U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— PROGRAMS AND ACTIVITIES › Part Part A— Air Quality and Emission Limitations

42 U.S.C. § 6102

PARTICULATE MATTER MONITORING PROGRAM.

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“(a) Through grants under section 103 of the Clean Air Act [42 U.S.C. 7403] the Administrator of the Environmental Protection Agency shall use appropriated funds no later than fiscal year 2000 to fund 100 percent of the cost of the establishment, purchase, operation and maintenance of a PM2.5 monitoring network necessary to implement the national ambient air quality standards for PM2.5 under section 109 of the Clean Air Act [42 U.S.C. 7409]. This implementation shall not result in a diversion or reprogramming of funds from other Federal, State or local Clean Air Act activities. Any funds previously diverted or reprogrammed from section 105 Clean Air Act [42 U.S.C. 7405] grants for PM2.5 monitors must be restored to State or local air programs in fiscal year 1999.“(b) EPA and the States, consistent with their respective authorities under the Clean Air Act [42 U.S.C. 7401 et seq.], shall ensure that the national network (designated in subsection (a)) which consists of the PM2.5 monitors necessary to implement the national ambient air quality standards is established by December 31, 1999.“(c)(1) The Governors shall be required to submit designations referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C. 7407(d)(1)] for each area following promulgation of the July 1997 PM2.5 national ambient air quality standard within 1 year after receipt of 3 years of air quality monitoring data performed in accordance with any applicable Federal reference methods for the relevant areas. Only data from the monitoring network designated in subsection (a) and other Federal reference method PM2.5 monitors shall be considered for such designations. Nothing in the previous sentence shall be construed as affecting the Governor’s authority to designate an area initially as nonattainment, and the Administrator’s authority to promulgate the designation of an area as nonattainment, under section 107(d)(1) of the Clean Air Act, based on its contribution to ambient air quality in a nearby nonattainment area.“(2) For any area designated as nonattainment for the July 1997 PM2.5 national ambient air quality standard in accordance with the schedule set forth in this section, notwithstanding the time limit prescribed in paragraph (2) of section 169B(e) of the Clean Air Act [42 U.S.C. 7492(e)(2)], the Administrator shall require State implementation plan revisions referred to in such paragraph (2) to be submitted at the same time as State implementation plan revisions referred to in section 172 of the Clean Air Act [42 U.S.C. 7502] implementing the revised national ambient air quality standard for fine particulate matter are required to be submitted. For any area designated as attainment or unclassifiable for such standard, the Administrator shall require the State implementation plan revisions referred to in such paragraph (2) to be submitted 1 year after the area has been so designated. The preceding provisions of this paragraph shall not preclude the implementation of the agreements and recommendations set forth in the Grand Canyon Visibility Transport Commission Report dated June 1996.“(d) The Administrator shall promulgate the designations referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C. 7407(d)(1)] for each area following promulgation of the July 1997 PM2.5 national ambient air quality standard by the earlier of 1 year after the initial designations required under subsection (c)(1) are required to be submitted or December 31, 2005.“(e)Field Study.—Not later than 2 years after the date of enactment of the SAFETEA–LU [Aug. 10, 2005], the Administrator shall—“(1) conduct a field study of the ability of the PM2.5 Federal Reference Method to differentiate those particles that are larger than 2.5 micrometers in diameter;“(2) develop a Federal reference method to measure directly particles that are larger than 2.5 micrometers in diameter without reliance on subtracting from coarse particle measurements those particles that are equal to or smaller than 2.5 micrometers in diameter;“(3) develop a method of measuring the composition of coarse particles; and“(4) submit a report on the study and responsibilities of the Administrator under paragraphs (1) through (3) to—“(A) the Committee on Energy and Commerce of the House of Representatives; and“(B) the Committee on Environment and Public Works of the Senate.
Notes of Decisions
Cited in 77 cases (23 in the last 5 years), 1980–2026 · leading case: Callum v. CVS Health Corp., 137 F. Supp. 3d 817 (D.S.C. 2015).
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Callum v. CVS Health Corp., 137 F. Supp. 3d 817 (D.S.C. 2015). · cites it 2× “§ 1681 (a); 42 U.S.C. § 6102 ; 29 U.S.C. § 794 (a). The statutory language for nondiscrimination in Section 1557 mirrors that used in the four civil rights statutes.”
Patricio Galvan, & Leandro L. Gonzales v. Bexar Cnty., Tx., & Rudy Garza & Joe Neaves, 785 F.2d 1298 (5th Cir. 1986). · cites it 4× “Gonzales opposed the County’s motion to amend, maintaining that the original complaint alleged age discrimination (although under 42 U.S.C. § 6102 , not 29 U.S.C. § 626 ) so that the County had notice of Gonzales’s claim of age discrimination, that the Fifth Circuit found that…”
Steshenko v. Gayrard, 44 F. Supp. 3d 941 (N.D. Cal. 2014). · cites it 3× “Under the ADA, “no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.”
Guardians Assn. v. Civil Serv. Comm'n of New York City, 463 U.S. 582 (1983). “§ 5672 (b) (Juvenile Justice Act of 1974); 42 U. S. C. § 6102 (Age Discrimination Act); 42 U.”
C. Kamps v. Baylor Univ., 592 F. App'x 282 (5th Cir. 2014). · cites it 2× “” 42 U.S.C. § 6102 . Unlike Title VII and the ADEA, nowhere does the ADA use “otherwise adversely affects” language.”
Andrea Schmitt v. Kaiser Found. Health Plan, 965 F.3d 945 (9th Cir. 2020). “§ 1681 (a) (same “on the basis of sex”); 42 U.S.C. § 6102 SCHMITT V. KAISER FOUND.”
Steshenko v. Albee, 42 F. Supp. 3d 1281 (N.D. Cal. 2014). · cites it 3× “” 42 U.S.C. § 6102 . The ADA, however, does not authorize the recovery of monetary damages as to individual defendants.”
D.A. Ex Rel. Latasha A. v. Houston Indep. Sch. Dist., 629 F.3d 450 (5th Cir. 2010). “” 42 U.S.C. § 6102 . Under the Age Act, however, a plaintiff must exhaust his administrative remedies before filing an action in the district court.”
Hilda Garcia v. Akwesasne Hous. Auth. & John Ransom, 268 F.3d 76 (2d Cir. 2001). “These two laws apply to different entities, compare 42 U.S.C. § 6102 (programs or activities receiving federal financial assistance) with 29 U.”
City of Chicago v. Sessions, 264 F. Supp. 3d 933 (N.D. Ill. 2017). “§ 794 (a); 42 U.S.C. § 6102 . Both positions are plausible, but for the reasons discussed below, the Attorney General’s position is more consistent with the plain language of the statute.”
Nat'l Collegiate Athletic Assn. v. Smith, 525 U.S. 459 (1999). “§ 794 (a) (prohibiting discrimination on the basis of disability in “any program or activity receiving Federal financial assistance”); and §303 of the Age Discrimination Act of 1975, 42 U. S. C. §6102 (prohibiting discrimination on the basis of age in "any program or activity…”
Action All. of Senior Citizens of Greater Philadelphia v. Margaret Heckler, 789 F.2d 931 (D.C. Cir. 1986). “” See 42 U.S.C. § 6102 (1982). The ADEA, on the other hand, proscribes discrimination only in relation to employment, but it applies to all employers, public or private, who affect commerce and have more than twenty employees.”
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