Laws: Cases and Codes : U.S. Code : Title 42 : Section 7418
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U.S. Code as of:
01/19/04
Section 7418 - Notes
SOURCE
(July 14, 1955, ch. 360, title I, Sec. 118, formerly, Sec. 7, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 399;
renumbered Sec. 107, Pub. L. 89-272, title I, Sec. 101(3), Oct. 20,
1965, 79 Stat. 992; renumbered Sec. 111 and amended Pub. L. 90-148,
Sec. 2, Nov. 21, 1967, 81 Stat. 499; renumbered Sec. 118 and
amended Pub. L. 91-604, Secs. 4(a), 5, Dec. 31, 1970, 84 Stat.
1678, 1689; Pub. L. 95-95, title I, Sec. 116, Aug. 7, 1977, 91
Stat. 711; Pub. L. 101-549, title I, Sec. 101(e), title II, Sec.
235, title III, Sec. 302(d), Nov. 15, 1990, 104 Stat. 2409, 2530,
2574.)
CODIFICATION
Section was formerly classified to section 1857f of this title.
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549, Sec. 235, inserted heading.
Pub. L. 101-549, Sec. 101(e), amended second sentence generally.
Prior to amendment, second sentence read as follows: "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 the exercise of any Federal, State, or local
administrative authority, and (C) to any process and sanction,
whether enforced in Federal, State, or local courts or in any other
manner."
Subsec. (b). Pub. L. 101-549, Sec. 302(d), substituted "section
7412(i)(4) of this title" for "section 7412(c) of this title".
Subsecs. (c), (d). Pub. L. 101-549, Sec. 235, added subsecs. (c)
and (d).
1977 - Subsec. (a). Pub. L. 95-95, Sec. 116(a), designated
existing first sentence as subsec. (a) and inserted provisions
enumerating the legal and administrative areas to which the
compliance requirements apply and directing that agencies,
officers, agents, and employees not be immune and that officers,
agents, or employees of the United States not be personally liable
for civil penalties for which they are not otherwise liable.
Subsec. (b). Pub. L. 95-95, Sec. 116(b), designated second and
following existing sentences as subsec. (b) and inserted provisions
authorizing the President to exempt weaponry, equipment, aircraft,
vehicles, and other classes and categories of property of the Armed
Forces and the National Guard from compliance but to reconsider the
need for such an exemption at three-year intervals.
1970 - Pub. L. 91-604, Sec. 5, struck out lettered designations
(a) and (b), and, as so redesignated, substituted provisions
requiring Federal facilities to comply with Federal, State, local,
and interstate air pollution control and abatement requirements and
provisions authorizing the President to exempt, under the specified
terms and conditions, any emission source of any department, etc.,
in the executive branch from compliance with control and abatement
requirements, for provisions requiring, to the extent practicable
and consistent with the interests of the United States and within
any available appropriations, Federal facilities to cooperate with
the Department of Health, Education, and Welfare and with any air
pollution control agency to prevent and control air pollution and
provisions authorizing the Secretary to establish classes of
potential pollution sources for which any Federal department or
agency having jurisdiction over any facility was required to obtain
a permit, under the specified terms and conditions, for the
discharge of any matter into the air of the United States.
1967 - Pub. L. 90-148 reenacted section without change.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or
against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the
discharge of his official duties under act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title.
EXECUTIVE ORDER NO. 11282
Ex. Ord. No. 11282, May 26, 1966, 31 F.R. 7663, which provided
for the prevention, control, and abatement of air pollution from
Federal activities, was superseded by Ex. Ord. No. 11507, Feb. 4,
1970, 35 F.R. 2573.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 7410, 7423, 7604, 7671q
of this title.
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