42 U.S.C. § 7418

Control of pollution from Federal facilities

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(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.

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 or subpart 3 of part D except for such vehicles that are considered military tactical vehicles.

(d) Vehicles operated on Federal installationsEach 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 or subpart 3 of part D 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.(July 14, 1955, ch. 360, title I, § 118, formerly, § 7, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 399; renumbered § 107, Pub. L. 89–272, title I, § 101(3), Oct. 20, 1965, 79 Stat. 992; renumbered § 111 and amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 499; renumbered § 118 and amended Pub. L. 91–604, §§ 4(a), 5, Dec. 31, 1970, 84 Stat. 1678, 1689; Pub. L. 95–95, title I, § 116, Aug. 7, 1977, 91 Stat. 711; Pub. L. 101–549, title I, § 101(e), title II, § 235, title III, § 302(d), Nov. 15, 1990, 104 Stat. 2409, 2530, 2574.)Editorial NotesCodification

Section was formerly classified to section 1857f of this title.

Amendments

1990—Subsec. (a). Pub. L. 101–549, § 235, inserted heading.

Pub. L. 101–549, § 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, § 302(d), substituted “section 7412(i)(4) of this title” for “section 7412(c) of this title”.

Subsecs. (c), (d). Pub. L. 101–549, § 235, added subsecs. (c) and (d).

1977—Subsec. (a). Pub. L. 95–95, § 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, § 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, § 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.

Statutory Notes and Related SubsidiariesEffective Date of 1977 Amendment

Amendment by Pub. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to annual reports to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 12th item on page 20 of House Document No. 103–7.

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.

Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions

All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

Executive DocumentsExecutive 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.

Executive Order No. 11507

Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, which provided for the prevention, control, and abatement of air pollution at Federal facilities, was superseded by Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, formerly set out as a note under section 4331 of this title.

Notes of Decisions

Cited in 54 cases (1 in the last 5 years), 1978–2021 · leading case: City of Jacksonville v. Dep't of the Navy, 348 F.3d 1307 (11th Cir. 2003).

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City of Jacksonville v. Dep't of the Navy, 348 F.3d 1307 (11th Cir. 2003). · cites it 10× “” 42 U.S.C. § 7418 . Thus, the Navy facilities located in Jacksonville are subject to both the State and City air pollution regulations.”

North Carolina Ex Rel. Cooper v. Tennessee Valley Auth., 515 F.3d 344 (4th Cir. 2008). · cites it 6× “42 U.S.C. § 7418 (a). The TVA argues that this provision of the CAA waives only some of the protections of the Supremacy Clause in that it subjects the TVA only to state "requirements" which are based on objective, quantifiable standards subject to uniform application.”

California Coastal Comm'n v. Granite Rock Co., 480 U.S. 572 (1987). · cites it 2× “See 42 U. S. C. § 7418 (a) (Clean Air Act requires federal agencies to comply with analogous state regulations); 33 U.”

North Carolina Ex Rel. Cooper v. Tennessee Valley Auth., 439 F. Supp. 2d 486 (W.D.N.C. 2006). · cites it 4× “See, 42 U.S.C. § 7418 (“Control of pollution from Federal facilities”).”

State of North Carolina v. United States, 7 F.4th 160 (4th Cir. 2021). · cites it 6× “See 42 U.S.C. § 7418 (a). To that end, in 2014, Cherry Point obtained a North Carolina-issued permit authorizing operation of its steam boilers but imposing a cap on the emission of certain hazardous air pollutants.”

United States v. Thorn, 659 F.3d 227 (2d Cir. 2011). “§ 1956 (a)(1)(A)®, (h), and nine counts of Clean Air Act violations, see 42 U.S.C. § 7418 (c)(1), the parties cross-appeal from an amended judgment of conviction entered on December 8, 2010, in the United States District Court for the Northern District of New York (Frederick J.”

State of Me. v. Dep't of Navy, 702 F. Supp. 322 (D. Me. 1988). · cites it 3× “” 42 U.S.C. §7418 (prior to amendment); P.L.”

United States v. Tennessee Air Pollution Control Bd., 185 F.3d 529 (6th Cir. 1999). · cites it 3× “At issue is the extent to which the federal government’s sovereign immunity has been waived by §§ 118(a) and 304(e) of the Clean Air Act, 42 U.S.C. §§ 7418 (a) and 7604(e). Concluding, as did the district court, that the Clean Air Act unambiguously waives sovereign immunity as…”

North Carolina, Ex Rel. Cooper v. Tennessee Valley Auth., 615 F.3d 291 (4th Cir. 2010). “We affirmed, holding that TVA’s immunity was waived because the Clean Air Act required federal entities to comply with state and local regulations “in the same manner, and to the same extent as any nongovernmental entity,” 42 U.”

Sierra Club v. Tennessee Valley Auth., 430 F.3d 1337 (11th Cir. 2005). “We went on to hold in City of Jacksonville that the Clean Air Act’s general waiver of sovereign immunity contained in § 118(a), 42 U.S.C. § 7418 (a), which is sometimes called the “federal facilities provision,” is limited to coercive fines.”

People of the State of California, Etc. v. Dep't of the Navy, 624 F.2d 885 (9th Cir. 1980). · cites it 3× “But the states have primary responsibility for implementing those standards; the states must develop and adopt “implementation plans” which, after EPA approval, are published as regulations in the Federal Register.”

United States v. South Coast Air Quality Mgmt. Dist., 748 F. Supp. 732 (C.D. Cal. 1990). · cites it 5× “42 U.S.C. § 7418 (a). Section 118 also provides that the President may exempt any federal entity from compliance with the Act upon a determination that such an exemption is in the best interest of the United States.”

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