42 U.S.C. § 7405 — Grants for support of air pollution planning and control programs
submitted 71 years ago by Pub. L. 88-206 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,142 words · no verdicts yet
The Administrator may fund air-pollution planning and control programs, generally paying up to three-fifths of eligible costs. The section sets grant conditions, State funding limits, maintenance-of-effort rules, payment reductions, and hearing rights.
(a)(1) The Administrator* may give qualifying air-pollution agencies grants covering up to three-fifths of the cost of preventing and controlling air pollution or implementing national primary and secondary ambient air-quality standards. “Implementing” includes planning, developing, establishing, carrying out, improving, or maintaining those programs. An agency contributing less than the required two-fifths has 3 years after November 15, 1990, to contribute it; otherwise the Administrator must reduce the Federal share accordingly. For a region with an applicable § 7410 plan, grants may go only to agencies with substantial responsibility for carrying it out. (2) Before approving a grant to a § 7602(b)(2) or (b)(4) agency, the Administrator must receive assurance of adequate State*, interstate, local, and, when appropriate, international representation. (3) Before a planning grant, the Administrator must receive assurance that the agency can develop a comprehensive regional air-quality plan, including when appropriate an alert system for imminent serious danger and consideration of industry, commerce, population, and natural factors relevant to standards.
(b)(1) From available yearly funds, the Administrator must make grants on necessary terms and conditions. Regulations must, as practicable, consider population, the actual or potential pollution problem, and each agency’s financial need. (2) No more than 10 percent of funds appropriated or allocated under (a) may fund programs in one State. For a multistate area, the Administrator assigns the grant’s charge among the States. Subject to paragraph (1), each State must have at least one-half of 1 percent of the annual grant appropriation available for agencies in that State.
(c)(1) An agency may not receive a grant in a fiscal year if its non-Federal recurrent spending on air-pollution programs will be below the prior year’s spending. For timely awards, the Administrator compares prospective spending with the second preceding fiscal year. The Administrator must revise regulations defining nonrecurrent and recurrent spending and consider exempting an agency from these limits when periodic increases in acceptable annual spending cause the issue. (2) After notice and a public hearing, the Administrator may still award a grant if a spending reduction resulted from a nondiscriminatory reduction across all Executive Branch agency programs of the relevant government unit. A maintenance grant must supplement and, as practicable, increase State, local, or other non-Federal funds. No grant may be made until the Administrator consults the appropriate official designated by the affected Governor or Governors.
(d) With a recipient’s agreement, the Administrator may reduce its payments by pay, allowances, travel, and other costs of detailing an officer or employee under § 7601 when the detail is requested for the recipient’s convenience and this chapter’s purposes. The reduced amount remains available for those costs and is treated as paid to the agency when calculating its grant.
(e) The Administrator may not disapprove a State grant application, or revoke or reduce a grant commitment or obligation, without prior notice and an opportunity for a public hearing in the affected State, or one affected State if several are involved.
The Administrator* may make grants to air pollution control agencies, within the meaning of paragraph (1), (2), (3), (4), or (5) of section 7602 of this title, in an amount up to three-fifths of the cost of implementing programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. For the purpose of this section, “implementing” means any activity related to the planning, developing, establishing, carrying-out, improving, or maintaining of such programs.
Subject to subsections (b) and (c) of this section, an air pollution control agency* which receives a grant under subparagraph (A) and which contributes less than the required two-fifths minimum shall have 3 years following November 15, 1990, in which to contribute such amount. If such an agency fails to meet and maintain this required level, the Administrator shall reduce the amount of the Federal contribution accordingly.
With respect to any air quality control region or portion thereof for which there is an applicable implementation plan* under section 7410 of this title, grants under subparagraph (A) may be made only to air pollution control agencies which have substantial responsibilities for carrying out such applicable implementation plan.
Before approving any grant under this subsection to any air pollution control agency within the meaning of sections 7602(b)(2) and 7602(b)(4) of this title, the Administrator shall receive assurances that such agency provides for adequate representation of appropriate State*, interstate, local, and (when appropriate) international, interests in the air quality control region.
Before approving any planning grant under this subsection to any air pollution control agency within the meaning of sections 7602(b)(2) and 7602(b)(4) of this title, the Administrator shall receive assurances that such agency has the capability of developing a comprehensive air quality plan for the air quality control region, which plan shall include (when appropriate) a recommended system of alerts to avert and reduce the risk of situations in which there may be imminent and serious danger to the public health or welfare from air pollutants and the various aspects relevant to the establishment of air quality standards for such air quality control region, including the concentration of industries, other commercial establishments, population and naturally occurring factors which shall affect such standards.
