§7625–1 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Governors of Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands can ask the EPA Administrator to excuse people, facilities, or groups in their territory from most federal clean-air rules. The Administrator may grant an exemption only if the rule is not part of core hazardous-pollutant rules or state plan requirements needed to meet national air quality limits, and only if following the rule is not feasible or would be unreasonable because of special local geography, weather, money, or other important local factors. Petitions follow the law’s normal review process, the decision is treated as a final agency action, and Congress is notified quickly when a petition is received and when it is approved or denied with reasons. Any fossil-fuel steam electric power plant running in Guam on December 8, 1983, was exempt from the sulfur dioxide parts of the new-source performance rules and from sulfur dioxide limits in approved state plans that existed on that date. That exemption expired eighteen months after December 8, 1983, unless the Administrator found the plant was making all practicable emissions cuts to prevent breaking the national sulfur dioxide standard.

Title 42, §7625–1

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

(a)(1)Upon petition by the governor 11 So in original. Probably should be capitalized. of Guam, American Samoa, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the Administrator is authorized to exempt any person or source or class of persons or sources in such territory from any requirement under this chapter other than section 7412 of this title or any requirement under section 7410 of this title or part D 22 So in original. Probably should refer to part D of subchapter I. necessary to attain or maintain a national primary ambient air quality standard. Such exemption may be granted if the Administrator finds that compliance with such requirement is not feasible or is unreasonable due to unique geographical, meteorological, or economic factors of such territory, or such other local factors as the Administrator deems significant. Any such petition shall be considered in accordance with section 7607(d) of this title and any exemption under this subsection shall be considered final action by the Administrator for the purposes of section 7607(b) of this title.

(2)The Administrator shall promptly notify the Committees on Energy and Commerce and on Natural Resources of the House of Representatives and the Committees on Environment and Public Works and on Energy and Natural Resources of the Senate upon receipt of any petition under this subsection and of the approval or rejection of such petition and the basis for such action.

(b)Notwithstanding any other provision of this chapter, any fossil fuel fired steam electric power plant operating within Guam as of December 8, 1983, is hereby exempted from:

(1)any requirement of the new source performance standards relating to sulfur dioxide promulgated under section 7411 of this title as of December 8, 1983; and

(2)any regulation relating to sulfur dioxide standards or limitations contained in a State implementation plan approved under section 7410 of this title as of December 8, 1983: Provided, That such exemption shall expire eighteen months after December 8, 1983, unless the Administrator determines that such plant is making all emissions reductions practicable to prevent exceedances of the national ambient air quality standards for sulfur dioxide.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 325 of act

July 14, 1955, was renumbered section 326 by Pub. L. 98–213 and is classified to section 7625a of this title. Another prior section 325 of act

July 14, 1955, was renumbered section 324 by Pub. L. 96–300 and is classified to section 7625 of this title.

Amendments

1994—Subsec. (a)(2). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”. 1990—Subsec. (a)(1). Pub. L. 101–549, which directed the insertion of “the Virgin Islands,” after “American Samoa,” in “[s]ection 324(a)(1) of the Clean Air Act (42 U.S.C. 7625–1(a)(1))”, was executed by making the insertion in subsec. (a)(1) of this section to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

§7625–1 Exemptions for certain territories