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42 U.S.C. § 7421 — Consultation
Federal law — U.S. Code and appendices · legal_authorities
In carrying out the requirements of this chapter requiring applicable implementation plans to contain—
(1) any transportation controls, air quality maintenance plan requirements or preconstruction review of direct sources of air pollution, or
(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) 11 See References in Text note below. 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 22 So in original. may petition for judicial review of such action on the basis of a violation of the requirements of this section.
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Source location: Title 42, Chapter 85, § 7421; chapter-085-air-pollution-prevention-and-control.md
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In carrying out the requirements of this chapter requiring applicable implementation plans to contain—
(1) any transportation controls, air quality maintenance plan requirements or preconstruction review of direct sources of air pollution, or
(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) 11 See References in Text note below. 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 22 So in original. may petition for judicial review of such action on the basis of a violation of the requirements of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Page 7247
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7421
1 See References in Text note below.
2 So in original.
(July 14, 1955, ch. 360, title I, § 120, as added Pub.
L. 95–95, title I, § 118, Aug. 7, 1977, 91 Stat. 714;
amended Pub. L. 95–190, § 14(a)(28)–(38), Nov. 16,
1977, 91 Stat. 1401; Pub. L. 101–549, title VII,
§ 710(a), Nov. 15, 1990, 104 Stat. 2684.)
Editorial Notes
REFERENCES IN TEXT
Section 7413(d) of this title, referred to in subsec.
(a)(2)(B), 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.
Section 1857c–10 of this title (as in effect before Au-
gust 7, 1977), referred to in subsec. (a)(2)(B)(i), was in
the original ‘‘section 119 (as in effect before the date of
the enactment of the Clean Air Act Amendments of
1977)’’, meaning section 119 of act July 14, 1955, ch. 360,
title I, as added June 22, 1974, Pub. L. 93–319, § 3, 88 Stat.
248, (which was classified to section 1857c–10 of this
title) as in effect prior to the enactment of Pub. L.
95–95, Aug. 7, 1977, 91 Stat. 691, effective Aug. 7, 1977.
Section 112(b)(1) of Pub. L. 95–95 repealed section 119 of
act July 14, 1955, ch. 360, title I, as added by Pub. L.
93–319, and provided that all references to such section
119 in any subsequent enactment which supersedes Pub.
L. 93–319 shall be construed to refer to section 113(d) of
the Clean Air Act and to paragraph (5) thereof in par-
ticular which is classified to subsec. (d)(5) of section
7413 of this title. Section 7413(d) of this title was subse-
quently 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. Section 117(b)
of
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