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42 U.S.C. § 7571Establishment of standards

submitted 71 years ago by Pub. L. 91-604 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 362 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Administrator must study aircraft engine emissions and their effect on air quality. Based on that study, the Administrator can set emission standards for aircraft engines, after public hearings. The President can block a standard if it would create an aircraft safety hazard.

(a) Study; proposed standards; hearings; issuance of regulations. (1) Within 90 days of December 31, 1970, the Administrator had to begin studying aircraft air pollutant emissions to determine (A) how much they affect air quality in air quality control regions across the country, and (B) whether it's technologically possible to control them. (2) (A) From time to time, the Administrator must propose emission standards for any class of aircraft engines whose emissions, in the Administrator's judgment, cause or contribute to air pollution that may reasonably be expected to endanger public health or welfare. (B)(i) The Administrator must consult the Federal Aviation Administration on aircraft engine emission standards. (ii) The Administrator cannot change these standards if doing so would significantly raise noise or hurt safety. (3) The Administrator must hold public hearings on proposed standards, held as much as practical in the air quality control regions most affected by aircraft emissions. Within 90 days after proposing the regulations, the Administrator must issue them, with whatever changes seem appropriate. These regulations can be revised over time. (b) Effective date of regulations. Any regulation under this section (or revision of one) takes effect after whatever period the Administrator — after consulting the Secretary of Transportation — finds necessary to let the needed technology be developed and applied, while considering the cost of compliance during that period. (c) Regulations which create hazards to aircraft safety. Any regulation in effect under this section on August 7, 1977, or proposed or issued afterward, or any amendment to one, does not apply to aircraft if the President disapproves it — after notice and a public hearing — based on a finding by the Secretary of Transportation that the regulation would create an aircraft safety hazard. That finding must include a reasonably specific explanation of its basis.
the actual law source: uscode.house.gov ↗public domain
(a) Study; proposed standards; hearings; issuance of regulations
(1)

Within 90 days after December 31, 1970, the Administrator shall commence a study and investigation of emissions of air pollutants from aircraft in order to determine—

(A)

the extent to which such emissions affect air quality in air quality control regions throughout the United States, and

(B)

the technological feasibility of controlling such emissions.

(2)
(A)

The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare.

(B)
(i)

The Administrator shall consult with the Administrator of the Federal Aviation Administration on aircraft engine emission standards.

(ii)

The Administrator shall not change the aircraft engine emission standards if such change would significantly increase noise and adversely affect safety.

(3)

The Administrator shall hold public hearings with respect to such proposed standards. Such hearings shall, to the extent practicable, be held in air quality control regions which are most seriously affected by aircraft emissions. Within 90 days after the issuance of such proposed regulations, he shall issue such regulations with such modifications as he deems appropriate. Such regulations may be revised from time to time.

(b) Effective date of regulations

Any regulation prescribed under this section (and any revision thereof) shall take effect after such period as the Administrator finds necessary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.

(c) Regulations which create hazards to aircraft safety

Any regulations in effect under this section on August 7, 1977, or proposed or promulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety. Any such finding shall include a reasonably specific statement of the basis upon which the finding was made.

Source credit: (July 14, 1955, ch. 360, title II, § 231, as added Pub. L. 91–604, § 11(a)(1), Dec. 31, 1970, 84 Stat. 1703; amended Pub. L. 95–95, title II, § 225, title IV, § 401(f), Aug. 7, 1977, 91 Stat. 769, 791; Pub. L. 104–264, title IV, § 406(b), Oct. 9, 1996, 110 Stat. 3257.)

history & why it existsrecord from the source credit
  • 1955Enacted · Pub. L. 91-604 · 84 Stat. 1703
  • 1977Amended · Pub. L. 95-95 · 91 Stat. 769, 791
  • 1996Amended · Pub. L. 104-264 · 110 Stat. 3257

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-604 on 1955-07-14.

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