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42 U.S.C. § 7416 — Retention of State authority
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in sections 1857c–10(c), (e), and (f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and 7573 of this title (preempting certain State regulation of moving sources) nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or [section 7412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7412&num=0&edition=prelim), such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation under such plan or section.
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Stable record: federal_law:legal_authorities:record_usc_998dac087bb3e740a428e00b
Source file: Laws/federal/codes/united-states-code/title-42/section-7416-retention-of-state-authority--abba06c3a6.md
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Source location: Title 42, Chapter 85, § 7416; chapter-085-air-pollution-prevention-and-control.md
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Except as otherwise provided in sections 1857c–10(c), (e), and (f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and 7573 of this title (preempting certain State regulation of moving sources) nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or [section 7412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7412&num=0&edition=prelim), such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation under such plan or section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section, except subsection (r)—
(1) **Major source** — The term “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors.
(2) **Area source** — The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II.
(3) **Stationary source** — The term “stationary source” shall have the same meaning as such term has under [section 7411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a&num=0&edition=prelim).
(4) **New source** — The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source.
(5) **Modification** — The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7412
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance; hearing; enforcement orders; statement of grounds for application; findings**
(1) Upon application by the owner or operator of a primary nonferrous smelter, a primary nonferrous smelter order under subsection (b) may be issued—
(A) by the Administrator, after thirty days’ notice to the State, or
(B) by the State in which such source is located, but no such order issued by the State shall take effect until the Administrator determines that such order has been issued in accordance with the requirements of this chapter.
Not later than ninety days after submission by the State to the Administrator of notice of the issuance of a primary nonferrous smelter order under this section, the Administrator shall determine whether or not such order has been issued by the State in accordance with the requirements of this chapter. If the Administrator determines that such order has not been issued in accordance with such requirements, he shall conduct a hearing respecting the reasonably available control technology for primary nonferrous smelters.
(2)
(A) An order issued under this section to a primary nonferrous smelter shall be referred to as a “primary nonferrous smelter order”. No primary nonferrous smelter may receive both an enforcement order under section 7413(d) 11 See References in Text note below. of this title and a primary nonferrous smelter order under this section.
(B) Before any hearing conducted under this section, in the case of an application made by the owner or operator of a primary nonferrous smelter for a second order under this section, the applicant shall furnish the Administrator (or the State as the case may be) with a statement of the grounds on which such application is based (including all supporting documents and information
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7419
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1857d, act July 14, 1955, ch. 360, title I, § 115, formerly § 5, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 396; renumbered § 105 and amended Oct. 20, 1965, Pub. L. 89–272, title I, §§ 101(2), (3), 102, 79 Stat. 992, 995; renumbered § 108 and amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 491; renumbered § 115 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 4(a), (b)(2)–(10), 15(c)(2), 84 Stat. 1678, 1688, 1689, 1713, which related to abatement of air pollution by means of conference procedure, was transferred to [section 7415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7415&num=0&edition=prelim).
Section 1857d–1, act July 14, 1955, ch. 360, title I, § 116, formerly § 109 as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 497; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, § 4(a), (c), 84 Stat. 1678, 1689; June 22, 1974, Pub. L. 93–319, § 6(b), 88 Stat. 259, which related to retention of State authority concerning air pollution, was transferred to [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim).
Section 1857e, act July 14, 1955, ch. 360, title I, § 117, formerly § 6, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 399; renumbered § 106, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(3), 79 Stat. 992; renumbered § 110 and amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 498; renumbered § 117 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 4(a), (d), 15(c)(2), 84 Stat. 1678, 1689, 1713, which related to an Air Quality Advisory Board and to advisory committees, was transferred to [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1857d to 1857f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promulgation**
(1) The Administrator—
(A) within 30 days after December 31, 1970, shall publish proposed regulations prescribing a national primary ambient air quality standard and a national secondary ambient air quality standard for each air pollutant for which air quality criteria have been issued prior to such date; and
(B) after a reasonable time for interested persons to submit written comments thereon (but no later than 90 days after the initial publication of such proposed standards) shall by regulation promulgate such proposed national primary and secondary ambient air quality standards with such modifications as he deems appropriate.
(2) With respect to any air pollutant for which air quality criteria are issued after December 31, 1970, the Administrator shall publish, simultaneously with the issuance of such criteria and information, proposed national primary and secondary ambient air quality standards for any such pollutant. The procedure provided for in paragraph (1)(B) of this subsection shall apply to the promulgation of such standards.
**(b) Protection of public health and welfare**
(1) National primary ambient air quality standards, prescribed under subsection (a) shall be ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are requisite to protect the public health. Such primary standards may be revised in the same manner as promulgated.
