Title 42The Public Health and WelfareRelease 119-73

§7504 Planning procedures

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - PROGRAMS AND ACTIVITIES › Part Part D— - Plan Requirements for Nonattainment Areas › Subpart subpart 1— - nonattainment areas in general › § 7504

Last updated Apr 6, 2026|Official source

Summary

For any ozone, carbon monoxide, or PM–10 nonattainment area, the State and the elected officials of the local governments there must, before the date they must send the inventory under sections 7511a(a)(1) and 7512a(a)(1), review and update planning procedures that existed right before November 15, 1990, or make new procedures if needed. They must decide which parts of a revised implementation plan the State will do and which parts local or regional governments will do. A State‑certified organization must prepare the plan, working with local elected officials and including local officials, the State air quality and transportation planning agencies, the metropolitan planning organization under section 134 of title 23, the group in charge of air quality maintenance planning, and any other groups with plan duties. The plan work must be coordinated with the ongoing transportation planning under section 134 of title 23. If a nonattainment area lies in more than one State, the States may work together, including by interstate compact, to carry out these planning steps.

Full Legal Text

Title 42, §7504

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

(a)For any ozone, carbon monoxide, or PM–10 nonattainment area, the State containing such area and elected officials of affected local governments shall, before the date required for submittal of the inventory described under section 7511a(a)(1) and 7512a(a)(1) of this title, jointly review and update as necessary the planning procedures adopted pursuant to this subsection as in effect immediately before November 15, 1990, or develop new planning procedures pursuant to this subsection, as appropriate. In preparing such procedures the State and local elected officials shall determine which elements of a revised implementation plan will be developed, adopted, and implemented (through means including enforcement) by the State and which by local governments or regional agencies, or any combination of local governments, regional agencies, or the State. The implementation plan required by this part shall be prepared by an organization certified by the State, in consultation with elected officials of local governments and in accordance with the determination under the second sentence of this subsection. Such organization shall include elected officials of local governments in the affected area, and representatives of the State air quality planning agency, the State transportation planning agency, the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of title 23, the organization responsible for the air quality maintenance planning process under regulations implementing this chapter, and any other organization with responsibilities for developing, submitting, or implementing the plan required by this part. Such organization may be one that carried out these functions before November 15, 1990.
(b)The preparation of implementation plan provisions and subsequent plan revisions under the continuing transportation-air quality planning process described in section 7408(e) of this title shall be coordinated with the continuing, cooperative and comprehensive transportation planning process required under section 134 of title 23, and such planning processes shall take into account the requirements of this part.
(c)In the case of a nonattainment area that is included within more than one State, the affected States may jointly, through interstate compact or otherwise, undertake and implement all or part of the planning procedures described in this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Pub. L. 101–549 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), preparation of implementation plan by designated organization; and in subsec. (b), coordination of plan preparation.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7504

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73