§7422 Listing of Certain Unregulated Pollutants

Summary

The EPA Administrator must, within one year after August 7, 1977 (two years for radioactive pollutants), review information and, after giving public notice and a chance for a hearing, decide whether air emissions of radioactive pollutants (including source material, special nuclear material, and byproduct material), cadmium, arsenic, or polycyclic organic matter could reasonably be expected to harm public health. If the Administrator finds a risk, the substance must be added to the federal list that triggers tighter controls for things that may increase deaths or serious illness, or the types of stationary sources that emit it must be listed for regulation, or both. Before listing any source, special nuclear, or byproduct radioactive material, the Administrator must consult the Nuclear Regulatory Commission. Within six months after such a listing, EPA and the Commission must make an agreement to avoid duplicate work and save resources when making and enforcing emission rules for facilities the Commission oversees. If the Commission later finds that applying a rule to one of its facilities would endanger public health or safety after notice and hearing, that rule does not apply to those facilities unless the President says otherwise within ninety days.