§7426 — Title 42 The Public Health and Welfare | U.S. Code

Summary

States must make their air-quality plans require big new or changed pollution sources that are either covered by the federal "significant deterioration" rules or that could raise pollution in other states above national air-quality limits to follow those rules. States must also list major existing stationary sources that might have that cross-border impact and tell neighboring states which sources those are no later than three months after August 7, 1977. A State or local government can ask the EPA Administrator to decide if a major source (or group of sources) is, or would be, breaking the ban on causing air pollution in other states. The Administrator must decide, after a public hearing, within 60 days. Even if a state gave a permit, it is still a violation to build or run a major new or changed source that the Administrator finds would break the ban, and an existing major source must stop operating within three months after such a finding.

Title 42, §7426

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

(a)Each applicable implementation plan shall—

(1)require each major proposed new (or modified) source—

(A)subject to part C (relating to significant deterioration of air quality) or

(B)which may significantly contribute to levels of air pollution in excess of the national ambient air quality standards in any air quality control region outside the State in which such source intends to locate (or make such modification),

(2)identify all major existing stationary sources which may have the impact described in paragraph (1) with respect to new or modified sources and provide notice to all nearby States of the identity of such sources not later than three months after August 7, 1977.

(b)Any State or political subdivision may petition the Administrator for a finding that any major source or group of stationary sources emits or would emit any air pollutant in violation of the prohibition of section 7410(a)(2)(D)(ii) of this title or this section. Within 60 days after receipt of any petition under this subsection and after public hearing, the Administrator shall make such a finding or deny the petition.

(c)Notwithstanding any permit which may have been granted by the State in which the source is located (or intends to locate), it shall be a violation of this section and the applicable implementation plan in such State—

(1)for any major proposed new (or modified) source with respect to which a finding has been made under subsection (b) to be constructed or to operate in violation of the prohibition of section 7410(a)(2)(D)(ii) of this title or this section, or

(2)for any major existing source to operate more than three months after such finding has been made with respect to it.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 7413(d) of this title, referred to in subsec. (c), was amended generally by Pub. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, no longer relates to final compliance orders.

Amendments

1990—Subsec. (b). Pub. L. 101–549, § 109(a)(1), inserted “or group of stationary sources” after “any major source” and substituted “section 7410(a)(2)(D)(ii) of this title or this section” for “section 7410(a)(2)(E)(i) of this title”. Subsec. (c). Pub. L. 101–549, § 109(a)(2)(A), which directed the insertion of “this section and” after “violation of”, was executed by making the insertion after first reference to “violation of” to reflect the probable intent of Congress. Pub. L. 101–549, § 109(a)(2)(B), substituted “section 7410(a)(2)(D)(ii) of this title or this section” for “section 7410(a)(2)(E)(i) of this title” in par. (1) and penultimate sentence. 1977—Subsec. (a)(1). Pub. L. 95–190 substituted “(relating to significant deterioration of air quality)” for “, relating to significant deterioration of air quality”.

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.

§7426 Interstate pollution abatement

Summary

Title 42, §7426

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata