
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: 42USC7421]

 
                 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. 7421. Consultation

    In carrying out the requirements of this chapter requiring 
applicable implementation plans to contain--
        (1) any transportation controls, air quality maintenance plan 
    requirements or preconstruction review of direct sources of air 
    pollution, or
        (2) any measure referred to--
            (A) in part D of this subchapter (pertaining to 
        nonattainment requirements), or
            (B) in part C of this subchapter (pertaining to prevention 
        of significant deterioration),

and in carrying out the requirements of section 7413(d) \1\ of this 
title (relating to certain enforcement orders), the State shall provide 
a satisfactory process of consultation with general purpose local 
governments, designated organizations of elected officials of local 
governments and any Federal land manager having authority over Federal 
land to which the State plan applies, effective with respect to any such 
requirement which is adopted more than one year after August 7, 1977, as 
part of such plan. Such process shall be in accordance with regulations 
promulgated by the Administrator to assure adequate consultation. The 
Administrator shall update as necessary the original regulations 
required and promulgated under this section (as in effect immediately 
before November 15, 1990) to ensure adequate consultation. Only a 
general purpose unit of local government, regional agency, or council of 
governments adversely affected by action of the Administrator approving 
any portion of a plan referred to in this subsection may petition for 
judicial review of such action on the basis of a violation of the 
requirements of this section.
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    \1\ See References in Text note below.
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(July 14, 1955, ch. 360, title I, Sec. 121, as added Pub. L. 95-95, 
title I, Sec. 119, Aug. 7, 1977, 91 Stat. 719; amended Pub. L. 101-549, 
title I, Sec. 108(h), Nov. 15, 1990, 104 Stat. 2467.)

                       References in Text

    Section 7413(d) of this title, referred to in text, was 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.


                               Amendments

    1990--Pub. L. 101-549 amended penultimate sentence generally. Prior 
to amendment, penultimate sentence read as follows: ``Such regulations 
shall be promulgated after notice and opportunity for public hearing and 
not later than 6 months after August 7, 1977.''


                             Effective Date

    Section effective Aug. 7, 1977, except as otherwise expressly 
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.

                  Section Referred to in Other Sections

    This section is referred to in section 7410 of this title; title 15 
section 1410.
