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U.S. Code as of:
01/19/04
Section 7418. Control of pollution from Federal facilities
(a) General compliance
Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged
in any activity resulting, or which may result, in the discharge of
air pollutants, and each officer, agent, or employee thereof, shall
be subject to, and comply with, all Federal, State, interstate, and
local requirements, administrative authority, and process and
sanctions respecting the control and abatement of air pollution in
the same manner, and to the same extent as any nongovernmental
entity. The preceding sentence shall apply (A) to any requirement
whether substantive or procedural (including any recordkeeping or
reporting requirement, any requirement respecting permits and any
other requirement whatsoever), (B) to any requirement to pay a fee
or charge imposed by any State or local agency to defray the costs
of its air pollution regulatory program, (C) to the exercise of any
Federal, State, or local administrative authority, and (D) to any
process and sanction, whether enforced in Federal, State, or local
courts, or in any other manner. This subsection shall apply
notwithstanding any immunity of such agencies, officers, agents, or
employees under any law or rule of law. No officer, agent, or
employee of the United States shall be personally liable for any
civil penalty for which he is not otherwise liable.
(b) Exemption
The President may exempt any emission source of any department,
agency, or instrumentality in the executive branch from compliance
with such a requirement if he determines it to be in the paramount
interest of the United States to do so, except that no exemption
may be granted from section 7411 of this title, and an exemption
from section 7412 of this title may be granted only in accordance
with section 7412(i)(4) of this title. No such exemption shall be
granted due to lack of appropriation unless the President shall
have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be for
a period not in excess of one year, but additional exemptions may
be granted for periods of not to exceed one year upon the
President's making a new determination. In addition to any such
exemption of a particular emission source, the President may, if he
determines it to be in the paramount interest of the United States
to do so, issue regulations exempting from compliance with the
requirements of this section any weaponry, equipment, aircraft,
vehicles, or other classes or categories of property which are
owned or operated by the Armed Forces of the United States
(including the Coast Guard) or by the National Guard of any State
and which are uniquely military in nature. The President shall
reconsider the need for such regulations at three-year intervals.
The President shall report each January to the Congress all
exemptions from the requirements of this section granted during the
preceding calendar year, together with his reason for granting each
such exemption.
(c) Government vehicles
Each department, agency, and instrumentality of executive,
legislative, and judicial branches of the Federal Government shall
comply with all applicable provisions of a valid inspection and
maintenance program established under the provisions of subpart 2
of part D of this subchapter or subpart 3 of part D of this
subchapter except for such vehicles that are considered military
tactical vehicles.
(d) Vehicles operated on Federal installations
Each department, agency, and instrumentality of executive,
legislative, and judicial branches of the Federal Government having
jurisdiction over any property or facility shall require all
employees which operate motor vehicles on the property or facility
to furnish proof of compliance with the applicable requirements of
any vehicle inspection and maintenance program established under
the provisions of subpart 2 of part D of this subchapter or subpart
3 of part D of this subchapter for the State in which such property
or facility is located (without regard to whether such vehicles are
registered in the State). The installation shall use one of the
following methods to establish proof of compliance -
(1) presentation by the vehicle owner of a valid certificate of
compliance from the vehicle inspection and maintenance program;
(2) presentation by the vehicle owner of proof of vehicle
registration within the geographic area covered by the vehicle
inspection and maintenance program (except for any program whose
enforcement mechanism is not through the denial of vehicle
registration);
(3) another method approved by the vehicle inspection and
maintenance program administrator.
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