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Title 42, The Public Health and WelfareRelease 119-110

§7421 Consultation

Title 42 › CHAPTER 85 — AIR POLLUTION PREVENTION AND CONTROL › SUBCHAPTER I — PROGRAMS AND ACTIVITIES › Part A — Air Quality and Emission Limitations › § 7421

Last updated Sep 23, 2026|Official source

Summary

States must give local governments, groups of elected local officials, and any federal land manager a fair chance to consult when the state adds certain air-quality measures to its plan. This covers things like transportation controls, air-quality maintenance or preconstruction rules, measures under part D (nonattainment) or part C (prevention of significant deterioration), and actions under section 7413(d). The consultation must apply to any such requirement added more than one year after August 7, 1977, and must follow rules the EPA Administrator creates and updates (including updates to the rules in effect just before November 15, 1990). Only a general-purpose local government, a regional agency, or a council of governments that is harmed by the EPA Administrator’s approval of part of a plan may ask a court to review that approval for violating these consultation requirements.

Full Legal Text

Title 42, §7421

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

In carrying out the requirements of this chapter requiring applicable implementation plans to contain— (1)
(2)any measure referred to—
(A)in part D (pertaining to nonattainment requirements), or
(B)in part C (pertaining to prevention of significant deterioration),
and in carrying out the requirements of section 7413(d) of this title (relating to certain enforcement orders), the State shall provide a satisfactory process of consultation with general purpose local governments, designated organizations of elected officials of local governments and any Federal land manager having authority over Federal land to which the State plan applies, effective with respect to any such requirement which is adopted more than one year after August 7, 1977, as part of such plan. Such process shall be in accordance with regulations promulgated by the Administrator to assure adequate consultation. The Administrator shall update as necessary the original regulations required and promulgated under this section (as in effect immediately before November 15, 1990) to ensure adequate consultation. Only a general purpose unit of local government, regional agency, or council of governments adversely affected by action of the Administrator approving any portion of a plan referred to in this subsection may petition for judicial review of such action on the basis of a violation of the requirements of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 7413(d) of this title, referred to in text, 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—Pub. L. 101–549 amended penultimate sentence generally. Prior to amendment, penultimate sentence read as follows: “Such

Regulations

shall be promulgated after notice and opportunity for public hearing and not later than 6 months after August 7, 1977.”

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. § 7421

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110