42 U.S.C. § 7426

Interstate pollution abatement

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(a) Written notice to all nearby StatesEach applicable implementation plan shall—(1) require each major proposed new (or modified) source—(A) subject to part C (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 operationNotwithstanding 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) 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) 11 See References in Text note below. of this title after the expiration of such period during which the Administrator has permitted continuous operation.(July 14, 1955, ch. 360, title I, § 126, as added Pub. L. 95–95, title I, § 123, Aug. 7, 1977, 91 Stat. 724; amended Pub. L. 95–190, § 14(a)(39), Nov. 16, 1977, 91 Stat. 1401; Pub. L. 101–549, title I, § 109(a), Nov. 15, 1990, 104 Stat. 2469.)Editorial NotesReferences in Text

Section 7413(d) of this title, referred to in subsec. (c), was amended generally by Pub. L. 101–549, title VII, § 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, § 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, § 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, § 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”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 33 cases (1 in the last 5 years), 1980–2025 · leading case: EME Homer City Generation, L.P. v. Environmental Protection Agency

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EME Homer City Generation, L.P. v. Environmental Protection Agency (2012) cadc · cites it 8× “See 42 U.S.C. § 7426 (b)-(c); see also Appalachian Power, 249 F.”

State of Maryland v. EPA (2020) cadc · cites it 9× “42 U.S.C. § 7426 (b). 2 The EPA must “make such a finding or deny the petition” within sixty days.”

North Carolina, Ex Rel. Cooper v. Tennessee Valley Authority (2010) ca4 · cites it 5× “” 42 U.S.C. § 7426 (a)(1). Both Alabama and Tennessee have promulgated SIPs, and as part of its compliance with these regulations TVA has sought and obtained state permits to operate each of its power plants.”

Genon Rema, LLC v. United States Environmental Protection Agency (2013) ca3 · cites it 4× “The New Jersey Department of Environmental Protection’s Section 126(b) Petition On September 17, 2010, the State of New Jersey Department of Environmental Protection (the “NJ Department”) filed a *518 petition under Section 126(b) of the Clean Air Act, 42 U.S.C. § 7426 (b), (the…”

State of North Dakota v. Beverly Heydinger (2016) ca8 · cites it 2× “If Minnesota has concerns with emissions from its neighbors, then it may seek recourse through one of the Act’s several mechanisms by which affected States may challenge emissions from source States.”

Neil Ellis v. Tribune Television Co., Docket No. 05-1983-Cv (2006) ca2 “The states of Connecticut and New Jersey opposed this revision and filed a petition with the EPA under § 126(b) of the Clean Air Act, 42 U.S.C. § 7426 (b), which "provides that any state may petition the EPA Administrator for a finding that a pollution source in another state…”

Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors. (1980) cadc “42 U.S.C. § 7426 (b) (1978) (emphasis added).”

North Carolina v. Environmental Protection Agency (2008) cadc · cites it 5× “Whether EPA could promulgate a section 110(a)(2)(D)(i)(I) remedy that would bar alternate relief, such as would be available under section 126, 42 U.S.C. § 7426 , is a question that is not before the court.”

Appalachian Power Co. v. Environmental Protection Agency (2001) cadc · cites it 23× “42 U.S.C. § 7426 . Under certain conditions, NOx combines with hydrocarbons in the atmosphere to create ozone, commonly known as “smog.”

Laurie Freeman, Sharon Mockmore, Beccy Boysel, Gary D. Boysel, Linda L. Goreham, Gary R. Goreham, Kelcey Brackett, and B (2014) iowa “2010) (providing overview of the CAA’s management of emissions through NAAQS, SIP, permit programs, and 42 U.S.C. § 7426 (a)(1)); Her Majesty the Queen v.”

Appalachian Power Co. v. Environmental Protection Agency (2001) cadc “42 U.S.C. § 7426 . Both the FIP and the section 126 rule seek NOx reductions in accordance with the NOx budgets established for the NOx SIP Call, as amended by the rales challenged in this case.”

Commonwealth of Virginia v. Environmental Protection Agency, State of Connecticut, Intervenors (1997) cadc “See CAA § 126(b), 42 U.S.C. § 7426 (b). For that matter, any interested person has "the right to petition” EPA "for the issuance, amendment, or repeal” of any rule.”

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