Title 42The Public Health and WelfareRelease 119-73

§7492 Visibility

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - PROGRAMS AND ACTIVITIES › Part Part C— - Prevention of Significant Deterioration of Air Quality › Subpart subpart ii— - visibility protection › § 7492

Last updated Apr 6, 2026|Official source

Summary

The Environmental Protection Agency (EPA) must lead research with the National Park Service and other federal agencies to find where air pollution that cuts visibility in protected “class I” areas comes from and where clean air comes from. Congress authorized $8,000,000 a year for 5 years for this work. The research must expand monitoring in class I areas, find pollution sources and clean-air corridors, improve regional air-quality models for visibility, and study the chemistry and physics that affect visibility. The EPA must give interim findings within 3 years after November 15, 1990. The EPA must also assess how much visibility will improve from other 1990 Clean Air Act changes within 24 months after November 15, 1990, and then check actual progress every 5 years, sending written reports to Congress. If the EPA thinks pollution moving between states is making visibility worse in a region, it can make a visibility transport region and set up a visibility transport commission. The commission must include each Governor (or a designee), the EPA head (or a designee), and two reps from each federal agency that manages class I areas; federal members are ex officio and the commission is exempt from certain federal committee rules. The commission must study the data and, within 4 years, recommend actions such as creating clean-air corridors, applying rules for new large sources and siting reviews, and proposing regional-haze regulations. Within 18 months after getting the commission’s report the EPA must write the rules for measuring “reasonable progress,” and affected States must update their plans within 12 months to include needed limits and schedules. The EPA must set up a visibility transport commission for the Grand Canyon region within 12 months.

Full Legal Text

Title 42, §7492

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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) 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)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)(1)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 11 So in original. Words “subsection (b) of this section” probably should be “paragraph (2)”. may—
(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)Whenever the Administrator establishes a transport region under subsection (c)(1), 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 22 So in original. Probably should not be capitalized. Administrator or the Administrator’s designee; and
(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)All representatives of the Federal Government shall be ex officio members.
(4)The visibility transport commissions shall be exempt from the requirements of chapter 10 of title 5.
(d)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), 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)(1)The Administrator shall, taking into account the studies pursuant to subsection (a)(1) and the reports pursuant to subsection (d)(2) 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)The Administrator pursuant to subsection (c)(1) shall, within 12 months, establish a visibility transport commission for the region affecting the visibility of the Grand Canyon National Park.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Amendments

2022—Subsec. (c)(4). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 7492

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73