§7506a Interstate transport commissions

Summary

The Administrator may create a "transport region" when they believe pollution blowing across state lines is causing another state to fail the national air-quality standard. The Administrator can act on their own or after a governor asks. They can add any state or part of a state to the region if it significantly contributes to the problem, or remove a state or part of a state if controlling emissions there will not help the region meet the standard. When a region is set up, the Administrator must form a transport commission. Members must include each region governor (or a designee), the Administrator (or a designee), the affected EPA Regional Administrators (or designees), and a state air pollution official from each state. The commission studies how pollution moves across the region, suggests ways to reduce it, and recommends measures so state plans meet section 7410(a)(2)(D). The commission can ask the Administrator to declare a state's plan substantially inadequate under section 7410(k)(5). The Administrator must decide to approve, disapprove, or partially approve that request within 18 months, allow public input, respond to each commission recommendation, and issue the finding if approving. That decision is final under section 7607(b). The commission is not subject to chapter 10 of title 5.