Public Law 119-73 (01/23/2026)

42 U.S.C. § 7416

Retention of State authority

section 7412 of this titleExcept as otherwise provided in sections 1857c–10(c), (e), and (f) (as in effect before ), 7543, 7545(c)(4), and 7573 of this title (preempting certain State regulation of moving sources) nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or , such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation under such plan or section.

July 14, 1955, ch. 360Pub. L. 90–148, § 281 Stat. 497Pub. L. 91–604, § 4(a)84 Stat. 1678Pub. L. 93–319, § 6(b)88 Stat. 259Pub. L. 95–190, § 14(a)(24)91 Stat. 1400(, title I, § 116, formerly § 109, as added , , ; renumbered § 116 and amended , (c), , , 1689; , , ; , , .)

Editorial Notes

References in Text

act July 14, 1955, ch. 360, title IPub. L. 93–319, § 388 Stat. 248section 1857c–10 of this titlePub. L. 95–9591 Stat. 691Section 112(b)(1) of Pub. L. 95–95act July 14, 1955, ch. 360, title IPub. L. 93–319Pub. L. 93–319section 7413 of this titleSection 7413 of this titlePub. L. 101–549, title VII, § 701104 Stat. 2672Section 117(b) of Pub. L. 95–95section 7419 of this title1857c–10(c), (e), and (f) (as in effect before ), referred to in text, was in the original “119(c), (e), and (f) (as in effect before the date of the enactment of the Clean Air Act Amendments of 1977)” meaning section 119 of , as added , , , (which was classified to ) as in effect prior to the enactment of , , , effective . repealed section 119 of , as added by , and provided that all references to such section 119 in any subsequent enactment which supersedes shall be construed to refer to section 113(d) of the Clean Air Act and to paragraph (5) thereof in particular which is classified to subsec. (d)(5) of . was subsequently amended generally by , , , and, as so amended, no longer relates to final compliance orders. added a new section 119 of act , which is classified to .

Codification

section 1857d–1 of this titleSection was formerly classified to .

Amendments

Pub. L. 95–1901977— inserted reference to specified provisions in effect before .

Pub. L. 93–3191974— inserted reference to section 1857c–10(c), (e), and (f).

Pub. L. 91–604, § 4(c)1970—, substituted provisions which authorized any State or political subdivision thereof to adopt or enforce, except as otherwise provided, emission standards or limitations under the specified conditions, or any requirement respecting control or abatement of air pollution, for provisions which authorized any State, political subdivision, or intermunicipal or interstate agency to adopt standards and plans to achieve a higher level of air quality than approved by the Secretary.

Statutory Notes and Related Subsidiaries

Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions

Pub. L. 95–95Pub. L. 95–95section 406(b) of Pub. L. 95–95section 7401 of this titleAll rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act , the Clean Air Act, as in effect immediately prior to the date of enactment of [] to continue in full force and effect until modified or rescinded in accordance with act , as amended by [this chapter], see , set out as an Effective Date of 1977 Amendment note under .