42 U.S.C. § 7427 — Public notification

Page 7251 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7428 1 See References in Text note below. 1 So in original. Probably should be ‘‘calendar year’’. 1 So in original. Section enacted without a subsec. (b). (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 viola- tion of this section and the applicable imple- mentation 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 con- structed or to operate in violation of the pro- hibition of section 7410(a)(2)(D)(ii) of this title 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 pe- riod if such source complies with such emission limitations and compliance schedules (con- taining increments of progress) as may be pro- vided by the Administrator to bring about com- pliance with the requirements contained in sec- tion 7410(a)(2)(D)(ii) of this title 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) 1 of this title after the expiration of such period during which the Administrator has permitted continuous operation. (July 14, 1955, ch. 360, title I, § 126, as added Pub. L. 95–95, title I, § 123, Aug. 7, 1977, 91 Stat. 724; amended Pub. L. 95–190, § 14(a)(39), Nov. 16, 1977, 91 Stat. 1401; Pub. L. 101–549, title I, § 109(a), Nov. 15, 1990, 104 Stat. 2469.) Editorial Notes REFERENCES IN TEXT Section 7413(d) of this title, referred to in subsec. (c), 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. AMENDMENTS 1990—Subsec. (b). Pub. L. 101–549, § 109(a)(1), inserted ‘‘or group of stationary sources’’ after ‘‘any major source’’ and substituted ‘‘section 7410(a)(2)(D)(ii) of this title or this section’’ for ‘‘section 7410(a)(2)(E)(i) of this title’’. Subsec. (c). Pub. L. 101–549, § 109(a)(2)(A), which di- rected the insertion of ‘‘this section and’’ after ‘‘viola- tion of’’, was executed by making the insertion after first reference to ‘‘violation of’’ to reflect the probable intent of Congress. Pub. L. 101–549, § 109(a)(2)(B), substituted ‘‘section 7410(a)(2)(D)(ii) of this title or this section’’ for ‘‘sec- tion 7410(a)(2)(E)(i) of this title’’ in par. (1) and penul- timate sentence. 1977—Subsec. (a)(1). Pub. L. 95–190 substituted ‘‘(relat- ing to significant deterioration of air quality)’’ for ‘‘, relating to significant deterioration of air quality’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7427. Public notification (a) Warning signs; television, radio, or press no- tices or information Each State plan shall contain measures which will be effective to notify the public during any calendar 1 on a regular basis of instances or areas in which any national primary ambient air quality standard is exceeded or was exceeded during any portion of the preceding calendar year to advise the public of the health hazards associated with such pollution, and to enhance public awareness of the measures which can be taken to prevent such standards from being ex- ceeded and the ways in which the public can par- ticipate in regulatory and other efforts to im- prove air quality. Such measures may include the posting of warning signs on interstate high- way access points to metropolitan areas or tele- vision, radio, or press notices or information. (b) Grants The Administrator is authorized to make grants to States to assist in carrying out the re- quirements of subsection (a). (July 14, 1955, ch. 360, title I, § 127, as added Pub. L. 95–95, title I, § 124, Aug. 7, 1977, 91 Stat. 725.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7428. State boards (a) 1 Not later than the date one year after Au- gust 7, 1977, each applicable implementation plan shall contain requirements that— (1) any board or body which approves per- mits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement or- ders under this chapter, and (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. A State may adopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive agencies, or any other enti- ties which are more stringent than the require- ments of paragraph (1) and (2), and the Adminis- trator shall approve any such more stringent re- quirements submitted as part of an implementa- tion plan. (July 14, 1955, ch. 360, title I, § 128, as added Pub. L. 95–95, title I, § 125, Aug. 7, 1977, 91 Stat. 725.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set