---
kind: "range"
citation: "42 U.S.C. §§ 7501–7515"
title: "42"
from: "7501"
to: "7515"
count: 27
release: "119-102"
url: "https://uscodex.org/usc/42/7501..7515"
---
# §7501. Definitions
For the purpose of this part—
- (1) **Reasonable further progress.—** The term “reasonable further progress” means such annual incremental reductions in emissions of the relevant [air pollutant](/usc/42/7602.md?p=g) as are required by this part or may reasonably be required by the [Administrator](/usc/42/7602.md?p=a) for the purpose of ensuring attainment of the applicable national ambient air quality [standard](/usc/42/1320d.md?p=7) by the applicable date.
- (2) **Nonattainment area.—** The term “nonattainment area” means, for any [air pollutant](/usc/42/7602.md?p=g), an area which is designated “nonattainment” with respect to that [pollutant](/usc/42/1397h.md?p=c-4) within the meaning of [section 7407(d) of this title](/usc/42/7407.md?p=d).
- (3) The term “lowest achievable emission rate” means for any source, that rate of emissions which reflects—
- (A) the most stringent [emission limitation](/usc/42/7602.md?p=k) which is contained in the implementation plan of any [State](/usc/42/7602.md?p=d) for such class or [category](/usc/42/1395w–4.md?p=j-1) of source, unless the [owner or operator](/usc/42/9601.md?p=20-B) of the proposed source demonstrates that such limitations are not achievable, or
- (B) the most stringent [emission limitation](/usc/42/7602.md?p=k) which is achieved in practice by such class or [category](/usc/42/1395w–4.md?p=j-1) of source, whichever is more stringent.
In no event shall the application of this term permit a proposed new or [modified](#4) source to emit any [pollutant](/usc/42/1397h.md?p=c-4) in excess of the amount allowable under applicable new source [standards](/usc/42/1320d.md?p=7) of performance.
- (4) The terms “modifications” and “modified” mean the same as the term “modification” as used in [section 7411(a)(4) of this title](/usc/42/7411.md?p=a-4).
# §7502. Nonattainment plan provisions in general
- (a) **Classifications and attainment dates—**
- (1) **Classifications—**
- (A) On or after the date the [Administrator](/usc/42/7602.md?p=a) promulgates the designation of an area as a [nonattainment area](/usc/42/7501.md?p=2) pursuant to [section 7407(d) of this title](/usc/42/7407.md?p=d) with respect to any national ambient air quality [standard](/usc/42/1320d.md?p=7) (or any revised [standard](/usc/42/1320d.md?p=7), including a revision of any [standard](/usc/42/1320d.md?p=7) in effect on November 15, 1990), the [Administrator](/usc/42/7602.md?p=a) may classify the area for the purpose of applying an attainment date pursuant to [paragraph (2)](#a-2), and for other purposes. In determining the appropriate classification, if any, for a [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) may consider such factors as the severity of nonattainment in such area and the availability and feasibility of the pollution control measures that the [Administrator](/usc/42/7602.md?p=a) believes may be necessary to provide for attainment of such [standard](/usc/42/1320d.md?p=7) in such area.
- (B) The [Administrator](/usc/42/7602.md?p=a) shall publish a notice in the Federal Register announcing each classification under [subparagraph (A)](#a-1-A), except the [Administrator](/usc/42/7602.md?p=a) shall provide an opportunity for at least 30 days for written comment. Such classification shall not be subject to the provisions of [sections 553 through 557](/usc/5/553..557.md) of title 5 (concerning notice and comment) and shall not be subject to judicial review until the [Administrator](/usc/42/7602.md?p=a) takes final action under subsection (k) or (l) of [section 7410 of this title](/usc/42/7410.md) (concerning action on plan submissions) or [section 7509 of this title](/usc/42/7509.md) (concerning sanctions) with respect to any plan submissions required by virtue of such classification.
- (C) This paragraph shall not apply with respect to [nonattainment areas](/usc/42/7501.md?p=2) for which classifications are specifically provided under other provisions of this part.
- (2) **Attainment dates for nonattainment areas—**
- (A) The attainment date for an area designated nonattainment with respect to a national primary ambient air quality [standard](/usc/42/1320d.md?p=7) shall be the date by which attainment can be achieved as expeditiously as practicable, but no later than 5 years from the date such area was designated nonattainment under [section 7407(d) of this title](/usc/42/7407.md?p=d), except that the [Administrator](/usc/42/7602.md?p=a) may extend the attainment date to the extent the [Administrator](/usc/42/7602.md?p=a) determines appropriate, for a period no greater than 10 years from the date of designation as nonattainment, considering the severity of nonattainment and the availability and feasibility of pollution control measures.
- (B) The attainment date for an area designated nonattainment with respect to a secondary national ambient air quality [standard](/usc/42/1320d.md?p=7) shall be the date by which attainment can be achieved as expeditiously as practicable after the date such area was designated nonattainment under [section 7407(d) of this title](/usc/42/7407.md?p=d).
- (C) Upon application by any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) may extend for 1 additional year (hereinafter referred to as the “Extension Year”) the attainment date determined by the [Administrator](/usc/42/7602.md?p=a) under subparagraph [(A)](#a-2-A) or [(B)](#a-2-B) if—
- (i) the [State](/usc/42/7602.md?p=d) has complied with all requirements and commitments pertaining to the area in the [applicable implementation plan](/usc/42/7602.md?p=q), and
- (ii) in accordance with guidance published by the [Administrator](/usc/42/7602.md?p=a), no more than a minimal number of exceedances of the relevant national ambient air quality [standard](/usc/42/1320d.md?p=7) has occurred in the area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this subparagraph for a [single](/usc/42/2304.md?p=m) [nonattainment area](/usc/42/7501.md?p=2).
- (D) This paragraph shall not apply with respect to [nonattainment areas](/usc/42/7501.md?p=2) for which attainment dates are specifically provided under other provisions of this part.
- (b) **Schedule for plan submissions—** At the time the [Administrator](/usc/42/7602.md?p=a) promulgates the designation of an area as nonattainment with respect to a national ambient air quality [standard](/usc/42/1320d.md?p=7) under [section 7407(d) of this title](/usc/42/7407.md?p=d), the [Administrator](/usc/42/7602.md?p=a) shall establish a schedule according to which the [State](/usc/42/7602.md?p=d) containing such area shall submit a plan or plan revision (including the plan items) meeting the applicable requirements of [subsection (c)](#c) and [section 7410(a)(2) of this title](/usc/42/7410.md?p=a-2). Such schedule shall at a minimum, include a date or dates, extending no later than 3 years from the date of the nonattainment designation, for the submission of a plan or plan revision (including the plan items) meeting the applicable requirements of [subsection (c)](#c) and [section 7410(a)(2) of this title](/usc/42/7410.md?p=a-2).
- (c) **Nonattainment plan provisions—** The plan provisions (including plan items) required to be submitted under this part shall comply with each of the following:
- (1) **In general—** Such plan provisions shall provide for the implementation of all reasonably available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology) and shall provide for attainment of the national primary ambient air quality [standards](/usc/42/1320d.md?p=7).
- (2) **RFP—** Such plan provisions shall require [reasonable further progress](/usc/42/7501.md?p=1).
- (3) **Inventory—** Such plan provisions shall include a comprehensive, accurate, current [inventory](/usc/42/4370m.md?p=14) of actual emissions from all sources of the relevant [pollutant](/usc/42/1397h.md?p=c-4) or [pollutants](/usc/42/1397h.md?p=c-4) in such area, including such periodic revisions as the [Administrator](/usc/42/7602.md?p=a) may determine necessary to assure that the requirements of this part are met.
- (4) **Identification and quantification—** Such plan provisions shall expressly identify and quantify the emissions, if any, of any such [pollutant](/usc/42/1397h.md?p=c-4) or [pollutants](/usc/42/1397h.md?p=c-4) which will be allowed, in accordance with [section 7503(a)(1)(B) of this title](/usc/42/7503.md?p=a-1-B), from the [construction](/usc/42/7479.md?p=2-C) and operation of major new or [modified](/usc/42/7501.md?p=4) [stationary sources](/usc/42/7411.md?p=a-3) in each such area. The plan shall demonstrate to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the emissions quantified for this purpose will be consistent with the achievement of [reasonable further progress](/usc/42/7501.md?p=1) and will not interfere with attainment of the applicable national ambient air quality [standard](/usc/42/1320d.md?p=7) by the applicable attainment date.
- (5) **Permits for new and modified major stationary sources—** Such plan provisions shall require permits for the [construction](/usc/42/7479.md?p=2-C) and operation of new or [modified](/usc/42/7501.md?p=4) [major stationary sources](/usc/42/7602.md?p=j) anywhere in the [nonattainment area](/usc/42/7501.md?p=2), in accordance with [section 7503 of this title](/usc/42/7503.md).
- (6) **Other measures—** Such plan provisions shall include enforceable [emission limitations](/usc/42/7602.md?p=k), and such other control measures, means or techniques (including economic incentives such as fees, marketable permits, and auctions of emission rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to provide for attainment of such [standard](/usc/42/1320d.md?p=7) in such area by the applicable attainment date specified in this part.
- (7) **Compliance with section 7410(a)(2)—** Such plan provisions shall also meet the applicable provisions of [section 7410(a)(2) of this title](/usc/42/7410.md?p=a-2).
- (8) **Equivalent techniques—** Upon application by any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) may allow the use of equivalent modeling, emission [inventory](/usc/42/4370m.md?p=14), and planning procedures, unless the [Administrator](/usc/42/7602.md?p=a) determines that the proposed techniques are, in the aggregate, less effective than the methods specified by the [Administrator](/usc/42/7602.md?p=a).
- (9) **Contingency measures—** Such plan shall provide for the implementation of specific measures to be undertaken if the area fails to make [reasonable further progress](/usc/42/7501.md?p=1), or to attain the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) by the attainment date applicable under this part. Such measures shall be included in the plan revision as contingency measures to take effect in any such case without further action by the [State](/usc/42/7602.md?p=d) or the [Administrator](/usc/42/7602.md?p=a).
