by Pub. 
L. 101-549, Sec. 302(h), see below.
    Pub. L. 101-549, Sec. 302(h), redesignated subpar. (H) as (I). 
Former subpar. (I) redesignated (J).
    Subsec. (d)(1)(J) to (M). Pub. L. 101-549, Sec. 302(h), redesignated 
subpars. (I) to (L) as (J) to (M), respectively. Former subpar. (M) 
redesignated (N).
    Subsec. (d)(1)(N). Pub. L. 101-549, Sec. 302(h), redesignated 
subpar. (M) as (N). Former subpar. (N) redesignated (O).
    Pub. L. 101-549, Sec. 110(5)(C), added subpar. (N) and redesignated 
former subpar. (N) as (U).
    Subsec. (d)(1)(O) to (T). Pub. L. 101-549, Sec. 302(h), redesignated 
subpars. (N) to (S) as (O) to (T), respectively. Former subpar. (T) 
redesignated (U).
    Pub. L. 101-549, Sec. 110(5)(C), added subpars. (O) to (T).
    Subsec. (d)(1)(U). Pub. L. 101-549, Sec. 302(h), redesignated 
subpar. (T) as (U). Former subpar. (U) redesignated (V).
    Pub. L. 101-549, Sec. 110(5)(C), redesignated former subpar. (N) as 
(U).
    Subsec. (d)(1)(V). Pub. L. 101-549, Sec. 302(h), redesignated 
subpar. (U) as (V).
    Subsec. (h). Pub. L. 101-549, Sec. 108(p), added subsec. (h).
    1977--Subsec. (b)(1). Pub. L. 95-190 in text relating to filing of 
petitions for review in the United States Court of Appeals for the 
District of Columbia inserted provision respecting requirements under 
sections 7411 and 7412 of this title, and substituted provisions 
authorizing review of any rule issued under section 7413, 7419, or 7420 
of this title, for provisions authorizing review of any rule or order 
issued under section 7420 of this title, relating to noncompliance 
penalties, and in text relating to filing of petitions for review in the 
United States Court of Appeals for the appropriate circuit inserted 
provision respecting review under section 7411(j), 7412(c), 7413(d), or 
7419 of this title, provision authorizing review under section 1857c-
10(c)(2)(A), (B), or (C) to the period prior to Aug. 7, 1977, and 
provisions authorizing review of denials or disapprovals by the 
Administrator under subchapter I of this chapter.
    Pub. L. 95-95, Sec. 305(c), (h), inserted rules or orders issued 
under section 7420 of this title (relating to noncompliance penalties) 
and any other nationally applicable regulations promulgated, or final 
action taken, by the Administrator under this chapter to the enumeration 
of actions of the Administrator for which a petition for review may be 
filed only in the United States Court of Appeals for the District of 
Columbia, added the approval or promulgation by the Administrator of 
orders under section 7420 of this title, or any other final action of 
the Administrator under this chapter which is locally or regionally 
applicable to the enumeration of actions by the Administrator for which 
a petition for review may be filed only in the United States Court of 
Appeals for the appropriate circuit, inserted provision that petitions 
otherwise capable of being filed in the Court of Appeals for the 
appropriate circuit may be filed only in the Court of Appeals for the 
District of Columbia if the action is based on a determination of 
nationwide scope, and increased from 30 days to 60 days the period 
during which the petition must be filed.
    Subsec. (d). Pub. L. 95-95, Sec. 305(a), added subsec. (d).
    Subsec. (e). Pub. L. 95-95, Sec. 303(d), added subsec. (e).
    Subsec. (f). Pub. L. 95-95, Sec. 305(f), added subsec. (f).
    Subsec. (g). Pub. L. 95-95, Sec. 305(g), added subsec. (g).
    1974--Subsec. (b)(1). Pub. L. 93-319 inserted reference to the 
Administrator's action under section 1857c-10(c)(2)(A), (B), or (C) of 
this title or under regulations thereunder and substituted reference to 
the filing of a petition within 30 days from the date of promulgation, 
approval, or action for reference to the filing of a petition within 30 
days from the date of promulgation or approval.
    1971--Subsec. (a)(1). Pub. L. 92-157 substituted reference to 
section ``7545(c)(3)'' for ``7545(c)(4)'' of this title.


                    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.


                   Termination of Advisory Committees

    Advisory committees established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a committee established by 
the President or an officer of the Federal Government, such committee is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a committee established by the Congress, its 
duration is otherwise provided for by law. See section 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.


                     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.

                  Section Referred to in Other Sections

    This section is referred to in sections 7412, 7413, 7419, 7420, 
7429, 7506a, 7521, 7545, 7601, 7604, 7617, 7625-1, 7661d of this title.
