
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7416]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 7416. Retention of State authority

    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, 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.

(July 14, 1955, ch. 360, title I, Sec. 116, formerly Sec. 109, as added 
Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 497; renumbered Sec. 116 
and amended Pub. L. 91-604, Sec. 4(a), (c), Dec. 31, 1970, 84 Stat. 
1678, 1689; Pub. L. 93-319, Sec. 6(b), June 22, 1974, 88 Stat. 259; Pub. 
L. 95-190, Sec. 14(a)(24), Nov. 16, 1977, 91 Stat. 1400.)

                       References in Text

    1857c-10(c), (e), and (f) (as in effect before August 7, 1977), 
referred to in text, was in the original ``119(c), (e), and (f) (as in 
effect before the date of the enactment of the Clean Air Act Amendments 
of 1977)'' meaning section 119 of act July 14, 1955, ch. 360, title I, 
as added June 22, 1974, Pub. L. 93-319, Sec. 3, 88 Stat. 248, (which was 
classified to section 1857c-10 of this title) as in effect prior to the 
enactment of Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 691, effective Aug. 
7, 1977. Section 112(b)(1) of Pub. L. 95-95 repealed section 119 of act 
July 14, 1955, ch. 360, title I, as added by Pub. L. 93-319, and 
provided that all references to such section 119 in any subsequent 
enactment which supersedes Pub. L. 93-319 shall be construed to refer to 
section 113(d) of the Clean Air Act and to paragraph (5) thereof in 
particular which is classified to subsec. (d)(5) of section 7413 of this 
title. Section 7413 of this title was subsequently amended generally by 
Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, 
and, as so amended, no longer relates to final compliance orders. 
Section 117(b) of Pub. L. 95-95 added a new section 119 of act July 14, 
1955, which is classified to section 7419 of this title.

                          Codification

    Section was formerly classified to section 1857d-1 of this title.


                               Amendments

    1977--Pub. L. 95-190 inserted reference to specified provisions in 
effect before Aug. 7, 1977.
    1974--Pub. L. 93-319 inserted reference to section 1857c-10(c), (e), 
and (f).
    1970--Pub. L. 91-604, Sec. 4(c), substituted provisions which 
authorized any State or political subdivision thereof to adopt or 
enforce, except as otherwise provided, emission standards or limitations 
under the specified conditions, or any requirement respecting control or 
abatement of air pollution, for provisions which authorized any State, 
political subdivision, or intermunicipal or interstate agency to adopt 
standards and plans to achieve a higher level of air quality than 
approved by the Secretary.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7412, 7429, 7627, 7671m, 
7671q of this title.