(2) Any national secondary ambient air quality standard prescribed under subsection (a) shall specify a level of air quality the attainment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any know
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7409
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State laws** Notwithstanding [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim), during the 2-year period beginning on November 15, 1990, no State or local government may enforce any requirement concerning the design of any new or recalled appliance for the purpose of protecting the stratospheric ozone layer.
**(b) Montreal Protocol** This subchapter as added by the Clean Air Act Amendments of 1990 shall be construed, interpreted, and applied as a supplement to the terms and conditions of the Montreal Protocol, as provided in Article 2, paragraph 11 thereof, and shall not be construed, interpreted, or applied to abrogate the responsibilities or obligations of the United States to implement fully the provisions of the Montreal Protocol. In the case of conflict between any provision of this subchapter and any provision of the Montreal Protocol, the more stringent provision shall govern. Nothing in this subchapter shall be construed, interpreted, or applied to affect the authority or responsibility of the Administrator to implement Article 4 of the Montreal Protocol with other appropriate agencies.
**(c) Technology export and overseas investment** Upon November 15, 1990, the President shall—
(1) prohibit the export of technologies used to produce a class I substance;
(2) prohibit direct or indirect investments by any person in facilities designed to produce a class I or class II substance in nations that are not parties to the Montreal Protocol; and
(3) direct that no agency of the government provide bilateral or multilateral subsidies, aids, credits, guarantees, or insurance programs, for the purpose of producing any class I substance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7671m
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim), requirements concerning the areas addressed by this subchapter for the protection of the stratosphere against ozone layer depletion shall be treated as requirements for the control and abatement of air pollution. For purposes of [section 7418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7418&num=0&edition=prelim), the requirements of this subchapter and corresponding State, interstate, and local requirements, administrative authority, and process, and sanctions respecting the protection of the stratospheric ozone layer shall be treated as requirements for the control and abatement of air pollution within the meaning of [section 7418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7418&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7671q
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall issue guidance on how to ensure that airport sponsors may receive appropriate emission reduction credits for carrying out projects, including projects described in sections 40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). Such guidance shall include, at a minimum, the following considerations:
(1) The provision of credits is consistent with the Clean Air Act ([42 U.S.C. 7402](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7402&num=0&edition=prelim) et seq.).
(2) Credits generated by the emissions reductions are kept by the airport sponsor, including for an airport outside of a nonattainment area or maintenance area, and may be used for purposes of any current or future general conformity determination under the Clean Air Act, as offsets under the Environmental Protection Agency’s new source review program for projects on the airport or associated with the airport, or as part of a State implementation plan.
(3) Credits are calculated and provided to airports on a consistent basis nationwide.
(4) Credits are provided to airport sponsors in a timely manner.
(5) The establishment of a method to assure the Secretary that, for any specific airport project for which funding is being requested, the appropriate credits will be granted.
**(b) State Authority Under CAA.—** Nothing in this section shall be construed as overriding existing State law or regulation pursuant to section 116 of the Clean Air Act ([42 U.S.C. 7416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7416&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47139
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Federal law — U.S. Code and appendices · legal_authorities
Page 7238
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7416
Subsecs. (i), (j). Pub. L. 91–604, § 15(c)(2), substituted
‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing.
Subsec. (k). Pub. L. 91–604, § 4(b)(3), (10), substituted
provisions relating to compliance with any require-
ment of an applicable implementation plan or with any
standard prescribed under section 7411 of this title or
section 7412 of this title, for provisions relating to the
enjoining of imminent and substantial endangerment
from pollution sources.
1967—Subsec. (b). Pub. L. 90–148 substituted reference
to subsec. (c), (h), or (k) of this section for reference to
subsec. (g) of this section.
Subsecs. (c), (d). Pub. L. 90–148 added subsec. (c), re-
designated former subsec. (c) as (d), inserted in par. (2)
provisions for the delivery prior to the conference of a
Federal report to agencies and interested parties cov-
ering matters before the conference, raised from three
weeks to thirty days the required notice of the con-
ference, and inserted provisions for notice by news-
papers, presentation of views on the Federal report, and
transcript of proceedings. Former subsec. (d) redesig-
nated (e).
Subsec. (e). Pub. L. 90–148 redesignated former subsec.
(d) as (e). Former subsec. (e) redesignated (f) and
amended.
Subsec. (f). Pub. L. 90–148 redesignated former subsec.
(e) as (f) and inserted in par. (1) requirement that all in-
terested parties be given a reasonable opportunity to
present evidence to the hearing board. Former subsec.
(f) redesignated (g) and amended.
Subsec. (g). Pub. L. 90–148 redesignated former subsec.
(f) as (g) and substituted reference to subsec. (d) of this
section for reference to subsec. (c) of this section.
Former subsec. (g) redesignated (h) and amende
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7416
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