The law › Title 42, The Public Health and Welfare › Chapter 85
42 U.S.C. 7411: Standards of performance for new stationary sources
Created in 1970 by Public Law 91-604. Changed by 5 later laws. No bill we track in this Congress changes it.
27 other sections of the Code cite this one, including 26 U.S.C. 48A, 42 U.S.C. 7412, 42 U.S.C. 7413, 42 U.S.C. 7414, 42 U.S.C. 7418.
3 parts of federal rules cite it as their authority, written by Environmental Protection Agency (3).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
1990
- Pub. L. 101–549, §403(a), amended par. (1) generally, substituting provisions defining "standard of performance" with respect to any air pollutant for provisions defining such term with respect to subsec. (b) fossil fuel fired and other stationary sources and subsec. (d) particular … · (a)
- Pub. L. 101–549, §108(f), inserted at end "Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines." · (a)
- Pub. L. 101–549, §108(e)(1), substituted "Within one year" for "Within 120 days", "within one year" for "within 90 days", and "every 8 years" for "every four years", inserted before last sentence "Notwithstanding the requirements of the previous sentence, the Administrator need n… · (b)
- Pub. L. 101–549, §302(a), which directed the substitution of "7412(b)" for "7412(b)(1)(A)", could not be executed, because of the prior amendment by Pub. L. 101–549, §108(g), see below. · (d)
- Pub. L. 101–549, §108(g), substituted "or emitted from a source category which is regulated under section 7412 of this title" for "or 7412(b)(1)(A)". · (d)
- Pub. L. 101–549, §108(e)(2), amended par. (1) generally, substituting present provisions for provisions requiring the Administrator to promulgate regulations listing the categories of major stationary sources not on the required list by Aug. 7, 1977, and regulations establishing sta… · (f)
- Pub. L. 101–549, §302(b), redesignated par. (7) as (5) and struck out "or section 7412 of this title" after "this section", redesignated par. (8) as (6), and struck out former pars. (5) and (6) which read as follows: · (g)
1978
- Pub. L. 95–623, §13(a)(2), substituted "under this section" for "under subsection (b) of this section". · (d), (g)
- Pub. L. 95–623, §13(a)(1), added par. (5). · (h)
- Pub. L. 95–623, §13(a)(3), substituted in pars. (1)(A) and (2)(A) "standards under this section" and "under this section" for "standards under subsection (b) of this section" and "under subsection (b) of this section", respectively. · (j)
1977
- Pub. L. 95–95, §109(c)(1)(A), added subpars. (A), (B), and (C), substituted "For the purpose of subparagraphs (A)(i) and (ii) and (B), a standard of performance shall reflect" for "a standard for emissions of air pollutants which reflects", "and the percentage reduction achievable" … · (a)
- Pub. L. 95–95, §109(c)(1)(B), added par. (7) defining "technological system of continuous emission reduction". · (a)
- Pub. L. 95–95, §109(f), added par. (7) directing that under certain circumstances a conversion to coal not be deemed a modification for purposes of pars. (2) and (4). · (a)
- Pub. L. 95–190, §14(a)(7), redesignated second par. (7) as (8). · (a), (8)
- Pub. L. 95–95, §401(b), substituted "such list if in his judgment it causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger" for "such list if he determines it may contribute significantly to air pollution which causes or contribute… · (b)
- Pub. L. 95–95, §109(c)(2), substituted "shall, at least every four years, review and, if appropriate," for "may, from time to time,". · (b)
- Pub. L. 95–95, §109(c)(3), added pars. (5) and (6). · (b), (6)
- Pub. L. 95–95, §109(d)(1), struck out "(except with respect to new sources owned or operated by the United States)" after "implement and enforce such standards". · (c)
- Pub. L. 95–95, §109(b)(1), substituted "standards of performance" for "emission standards" and inserted provisions directing that regulations of the Administrator permit the State, in applying a standard of performance to any particular source under a submitted plan, to take into co… · (d)
- Pub. L. 95–95, §109(b)(2), provided that, in promulgating a standard of performance under a plan, the Administrator take into consideration, among other factors, the remaining useful lives of the sources in the category of sources to which the standard applies. · (d)
- Pub. L. 95–95, §109(a), added subsecs. (f) to (i). · (f), (g), (h), (i)
- Pub. L. 95–190, §14(a)(8), (9), redesignated subsec. (k) as (j) and, as so redesignated, substituted "(B)" for "(8)" as designation for second subpar. in par. (2). Former subsec. (j), added by Pub. L. 95–95, §109(e), which related to compliance with applicable standards of perfor… · (j), (k)
- Pub. L. 95–95, §109(e), added subsec. (k). · (j), (k)
1971
- Pub. L. 92–157 substituted in first sentence "publish proposed" for "propose". · (b)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.