
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: 42USC7506a]

 
                 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. 7506a. Interstate transport commissions


(a) Authority to establish interstate transport regions

    Whenever, on the Administrator's own motion or by petition from the 
Governor of any State, the Administrator has reason to believe that the 
interstate transport of air pollutants from one or more States 
contributes significantly to a violation of a national ambient air 
quality standard in one or more other States, the Administrator may 
establish, by rule, a transport region for such pollutant that includes 
such States. The Administrator, on the Administrator's own motion or 
upon petition from the Governor of any State, or upon the recommendation 
of a transport commission established under subsection (b) of this 
section, may--
        (1) add any State or portion of a State to any region 
    established under this subsection whenever the Administrator has 
    reason to believe that the interstate transport of air pollutants 
    from such State significantly contributes to a violation of the 
    standard in the transport region, or
        (2) remove any State or portion of a State from the region 
    whenever the Administrator has reason to believe that the control of 
    emissions in that State or portion of the State pursuant to this 
    section will not significantly contribute to the attainment of the 
    standard in any area in the region.

The Administrator shall approve or disapprove any such petition or 
recommendation within 18 months of its receipt. The Administrator shall 
establish appropriate proceedings for public participation regarding 
such petitions and motions, including notice and comment.

(b) Transport commissions

                          (1) Establishment

        Whenever the Administrator establishes a transport region under 
    subsection (a) of this section, the Administrator shall establish a 
    transport commission comprised of (at a minimum) each of the 
    following members:
            (A) The Governor of each State in the region or the designee 
        of each such Governor.
            (B) The Administrator or the Administrator's designee.
            (C) The Regional Administrator (or the Administrator's 
        designee) for each Regional Office for each Environmental 
        Protection Agency Region affected by the transport region 
        concerned.
            (D) An air pollution control official representing each 
        State in the region, appointed by the Governor.

    Decisions of, and recommendations and requests to, the Administrator 
    by each transport commission may be made only by a majority vote of 
    all members other than the Administrator and the Regional 
    Administrators (or designees thereof).

                         (2) Recommendations

        The transport commission shall assess the degree of interstate 
    transport of the pollutant or precursors to the pollutant throughout 
    the transport region, assess strategies for mitigating the 
    interstate pollution, and recommend to the Administrator such 
    measures as the Commission determines to be necessary to ensure that 
    the plans for the relevant States meet the requirements of section 
    7410(a)(2)(D) of this title. Such commission shall not be subject to 
    the provisions of the Federal Advisory Committee Act (5 U.S.C. 
    App.).

(c) Commission requests

    A transport commission established under subsection (b) of this 
section may request the Administrator to issue a finding under section 
7410(k)(5) of this title that the implementation plan for one or more of 
the States in the transport region is substantially inadequate to meet 
the requirements of section 7410(a)(2)(D) of this title. The 
Administrator shall approve, disapprove, or partially approve and 
partially disapprove such a request within 18 months of its receipt and, 
to the extent the Administrator approves such request, issue the finding 
under section 7410(k)(5) of this title at the time of such approval. In 
acting on such request, the Administrator shall provide an opportunity 
for public participation and shall address each specific recommendation 
made by the commission. Approval or disapproval of such a request shall 
constitute final agency action within the meaning of section 7607(b) of 
this title.

(July 14, 1955, ch. 360, title I, Sec. 176A, as added Pub. L. 101-549, 
title I, Sec. 102(f)(1), Nov. 15, 1990, 104 Stat. 2419.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (b)(2), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 7406, 7410, 7511c of this 
title.
