Title 42 — The Public Health and WelfareRelease 119-73
§7428 State boards
Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - PROGRAMS AND ACTIVITIES › Part Part A— - Air Quality and Emission Limitations › § 7428
Summary
By one year after August 7, 1977, each plan must ensure permit boards have public-interest majority members who do not receive significant income from people they regulate, and members or the agency head must disclose any conflicts.
Full Legal Text
Title 42, §7428
The Public Health and Welfare — Source: USLM XML via OLRC
(a)11 So in original. Section enacted without a subsec. (b). Not later than the date one year after August 7, 1977, each applicable implementation plan shall contain requirements that—
(1)any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under this chapter, and
(2)any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.
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. § 7428
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73