42 U.S.C. § 7415 — International air pollution
submitted 71 years ago by Pub. L. 88-206 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 309 words · no verdicts yet
The Administrator must notify a State when United States emissions may endanger public health or welfare in a foreign country. That notice requires a plan revision, subject to reciprocal rights for the foreign country.
(a) If reports, surveys, or studies from a duly constituted international agency give the Administrator* reason to believe United States emissions cause or contribute to pollution that may reasonably be expected to endanger public health or welfare in a foreign country, or if the Secretary* of State* requests action based on such an allegation, the Administrator must formally notify the Governor of the State where the emissions originate.
(b) The notice counts as a finding under section 7410(a)(2)(H)(ii). It requires revision of the applicable implementation plan* to the extent it does not prevent or eliminate the danger. The affected foreign country must be invited to any public hearing about that revision.
(c) This section applies only to a foreign country that the Administrator finds has given the United States essentially the same rights to prevent or control pollution in that country as this section gives that country.
(d) Recommendations from an abatement conference held before August 7, 1977, remain effective for pollutants without a national ambient air quality standard under section 7409, unless the Administrator, after consulting all conference participants, rescinds a recommendation because it is obsolete.
Whenever the Administrator*, upon receipt of reports, surveys or studies from any duly constituted international agency has reason to believe that any air pollutant* or pollutants emitted in the United States cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country or whenever the Secretary* of State* requests him to do so with respect to such pollution which the Secretary of State alleges is of such a nature, the Administrator shall give formal notification thereof to the Governor of the State in which such emissions originate.
The notice of the Administrator shall be deemed to be a finding under section 7410(a)(2)(H)(ii) of this title which requires a plan revision with respect to so much of the applicable implementation plan* as is inadequate to prevent or eliminate the endangerment referred to in subsection (a). Any foreign country so affected by such emission of pollutant or pollutants shall be invited to appear at any public hearing associated with any revision of the appropriate portion of the applicable implementation plan.
This section shall apply only to a foreign country which the Administrator determines has given the United States essentially the same rights with respect to the prevention or control of air pollution occurring in that country as is given that country by this section.
Recommendations issued following any abatement conference conducted prior to August 7, 1977, shall remain in effect with respect to any pollutant for which no national ambient air quality standard has been established under section 7409 of this title unless the Administrator, after consultation with all agencies which were party to the conference, rescinds any such recommendation on grounds of obsolescence.
Source credit: (July 14, 1955, ch. 360, title I, § 115, formerly § 5, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 396; renumbered § 105 and amended Pub. L. 89–272, title I, §§ 101(2), (3), 102, Oct. 20, 1965, 79 Stat. 992, 995, renumbered § 108 and amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 491, renumbered § 115 and amended Pub. L. 91–604, §§ 4(a), (b)(2)–(10), 15(c)(2), Dec. 31, 1970, 84 Stat. 1678, 1688, 1689, 1713; Pub. L. 95–95, title I, § 114, Aug. 7, 1977, 91 Stat. 710.)
- 1955Enacted · Pub. L. 88-206 · 77 Stat. 396
- 1965Amended · Pub. L. 89-272 · 79 Stat. 992, 995
- 1977Amended · Pub. L. 95-95 · 91 Stat. 710
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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