
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: 42USC7426]

 
                 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. 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--
            (A) subject to part C of this subchapter (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 August 7, 
    1977.

(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.
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    \1\ See References in Text note below.
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(July 14, 1955, ch. 360, title I, Sec. 126, as added Pub. L. 95-95, 
title I, Sec. 123, Aug. 7, 1977, 91 Stat. 724; amended Pub. L. 95-190, 
Sec. 14(a)(39), Nov. 16, 1977, 91 Stat. 1401; Pub. L. 101-549, title I, 
Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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. 95-190 substituted ``(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) 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 7410, 7607 of this title.
