Sec. 126. interstate pollution abatement
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## Sec. 126 interstate pollution abatement ###
(a)Each 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 the date of enactment of the Clean Air Act Amendments of 1977. ###
(b)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 110(a)(2)(D)(ii) 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)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**]**45 the applicable implementation plan in such State— 45Section 109(a)(2)(A) of Public Law 101–549 (104 Stat. 2470) amended subsection
(c)in the first sentence by inserting “this section and” after “violation of” without further specification. The words “violation of” appear in two places. The amendment probably intended to insert the new language only in the first place the words “violation of” appear. ####
(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 **[**this section and**]**45 the prohibition of section 110(a)(2)(D)(ii) 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 110(a)(2)(D)(ii) 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 113(d)46 after the expiration of such period during which the Administrator has permitted continuous operation. 46See footnote to section 110(a)(3)(C). **[**[42 U.S.C. 7426](/us/usc/t42/s7426)**]**
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U.S. Code
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- Pub. L. 101-549
- 104 Stat. 2470
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