Title 42The Public Health and WelfareRelease 119-73

§7424 Assurance of adequacy of State plans

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - PROGRAMS AND ACTIVITIES › Part Part A— - Air Quality and Emission Limitations › § 7424

Last updated Apr 6, 2026|Official source

Summary

Within one year after August 7, 1977, each State must review the parts of its plan for large fuel-burning sources and decide three things: how much the plan depends on using petroleum or natural gas; whether that dependence could make the plan fail to meet the law reliably over the long term; and how much the plan depends on coal or coal products that are not available locally or regionally. No later than eighteen months after August 7, 1977, the Administrator must review the States’ reports and can require a State to change its plan if needed to keep it reliable long-term, taking into account any current or possible bans on oil or natural gas under other laws. Before forcing a change, the Administrator must consider the State’s report and consult the Governor.

Full Legal Text

Title 42, §7424

The Public Health and Welfare — Source: USLM XML via OLRC

(a)As expeditiously as practicable but not later than one year after August 7, 1977, each State shall review the provisions of its implementation plan which relate to major fuel burning sources and shall determine—
(1)the extent to which compliance with requirements of such plan is dependent upon the use by major fuel burning stationary sources of petroleum products or natural gas,
(2)the extent to which such plan may reasonably be anticipated to be inadequate to meet the requirements of this chapter in such State on a reliable and long-term basis by reason of its dependence upon the use of such fuels, and
(3)the extent to which compliance with the requirements of such plan is dependent upon use of coal or coal derivatives which is not locally or regionally available.
(b)(1)Not later than eighteen months after August 7, 1977, the Administrator shall review the submissions of the States under subsection (a) and shall require each State to revise its plan if, in the judgment of the Administrator, such plan revision is necessary to assure that such plan will be adequate to assure compliance with the requirements of this chapter in such State on a reliable and long-term basis, taking into account the actual or potential prohibitions on use of petroleum products or natural gas, or both, under any other authority of law.
(2)Before requiring a plan revision under this subsection, with respect to any State the Administrator shall take into account the report of the review conducted by such State under paragraph (1) and shall consult with the Governor of the State respecting such required revision.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an

Effective Date

of 1977 Amendment note under section 7401 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7424

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73