
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: 42USC7504]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
            Part D--Plan Requirements for Nonattainment Areas
 
                subpart 1--nonattainment areas in general
 
Sec. 7504. Planning procedures


(a) In general

    For any ozone, carbon monoxide, or PM-10 nonattainment area, the 
State containing such area and elected officials of affected local 
governments shall, before the date required for submittal of the 
inventory described under sections 7511a(a)(1) and 7512a(a)(1) of this 
title, jointly review and update as necessary the planning procedures 
adopted pursuant to this subsection as in effect immediately before 
November 15, 1990, or develop new planning procedures pursuant to this 
subsection, as appropriate. In preparing such procedures the State and 
local elected officials shall determine which elements of a revised 
implementation plan will be developed, adopted, and implemented (through 
means including enforcement) by the State and which by local governments 
or regional agencies, or any combination of local governments, regional 
agencies, or the State. The implementation plan required by this part 
shall be prepared by an organization certified by the State, in 
consultation with elected officials of local governments and in 
accordance with the determination under the second sentence of this 
subsection. Such organization shall include elected officials of local 
governments in the affected area, and representatives of the State air 
quality planning agency, the State transportation planning agency, the 
metropolitan planning organization designated to conduct the continuing, 
cooperative and comprehensive transportation planning process for the 
area under section 134 of title 23, the organization responsible for the 
air quality maintenance planning process under regulations implementing 
this chapter, and any other organization with responsibilities for 
developing, submitting, or implementing the plan required by this part. 
Such organization may be one that carried out these functions before 
November 15, 1990.

(b) Coordination

    The preparation of implementation plan provisions and subsequent 
plan revisions under the continuing transportation-air quality planning 
process described in section 7408(e) of this title shall be coordinated 
with the continuing, cooperative and comprehensive transportation 
planning process required under section 134 of title 23, and such 
planning processes shall take into account the requirements of this 
part.

(c) Joint planning

    In the case of a nonattainment area that is included within more 
than one State, the affected States may jointly, through interstate 
compact or otherwise, undertake and implement all or part of the 
planning procedures described in this section.

(July 14, 1955, ch. 360, title I, Sec. 174, as added Pub. L. 95-95, 
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 748; amended Pub. L. 101-
549, title I, Sec. 102(d), Nov. 15, 1990, 104 Stat. 2417.)


                               Amendments

    1990--Pub. L. 101-549 amended section generally, substituting 
present provisions for provisions which related to: in subsec. (a), 
preparation of implementation plan by designated organization; and in 
subsec. (b), coordination of plan preparation.

                  Section Referred to in Other Sections

    This section is referred to in sections 7505, 7511a of this title.
