42 U.S.C. § 7426 — Interstate pollution abatement
submitted 71 years ago by Pub. L. 95-95 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 470 words · no verdicts yet
State implementation plans must require notice to nearby States about certain major new or modified sources and identify comparable existing sources. States may petition the Administrator about prohibited interstate pollution, and the Administrator must decide promptly after a hearing.
(a) Notice. Each applicable plan must: (1) require a major proposed new or modified source that is subject to part C, or that may significantly add to pollution above national ambient standards in an air-quality region outside its State*, to give written notice to every affected nearby State at least 60 days before the permitting State allows construction; and (2) identify major existing sources that may have that impact and notify nearby States of their identity within three months after August 7, 1977.
(b) Petition. A State or political subdivision may petition the Administrator* to find that a major source or group of stationary sources emits or would emit a pollutant in violation of section 7410(a)(2)(D)(ii) or this section. Within 60 days after receiving the petition, and after a public hearing, the Administrator must make the finding or deny the petition.
(c) Violations and continued operation. Despite a State permit, it violates this section and the State plan: (1) for a covered proposed new or modified source subject to a subsection (b) finding to be built or operated in violation; or (2) for a covered existing source to operate more than three months after the finding. The Administrator may allow continued operation beyond three months if the source follows emission limits and progress schedules that achieve compliance as quickly as practicable, and no later than three years after the finding. The preceding sentence does not prevent an enforcement order under section 7413(d) after the allowed period.
Each applicable implementation plan* shall—
require each major proposed new (or modified) source—
subject to part C (relating to significant deterioration of air quality) or
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
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.
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 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.
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—
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 or this section, or
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 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.
Source credit: (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.)
- 1955Enacted · Pub. L. 95-95 · 91 Stat. 724
- 1977Amended · Pub. L. 95-190 · 91 Stat. 1401
- 1990Amended · Pub. L. 101-549 · 104 Stat. 2469
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-95 on 1955-07-14.
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