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U.S. Code as of:
01/19/04
Section 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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