42 USC § 7426 - Interstate pollution abatement
(a)
Written notice to all nearby States
Each applicable implementation plan shall—
(1)
require each major proposed new (or modified) source—
(B)
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
(b)
Petition for finding that major sources emit or would emit prohibited air pollutants
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.
(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 violation of this section and the applicable implementation 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) of this section 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
(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 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.
[1] See References in Text note below.
(a)
Written notice to all nearby States
Each applicable implementation plan shall—
(1)
require each major proposed new (or modified) source—
(B)
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
(b)
Petition for finding that major sources emit or would emit prohibited air pollutants
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.
(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 violation of this section and the applicable implementation 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) of this section 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
(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 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.
[1] See References in Text note below.
Source
(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.)
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 directed the insertion of “this section and” after “violation 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 “section
7410
(a)(2)(E)(i) of this title” in par. (1) and penultimate sentence.
1977—Subsec. (a)(1). Pub. L. 95–190substituted “(relating to significant deterioration of air quality)” for “, relating to significant deterioration of air quality”.
Effective Date
Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) ofPub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section
7401 of this title.
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