- (d) **Plan revisions required in response to finding of plan inadequacy—** Any plan revision for a [nonattainment area](/usc/42/7501.md?p=2) which is required to be submitted in response to a finding by the [Administrator](/usc/42/7602.md?p=a) pursuant to [section 7410(k)(5) of this title](/usc/42/7410.md?p=k-5) (relating to calls for plan revisions) must correct the plan deficiency (or deficiencies) specified by the [Administrator](/usc/42/7602.md?p=a) and meet all other applicable plan requirements of [section 7410 of this title](/usc/42/7410.md) and this part. The [Administrator](/usc/42/7602.md?p=a) may reasonably adjust the dates otherwise applicable under such requirements to such revision (except for attainment dates that have not yet elapsed), to the extent necessary to achieve a consistent application of such requirements. In order to facilitate submittal by the [States](/usc/42/7602.md?p=d) of adequate and approvable plans consistent with the applicable requirements of this chapter, the [Administrator](/usc/42/7602.md?p=a) shall, as appropriate and from time to time, issue written guidelines, interpretations, and information to the [States](/usc/42/7602.md?p=d) which shall be available to the public, taking into consideration any such guidelines, interpretations, or information provided before November 15, 1990.
- (e) **Future modification of standard—** If the [Administrator](/usc/42/7602.md?p=a) relaxes a national primary ambient air quality [standard](/usc/42/1320d.md?p=7) after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall, within 12 months after the relaxation, promulgate requirements applicable to all areas which have not attained that [standard](/usc/42/1320d.md?p=7) as of the date of such relaxation. Such requirements shall provide for controls which are not less stringent than the controls applicable to areas designated nonattainment before such relaxation.
# §7503. Permit requirements
- (a) **In general—** The permit [program](/usc/42/274l–1.md?p=4) required by [section 7502(b)(6)](/usc/42/7502.md)[^1] of this title shall provide that permits to construct and operate may be issued if—
- (1) in accordance with regulations issued by the [Administrator](/usc/42/7602.md?p=a) for the determination of baseline emissions in a manner consistent with the assumptions underlying the [applicable implementation plan](/usc/42/7602.md?p=q) approved under [section 7410 of this title](/usc/42/7410.md) and this part, the permitting agency determines that—
- (A) by the time the source is to commence operation, sufficient offsetting [emissions reductions](/usc/42/17114.md?p=a-3) have been obtained, such that total allowable emissions from existing sources in the region, from new or [modified](/usc/42/7501.md?p=4) sources which are not [major emitting facilities](/usc/42/7602.md?p=j), and from the proposed source will be sufficiently less than total emissions from existing sources (as determined in accordance with the regulations under this paragraph) prior to the application for such permit to construct or modify so as to represent (when considered together with the plan provisions required under [section 7502 of this title](/usc/42/7502.md)) [reasonable further progress](/usc/42/7501.md?p=1) (as defined in [section 7501 of this title](/usc/42/7501.md)); or
- (B) in the case of a new or [modified](/usc/42/7501.md?p=4) [major stationary source](/usc/42/7602.md?p=j) which is located in a zone (within the [nonattainment area](/usc/42/7501.md?p=2)) identified by the [Administrator](/usc/42/7602.md?p=a), in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development, as a zone to which economic development should be targeted, that emissions of such [pollutant](/usc/42/1397h.md?p=c-4) resulting from the proposed new or [modified](/usc/42/7501.md?p=4) [major stationary source](/usc/42/7602.md?p=j) will not [cause](/usc/42/9908.md?p=c-2) or contribute to emissions levels which exceed the allowance permitted for such [pollutant](/usc/42/1397h.md?p=c-4) for such area from new or [modified](/usc/42/7501.md?p=4) [major stationary sources](/usc/42/7602.md?p=j) under [section 7502(c) of this title](/usc/42/7502.md?p=c);
- (2) the proposed source is required to comply with the [lowest achievable emission rate](/usc/42/7501.md?p=3);
- (3) the [owner or operator](/usc/42/9601.md?p=20-B) of the proposed new or [modified](/usc/42/7501.md?p=4) source has demonstrated that all [major stationary sources](/usc/42/7602.md?p=j) owned or operated by such [person](/usc/42/7602.md?p=e) (or by any entity controlling, controlled by, or under common control with such [person](/usc/42/7602.md?p=e)) in such [State](/usc/42/7602.md?p=d) are subject to [emission limitations](/usc/42/7602.md?p=k) and are in compliance, or on a schedule for compliance, with all applicable [emission limitations](/usc/42/7602.md?p=k) and [standards](/usc/42/1320d.md?p=7) under this chapter; and[^2]
- (4) the [Administrator](/usc/42/7602.md?p=a) has not determined that the [applicable implementation plan](/usc/42/7602.md?p=q) is not being adequately implemented for the [nonattainment area](/usc/42/7501.md?p=2) in which the proposed source is to be constructed or [modified](/usc/42/7501.md?p=4) in accordance with the requirements of this part; and
- (5) an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, [construction](/usc/42/7479.md?p=2-C), or [modification](/usc/42/7501.md?p=4).
Any emission reductions required as a precondition of the issuance of a permit under [paragraph (1)](#a-1) shall be federally enforceable before such permit may be issued.
- (b) **Prohibition on use of old growth allowances—** Any growth allowance included in an [applicable implementation plan](/usc/42/7602.md?p=q) to meet the requirements of [section 7502(b)(5) of this title](/usc/42/7502.md) (as in effect immediately before November 15, 1990) shall not be valid for use in any area that received or receives a notice under [section 7410(a)(2)(H)(ii) of this title](/usc/42/7410.md?p=a-2-H-ii) (as in effect immediately before November 15, 1990) or under [section 7410(k)(1) of this title](/usc/42/7410.md?p=k-1) that its [applicable implementation plan](/usc/42/7602.md?p=q) containing such allowance is substantially inadequate.
- (c) **Offsets—**
- (1) The [owner or operator](/usc/42/9601.md?p=20-B) of a new or [modified](/usc/42/7501.md?p=4) [major stationary source](/usc/42/7602.md?p=j) may comply with any offset requirement in effect under this part for increased emissions of any [air pollutant](/usc/42/7602.md?p=g) only by obtaining emission reductions of such [air pollutant](/usc/42/7602.md?p=g) from the same source or other sources in the same [nonattainment area](/usc/42/7501.md?p=2), except that the [State](/usc/42/7602.md?p=d) may allow the [owner or operator](/usc/42/9601.md?p=20-B) of a source to obtain such emission reductions in another [nonattainment area](/usc/42/7501.md?p=2) if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a [violation](/usc/42/2000e–16a.md?p=c) of the national ambient air quality [standard](/usc/42/1320d.md?p=7) in the [nonattainment area](/usc/42/7501.md?p=2) in which the source is located. Such emission reductions shall be, by the time a new or [modified](/usc/42/7501.md?p=4) source commences operation, in effect and enforceable and shall assure that the total tonnage of increased emissions of the [air pollutant](/usc/42/7602.md?p=g) from the new or [modified](/usc/42/7501.md?p=4) source shall be offset by an equal or greater reduction, as applicable, in the actual emissions of such [air pollutant](/usc/42/7602.md?p=g) from the same or other sources in the area.
- (2) Emission reductions otherwise required by this chapter shall not be creditable as [emissions reductions](/usc/42/17114.md?p=a-3) for purposes of any such offset requirement. Incidental emission reductions which are not otherwise required by this chapter shall be creditable as emission reductions for such purposes if such emission reductions meet the requirements of [paragraph (1)](#c-1).
- (d) **Control technology information—** The [State](/usc/42/7602.md?p=d) shall provide that control technology information from permits issued under this section will be promptly submitted to the [Administrator](/usc/42/7602.md?p=a) for purposes of making such information available through the RACT/BACT/LAER clearinghouse to other [States](/usc/42/7602.md?p=d) and to the general public.
- (e) **Rocket engines or motors—** The permitting authority of a [State](/usc/42/7602.md?p=d) shall allow a source to offset by alternative or innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or [modified](/usc/42/7501.md?p=4) [major source](/usc/42/7511a.md?p=b-1-A-ii-I) that tests rocket engines or motors under the following conditions:
- (1) Any [modification](/usc/42/7501.md?p=4) proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source that is permitted to test such engines on November 15, 1990.
- (2) The source demonstrates to the satisfaction of the permitting authority of the [State](/usc/42/7602.md?p=d) that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source.
- (3) The source has obtained a written finding from the Department of Defense, Department of Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that the testing of rocket motors or engines at the [facility](/usc/42/11049.md?p=4) is required for a [program](/usc/42/274l–1.md?p=4) essential to the national security.
- (4) The source will comply with an alternative measure, imposed by the permitting authority, designed to offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing any alternative offset measures, the permitting authority may impose an emissions fee to be paid to such authority of a [State](/usc/42/7602.md?p=d) which shall be an amount no greater than 1.5 times the average cost of [stationary source](/usc/42/7411.md?p=a-3) control measures adopted in that area during the previous 3 years. The permitting authority shall utilize the fees in a manner that maximizes the [emissions reductions](/usc/42/17114.md?p=a-3) in that area.
# §7504. Planning procedures
- (a) **In general—** For any ozone, carbon monoxide, or [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2), the [State](/usc/42/7602.md?p=d) containing such area and elected officials of affected [local governments](/usc/42/8401a.md) shall, before the date required for submittal of the [inventory](/usc/42/4370m.md?p=14) described under sections [7511a(a)(1)](/usc/42/7511a.md?p=a-1) and [7512a(a)(1)](/usc/42/7512a.md?p=a-1) of this title, jointly review and update as necessary the planning procedures adopted pursuant to this subsection as in effect immediately before November 15, 1990, or develop new planning procedures pursuant to this subsection, as appropriate. In preparing such procedures the [State](/usc/42/7602.md?p=d) and local elected officials shall determine which elements of a revised implementation plan will be developed, adopted, and implemented (through means including enforcement) by the [State](/usc/42/7602.md?p=d) and which by [local governments](/usc/42/8401a.md) or regional agencies, or any combination of [local governments](/usc/42/8401a.md), regional agencies, or the [State](/usc/42/7602.md?p=d). The implementation plan required by this part shall be prepared by an organization certified by the [State](/usc/42/7602.md?p=d), in consultation with elected officials of [local governments](/usc/42/8401a.md) and in accordance with the determination under the second sentence of this subsection. Such organization shall include elected officials of [local governments](/usc/42/8401a.md) in the affected area, and [representatives](/usc/42/3058f.md?p=5) of the [State](/usc/42/7602.md?p=d) air quality planning agency, the [State](/usc/42/7602.md?p=d) transportation planning agency, the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under [section 134 of title 23](/usc/23/134.md), the organization responsible for the air quality maintenance planning process under regulations implementing this chapter, and any other organization with responsibilities for developing, submitting, or implementing the plan required by this part. Such organization may be one that carried out these functions before November 15, 1990.
