42 U.S.C. § 7403
Research, investigation, training, and other activities
In carrying out subsection (a), the Administrator shall conduct a basic engineering research and technology program to develop, evaluate, and demonstrate nonregulatory strategies and technologies for air pollution prevention.
Such strategies and technologies described in paragraph (1) shall be developed with priority on those pollutants which pose a significant risk to human health and the environment, and with opportunities for participation by industry, public interest groups, scientists, States, institutions of higher education, and other interested persons in the development of such strategies and technologies.
Nothing in this subsection shall be construed to authorize the imposition on any person of air pollution control requirements.
The Administrator shall consult with other appropriate Federal agencies to ensure coordination and to avoid duplication of activities authorized under this subsection.
The term “Board” means the Direct Air Capture Technology Advisory Board established by clause (iii)(I).
The term “dilute” means a concentration of less than 1 percent by volume.
The term “direct air capture”, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
Not later than 1 year after
The Administrator may establish an advisory board to be known as the “Direct Air Capture Technology Advisory Board”.
A member of the Board shall serve for a term of 6 years.
Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board.
The Board shall meet at the call of the Chairperson or on the request of the Administrator.
A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings.
The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.
Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5 for each day during which the member is engaged in the actual performance of the duties of the Board.
As a condition of receiving a financial award under this subparagraph, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States.
Title to any intellectual property described in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property.
There is authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended.
Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.),1
In this subparagraph, the term “deep saline formation” means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid.
In this subparagraph, the term “deep saline formation” does not include oil and gas reservoirs.
If, in the judgment of the Administrator, an air pollution problem of substantial significance may result from discharge or discharges into the atmosphere, the Administrator may call a conference concerning this potential air pollution problem to be held in or near one or more of the places where such discharge or discharges are occurring or will occur. All interested persons shall be given an opportunity to be heard at such conference, either orally or in writing, and shall be permitted to appear in person or by representative in accordance with procedures prescribed by the Administrator. If the Administrator finds, on the basis of the evidence presented at such conference, that the discharge or discharges if permitted to take place or continue are likely to cause or contribute to air pollution subject to abatement under this part, the Administrator shall send such findings, together with recommendations concerning the measures which the Administrator finds reasonable and suitable to prevent such pollution, to the person or persons whose actions will result in the discharge or discharges involved; to air pollution agencies of the State or States and of the municipality or municipalities where such discharge or discharges will originate; and to the interstate air pollution control agency, if any, in the jurisdictional area of which any such municipality is located. Such findings and recommendations shall be advisory only, but shall be admitted together with the record of the conference, as part of the proceedings under subsections (b), (c), (d), (e), and (f) of section 7408 of this title.
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (g)(6)(B)(vi), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§ 3(a), 7,
The Acid Precipitation Act of 1980, referred to in subsec. (j)(1), (3)(A), is title VII of Pub. L. 96–294,
In subsec. (b)(4), “section 3324(a) and (b) of title 31 and section 6101 of title 41” substituted for “sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)” on authority of Pub. L. 97–258, § 4(b),
Section was formerly classified to section 1857b of this title.
Provisions similar to those in subsec. (a)(3) of this section were contained in subsec. (a) of a prior section 1857b of this title, act July 14, 1955, ch. 360, § 3, 69 Stat. 322, as amended
Provisions similar to those in this section were contained in prior sections 1857a to 1857d of this title, act July 14, 1955, ch. 360, §§ 2 to 5, 69 Stat. 322 (section 1857b as amended
2020—Subsec. (c)(3). Pub. L. 116–260, § 102(b)(1), substituted “precursors” for “percursors” in introductory provisions.
Subsec. (g)(1). Pub. L. 116–260, § 102(b)(2)(C)(iii), designated first sentence of introductory provisions as par. (1) and inserted heading. Former par. (1) redesignated subpar. (A) of par. (3).
Subsec. (g)(2). Pub. L. 116–260, § 102(b)(2)(C)(ii), designated second sentence of introductory provisions as par. (2), inserted heading, substituted “Such strategies and technologies described in paragraph (1) shall be developed” for “Such strategies and technologies shall be developed”, and inserted “States, institutions of higher education,” after “scientists,”. Former par. (2) redesignated subpar. (B) of par. (3).
Subsec. (g)(3). Pub. L. 116–260, § 102(b)(2)(C)(i), designated third sentence of introductory provisions as par. (3), inserted heading, and substituted “The program under this subsection” for “Such program”. Former par. (3) redesignated subpar. (C) of par. (3).
