---
kind: "section"
citation: "42 U.S.C. § 7428"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7428"
heading: "State boards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7428"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part A — Air Quality and Emission Limitations"
---

# §7428. State boards

- (a) [^1] Not later than the date one year after August 7, 1977, each [applicable implementation plan](/usc/42/7602.md?p=q) shall contain requirements that—
  - (1) any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from [persons](/usc/42/7602.md?p=e) subject to permits or enforcement orders under this chapter, and
  - (2) any potential conflicts of interest by members of such board or body or the head of an executive [agency](/usc/42/8262.md?p=1) with similar powers be adequately disclosed.

  A [State](/usc/42/7602.md?p=d) may adopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive [agencies](/usc/42/8262.md?p=1), or any other entities which are more stringent than the requirements of paragraph [(1)](#a-1) and [(2)](#a-2), and the [Administrator](/usc/42/7602.md?p=a) shall approve any such more stringent requirements submitted as part of an implementation plan.


## Footnotes

[^1]: So in original. Section enacted without a subsec. (b).

## Source credit

(July 14, 1955, ch. 360, title I, § 128, as added Pub. L. 95–95, title I, § 125, Aug. 7, 1977, 91 Stat. 725.)

## Notes

### 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.