- (b) **Coordination—** The preparation of implementation plan provisions and subsequent plan revisions under the continuing transportation-air quality planning process described in [section 7408(e) of this title](/usc/42/7408.md?p=e) shall be coordinated with the continuing, cooperative and comprehensive transportation planning process required under [section 134 of title 23](/usc/23/134.md), and such planning processes shall take into account the requirements of this part.
- (c) **Joint planning—** In the case of a [nonattainment area](/usc/42/7501.md?p=2) that is included within more than one [State](/usc/42/7602.md?p=d), the affected [States](/usc/42/7602.md?p=d) may jointly, through interstate [compact](/usc/42/2021b.md?p=4) or otherwise, undertake and implement all or part of the planning procedures described in this section.
# §7505. Environmental Protection Agency grants
- (a) **Plan revision development costs—** The [Administrator](/usc/42/7602.md?p=a) shall make grants to any organization of local elected officials with transportation or air quality maintenance planning responsibilities recognized by the [State](/usc/42/7602.md?p=d) under [section 7504(a) of this title](/usc/42/7504.md?p=a) for payment of the reasonable costs of developing a plan revision under this part.
- (b) **Uses of grant funds—** The amount granted to any organization under [subsection (a)](#a) shall be 100 percent of any additional costs of developing a plan revision under this part for the first two fiscal years following receipt of the grant under this paragraph, and shall supplement any [funds](/usc/42/12854.md?p=3) available under Federal law to such organization for transportation or air quality maintenance planning. Grants under this section shall not be used for [construction](/usc/42/7479.md?p=2-C).
# §7505a. Maintenance plans
- (a) **Plan revision—** Each [State](/usc/42/7602.md?p=d) which submits a request under [section 7407(d) of this title](/usc/42/7407.md?p=d) for redesignation of a [nonattainment area](/usc/42/7501.md?p=2) for any [air pollutant](/usc/42/7602.md?p=g) as an area which has attained the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for that [air pollutant](/usc/42/7602.md?p=g) shall also submit a revision of the applicable [State](/usc/42/7602.md?p=d) implementation plan to provide for the maintenance of the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for such [air pollutant](/usc/42/7602.md?p=g) in the area concerned for at least 10 years after the redesignation. The plan shall contain such additional measures, if any, as may be necessary to ensure such maintenance.
- (b) **Subsequent plan revisions—** 8 years after redesignation of any area as an attainment area under [section 7407(d) of this title](/usc/42/7407.md?p=d), the [State](/usc/42/7602.md?p=d) shall submit to the [Administrator](/usc/42/7602.md?p=a) an additional revision of the applicable [State](/usc/42/7602.md?p=d) implementation plan for maintaining the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for 10 years after the expiration of the 10-year period referred to in [subsection (a)](#a).
- (c) **Nonattainment requirements applicable pending plan approval—** Until such plan revision is approved and an area is redesignated as attainment for any area designated as a [nonattainment area](/usc/42/7501.md?p=2), the requirements of this part shall continue in force and effect with respect to such area.
- (d) **Contingency provisions—** Each plan revision submitted under this section shall contain such contingency provisions as the [Administrator](/usc/42/7602.md?p=a) deems necessary to assure that the [State](/usc/42/7602.md?p=d) will promptly correct any [violation](/usc/42/2000e–16a.md?p=c) of the [standard](/usc/42/1320d.md?p=7) which occurs after the redesignation of the area as an attainment area. Such provisions shall include a requirement that the [State](/usc/42/7602.md?p=d) will implement all measures with respect to the control of the [air pollutant](/usc/42/7602.md?p=g) concerned which were contained in the [State](/usc/42/7602.md?p=d) implementation plan for the area before redesignation of the area as an attainment area. The failure of any area redesignated as an attainment area to maintain the national ambient air quality [standard](/usc/42/1320d.md?p=7) concerned shall not result in a requirement that the [State](/usc/42/7602.md?p=d) revise its [State](/usc/42/7602.md?p=d) implementation plan unless the [Administrator](/usc/42/7602.md?p=a), in the [Administrator](/usc/42/7602.md?p=a)’s discretion, requires the [State](/usc/42/7602.md?p=d) to submit a revised [State](/usc/42/7602.md?p=d) implementation plan.
# §7506. Limitations on certain Federal assistance
- (a) **, (b) Repealed. Pub. L. 101–549, title I, § 110(4), Nov. 15, 1990, 104 Stat. 2470—**
- (c) **Activities not conforming to approved or promulgated plans—**
- (1) No department, agency, or instrumentality of the Federal Government shall engage in, support in any way or provide financial assistance for, license or permit, or approve, any activity which does not conform to an implementation plan after it has been approved or promulgated under [section 7410 of this title](/usc/42/7410.md). No metropolitan planning organization designated under [section 134 of title 23](/usc/23/134.md), shall give its approval to any [project](/usc/42/11360.md?p=20), [program](/usc/42/274l–1.md?p=4), or plan which does not conform to an implementation plan approved or promulgated under [section 7410 of this title](/usc/42/7410.md). The assurance of conformity to such an implementation plan shall be an affirmative responsibility of the head of such department, agency, or instrumentality. Conformity to an implementation plan means—
- (A) conformity to an implementation plan’s purpose of eliminating or reducing the severity and number of [violations](/usc/42/2000e–16a.md?p=c) of the national ambient air quality [standards](/usc/42/1320d.md?p=7) and achieving expeditious attainment of such [standards](/usc/42/1320d.md?p=7); and
- (B) that such activities will not—
- (i) [cause](/usc/42/9908.md?p=c-2) or contribute to any new [violation](/usc/42/2000e–16a.md?p=c) of any [standard](/usc/42/1320d.md?p=7) in any area;
- (ii) increase the frequency or severity of any existing [violation](/usc/42/2000e–16a.md?p=c) of any [standard](/usc/42/1320d.md?p=7) in any area; or
- (iii) delay timely attainment of any [standard](/usc/42/1320d.md?p=7) or any required interim emission reductions or other milestones in any area.
The determination of conformity shall be based on the most recent estimates of emissions, and such estimates shall be determined from the most recent population, employment, travel and congestion estimates as determined by the metropolitan planning organization or other agency authorized to make such estimates.
- (2) Any transportation plan or [program](/usc/42/274l–1.md?p=4) developed pursuant to [title 23](/usc/23.md) or [chapter 53](/usc/49/chstIII-ch53.md) of title 49 shall implement the transportation provisions of any [applicable implementation plan](/usc/42/7602.md?p=q) approved under this chapter applicable to all or part of the area covered by such transportation plan or [program](/usc/42/274l–1.md?p=4). No Federal agency may approve, accept or [fund](/usc/42/12854.md?p=3) any transportation plan, [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) unless such plan, [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) has been found to conform to any [applicable implementation plan](/usc/42/7602.md?p=q) in effect under this chapter. In particular—
- (A) no transportation plan or transportation improvement [program](/usc/42/274l–1.md?p=4) may be adopted by a metropolitan planning organization designated under [title 23](/usc/23.md) or [chapter 53](/usc/49/chstIII-ch53.md) of title 49, or be found to be in conformity by a metropolitan planning organization until a final determination has been made that emissions expected from implementation of such plans and [programs](/usc/42/274l–1.md?p=4) are consistent with estimates of emissions from [motor vehicles](/usc/42/13211.md?p=13) and necessary [emissions reductions](/usc/42/17114.md?p=a-3) contained in the [applicable implementation plan](/usc/42/7602.md?p=q), and that the plan or [program](/usc/42/274l–1.md?p=4) will conform to the requirements of [paragraph (1)(B)](#c-1-B);
- (B) no metropolitan planning organization or other [recipient](/usc/42/2996a.md?p=6) of [funds](/usc/42/12854.md?p=3) under [title 23](/usc/23.md) or [chapter 53](/usc/49/chstIII-ch53.md) of title 49 shall adopt or approve a transportation improvement [program](/usc/42/274l–1.md?p=4) of [projects](/usc/42/11360.md?p=20) until it determines that such [program](/usc/42/274l–1.md?p=4) provides for timely implementation of transportation control measures consistent with schedules included in the [applicable implementation plan](/usc/42/7602.md?p=q);
- (C) a transportation [project](/usc/42/11360.md?p=20) may be adopted or approved by a metropolitan planning organization or any [recipient](/usc/42/2996a.md?p=6) of [funds](/usc/42/12854.md?p=3) designated under [title 23](/usc/23.md) or [chapter 53](/usc/49/chstIII-ch53.md) of title 49, or found in conformity by a metropolitan planning organization or approved, accepted, or funded by the Department of Transportation only if it meets either the requirements of [subparagraph (D)](#c-2-D) or the following requirements—
- (i) such a [project](/usc/42/11360.md?p=20) comes from a conforming plan and [program](/usc/42/274l–1.md?p=4);
- (ii) the design concept and scope of such [project](/usc/42/11360.md?p=20) have not changed significantly since the conformity finding regarding the plan and [program](/usc/42/274l–1.md?p=4) from which the [project](/usc/42/11360.md?p=20) derived; and
- (iii) the design concept and scope of such [project](/usc/42/11360.md?p=20) at the time of the conformity determination for the [program](/usc/42/274l–1.md?p=4) was adequate to determine emissions.