From the sums available for the purposes of subsection (a) of this section for any fiscal year, the Administrator shall from time to time make grants to air pollution control agencies upon such terms and conditions as the Administrator may find necessary to carry out the purpose of this section. In establishing regulations for the granting of such funds the Administrator shall, so far as practicable, give due consideration to (A) the population, (B) the extent of the actual or potential air pollution problem, and (C) the financial need of the respective agencies.
Not more than 10 per centum of the total of funds appropriated or allocated for the purposes of subsection (a) of this section shall be granted for air pollution control programs in any one State. In the case of a grant for a program in an area crossing State boundaries, the Administrator shall determine the portion of such grant that is chargeable to the percentage limitation under this subsection for each State into which such area extends. Subject to the provisions of paragraph (1) of this subsection, no State shall have made available to it for application less than one-half of 1 per centum of the annual appropriation for grants under this section for grants to agencies within such State.
No agency shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for recurrent expenditures for air pollution control programs will be less than its expenditures were for such programs during the preceding fiscal year. In order for the Administrator to award grants under this section in a timely manner each fiscal year, the Administrator shall compare an agency’s prospective expenditure level to that of its second preceding fiscal year. The Administrator shall revise the current regulations which define applicable nonrecurrent and recurrent expenditures, and in so doing, give due consideration to exempting an agency from the limitations of this paragraph and subsection (a) due to periodic increases experienced by that agency from time to time in its annual expenditures for purposes acceptable to the Administrator for that fiscal year.
The Administrator may still award a grant to an agency not meeting the requirements of paragraph (l) 1 of this subsection if the Administrator, after notice and opportunity for public hearing, determines that a reduction in expenditures is attributable to a non-selective reduction in the expenditures in the programs of all Executive branch agencies of the applicable unit of Government. No agency shall receive any grant under this section with respect to the maintenance of a program for the prevention and control of air pollution unless the Administrator is satisfied that such a grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds. No grants shall be made under this section until the Administrator has consulted with the appropriate official as designated by the Governor or Governors of the State or States affected.
The Administrator, with the concurrence of any recipient of a grant under this section, may reduce the payments to such recipient by the amount of the pay, allowances, traveling expenses, and any other costs in connection with the detail of any officer or employee to the recipient under section 7601 of this title, when such detail is for the convenience of, and at the request of, such recipient and for the purpose of carrying out the provisions of this chapter. The amount by which such payments have been reduced shall be available for payment of such costs by the Administrator, but shall, for the purpose of determining the amount of any grant to a recipient under subsection (a) of this section, be deemed to have been paid to such agency.
No application by a State for a grant under this section may be disapproved by the Administrator without prior notice and opportunity for a public hearing in the affected State, and no commitment or obligation of any funds under any such grant may be revoked or reduced without prior notice and opportunity for a public hearing in the affected State (or in one of the affected States if more than one State is affected).
Source credit: (July 14, 1955, ch. 360, title I, § 105, formerly § 4, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 395; renumbered § 104 and amended Pub. L. 89–272, title I, § 101(2)–(4), Oct. 20, 1965, 79 Stat. 992; Pub. L. 89–675, § 3, Oct. 15, 1966, 80 Stat. 954; renumbered § 105 and amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 489; Pub. L. 91–604, §§ 3(a), (b)(1), 15(c)(2), Dec. 31, 1970, 84 Stat. 1677, 1713; Pub. L. 95–95, title I, § 102, title III, § 305(b), Aug. 7, 1977, 91 Stat. 687, 776; Pub. L. 101–549, title VIII, § 802(a)–(e), Nov. 15, 1990, 104 Stat. 2687, 2688.)
- 1955Enacted · Pub. L. 88-206 · 77 Stat. 395
- 1965Amended · Pub. L. 89-272 · 79 Stat. 992
- 1966Amended · Pub. L. 89-675 · 80 Stat. 954
- 1967Amended · Pub. L. 90-148 · 81 Stat. 489
- 1970Amended · Pub. L. 91-604 · 84 Stat. 1677, 1713
- 1977Amended · Pub. L. 95-95 · 91 Stat. 687, 776
- 1990Amended · Pub. L. 101-549 · 104 Stat. 2687, 2688
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-206 on 1955-07-14.
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