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42 U.S.C. § 7426 — Interstate pollution abatement

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

42 U.S.C. § 7426 — Interstate pollution abatement

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Stable record: federal_law:legal_authorities:record_usc_3d8a5120fe50ff5714108aa5
Source file: Laws/federal/codes/united-states-code/title-42/section-7426-interstate-pollution-abatement--8260fc8b8b.md
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Source location: Title 42, Chapter 85, § 7426; chapter-085-air-pollution-prevention-and-control.md

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**(a) Written notice to all nearby States** Each applicable implementation plan shall— (1) require each major proposed new (or modified) source— (A) subject to part C (relating to significant deterioration of air quality) or (B) which may significantly contribute to levels of air pollution in excess of the national ambient air quality standards in any air quality control region outside the State in which such source intends to locate (or make such modification), to provide written notice to all nearby States the air pollution levels of which may be affected by such source at least sixty days prior to the date on which commencement of construction is to be permitted by the State providing notice, and (2) identify all major existing stationary sources which may have the impact described in paragraph (1) with respect to new or modified sources and provide notice to all nearby States of the identity of such sources not later than three months after August 7, 1977. **(b) Petition for finding that major sources emit or would emit prohibited air pollutants** Any State or political subdivision may petition the Administrator for a finding that any major source or group of stationary sources emits or would emit any air pollutant in violation of the prohibition of [section 7410(a)(2)(D)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/a/2/D/ii&num=0&edition=prelim) or this section. Within 60 days after receipt of any petition under this subsection and after public hearing, the Administrator shall make such a finding or deny the petition. **(c) Violations; allowable continued operation** Notwithstanding any permit which may have been granted by the State in which the source is located (or intends to locate), it shall be a violation of this section and the applicable implementation plan in such State— (1) for any major proposed new (or modified) source with respect to which a finding has been made under subsection (b) to be constructed or to operate in violation of the prohibition of [section 7410(a)(2)(D)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/a/2/D/ii&num=0&edition=prelim) or this section, or (2) for any major existing source to operate more than three months after such finding has been made with respect to it. The Administrator may permit the continued operation of a source referred to in paragraph (2) beyond the expiration of such three-month period if such source complies with such emission limitations and compliance schedules (containing increments of progress) as may be provided by the Administrator to bring about compliance with the requirements contained in [section 7410(a)(2)(D)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/a/2/D/ii&num=0&edition=prelim) or this section as expeditiously as practicable, but in no case later than three years after the date of such finding. Nothing in the preceding sentence shall be construed to preclude any such source from being eligible for an enforcement order under section 7413(d) 11 See References in Text note below. of this title after the expiration of such period during which the Administrator has permitted continuous operation.

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

42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401

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

42 U.S.C. § 7410 — State implementation plans for national primary and secondary ambient air quality standards

**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems** (1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph. (2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall— (A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7410

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

42 U.S.C. § 7607 — Administrative proceedings and judicial review

**(a) Administrative subpenas; confidentiality; witnesses** In connection with any determination under [section 7410(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/f&num=0&edition=prelim), or for purposes of obtaining information under section 7521(b)(4) 11 See References in Text note below. or 7545(c)(3) of this title, any investigation, monitoring, reporting requirement, entry, compliance inspection, or administrative enforcement proceeding under the 22 So in original. Probably should be “this”. chapter (including but not limited to section 7413, section 7414, section 7420, section 7429, section 7477, section 7524, section 7525, section 7542, section 7603, or [section 7606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7606&num=0&edition=prelim)),,33 So in original. the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for emission data, upon a showing satisfactory to the Administrator by such owner or operator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim), except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, to perso

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7607

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

42 U.S.C. § 7426 — Interstate pollution abatement

Page 7250 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7426 cally or regionally available coal or coal deriva- tives to comply with implementation plan re- quirements. In taking any action under this sub- section, the Governor, the President, or the President’s designee as the case may be, shall take into account, the final cost to the con- sumer of such an action. (c) Contracts; schedules The Governor, in the case of action under sub- section (b)(1), or the Administrator, in the case of an action under subsection (b)(2) or (3) shall, by rule or order, require each source to which such action applies to— (1) enter into long-term contracts of at least ten years in duration (except as the President or his designee may otherwise permit or re- quire by rule or order for good cause) for sup- plies of regionally available coal or coal de- rivatives, (2) enter into contracts to acquire any addi- tional means of emission limitation which the Administrator or the State determines may be necessary to comply with the requirements of this chapter while using such coal or coal de- rivatives as fuel, and (3) comply with such schedules (including in- crements of progress), timetables and other re- quirements as may be necessary to assure compliance with the requirements of this chapter. Requirements under this subsection shall be es- tablished simultaneously with, and as a condi- tion of, any action under subsection (b). (d) Existing or new major fuel burning sta- tionary sources This section applies only to existing or new major fuel burning stationary sources— (1) which have the design capacity to produce 250,000,000 Btu’s per hour (or its equiv- alent), as determined by the Administrator, and (2) which are not in compliance with the re- quirements of an applicable

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7426

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