- (D) Any [project](/usc/42/11360.md?p=20) not referred to in [subparagraph (C)](#c-2-C) shall be treated as conforming to the [applicable implementation plan](/usc/42/7602.md?p=q) only if it is demonstrated that the projected emissions from such [project](/usc/42/11360.md?p=20), when considered together with emissions projected for the conforming transportation plans and [programs](/usc/42/274l–1.md?p=4) within the [nonattainment area](/usc/42/7501.md?p=2), do not [cause](/usc/42/9908.md?p=c-2) such plans and [programs](/usc/42/274l–1.md?p=4) to exceed the emission reduction projections and schedules assigned to such plans and [programs](/usc/42/274l–1.md?p=4) in the [applicable implementation plan](/usc/42/7602.md?p=q).
- (E) The appropriate metropolitan planning organization shall redetermine conformity of existing transportation plans and [programs](/usc/42/274l–1.md?p=4) not later than 2 years after the date on which the [Administrator](/usc/42/7602.md?p=a)—
- (i) finds a [motor vehicle](/usc/42/13211.md?p=13) emissions budget to be adequate in accordance with [section 93.118(e)(4) of title 40, Code of Federal Regulations](/cfr/40/93.118.md?p=e-4) (as in effect on October 1, 2004);
- (ii) approves an implementation plan that establishes a [motor vehicle](/usc/42/13211.md?p=13) emissions budget if that budget has not yet been determined to be adequate in accordance with [clause (i)](#c-2-E-i); or
- (iii) promulgates an implementation plan that establishes or revises a [motor vehicle](/usc/42/13211.md?p=13) emissions budget.
- (3) Until such time as the implementation plan revision referred to in [paragraph (4)(C)](#c-4-C)[^1] is approved, conformity of such plans, [programs](/usc/42/274l–1.md?p=4), and [projects](/usc/42/11360.md?p=20) will be demonstrated if—
- (A) the transportation plans and [programs](/usc/42/274l–1.md?p=4)—
- (i) are consistent with the most recent estimates of mobile source emissions;
- (ii) provide for the expeditious implementation of transportation control measures in the [applicable implementation plan](/usc/42/7602.md?p=q); and
- (iii) with respect to ozone and carbon monoxide [nonattainment areas](/usc/42/7501.md?p=2), contribute to annual [emissions reductions](/usc/42/17114.md?p=a-3) consistent with sections [7511a(b)(1)](/usc/42/7511a.md?p=b-1) and [7512a(a)(7)](/usc/42/7512a.md?p=a-7) of this title; and
- (B) the transportation [projects](/usc/42/11360.md?p=20)—
- (i) come from a conforming transportation plan and [program](/usc/42/274l–1.md?p=4) as defined in [subparagraph (A)](#c-3-A) or for 12 months after November 15, 1990, from a transportation [program](/usc/42/274l–1.md?p=4) found to conform within 3 years prior to November 15, 1990; and
- (ii) in carbon monoxide [nonattainment areas](/usc/42/7501.md?p=2), eliminate or reduce the severity and number of [violations](/usc/42/2000e–16a.md?p=c) of the carbon monoxide [standards](/usc/42/1320d.md?p=7) in the area substantially affected by the [project](/usc/42/11360.md?p=20).
With regard to [subparagraph (B)(ii)](#c-3-B-ii), such determination may be made as part of either the conformity determination for the transportation [program](/usc/42/274l–1.md?p=4) or for the individual [project](/usc/42/11360.md?p=20) taken as a whole during the environmental review phase of [project](/usc/42/11360.md?p=20) development.
- (4) **Criteria and procedures for determining conformity.—**
- (A) **In general.—** The [Administrator](/usc/42/7602.md?p=a) shall promulgate, and periodically update, criteria and procedures for determining conformity (except in the case of transportation plans, [programs](/usc/42/274l–1.md?p=4), and [projects](/usc/42/11360.md?p=20)) of, and for keeping the [Administrator](/usc/42/7602.md?p=a) informed about, the activities referred to in [paragraph (1)](#c-1).
- (B) **Transportation plans, programs, and projects.—** The [Administrator](/usc/42/7602.md?p=a), with the concurrence of the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, shall promulgate, and periodically update, criteria and procedures for demonstrating and assuring conformity in the case of transportation plans, [programs](/usc/42/274l–1.md?p=4), and [projects](/usc/42/11360.md?p=20).
- (C) **Civil action to compel promulgation.—** A civil action may be brought against the [Administrator](/usc/42/7602.md?p=a) and the [Secretary](/usc/42/242q–4.md?p=2) of Transportation under [section 7604 of this title](/usc/42/7604.md) to compel promulgation of such criteria and procedures and the Federal district court shall have jurisdiction to order such promulgation.
- (D) The procedures and criteria shall, at a minimum—
- (i) address the consultation procedures to be undertaken by metropolitan planning organizations and the [Secretary](/usc/42/242q–4.md?p=2) of Transportation with [State](/usc/42/7602.md?p=d) and local air quality agencies and State departments of transportation before such organizations and the [Secretary](/usc/42/242q–4.md?p=2) make conformity determinations;
- (ii) address the appropriate frequency for making conformity determinations, but the frequency for making conformity determinations on updated transportation plans and [programs](/usc/42/274l–1.md?p=4) shall be every 4 years, except in a case in which—
- (I) the metropolitan planning organization elects to update a transportation plan or [program](/usc/42/274l–1.md?p=4) more frequently; or
- (II) the metropolitan planning organization is required to determine conformity in accordance with [paragraph (2)(E)](#c-2-E); and
- (iii) address how conformity determinations will be made with respect to maintenance plans.
- (E) **Inclusion of criteria and procedures in sip.—** Not later than 2 years after August 10, 2005, the procedures under [subparagraph (A)](#c-4-A) shall include a requirement that each [State](/usc/42/7602.md?p=d) include in the [State](/usc/42/7602.md?p=d) implementation plan criteria and procedures for consultation required by [subparagraph (D)(i)](#c-4-D-i), and enforcement and enforceability (pursuant to sections [93.125(c)](/cfr/40/93.125.md?p=c) and [93.122(a)(4)(ii)](/cfr/40/93.122.md?p=a-4-ii) of title 40, Code of Federal Regulations) in accordance with the [Administrator](/usc/42/7602.md?p=a)’s criteria and procedures for consultation, enforcement and enforceability.
- (F) Compliance with the rules of the [Administrator](/usc/42/7602.md?p=a) for determining the conformity of transportation plans, [programs](/usc/42/274l–1.md?p=4), and [projects](/usc/42/11360.md?p=20) funded or approved under [title 23](/usc/23.md) or [chapter 53](/usc/49/chstIII-ch53.md) of title 49 to [State](/usc/42/7602.md?p=d) or [Federal implementation plans](/usc/42/7602.md?p=y) shall not be required for traffic signal synchronization [projects](/usc/42/11360.md?p=20) prior to the funding, approval or implementation of such [projects](/usc/42/11360.md?p=20). The supporting regional emissions analysis for any conformity determination made with respect to a transportation plan, [program](/usc/42/274l–1.md?p=4), or [project](/usc/42/11360.md?p=20) shall consider the effect on emissions of any such [project](/usc/42/11360.md?p=20) funded, approved, or implemented prior to the conformity determination.
- (5) **Applicability.—** This subsection shall apply only with respect to—
- (A) a [nonattainment area](/usc/42/7501.md?p=2) and each [pollutant](/usc/42/1397h.md?p=c-4) for which the area is designated as a [nonattainment area](/usc/42/7501.md?p=2); and
- (B) an area that was designated as a [nonattainment area](/usc/42/7501.md?p=2) but that was later redesignated by the [Administrator](/usc/42/7602.md?p=a) as an attainment area and that is required to develop a maintenance plan under [section 7505a of this title](/usc/42/7505a.md) with respect to the specific [pollutant](/usc/42/1397h.md?p=c-4) for which the area was designated nonattainment.
- (6) Notwithstanding paragraph 5,[^2] this subsection shall not apply with respect to an area designated nonattainment under [section 7407(d)(1) of this title](/usc/42/7407.md?p=d-1) until 1 year after that area is first designated nonattainment for a specific national ambient air quality [standard](/usc/42/1320d.md?p=7). This paragraph only applies with respect to the national ambient air quality [standard](/usc/42/1320d.md?p=7) for which an area is newly designated nonattainment and does not affect the area’s requirements with respect to all other national ambient air quality [standards](/usc/42/1320d.md?p=7) for which the area is designated nonattainment or has been redesignated from nonattainment to attainment with a maintenance plan pursuant to [section 7505a](/usc/42/7505a.md)[^1] of this title (including any pre-existing national ambient air quality [standard](/usc/42/1320d.md?p=7) for a [pollutant](/usc/42/1397h.md?p=c-4) for which a new or revised [standard](/usc/42/1320d.md?p=7) has been issued).
- (7) **Conformity horizon for transportation plans.—**
- (A) **In general.—** Each conformity determination required under this section for a transportation plan under [section 134(i) of title 23](/usc/23/134.md?p=i) or [section 5303(i) of title 49](/usc/49/5303.md?p=i) shall require a demonstration of conformity for the period ending on either the final year of the transportation plan, or at the election of the metropolitan planning organization, after consultation with the [air pollution control agency](#c-7-E) and solicitation of public comments and consideration of such comments, the longest of the following periods:
- (i) The first 10-year period of any such transportation plan.
- (ii) The latest year in the implementation plan applicable to the area that contains a [motor vehicle](/usc/42/13211.md?p=13) emission budget.
- (iii) The year after the completion date of a regionally significant [project](/usc/42/11360.md?p=20) if the [project](/usc/42/11360.md?p=20) is included in the transportation improvement [program](/usc/42/274l–1.md?p=4) or the [project](/usc/42/11360.md?p=20) requires approval before the subsequent conformity determination.
- (B) **Regional emissions analysis.—** The conformity determination shall be accompanied by a regional emissions analysis for the last year of the transportation plan and for any year shown to exceed emission budgets by a prior analysis, if such year extends beyond the applicable period as determined under [subparagraph (A)](#c-7-A).
- (C) **Exception.—** In any case in which an area has a revision to an implementation plan under [section 7505a(b) of this title](/usc/42/7505a.md?p=b) and the [Administrator](/usc/42/7602.md?p=a) has found the [motor vehicles](/usc/42/13211.md?p=13) emissions budgets from that revision to be adequate in accordance with [section 93.118(e)(4) of title 40, Code of Federal Regulations](/cfr/40/93.118.md?p=e-4) (as in effect on October 1, 2004), or has approved the revision, the demonstration of conformity at the election of the metropolitan planning organization, after consultation with the [air pollution control agency](#c-7-E) and solicitation of public comments and consideration of such comments, shall be required to extend only through the last year of the implementation plan required under [section 7505a(b) of this title](/usc/42/7505a.md?p=b).
