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42 U.S.C. § 7506a — Interstate transport commissions

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

42 U.S.C. § 7506a — Interstate transport commissions

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Stable record: federal_law:legal_authorities:record_usc_650af37cbdf92437e5a19ca3
Source file: Laws/federal/codes/united-states-code/title-42/section-7506a-interstate-transport-commissions--cde1302e96.md
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Source location: Title 42, Chapter 85, § 7506a; chapter-085-air-pollution-prevention-and-control.md

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**(a) Authority to establish interstate transport regions** Whenever, on the Administrator’s own motion or by petition from the Governor of any State, the Administrator has reason to believe that the interstate transport of air pollutants from one or more States contributes significantly to a violation of a national ambient air quality standard in one or more other States, the Administrator may establish, by rule, a transport region for such pollutant that includes such States. The Administrator, on the Administrator’s own motion or upon petition from the Governor of any State, or upon the recommendation of a transport commission established under subsection (b), may— (1) add any State or portion of a State to any region established under this subsection whenever the Administrator has reason to believe that the interstate transport of air pollutants from such State significantly contributes to a violation of the standard in the transport region, or (2) remove any State or portion of a State from the region whenever the Administrator has reason to believe that the control of emissions in that State or portion of the State pursuant to this section will not significantly contribute to the attainment of the standard in any area in the region. The Administrator shall approve or disapprove any such petition or recommendation within 18 months of its receipt. The Administrator shall establish appropriate proceedings for public participation regarding such petitions and motions, including notice and comment. **(b) Transport commissions** (1) **Establishment** — Whenever the Administrator establishes a transport region under subsection (a), the Administrator shall establish a transport commission comprised of (at a minimum) each of the following members: (A) The Governor of each State in the region or the designee of each such Governor. (B) The Administrator or the Administrator’s designee. (C) The Regional Administrator (or the Administrator’s designee) for each Regional Office for each Environmental Protection Agency Region affected by the transport region concerned. (D) An air pollution control official representing each State in the region, appointed by the Governor. Decisions of, and recommendations and requests to, the Administrator by each transport commission may be made only by a majority vote of all members other than the Administrator and the Regional Administrators (or designees thereof). (2) **Recommendations** — The transport commission shall assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region, assess strategies for mitigating the interstate pollution, and recommend to the Administrator such measures as the Commission determines to be necessary to ensure that the plans for the relevant States meet the requirements of [section 7410(a)(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/a/2/D&num=0&edition=prelim). Such commission shall not be subject to the provisions of chapter 10 of title 5. **(c) Commission requests** A transport commission established under subsection (b) may request the Administrator to issue a finding under [section 7410(k)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/k/5&num=0&edition=prelim) that the implementation plan for one or more of the States in the transport region is substantially inadequate to meet the requirements of [section 7410(a)(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/a/2/D&num=0&edition=prelim). The Administrator shall approve, disapprove, or partially approve and partially disapprove such a request within 18 months of its receipt and, to the extent the Administrator approves such request, issue the finding under [section 7410(k)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/k/5&num=0&edition=prelim) at the time of such approval. In acting on such request, the Administrator shall provide an opportunity for public participation and shall address each specific recommendation made by the commission. Approval or disapproval of such a request shall constitute final agency action within the meaning of [section 7607(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7607/b&num=0&edition=prelim).

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

42 U.S.C. § 7406 — Interstate air quality agencies; program cost limitations

For the purpose of developing implementation plans for any interstate air quality control region designated pursuant to [section 7407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407&num=0&edition=prelim) or of implementing [section 7506a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7506a&num=0&edition=prelim) (relating to control of interstate air pollution) or [section 7511c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511c&num=0&edition=prelim) (relating to control of interstate ozone pollution), the Administrator is authorized to pay, for two years, up to 100 per centum of the air quality planning program costs of any commission established under [section 7506a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7506a&num=0&edition=prelim) (relating to control of interstate air pollution) or [section 7511c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511c&num=0&edition=prelim) (relating to control of interstate ozone pollution) or any agency designated by the Governors of the affected States, which agency shall be capable of recommending to the Governors plans for implementation of national primary and secondary ambient air quality standards and shall include representation from the States and appropriate political subdivisions within the air quality control region. After the initial two-year period the Administrator is authorized to make grants to such agency or such commission in an amount up to three-fifths of the air quality implementation program costs of such agency or commission.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7406

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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. § 7506a — Interstate transport commissions

Page 7283 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7506a Subsec. (c)(7) to (10). Pub. L. 109–59, § 6011(c)–(e), added pars. (7) to (10). 2000—Subsec. (c)(6). Pub. L. 106–377 added par. (6). 1996—Subsec. (c)(4)(D). Pub. L. 104–260 added subpar. (D). 1995—Subsec. (c)(5). Pub. L. 104–59 added par. (5). 1990—Subsecs. (a), (b). Pub. L. 101–549, § 110(4), struck out subsec. (a) which related to approval of projects or award of grants, and subsec. (b) which related to imple- mentation of approved or promulgated plans. Subsec. (c). Pub. L. 101–549, § 101(f), designated exist- ing provisions as par. (1), struck out ‘‘(1)’’, ‘‘(2)’’, ‘‘(3)’’, and ‘‘(4)’’ before ‘‘engage in’’, ‘‘support in’’, ‘‘license or’’, and ‘‘approve, any’’, respectively, substituted ‘‘conform to an implementation plan after it’’ for ‘‘con- form to a plan after it’’, ‘‘conform to an implementa- tion plan approved’’ for ‘‘conform to a plan approved’’, and ‘‘conformity to such an implementation plan shall’’ for ‘‘conformity to such a plan shall’’, inserted ‘‘Conformity to an implementation plan means—’’ fol- lowed immediately by subpars. (A) and (B) and closing provisions relating to determination of conformity being based on recent estimates of emissions and the determination of such estimates, and added pars. (2) to (4). 1977—Subsec. (a)(1). Pub. L. 95–190 inserted ‘‘na- tional’’ before ‘‘primary’’. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 109–59, title VI, § 6011(g), Aug. 10, 2005, 119 Stat. 1882, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Administrator of the Environmental Protection Agen- cy shall promulgate revised regulations to implement the changes made by this section [amending this sec- tion].’’ §

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7506a

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