PRIA, Government Policy, Made Personal

Summary

The Administrator must encourage states and local governments to work together to prevent and control air pollution. The Administrator must also promote better and, when possible, more similar state and local laws and support agreements or compacts between states. The Administrator must cooperate with federal agencies so federal resources and facilities are used in the air pollution control program. Congress allows two or more states to make agreements or compacts for joint pollution control and enforcement and to set up agencies to carry them out. Those agreements cannot conflict with U.S. laws or treaties and do not bind a state until Congress approves them. After November 21, 1967, a compact about an air quality region must not include a state that is not in that region.

Title 42, §7402

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

(a)Interstate cooperation; uniform State laws; State compacts

The Administrator shall encourage cooperative activities by the States and local governments for the prevention and control of air pollution; encourage the enactment of improved and, so far as practicable in the light of varying conditions and needs, uniform State and local laws relating to the prevention and control of air pollution; and encourage the making of agreements and compacts between States for the prevention and control of air pollution.

(b)Federal cooperation

The Administrator shall cooperate with and encourage cooperative activities by all Federal departments and agencies having functions relating to the prevention and control of air pollution, so as to assure the utilization in the Federal air pollution control program of all appropriate and available facilities and resources within the Federal Government.

(c)Consent of Congress to compacts

The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) cooperative effort and mutual assistance for the prevention and control of air pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by Congress. It is the intent of Congress that no agreement or compact entered into between States after November 21, 1967, which relates to the control and abatement of air pollution in an air quality control region, shall provide for participation by a State which is not included (in whole or in part) in such air quality control region.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1857a of this title.

Prior Provisions

Provisions similar to those in the first clause of subsec. (a) of this section were contained in subsec. (b)(1) of a prior section 1857a, of this title, act July 14, 1955, ch. 360, § 2, 69 Stat. 322, prior to the general amendment of this chapter by Pub. L. 88–206.

Amendments

1970—Subsecs. (a), (b). Pub. L. 91–604 substituted “Administrator” for “Secretary” wherever appearing. 1967—Subsec. (c). Pub. L. 90–148 inserted declaration that it is the intent of Congress that no agreement or compact entered into between States after the date of enactment of the Air Quality Act of 1967, which for purposes of codification was changed to November 21, 1967, the date of approval of such Act, relating to the control and abatement of air pollution in an air quality control region, shall provide for participation by a State which is not included (in whole or in part) in such air quality control region.

§7402 Cooperative Activities