- (D) **Effect of election.—** Any election by a metropolitan planning organization under this paragraph shall continue in effect until the metropolitan planning organization elects otherwise.
- (E) **Air pollution control agency defined.—** In this paragraph, the term “air pollution control agency” means an air pollution control agency (as defined in [section 7602(b) of this title](/usc/42/7602.md?p=b)) that is responsible for developing plans or controlling air pollution within the area covered by a transportation plan.
- (8) **Substitution of transportation control measures.—**
- (A) **In general.—** Transportation control measures that are specified in an implementation plan may be replaced or added to the implementation plan with alternate or additional transportation control measures—
- (i) if the substitute measures achieve equivalent or greater [emissions reductions](/usc/42/17114.md?p=a-3) than the control measure to be replaced, as demonstrated with an emissions impact analysis that is consistent with the current methodology used for evaluating the replaced control measure in the implementation plan;
- (ii) if the substitute control measures are implemented—
- (I) in accordance with a schedule that is consistent with the schedule provided for control measures in the implementation plan; or
- (II) if the implementation plan date for implementation of the control measure to be replaced has passed, as soon as practicable after the implementation plan date but not later than the date on which emission reductions are necessary to achieve the purpose of the implementation plan;
- (iii) if the substitute and additional control measures are accompanied with evidence of adequate personnel and funding and authority under [State](/usc/42/7602.md?p=d) or local law to implement, monitor, and enforce the control measures;
- (iv) if the substitute and additional control measures were developed through a collaborative process that included—
- (I) participation by [representatives](/usc/42/3058f.md?p=5) of all affected jurisdictions (including local [air pollution control agencies](/usc/42/7602.md?p=b), the [State](/usc/42/7602.md?p=d) [air pollution control agency](/usc/42/7602.md?p=b), and [State](/usc/42/7602.md?p=d) and local transportation agencies);
- (II) consultation with the [Administrator](/usc/42/7602.md?p=a); and
- (III) reasonable public notice and opportunity for comment; and
- (v) if the metropolitan planning organization, [State](/usc/42/7602.md?p=d) [air pollution control agency](/usc/42/7602.md?p=b), and the [Administrator](/usc/42/7602.md?p=a) concur with the equivalency of the substitute or additional control measures.
- (B) **Adoption.—**
- (i) Concurrence by the metropolitan planning organization, [State](/usc/42/7602.md?p=d) [air pollution control agency](/usc/42/7602.md?p=b) and the [Administrator](/usc/42/7602.md?p=a) as required by [subparagraph (A)(v)](#c-8-A-v) shall constitute adoption of the substitute or additional control measures so long as the requirements of subparagraphs [(A)(i)](#c-8-A-i), [(A)(ii)](#c-8-A-ii), [(A)(iii)](#c-8-A-iii) and [(A)(iv)](#c-8-A-iv) are met.
- (ii) Once adopted, the substitute or additional control measures become, by operation of law, part of the [State](/usc/42/7602.md?p=d) implementation plan and become federally enforceable.
- (iii) Within 90 days of its concurrence under [subparagraph (A)(v)](#c-8-A-v), the [State](/usc/42/7602.md?p=d) [air pollution control agency](/usc/42/7602.md?p=b) shall submit the substitute or additional control measure to the [Administrator](/usc/42/7602.md?p=a) for incorporation in the codification of the [applicable implementation plan](/usc/42/7602.md?p=q). Nothwithstanding[^3] any other provision of this chapter, no additional [State](/usc/42/7602.md?p=d) process shall be necessary to support such revision to the applicable plan.
- (C) **No requirement for express permission.—** The substitution or addition of a transportation control measure in accordance with this paragraph and the funding or approval of such a control measure shall not be contingent on the existence of any provision in the [applicable implementation plan](/usc/42/7602.md?p=q) that expressly permits such a substitution or addition.
- (D) **No requirement for new conformity determination.—** The substitution or addition of a transportation control measure in accordance with this paragraph shall not require—
- (i) a new conformity determination for the transportation plan; or
- (ii) a revision of the implementation plan.
- (E) **Continuation of control measure being replaced.—** A control measure that is being replaced by a substitute control measure under this paragraph shall remain in effect until the substitute control measure is adopted by the [State](/usc/42/7602.md?p=d) pursuant to [subparagraph (B)](#c-8-B).
- (F) **Effect of adoption.—** Adoption of a substitute control measure shall constitute rescission of the previously applicable control measure.
- (9) **Lapse of conformity.—** If a conformity determination required under this subsection for a transportation plan under [section 134(i) of title 23](/usc/23/134.md?p=i) or [section 5303(i) of title 49](/usc/49/5303.md?p=i) or a transportation improvement [program](/usc/42/274l–1.md?p=4) under [section 134(j)](/usc/23/134.md?p=j) of such title 23 or under [section 5303(j)](/usc/42/5303.md) of such title 49 is not made by the applicable deadline and such failure is not corrected by additional measures to either reduce [motor vehicle](/usc/42/13211.md?p=13) emissions sufficient to demonstrate compliance with the requirements of this subsection within 12 months after such deadline or other measures sufficient to correct such failures, the transportation plan shall [lapse](#c-10).
- (10) **Lapse.—** In this subsection, the term “lapse” means that the conformity determination for a transportation plan or transportation improvement [program](/usc/42/274l–1.md?p=4) has expired, and thus there is no currently conforming transportation plan or transportation improvement [program](/usc/42/274l–1.md?p=4).
- (d) **Priority of achieving and maintaining national primary ambient air quality standards—** Each department, agency, or instrumentality of the Federal Government having authority to conduct or support any [program](/usc/42/274l–1.md?p=4) with air-quality related transportation consequences shall give priority in the exercise of such authority, consistent with statutory requirements for [allocation](/usc/42/2021b.md?p=2) among [States](/usc/42/7602.md?p=d) or other jurisdictions, to the implementation of those portions of plans prepared under this section to achieve and maintain the national primary ambient air-quality [standard](/usc/42/1320d.md?p=7). This paragraph extends to, but is not limited to, authority exercised under [chapter 53](/usc/49/chstIII-ch53.md) of title 49, [title 23](/usc/23.md), and the [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development Act.
# §7506a. Interstate transport commissions
- (a) **Authority to establish interstate transport regions—** Whenever, on the [Administrator](/usc/42/7602.md?p=a)’s own motion or by petition from the [Governor](/usc/42/6372.md?p=1) of any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) has reason to believe that the interstate transport of [air pollutants](/usc/42/7602.md?p=g) from one or more [States](/usc/42/7602.md?p=d) contributes significantly to a [violation](/usc/42/2000e–16a.md?p=c) of a national ambient air quality [standard](/usc/42/1320d.md?p=7) in one or more other [States](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) may establish, by rule, a transport region for such [pollutant](/usc/42/1397h.md?p=c-4) that includes such [States](/usc/42/7602.md?p=d). The [Administrator](/usc/42/7602.md?p=a), on the [Administrator](/usc/42/7602.md?p=a)’s own motion or upon petition from the [Governor](/usc/42/6372.md?p=1) of any [State](/usc/42/7602.md?p=d), or upon the recommendation of a transport [commission](/usc/42/2000ff.md?p=1) established under [subsection (b)](#b), may—
- (1) add any [State](/usc/42/7602.md?p=d) or portion of a [State](/usc/42/7602.md?p=d) to any region established under this subsection whenever the [Administrator](/usc/42/7602.md?p=a) has reason to believe that the interstate transport of [air pollutants](/usc/42/7602.md?p=g) from such [State](/usc/42/7602.md?p=d) significantly contributes to a [violation](/usc/42/2000e–16a.md?p=c) of the [standard](/usc/42/1320d.md?p=7) in the transport region, or
- (2) [remove](/usc/42/9601.md?p=23) any [State](/usc/42/7602.md?p=d) or portion of a [State](/usc/42/7602.md?p=d) from the region whenever the [Administrator](/usc/42/7602.md?p=a) has reason to believe that the control of emissions in that [State](/usc/42/7602.md?p=d) or portion of the [State](/usc/42/7602.md?p=d) pursuant to this section will not significantly contribute to the attainment of the [standard](/usc/42/1320d.md?p=7) in any area in the region.
The [Administrator](/usc/42/7602.md?p=a) shall approve or disapprove any such petition or recommendation within 18 months of its receipt. The [Administrator](/usc/42/7602.md?p=a) shall establish appropriate proceedings for public participation regarding such petitions and motions, including notice and comment.
- (b) **Transport commissions—**
- (1) **Establishment—** Whenever the [Administrator](/usc/42/7602.md?p=a) establishes a transport region under [subsection (a)](#a), the [Administrator](/usc/42/7602.md?p=a) shall establish a transport [commission](/usc/42/2000ff.md?p=1) comprised of (at a minimum) each of the following members:
- (A) The [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/7602.md?p=d) in the region or the designee of each such [Governor](/usc/42/6372.md?p=1).
- (B) The [Administrator](/usc/42/7602.md?p=a) or the [Administrator](/usc/42/7602.md?p=a)’s designee.
- (C) The Regional [Administrator](/usc/42/7602.md?p=a) (or the [Administrator](/usc/42/7602.md?p=a)’s designee) for each Regional [Office](/usc/42/3058f.md?p=1) for each Environmental Protection Agency Region affected by the transport region concerned.
- (D) An air pollution control official representing each [State](/usc/42/7602.md?p=d) in the region, appointed by the [Governor](/usc/42/6372.md?p=1).
Decisions of, and recommendations and requests to, the [Administrator](/usc/42/7602.md?p=a) by each transport [commission](/usc/42/2000ff.md?p=1) may be made only by a majority vote of all members other than the [Administrator](/usc/42/7602.md?p=a) and the Regional [Administrators](/usc/42/7602.md?p=a) (or designees thereof).