Subsec. (g)(3)(A) to (D). Pub. L. 116–260, § 102(b)(2)(A), redesignated pars. (1) to (4) of subsec. (g) as subpars. (A) to (D), respectively, of par. (3).
Subsec. (g)(4), (5). Pub. L. 116–260, § 102(b)(2)(B), designated first and second sentences of concluding provisions as pars. (4) and (5), respectively, and inserted headings. Former par. (4) redesignated subpar. (D) of par. (3).
Subsec. (g)(6). Pub. L. 116–260, § 102(b)(2)(D), added par. (6).
1990—Subsec. (a)(1). Pub. L. 101–549, § 901(a)(1), inserted “(including health and welfare effects)” after “effects”.
Subsec. (b)(8). Pub. L. 101–549, § 901(a)(2), which directed amendment of subsec. (b) by adding par. (8) at end, was executed by adding par. (8) after par. (7) to reflect the probable intent of Congress.
Subsecs. (c) to (f). Pub. L. 101–549, § 901(b), amended subsecs. (c) to (f) generally, substituting present provisions for provisions which related to: in subsec. (c), results of other scientific studies; in subsec. (d), construction of facilities; in subsec. (e), potential air pollution problems, conferences, and findings and recommendations of the Administrator; and, in subsec. (f), accelerated research programs.
Subsecs. (g) to (k). Pub. L. 101–549, § 901(c), added subsecs. (g) to (k).
1977—Subsec. (a). Pub. L. 95–95, § 101(b), struck out reference to “training” in par. (1) and added par. (5).
Subsec. (b). Pub. L. 95–95, § 101(a), struck out par. (5) which provided for training and training grants to personnel of air pollution control agencies and other persons with suitable qualifications, redesignated pars. (6), (7), and (8) as (5), (6), and (7), respectively, and, following par. (7) as so redesignated, inserted provisions directing the Administrator, in carrying out subsec. (a), to provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications and to make grants to such agencies, to other public or nonprofit private agencies, institutions, and organizations for the purposes stated in subsec. (a)(5) and allowing reasonable fees to be charged for such training provided to persons other than personnel of air pollution control agencies but requiring that such training be provided to such personnel of air pollution control agencies without charge.
1970—Subsec. (a). Pub. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary”.
Subsec. (b). Pub. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary” and “Environmental Protection Agency” for “Department of Health, Education, and Welfare”.
Subsec. (c). Pub. L. 91–604, § 15(a)(2), (c)(2), substituted “Administrator” for “Secretary” and “air pollutants” for “air pollution agents (or combinations of agents)”.
Subsec. (d). Pub. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary”.
Subsec. (e). Pub. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary” wherever appearing, substituted “7415” for “7415(a)”, and inserted references to subsecs. (b) and (c) of section 7415 of this title.
Subsec. (f). Pub. L. 91–604, § 2(a), added subsec. (f).
1967—Subsec. (a). Pub. L. 90–148 substituted “establish technical advisory committees composed of recognized experts in various aspects of air pollution to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research” for “initiate and conduct a program of research directed toward the development of improved, low-cost techniques for extracting sulfur from fuels” as cl. (4) and struck out cl. (5) which related to research programs relating to the control of hydrocarbon emissions from evaporation of gasoline and nitrogen and aldehyde oxide emission from gasoline and diesel powered vehicles and relating to the development of improved low-cost techniques to reduce emissions of oxides of sulfur produced by the combustion of sulfur-containing fuels.
Subsec. (c). Pub. L. 90–148 struck out provision for promulgation of criteria in the case of particular air pollution agents present in the air in certain quantities reflecting the latest scientific knowledge and allowing for availability and revision and provided for recommendation by Secretary of air quality criteria.
Subsec. (e). Pub. L. 90–148 substituted references to subsections (d), (e), and (f) of section 7415 of this title for references to subsections (c), (d), and (e) of section 7415 of this title in provision for admission of advisory findings and recommendations together with the record of the conference and made such findings and recommendations part of the proceedings of the conference, not merely part of the record of proceedings.
1965—Subsec. (a)(5). Pub. L. 89–272, § 103(3), added par. (5).
Subsecs. (d), (e). Pub. L. 89–272, § 103(4), added subsecs. (d) and (e).
Amendment by Pub. L. 95–95 effective
For termination, effective
All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act
Advisory committees in existence on
Pub. L. 106–246, div. B, title II, § 2603,
Pub. L. 101–549, title IV, § 405,
Pub. L. 101–549, title IX, § 901(e),
Pub. L. 101–549, title IX, § 901(g),
Pub. L. 95–95, title I, § 101(c),
Pub. L. 86–493,