U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— PROGRAMS AND ACTIVITIES › Part Part D— Plan Requirements for Nonattainment Areas › Subpart subpart 1— nonattainment areas in general

42 U.S.C. § 7506a

Interstate transport commissions

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(a) Authority to establish interstate transport regionsWhenever, 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), 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) EstablishmentWhenever the Administrator establishes a transport region under subsection (a), 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 chapter 10 of title 5.

(c) Commission requests

A transport commission established under subsection (b) 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, § 176A, as added Pub. L. 101–549, title I, § 102(f)(1), Nov. 15, 1990, 104 Stat. 2419; amended Pub. L. 117–286, § 4(a)(270), Dec. 27, 2022, 136 Stat. 4335.)Editorial NotesAmendments

2022—Subsec. (b)(2). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”

Notes of Decisions
Cited in 7 cases, 1994–2019 · leading case: Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000).
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Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). · cites it 6× “” 42 U.S.C. § 7506a(a). The section also provides that whenever EPA “establishes a transport region .”
New York v. E.P.A., 921 F.3d 257 (D.C. Cir. 2019). · cites it 5× “EPA may expand the Region pursuant to 42 U.S.C. § 7506a(a). This section provides that on receipt of a State's petition, EPA "may .”
Commonwealth of Virginia v. Env't Prot. Agency, 108 F.3d 1397 (D.C. Cir. 1997). “CAA § 176A(a), 42 U.S.C. § 7506a(a). These regions may recommend strategies and plans to EPA and "may request” the agency to issue findings that a member state's implementation plan is substantially inadequate.”
Nat. Resources Def. Council, Inc. v. Env't Prot. Agency, 22 F.3d 1125 (D.C. Cir. 1994). “42 U.S.C. § 7506a(a). Congress expressly established one Ozone Transport Region that includes "the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan…”
Appalachian Power Co. v. Env't Prot. Agency, 249 F.3d 1032 (D.C. Cir. 2001). “The petitioners’ suggestion that the enactment of §§ 176A and 184, 42 U.S.C. §§ 7506a, 7511c, as part of the 1990 Amendments somehow mitigates these problems is without foundation.”
Delmarva Power & Light Co. v. Tulou, 729 A.2d 868 (Del. Super. Ct. 1998). “42 U.S.C. § 7506a(b)(l). . 42 U.S.C. § 751 lc(c)( 1).”
State of New York v. EPA, No. 17-1273 (D.C. Cir. Apr. 23, 2019). · cites it 5× “EPA may expand the Region pursuant to 42 U.S.C. § 7506a(a). This section provides that on receipt of a State’s petition, EPA “may .”
42 U.S.C. § 7506a(a): 5 cases
New York v. E.P.A., 921 F.3d 257 (D.C. Cir. 2019). “EPA may expand the Region pursuant to 42 U.S.C. § 7506a(a). This section provides that on receipt of a State's petition, EPA "may .”
Commonwealth of Virginia v. Env't Prot. Agency, 108 F.3d 1397 (D.C. Cir. 1997). “CAA § 176A(a), 42 U.S.C. § 7506a(a). These regions may recommend strategies and plans to EPA and "may request” the agency to issue findings that a member state's implementation plan is substantially inadequate.”
Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). “” 42 U.S.C. § 7506a(a). The section also provides that whenever EPA “establishes a transport region .”
Nat. Resources Def. Council, Inc. v. Env't Prot. Agency, 22 F.3d 1125 (D.C. Cir. 1994). “42 U.S.C. § 7506a(a). Congress expressly established one Ozone Transport Region that includes "the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan…”
State of New York v. EPA, No. 17-1273 (D.C. Cir. Apr. 23, 2019). “EPA may expand the Region pursuant to 42 U.S.C. § 7506a(a). This section provides that on receipt of a State’s petition, EPA “may .”
42 U.S.C. § 7506a(a)(1): 2 cases
New York v. E.P.A., 921 F.3d 257 (D.C. Cir. 2019). “EPA may expand the Region pursuant to 42 U.S.C. § 7506a(a). This section provides that on receipt of a State's petition, EPA "may .”
State of New York v. EPA, No. 17-1273 (D.C. Cir. Apr. 23, 2019). “EPA may expand the Region pursuant to 42 U.S.C. § 7506a(a). This section provides that on receipt of a State’s petition, EPA “may .”
42 U.S.C. § 7506a(b)(2): 1 case
Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). “” 42 U.S.C. § 7506a(a). The section also provides that whenever EPA “establishes a transport region .”
42 U.S.C. § 7506a(b)(l): 2 cases
Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). “” 42 U.S.C. § 7506a(a). The section also provides that whenever EPA “establishes a transport region .”
Delmarva Power & Light Co. v. Tulou, 729 A.2d 868 (Del. Super. Ct. 1998). “42 U.S.C. § 7506a(b)(l). . 42 U.S.C. § 751 lc(c)( 1).”
42 U.S.C. § 7506a(c): 1 case
Michigan v. U.S. Env't Prot. Agency, 213 F.3d 663 (D.C. Cir. 2000). “” 42 U.S.C. § 7506a(a). The section also provides that whenever EPA “establishes a transport region .”
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