- (2) **Recommendations—** The transport [commission](/usc/42/2000ff.md?p=1) shall assess the degree of interstate transport of the [pollutant](/usc/42/1397h.md?p=c-4) or precursors to the [pollutant](/usc/42/1397h.md?p=c-4) throughout the transport region, assess strategies for mitigating the interstate pollution, and recommend to the [Administrator](/usc/42/7602.md?p=a) such measures as the [Commission](/usc/42/2000ff.md?p=1) determines to be necessary to ensure that the plans for the relevant [States](/usc/42/7602.md?p=d) meet the requirements of [section 7410(a)(2)(D) of this title](/usc/42/7410.md?p=a-2-D). Such [commission](/usc/42/2000ff.md?p=1) shall not be subject to the provisions of [chapter 10](/usc/5/chptI-ch10.md) of title 5.
- (c) **Commission requests—** A transport [commission](/usc/42/2000ff.md?p=1) established under [subsection (b)](#b) may request the [Administrator](/usc/42/7602.md?p=a) to issue a finding under [section 7410(k)(5) of this title](/usc/42/7410.md?p=k-5) that the implementation plan for one or more of the [States](/usc/42/7602.md?p=d) in the transport region is substantially inadequate to meet the requirements of [section 7410(a)(2)(D) of this title](/usc/42/7410.md?p=a-2-D). The [Administrator](/usc/42/7602.md?p=a) shall approve, disapprove, or partially approve and partially disapprove such a request within 18 months of its receipt and, to the extent the [Administrator](/usc/42/7602.md?p=a) approves such request, issue the finding under [section 7410(k)(5) of this title](/usc/42/7410.md?p=k-5) at the time of such approval. In acting on such request, the [Administrator](/usc/42/7602.md?p=a) shall provide an opportunity for public participation and shall address each specific recommendation made by the [commission](/usc/42/2000ff.md?p=1). Approval or disapproval of such a request shall constitute final agency action within the meaning of [section 7607(b) of this title](/usc/42/7607.md?p=b).
# §7507. New motor vehicle emission standards in nonattainment areas
Notwithstanding [section 7543(a) of this title](/usc/42/7543.md?p=a), any [State](/usc/42/7602.md?p=d) which has plan provisions approved under this part may adopt and enforce for any model year [standards](/usc/42/1320d.md?p=7) relating to control of emissions from [new motor vehicles](/usc/42/7550.md?p=3) or [new motor vehicle engines](/usc/42/7550.md?p=3) and take such other actions as are referred to in [section 7543(a) of this title](/usc/42/7543.md?p=a) respecting such vehicles if—
- (1) such [standards](/usc/42/1320d.md?p=7) are identical to the California [standards](/usc/42/1320d.md?p=7) for which a waiver has been granted for such model year, and
- (2) California and such [State](/usc/42/7602.md?p=d) adopt such [standards](/usc/42/1320d.md?p=7) at least two years before commencement of such model year (as determined by regulations of the [Administrator](/usc/42/7602.md?p=a)).
Nothing in this section or in subchapter II of this chapter shall be construed as authorizing any such [State](/usc/42/7602.md?p=d) to prohibit or limit, directly or indirectly, the [manufacture](/usc/42/300aa–33.md?p=3) or sale of a [new motor vehicle](/usc/42/7550.md?p=3) or [motor vehicle](/usc/42/13211.md?p=13) engine that is certified in California as meeting California [standards](/usc/42/1320d.md?p=7), or to take any action of any kind to create, or have the effect of creating, a [motor vehicle](/usc/42/13211.md?p=13) or [motor vehicle](/usc/42/13211.md?p=13) engine different than a [motor vehicle](/usc/42/13211.md?p=13) or engine certified in California under California [standards](/usc/42/1320d.md?p=7) (a “third vehicle”) or otherwise create such a “third vehicle”.
# §7508. Guidance documents
The [Administrator](/usc/42/7602.md?p=a) shall issue guidance documents under [section 7408 of this title](/usc/42/7408.md) for purposes of assisting [States](/usc/42/7602.md?p=d) in implementing requirements of this part respecting the [lowest achievable emission rate](/usc/42/7501.md?p=3). Such a document shall be published not later than nine months after August 7, 1977, and shall be revised at least every two years thereafter.
# §7509. Sanctions and consequences of failure to attain
- (a) **State failure—** For any implementation plan or plan revision required under this part (or required in response to a finding of substantial inadequacy as described in [section 7410(k)(5) of this title](/usc/42/7410.md?p=k-5)), if the [Administrator](/usc/42/7602.md?p=a)—
- (1) finds that a [State](/usc/42/7602.md?p=d) has failed, for an area designated nonattainment under [section 7407(d) of this title](/usc/42/7407.md?p=d), to submit a plan, or to submit 1 or more of the elements (as determined by the [Administrator](/usc/42/7602.md?p=a)) required by the provisions of this chapter applicable to such an area, or has failed to make a submission for such an area that satisfies the minimum criteria established in relation to any such element under [section 7410(k) of this title](/usc/42/7410.md?p=k),
- (2) disapproves a submission under [section 7410(k) of this title](/usc/42/7410.md?p=k), for an area designated nonattainment under [section 7407 of this title](/usc/42/7407.md), based on the submission’s failure to meet one or more of the elements required by the provisions of this chapter applicable to such an area,
- (3)
- (A) determines that a [State](/usc/42/7602.md?p=d) has failed to make any submission as may be required under this chapter, other than one described under paragraph [(1)](#a-1) or [(2)](#a-2), including an adequate maintenance plan, or has failed to make any submission, as may be required under this chapter, other than one described under paragraph [(1)](#a-1) or [(2)](#a-2), that satisfies the minimum criteria established in relation to such submission under [section 7410(k)(1)(A) of this title](/usc/42/7410.md?p=k-1-A), or
- (B) disapproves in whole or in part a submission described under [subparagraph (A)](#a-3-A), or
- (4) finds that any requirement of an approved plan (or approved part of a plan) is not being implemented,
unless such deficiency has been corrected within 18 months after the finding, disapproval, or determination referred to in paragraphs [(1)](#a-1), [(2)](#a-2), [(3)](#a-3), and [(4)](#a-4), one of the sanctions referred to in [subsection (b)](#b) shall apply, as selected by the [Administrator](/usc/42/7602.md?p=a), until the [Administrator](/usc/42/7602.md?p=a) determines that the [State](/usc/42/7602.md?p=d) has come into compliance, except that if the [Administrator](/usc/42/7602.md?p=a) finds a lack of good faith, sanctions under both [paragraph (1)](#a-1) and [paragraph (2)](#b-2) of subsection (b) shall apply until the [Administrator](/usc/42/7602.md?p=a) determines that the [State](/usc/42/7602.md?p=d) has come into compliance. If the [Administrator](/usc/42/7602.md?p=a) has selected one of such sanctions and the deficiency has not been corrected within 6 months thereafter, sanctions under both [paragraph (1)](#a-1) and [paragraph (2)](#b-2) of subsection (b) shall apply until the [Administrator](/usc/42/7602.md?p=a) determines that the [State](/usc/42/7602.md?p=d) has come into compliance. In addition to any other sanction applicable as provided in this section, the [Administrator](/usc/42/7602.md?p=a) may withhold all or part of the grants for support of air pollution planning and control [programs](/usc/42/274l–1.md?p=4) that the [Administrator](/usc/42/7602.md?p=a) may award under [section 7405 of this title](/usc/42/7405.md).
- (b) **Sanctions—** The sanctions available to the [Administrator](/usc/42/7602.md?p=a) as provided in [subsection (a)](#a) are as follows:
- (1) **Highway sanctions—**
- (A) The [Administrator](/usc/42/7602.md?p=a) may impose a prohibition, applicable to a [nonattainment area](/usc/42/7501.md?p=2), on the approval by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation of any [projects](/usc/42/11360.md?p=20) or the awarding by the [Secretary](/usc/42/242q–4.md?p=2) of any grants, under [title 23](/usc/23.md) other than [projects](/usc/42/11360.md?p=20) or grants for safety where the [Secretary](/usc/42/242q–4.md?p=2) determines, based on accident or other appropriate data submitted by the [State](/usc/42/7602.md?p=d), that the principal purpose of the [project](/usc/42/11360.md?p=20) is an improvement in safety to resolve a demonstrated safety problem and likely will result in a significant reduction in, or avoidance of, accidents. Such prohibition shall become effective upon the selection by the [Administrator](/usc/42/7602.md?p=a) of this sanction.
- (B) In addition to safety, [projects](/usc/42/11360.md?p=20) or grants that may be approved by the [Secretary](/usc/42/242q–4.md?p=2), notwithstanding the prohibition in [subparagraph (A)](#b-1-A), are the following—
- (i) capital [programs](/usc/42/274l–1.md?p=4) for public transit;
- (ii) [construction](/usc/42/7479.md?p=2-C) or restriction of certain roads or lanes solely for the use of passenger buses or high occupancy vehicles;
- (iii) planning for requirements for employers to reduce [employee](/usc/42/1320a–7h.md?p=e-7) work-trip-related vehicle emissions;
- (iv) highway ramp metering, traffic signalization, and related [programs](/usc/42/274l–1.md?p=4) that improve traffic flow and achieve a net emission reduction;
- (v) fringe and transportation corridor parking [facilities](/usc/42/11049.md?p=4) serving multiple occupancy vehicle [programs](/usc/42/274l–1.md?p=4) or transit operations;
- (vi) [programs](/usc/42/274l–1.md?p=4) to limit or restrict vehicle use in downtown areas or other areas of emission concentration particularly during periods of peak use, through road use charges, tolls, parking surcharges, or other pricing mechanisms, vehicle restricted zones or periods, or vehicle registration [programs](/usc/42/274l–1.md?p=4);
- (vii) [programs](/usc/42/274l–1.md?p=4) for breakdown and accident scene management, nonrecurring congestion, and vehicle information systems, to reduce congestion and emissions; and
- (viii) such other transportation-related [programs](/usc/42/274l–1.md?p=4) as the [Administrator](/usc/42/7602.md?p=a), in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, finds would improve air quality and would not encourage [single](/usc/42/2304.md?p=m) occupancy vehicle capacity.
In considering such measures, the [State](/usc/42/7602.md?p=d) should seek to ensure adequate access to downtown, other commercial, and residential areas, and avoid increasing or relocating emissions and congestion rather than reducing them.
