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42 U.S.C. § 7477 — Enforcement

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7477 — Enforcement

The Administrator shall, and a State may, take such measures, including issuance of an order, or seeking injunctive relief, as necessary to prevent the construction or modification of a major emitting facility which does not conform to the requirements of this part, or which is proposed to be constructed in any area designated pursuant to [section 7407(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim) as attainment or unclassifiable and which is not subject to an implementation plan which meets the requirements of this part.

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Source location: Title 42, Chapter 85, § 7477; chapter-085-air-pollution-prevention-and-control.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7407 — Air quality control regions

**(a) Responsibility of each State for air quality; submission of implementation plan** Each State shall have the primary responsibility for assuring air quality within the entire geographic area comprising such State by submitting an implementation plan for such State which will specify the manner in which national primary and secondary ambient air quality standards will be achieved and maintained within each air quality control region in such State. **(b) Designated regions** For purposes of developing and carrying out implementation plans under [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim)— (1) an air quality control region designated under this section before December 31, 1970, or a region designated after such date under subsection (c), shall be an air quality control region; and (2) the portion of such State which is not part of any such designated region shall be an air quality control region, but such portion may be subdivided by the State into two or more air quality control regions with the approval of the Administrator. **(c) Authority of Administrator to designate regions; notification of Governors of affected States** The Administrator shall, within 90 days after December 31, 1970, after consultation with appropriate State and local authorities, designate as an air quality control region any interstate area or major intrastate area which he deems necessary or appropriate for the attainment and maintenance of ambient air quality standards. The Administrator shall immediately notify the Governors of the affected States of any designation made under this subsection. **(d) Designations** (1) **Designations generally** (A) *Submission by Governors of initial designatio

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7413 — Federal enforcement

**(a) In general** (1) **Order to comply with SIP** — Whenever, on the basis of any information available to the Administrator, the Administrator finds that any person has violated or is in violation of any requirement or prohibition of an applicable implementation plan or permit, the Administrator shall notify the person and the State in which the plan applies of such finding. At any time after the expiration of 30 days following the date on which such notice of a violation is issued, the Administrator may, without regard to the period of violation (subject to [section 2462 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2462&num=0&edition=prelim))— (A) issue an order requiring such person to comply with the requirements or prohibitions of such plan or permit, (B) issue an administrative penalty order in accordance with subsection (d), or (C) bring a civil action in accordance with subsection (b). (2) **State failure to enforce SIP or permit program** — Whenever, on the basis of information available to the Administrator, the Administrator finds that violations of an applicable implementation plan or an approved permit program under subchapter V are so widespread that such violations appear to result from a failure of the State in which the plan or permit program applies to enforce the plan or permit program effectively, the Administrator shall so notify the State. In the case of a permit program, the notice shall be made in accordance with subchapter V. If the Administrator finds such failure extends beyond the 30th day after such notice (90 days in the case of such permit program), the Administrator shall give public notice of such finding. During the period beginning with such public notice and ending when such Sta

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7477 — Enforcement

Page 7268 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7477 1 So in original. Probably should be ‘‘of’’. nitrogen oxides, the Administrator shall con- duct a study and not later than two years after August 7, 1977, promulgate regulations to pre- vent the significant deterioration of air quality which would result from the emissions of such pollutants. In the case of pollutants for which national ambient air quality standards are pro- mulgated after August 7, 1977, he shall promul- gate such regulations not more than 2 years after the date of promulgation of such stand- ards. (b) Effective date of regulations Regulations referred to in subsection (a) shall become effective one year after the date of pro- mulgation. Within 21 months after such date of promulgation such plan revision shall be sub- mitted to the Administrator who shall approve or disapprove the plan within 25 months after such date or 1 promulgation in the same manner as required under section 7410 of this title. (c) Contents of regulations Such regulations shall provide specific numer- ical measures against which permit applications may be evaluated, a framework for stimulating improved control technology, protection of air quality values, and fulfill the goals and purposes set forth in section 7401 and section 7470 of this title. (d) Specific measures to fulfill goals and pur- poses The regulations of the Administrator under subsection (a) shall provide specific measures at least as effective as the increments established in section 7473 of this title to fulfill such goals and purposes, and may contain air quality incre- ments, emission density requirements, or other measures. (e) Area classification plan not required With respect to any air pollutant for which a national ambient

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