§ 7426. Interstate pollution abatement

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1955

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 title I § 123 · 91 Stat. 685

   Enacted · 42 U.S.C. § 7426

   July 14, 1955, ch. 360, title I, § 126, as added Pub. L. 95–95, title I, § 123, Aug. 7, 1977, 91 Stat. 724

   Source evidence

   Code 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

   Enacted provision · exact public law section
   Sec. 123. interstate pollution abatement Part A of title I of the Clean Air Act is amended by adding at the end thereof the following new section: “Sec. 126. “interstate pollution abatement (a) Each applicable implementation plan shall— “(1) require each major proposed new (or modified) source— “(A) subject to part C, relating to significant deterioration of air quality, or “(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 “(2) 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 the date of enactment of the Clean Air Act Amendments of 1977. “(b) Any State or political subdivision may petition the Administrator for a finding that any major source emits or would emit any air Ante, p. 693. Hearing. pollutant in violation of the prohibition of section 110(a)(2)(E)(1). 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) 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 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) to be constructed or to operate in violation of the prohibition of section 110(a)(2)(E)(1), 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 110(a)(2)(E)(i) as expeditiously Ante, p. 693. 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 113(d) after the expiration of such period during which Ante, p. 705. the Administrator has permitted continuous operation.”.

2. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(39) · 91 Stat. 1393

   Substituted · 42 U.S.C. § 7426(a)(1)

   Pub. L. 95–190 substituted “(relating to significant deterioration of air quality)” for “, relating to significant deterioration of air quality”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 95–190 substituted “(relating to significant deterioration of air quality)” for “, relating to significant deterioration of air quality”.

   Enacted provision · exact public law section
   (39) in section 126(a)(1) strike out “, relating to significant Ante, p. 724. deterioration of air quality,” and substitute “(relating to significant deterioration of air quality)”;

3. 1990

   Pub. L. 101–549 § 109(a)(1) · 104 Stat. 2399

   1. Inserted · 42 U.S.C. § 7426(b)

      Pub. L. 101–549, § 109(a)(1), inserted “or group of stationary sources” after “any major source”

   2. Substituted · 42 U.S.C. § 7426(b)

      Pub. L. 101–549, § 109(a)(1), substituted “section 7410(a)(2)(D)(ii) of this title or this section” for “section 7410(a)(2)(E)(i) of this title”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) In subsection (b)— (A) in the first sentence, following “major source”, insert “or group of stationary sources”; and (B) strike “110(a)(2)(E)(i)” and insert in lieu thereof “110(a)(2)(D)(ii) or this section”.

4. 1990

   Pub. L. 101–549 § 109(a)(2)(A) · 104 Stat. 2399

   Changed · 42 U.S.C. § 7426(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) in the first sentence, following the words “violation of’, insert “this section and”; and

5. 1990

   Pub. L. 101–549 § 109(a)(2)(B) · 104 Stat. 2399

   Substituted · 42 U.S.C. § 7426(c)

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (B) strike “110(a)(2)(E)(i)” wherever it appears and insert in lieu thereof “110(a)(2)(D)(ii) or this section”.

6 of 6 references resolved to an enrolled provision