- (2) **Offsets—** In applying the emissions offset requirements of [section 7503 of this title](/usc/42/7503.md) to new or [modified](/usc/42/7501.md?p=4) sources or emissions [units](/usc/42/1395w–114b.md?p=g-2) for which a permit is required under this part, the ratio of emission reductions to increased emissions shall be at least 2 to 1.
- (c) **Notice of failure to attain—**
- (1) As expeditiously as practicable after the applicable attainment date for any [nonattainment area](/usc/42/7501.md?p=2), but not later than 6 months after such date, the [Administrator](/usc/42/7602.md?p=a) shall determine, based on the area’s air quality as of the attainment date, whether the area attained the [standard](/usc/42/1320d.md?p=7) by that date.
- (2) Upon making the determination under [paragraph (1)](#c-1), the [Administrator](/usc/42/7602.md?p=a) shall publish a notice in the Federal Register containing such determination and identifying each area that the [Administrator](/usc/42/7602.md?p=a) has determined to have failed to attain. The [Administrator](/usc/42/7602.md?p=a) may revise or supplement such determination at any time based on more complete information or analysis concerning the area’s air quality as of the attainment date.
- (d) **Consequences for failure to attain—**
- (1) Within 1 year after the [Administrator](/usc/42/7602.md?p=a) publishes the notice under [subsection (c)(2)](#c-2) (relating to notice of failure to attain), each [State](/usc/42/7602.md?p=d) containing a [nonattainment area](/usc/42/7501.md?p=2) shall submit a revision to the [applicable implementation plan](/usc/42/7602.md?p=q) meeting the requirements of paragraph (2) of this subsection.
- (2) The revision required under [paragraph (1)](#d-1) shall meet the requirements of [section 7410 of this title](/usc/42/7410.md) and [section 7502 of this title](/usc/42/7502.md). In addition, the revision shall include such additional measures as the [Administrator](/usc/42/7602.md?p=a) may reasonably prescribe, including all measures that can be feasibly implemented in the area in light of technological achievability, costs, and any nonair quality and other air quality-related health and environmental impacts.
- (3) The attainment date applicable to the revision required under [paragraph (1)](#d-1) shall be the same as provided in the provisions of [section 7502(a)(2) of this title](/usc/42/7502.md?p=a-2), except that in applying such provisions the phrase “from the date of the notice under [section 7509(c)(2) of this title](#c-2)” shall be substituted for the phrase “from the date such area was designated nonattainment under [section 7407(d) of this title](/usc/42/7407.md?p=d)” and for the phrase “from the date of designation as nonattainment”.
# §7509a. International border areas
- (a) **Implementation plans and revisions—** Notwithstanding any other provision of law, an implementation plan or plan revision required under this chapter shall be approved by the [Administrator](/usc/42/7602.md?p=a) if—
- (1) such plan or revision meets all the requirements applicable to it under the[^1] chapter other than a requirement that such plan or revision demonstrate attainment and maintenance of the relevant national ambient air quality [standards](/usc/42/1320d.md?p=7) by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, and
- (2) the submitting [State](/usc/42/7602.md?p=d) establishes to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the implementation plan of such [State](/usc/42/7602.md?p=d) would be adequate to attain and maintain the relevant national ambient air quality [standards](/usc/42/1320d.md?p=7) by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, but for emissions emanating from outside of the [United States](/usc/42/403.md?p=k).
- (b) **Attainment of ozone levels—** Notwithstanding any other provision of law, any [State](/usc/42/7602.md?p=d) that establishes to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that, with respect to an ozone [nonattainment area](/usc/42/7501.md?p=2) in such [State](/usc/42/7602.md?p=d), such [State](/usc/42/7602.md?p=d) would have attained the national ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone by the applicable attainment date, but for emissions emanating from outside of the [United States](/usc/42/403.md?p=k), shall not be subject to the provisions of section [7511(a)(2)](/usc/42/7511.md?p=a-2) or [(5)](/usc/42/7511.md?p=a-5) of this title or [section 7511d of this title](/usc/42/7511d.md).
- (c) **Attainment of carbon monoxide levels—** Notwithstanding any other provision of law, any [State](/usc/42/7602.md?p=d) that establishes to the satisfaction of the [Administrator](/usc/42/7602.md?p=a), with respect to a carbon monoxide [nonattainment area](/usc/42/7501.md?p=2) in such [State](/usc/42/7602.md?p=d), that such [State](/usc/42/7602.md?p=d) has attained the national ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide by the applicable attainment date, but for emissions emanating from outside of the [United States](/usc/42/403.md?p=k), shall not be subject to the provisions of section [7512(b)(2)](/usc/42/7512.md?p=b-2) or [(9)](/usc/42/7512.md)[^2] of this title.
- (d) **Attainment of PM–10 levels—** Notwithstanding any other provision of law, any [State](/usc/42/7602.md?p=d) that establishes to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that, with respect to a [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2) in such [State](/usc/42/7602.md?p=d), such [State](/usc/42/7602.md?p=d) would have attained the national ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide by the applicable attainment date, but for emissions emanating from outside the [United States](/usc/42/403.md?p=k), shall not be subject to the provisions of [section 7513(b)(2) of this title](/usc/42/7513.md?p=b-2).
# §7511. Classifications and attainment dates
- (a) **Classification and attainment dates for 1989 nonattainment areas—**
- (1) Each area designated nonattainment for ozone pursuant to [section 7407(d) of this title](/usc/42/7407.md?p=d) shall be classified at the time of such designation, under table 1, by operation of law, as a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area based on the design value for the area. The design value shall be calculated according to the interpretation methodology issued by the [Administrator](/usc/42/7602.md?p=a) most recently before November 15, 1990. For each area classified under this subsection, the [primary standard attainment date](/usc/42/7602.md?p=n) for ozone shall be as expeditiously as practicable but not later than the date provided in table 1.
| TABLE 1 | | |
| --- | --- | --- |
| Area class | Design value* | Primary [standard](/usc/42/1320d.md?p=7)
attainment date** |
| Marginal | 0.121 up to 0.138 | 3 years after November 15, 1990 |
| Moderate | 0.138 up to 0.160 | 6 years after November 15, 1990 |
| Serious | 0.160 up to 0.180 | 9 years after November 15, 1990 |
| Severe | 0.180 up to 0.280 | 15 years after November 15, 1990 |
| Extreme | 0.280 and above | 20 years after November 15, 1990 |
| *The design value is measured in parts per million (ppm). | | |
| **The [primary standard attainment date](/usc/42/7602.md?p=n) is measured from November 15, 1990. | | |
- (2) Notwithstanding table 1, in the case of a severe area with a 1988 ozone design value between 0.190 and 0.280 ppm, the attainment date shall be 17 years (in lieu of 15 years) after November 15, 1990.
- (3) At the time of publication of the notice under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4) (relating to area designations) for each ozone [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) shall publish a notice announcing the classification of such ozone [nonattainment area](/usc/42/7501.md?p=2). The provisions of [section 7502(a)(1)(B) of this title](/usc/42/7502.md?p=a-1-B) (relating to lack of notice and comment and judicial review) shall apply to such classification.
- (4) If an area classified under [paragraph (1)](#a-1) (Table 1) would have been classified in another [category](/usc/42/1395w–4.md?p=j-1) if the design value in the area were 5 percent greater or 5 percent less than the level on which such classification was based, the [Administrator](/usc/42/7602.md?p=a) may, in the [Administrator](/usc/42/7602.md?p=a)’s discretion, within 90 days after the initial classification, by the procedure required under [paragraph (3)](#a-3), adjust the classification to place the area in such other [category](/usc/42/1395w–4.md?p=j-1). In making such adjustment, the [Administrator](/usc/42/7602.md?p=a) may consider the number of exceedances of the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone in the area, the level of pollution transport between the area and other affected areas, including both intrastate and interstate transport, and the mix of sources and [air pollutants](/usc/42/7602.md?p=g) in the area.
- (5) Upon application by any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) may extend for 1 additional year (hereinafter referred to as the “Extension Year”) the date specified in table 1 of paragraph (1) of this subsection if—
- (A) the [State](/usc/42/7602.md?p=d) has complied with all requirements and commitments pertaining to the area in the [applicable implementation plan](/usc/42/7602.md?p=q), and
- (B) no more than 1 exceedance of the national ambient air quality [standard](/usc/42/1320d.md?p=7) level for ozone has occurred in the area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this paragraph for a [single](/usc/42/2304.md?p=m) [nonattainment area](/usc/42/7501.md?p=2).
- (b) **New designations and reclassifications—**
- (1) **New designations to nonattainment—** Any area that is designated attainment or unclassifiable for ozone under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), and that is subsequently redesignated to nonattainment for ozone under [section 7407(d)(3) of this title](/usc/42/7407.md?p=d-3), shall, at the time of the redesignation, be classified by operation of law in accordance with table 1 under [subsection (a)](#a). Upon its classification, the area shall be subject to the same requirements under [section 7410 of this title](/usc/42/7410.md), subpart 1 of this part, and this subpart that would have applied had the area been so classified at the time of the notice under [subsection (a)(3)](#a-3), except that any absolute, fixed date applicable in connection with any such requirement is extended by operation of law by a period equal to the length of time between November 15, 1990, and the date the area is classified under this paragraph.
- (2) **Reclassification upon failure to attain—**
- (A) Within 6 months following the applicable attainment date (including any extension thereof) for an ozone [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) shall determine, based on the area’s design value (as of the attainment date), whether the area attained the [standard](/usc/42/1320d.md?p=7) by that date. Except for any Severe or Extreme area, any area that the [Administrator](/usc/42/7602.md?p=a) finds has not attained the [standard](/usc/42/1320d.md?p=7) by that date shall be reclassified by operation of law in accordance with table 1 of [subsection (a)](#a) to the higher of—
- (i) the next higher classification for the area, or
- (ii) the classification applicable to the area’s design value as determined at the time of the notice required under [subparagraph (B)](#b-B).
No area shall be reclassified as Extreme under clause (ii).
