§7422 Listing of certain unregulated pollutants

Summary

EPA must, no later than one year after August 7, 1977 (two years for radioactive pollutants), and after giving notice and holding a public hearing, look at the available facts and decide if emissions of radioactive pollutants (including source material, special nuclear material, and byproduct material), cadmium, arsenic, and polycyclic organic matter are likely to cause or add to air pollution that could endanger public health. If EPA finds a risk, it must add the substance to its list of harmful air pollutants or list the kinds of stationary sources that emit it, or do both. EPA can still change these lists later. Before listing any nuclear material, EPA must talk with the Nuclear Regulatory Commission. Within six months after such a listing, EPA and the Commission must make an agreement to avoid duplicating work and to save administrative resources when making and enforcing rules for facilities the Commission controls. If the Commission finds, after notice and a hearing, that applying a rule to a facility it regulates would endanger public health or safety, that rule will not apply to those facilities unless the President decides otherwise within 90 days of the Commission’s finding.