24 



tuted "this title" for "this Act", which for purposes of 

 codification has been changed to "this subchapter." 



Subsec. (c)(l)(0). Pub. L. 69-272, i 102(a), added 

 lubpar. (D). 



Subsec. (d)(3). Pub. L. 89-272, J 101(2) , 'substituted 

 "subchapter" for "chapter". 



Subsec. (f)(1). Pub. L. 89-272, j 102(b), Inserted 

 "(A) "and added cl. (B). 



§ 1857d-l. Retention of State authority. 



Except as otherwise provided In sections 1857f-6a, 

 1857f-6c(c) (4) and 1857f-ll of this title (preempt- 

 ing certain State regulation of moving sources) 

 nothing In this chapter shall preclude or deny the 

 right of any State or political subdivision thereof 

 to adopt or enforce ( 1 ) any standard or limitation 

 respecting emissions of air pollutante or (2) any 

 requirement respecting control or abatement of air 

 pollution; except that If an emission standard or 

 limitation Is In effect under an applicable Implemen- 

 tation plan or under section 1857c-8 or section 

 1857C-7 of this title, such State or political subdivi- 

 sion may not adopt or enforce any emission standard 

 or limitation which Is less stringent than the stand- 

 ard or limitation under such plan or section. (July 

 14, 1966, ch. 360, tlUe I, 9 116. formerly { 109, as 

 added Nov. 21, 1967, Pub. L. 90-148, { 2, 81 Stat. 497, 

 renumbered and amended Dec. 31, 1970, Pub. L. 91- 

 604, i 4(a), (c), 84 Stat. 1678, 1689.) 

 Amindmenti 



1970— Pub. L. 91-804, 1 4(c), substituted provisions 

 which authorized any State or political subdivision 

 thereof to adopt or enforce, except as otherwise provided, 

 emission standards or limitations under the specified con- 

 ditions, or any requirement respecting control or abate- 

 ment of air pollution, fgr provisions whloh authorized any 

 State, political subdivision, or Intermunlclpal or Interstate 

 agency to adopt standards and plana to achieve a higher 

 level of air quality than approved by the Secretary. 



§1857e. Air Quality Advisory Board; advisory com- 

 mittees. 



(a) Establishment of Board; membership; appoint- 

 ment; term. 



(1) There Is hereby established in the Environ- 

 mental Protection Agency an Air Quality Advisory 

 Board, composed of the Administrator or his de- 

 signee, who shall be Chairman, and fifteen mem- 

 bers appointed by the President, none of whom shall 

 be Federal officers or employees. The appointed 

 members, having due regard for the purposes of this 

 chapter, shall be selected from among representatives 

 of various State, Interstate, and local governmental 

 agencies, of public or private Interests contributing 

 to, affected by, or concerned with air pollution, and 

 of other public and private agencies, organizations, 

 or groups demonstrating and active interest In the 

 field of air pollution prevention and control, as well 

 as other individuals who are expert In this field. 



(2) Each member appointed by the President shall 

 hold office for a term of three years, except that (A) 

 any member appointed to fill a vacancy occurring 

 prior to the expiration of the term for which his 

 predecessor was appointed shall be appointed for the 

 remainder of such term, and (B) the terms of office 

 of the members first taldng office pursuant to this 

 subsection shall expire as follows: five at the end of 

 one year after the <ia.te of appointment, five at the end 

 of two years after such date, and five at the end of 



three years after such date, as designated by the 

 President at the time of appointment, and (C) the 

 term of any member under the preceding provlolons 

 shall be extended until the date on which his suc- 

 cessor's appointment Is effective. None of the mem- 

 bers shall be eligible for reappointment within one 

 year after the end of his preceding term, unless such 

 term was for less than three years. 



(b) Duties of Board. . 



The Board shall advise and consult with the 

 Administrator on matters of policy relating to the 

 activities and functions of the Administrator under 

 this chapter and make such recommendations as It 

 deems necessary to the President. 



(c) Clerical and technical assistance. 



Such clerical and technical assistance as may be 

 necessary to discharge the duties of the Board and 

 such other advisory committees as hereinafter au- 

 thorized shall be provided from the personnel of the 

 Environmental Protection Agency. 



(d) Advisory committees. 



In order to obtain assistance in the development 

 and implementation of the purposes of ttiia chapter 

 including air quality criteria, recommended control 



techniques, standards, research and development, 

 and to encourage the continued efforts on the part 

 of Industry to Improve air quality and to develop 

 economically feasible methods for the control and 

 abatement of air pollution, the Administrator shall 

 from time to time establish advisory committees. 

 Committee members shall include, but not be limited 

 to, persons who are knowledgeable concerning air 

 quality from the standpoint of health, welfare, 

 economics or technology. 



(e) Compensation; travel expenses. 



The members of the Board and other advisory 

 committees appointed pursuant to this chapter who 

 are not officers or employees of the United States 

 while attending conferences or meetings of the Board 

 or while otherwise serving at the request of the Ad- 

 ministrator, shall be entitled to receive compensa- 

 tion at a rate to be fixed by the Administrator, but 

 not exceeding $100 per diem, Including traveltlme, 

 and while away from their homes or regular places 

 of business they may be allowed travel expenses. In- 

 cluding per diem in lieu of subsistence, as authorized 

 by section 5703 of Title 5 for persons in the Govern- 

 ment service employed intermittently. 



(f) Consultations by Administrator. 

 Prior to — 



(1) Issuing criteria for an air pollutant under 

 section 1857c-3(a) (2) of this title, 



(2) publishing any list under section 1857C-6 

 (b)(1)(A) or section 1857c-7(b) (1) (A) of this 

 title, 



(3) publishing any standard under section 

 1857c-6(b)(l) (B) or section 1857c-7(b) (1) (B) of 

 this title, or 



(4) publishing any regulation under section 

 1857f-l(a) of this title, 



the Administrator shall, to the maximum extent 

 practicable within the time provided, consult with 

 appropriate advisory committees, independence ex- 



