---
kind: "section"
citation: "42 U.S.C. § 7426"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7426"
heading: "Interstate pollution abatement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7426"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part A — Air Quality and Emission Limitations"
---

# §7426. Interstate pollution abatement

- (a) **Written notice to all nearby States—** Each [applicable implementation plan](/usc/42/7602.md?p=q) shall—
  - (1) require each major proposed new (or [modified](/usc/42/7501.md?p=4)) 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](/usc/42/7602.md?p=d) in which such source intends to locate (or make such [modification](/usc/42/7501.md?p=4)),

    to provide written notice to all nearby [States](/usc/42/7602.md?p=d) 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](/usc/42/7479.md?p=2-C) is to be permitted by the [State](/usc/42/7602.md?p=d) providing notice, and

  - (2) identify all major existing [stationary sources](/usc/42/7602.md?p=z) which may have the impact described in [paragraph (1)](#a-1) with respect to new or [modified](/usc/42/7501.md?p=4) sources and provide notice to all nearby [States](/usc/42/7602.md?p=d) 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](/usc/42/7602.md?p=d) or political subdivision may petition the [Administrator](/usc/42/7602.md?p=a) for a finding that any major source or group of [stationary sources](/usc/42/7602.md?p=z) emits or would emit any [air pollutant](/usc/42/7602.md?p=g) in [violation](/usc/42/2000e–16a.md?p=c) of the prohibition of [section 7410(a)(2)(D)(ii) of this title](/usc/42/7410.md?p=a-2-D-ii) or this section. Within 60 days after receipt of any petition under this subsection and after public hearing, the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=d) in which the source is located (or intends to locate), it shall be a [violation](/usc/42/2000e–16a.md?p=c) of this section and the [applicable implementation plan](/usc/42/7602.md?p=q) in such [State](/usc/42/7602.md?p=d)—
  - (1) for any major proposed new (or [modified](/usc/42/7501.md?p=4)) source with respect to which a finding has been made under [subsection (b)](#b) to be constructed or to operate in [violation](/usc/42/2000e–16a.md?p=c) of the prohibition of [section 7410(a)(2)(D)(ii) of this title](/usc/42/7410.md?p=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](/usc/42/7602.md?p=a) may permit the continued operation of a source referred to in [paragraph (2)](#c-2) beyond the expiration of such three-month period if such source complies with such [emission limitations](/usc/42/7602.md?p=k) and compliance schedules (containing increments of progress) as may be provided by the [Administrator](/usc/42/7602.md?p=a) to bring about compliance with the requirements contained in [section 7410(a)(2)(D)(ii) of this title](/usc/42/7410.md?p=a-2-D-ii) 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)](/usc/42/7413.md?p=d)[^1] of this title after the expiration of such period during which the [Administrator](/usc/42/7602.md?p=a) has permitted continuous operation.


## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### References 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 Subsidiaries

### Effective 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.