- (B) The [Administrator](/usc/42/7602.md?p=a) shall publish a notice in the Federal Register, no later than 6 months following the attainment date, identifying each area that the [Administrator](/usc/42/7602.md?p=a) has determined under subparagraph (A) as having failed to attain and identifying the reclassification, if any, described under subparagraph (A).
- (3) **Voluntary reclassification—** The [Administrator](/usc/42/7602.md?p=a) shall grant the request of any [State](/usc/42/7602.md?p=d) to reclassify a [nonattainment area](/usc/42/7501.md?p=2) in that [State](/usc/42/7602.md?p=d) in accordance with table 1 of [subsection (a)](#a) to a higher classification. The [Administrator](/usc/42/7602.md?p=a) shall publish a notice in the Federal Register of any such request and of action by the [Administrator](/usc/42/7602.md?p=a) granting the request.
- (4) **Failure of Severe Areas to attain standard—**
- (A) If any Severe Area fails to achieve the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone by the applicable attainment date (including any extension thereof), the fee provisions under [section 7511d of this title](/usc/42/7511d.md) shall apply within the area, the percent reduction requirements of section [7511a(c)(2)(B)](/usc/42/7511a.md?p=c-2-B) and [(C)](/usc/42/7511a.md?p=c-2-C) of this title (relating to [reasonable further progress](/usc/42/7501.md?p=1) demonstration and NOx control) shall continue to apply to the area, and the [State](/usc/42/7602.md?p=d) shall demonstrate that such percent reduction has been achieved in each 3-year interval after such failure until the [standard](/usc/42/1320d.md?p=7) is attained. Any failure to make such a demonstration shall be subject to the sanctions provided under this part.
- (B) In addition to the requirements of [subparagraph (A)](#b-4-A), if the ozone design value for a Severe Area referred to in [subparagraph (A)](#b-4-A) is above 0.140 ppm for the year of the applicable attainment date, or if the area has failed to achieve its most recent milestone under [section 7511a(g) of this title](/usc/42/7511a.md?p=g), the new source review requirements applicable under this subpart in Extreme Areas shall apply in the area and the term[^1] “[major source](/usc/42/7511a.md?p=b-1-A-ii-I)” and “[major stationary source](/usc/42/7602.md?p=j)” shall have the same meaning as in Extreme Areas.
- (C) In addition to the requirements of [subparagraph (A)](#b-4-A) for those areas referred to in [subparagraph (A)](#b-4-A) and not covered by [subparagraph (B)](#b-4-B), the provisions referred to in [subparagraph (B)](#b-4-B) shall apply after 3 years from the applicable attainment date unless the area has attained the [standard](/usc/42/1320d.md?p=7) by the end of such 3-year period.
- (D) If, after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) modifies the method of determining compliance with the national primary ambient air quality [standard](/usc/42/1320d.md?p=7), a design value or other indicator comparable to 0.140 in terms of its relationship to the [standard](/usc/42/1320d.md?p=7) shall be used in lieu of 0.140 for purposes of applying the provisions of subparagraphs [(B)](#b-4-B) and [(C)](#b-4-C).
- (c) **References to terms—**
- (1) Any reference in this subpart to a “Marginal Area”, a “Moderate Area”, a “Serious Area”, a “Severe Area”, or an “Extreme Area” shall be considered a reference to a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area as respectively classified under this section.
- (2) Any reference in this subpart to “next higher classification” or comparable terms shall be considered a reference to the classification related to the next higher set of design values in table 1.
# §7511a. Plan submissions and requirements
- (a) **Marginal Areas—** Each [State](/usc/42/7602.md?p=d) in which all or part of a Marginal Area is located shall, with respect to the Marginal Area (or portion thereof, to the extent specified in this subsection), submit to the [Administrator](/usc/42/7602.md?p=a) the [State](/usc/42/7602.md?p=d) implementation plan revisions (including the plan items) described under this subsection except to the extent the [State](/usc/42/7602.md?p=d) has made such submissions as of November 15, 1990.
- (1) **Inventory—** Within 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a comprehensive, accurate, current [inventory](/usc/42/4370m.md?p=14) of actual emissions from all sources, as described in [section 7502(c)(3) of this title](/usc/42/7502.md?p=c-3), in accordance with guidance provided by the [Administrator](/usc/42/7602.md?p=a).
- (2) **Corrections to the State implementation plan—** Within the periods prescribed in this paragraph, the [State](/usc/42/7602.md?p=d) shall submit a revision to the [State](/usc/42/7602.md?p=d) implementation plan that meets the following requirements—
- (A) **Reasonably available control technology corrections—** For any Marginal Area (or, within the [Administrator](/usc/42/7602.md?p=a)’s discretion, portion thereof) the [State](/usc/42/7602.md?p=d) shall submit, within 6 months of the date of classification under [section 7511(a) of this title](/usc/42/7511.md?p=a), a revision that includes such provisions to correct requirements in (or add requirements to) the plan concerning reasonably available control technology as were required under [section 7502(b) of this title](/usc/42/7502.md?p=b) (as in effect immediately before November 15, 1990), as interpreted in guidance issued by the [Administrator](/usc/42/7602.md?p=a) under [section 7408 of this title](/usc/42/7408.md) before November 15, 1990.
- (B) **Savings clause for vehicle inspection and maintenance—**
- (i) For any Marginal Area (or, within the [Administrator](/usc/42/7602.md?p=a)’s discretion, portion thereof), the plan for which already includes, or was required by [section 7502(b)(11)(B) of this title](/usc/42/7502.md) (as in effect immediately before November 15, 1990) to have included, a specific schedule for implementation of a vehicle emission control [inspection](/usc/42/4851b.md?p=12) and maintenance [program](/usc/42/274l–1.md?p=4), the [State](/usc/42/7602.md?p=d) shall submit, immediately after November 15, 1990, a revision that includes any provisions necessary to provide for a vehicle [inspection](/usc/42/4851b.md?p=12) and maintenance [program](/usc/42/274l–1.md?p=4) of no less stringency than that of either the [program](/usc/42/274l–1.md?p=4) defined in House Report Numbered 95–294, 95th Congress, 1st Session, 281–291 (1977) as interpreted in guidance of the [Administrator](/usc/42/7602.md?p=a) issued pursuant to [section 7502(b)(11)(B) of this title](/usc/42/7502.md) (as in effect immediately before November 15, 1990) or the [program](/usc/42/274l–1.md?p=4) already included in the plan, whichever is more stringent.
- (ii) Within 12 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall review, revise, update, and republish in the Federal Register the guidance for the [States](/usc/42/7602.md?p=d) for [motor vehicle](/usc/42/13211.md?p=13) [inspection](/usc/42/4851b.md?p=12) and maintenance [programs](/usc/42/274l–1.md?p=4) required by this chapter, taking into consideration the [Administrator](/usc/42/7602.md?p=a)’s investigations and audits of such [program](/usc/42/274l–1.md?p=4). The guidance shall, at a minimum, cover the frequency of [inspections](/usc/42/4851b.md?p=12), the types of vehicles to be inspected (which shall include leased vehicles that are registered in the [nonattainment area](/usc/42/7501.md?p=2)), vehicle maintenance by [owners](/usc/42/13641.md?p=4) and operators, audits by the [State](/usc/42/7602.md?p=d), the test method and measures, including whether centralized or decentralized, [inspection](/usc/42/4851b.md?p=12) methods and procedures, quality of [inspection](/usc/42/4851b.md?p=12), components covered, assurance that a vehicle subject to a recall notice from a [manufacturer](/usc/42/300aa–33.md?p=3) has complied with that notice, and effective implementation and enforcement, including ensuring that any retesting of a vehicle after a failure shall include proof of corrective action and providing for denial of vehicle registration in the case of tampering or misfueling. The guidance which shall be incorporated in the applicable [State](/usc/42/7602.md?p=d) implementation plans by the [States](/usc/42/7602.md?p=d) shall provide the [States](/usc/42/7602.md?p=d) with continued reasonable flexibility to fashion effective, reasonable, and fair [programs](/usc/42/274l–1.md?p=4) for the affected consumer. No later than 2 years after the [Administrator](/usc/42/7602.md?p=a) promulgates regulations under [section 7521(m)(3) of this title](/usc/42/7521.md?p=m-3) (relating to emission control diagnostics), the [State](/usc/42/7602.md?p=d) shall submit a revision to such [program](/usc/42/274l–1.md?p=4) to meet any requirements that the [Administrator](/usc/42/7602.md?p=a) may prescribe under that section.
- (C) **Permit programs—** Within 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision that includes each of the following:
- (i) Provisions to require permits, in accordance with sections [7502(c)(5)](/usc/42/7502.md?p=c-5) and [7503](/usc/42/7503.md) of this title, for the [construction](/usc/42/7479.md?p=2-C) and operation of each new or [modified](/usc/42/7501.md?p=4) [major stationary source](/usc/42/7602.md?p=j) (with respect to ozone) to be located in the area.
- (ii) Provisions to correct requirements in (or add requirements to) the plan concerning permit [programs](/usc/42/274l–1.md?p=4) as were required under [section 7502(b)(6) of this title](/usc/42/7502.md) (as in effect immediately before November 15, 1990), as interpreted in regulations of the [Administrator](/usc/42/7602.md?p=a) promulgated as of November 15, 1990.
- (3) **Periodic inventory—**
- (A) **General requirement—** No later than the end of each 3-year period after submission of the [inventory](/usc/42/4370m.md?p=14) under [paragraph (1)](#a-1) until the area is redesignated to attainment, the [State](/usc/42/7602.md?p=d) shall submit a revised [inventory](/usc/42/4370m.md?p=14) meeting the requirements of [subsection (a)(1)](#a-1).
- (B) **Emissions statements—**
- (i) Within 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision to the [State](/usc/42/7602.md?p=d) implementation plan to require that the [owner or operator](/usc/42/9601.md?p=20-B) of each [stationary source](/usc/42/7411.md?p=a-3) of oxides of nitrogen or volatile organic compounds provide the [State](/usc/42/7602.md?p=d) with a statement, in such form as the [Administrator](/usc/42/7602.md?p=a) may prescribe (or accept an equivalent alternative developed by the [State](/usc/42/7602.md?p=d)), for classes or [categories](/usc/42/1395w–4.md?p=j-1) of sources, showing the actual emissions of oxides of nitrogen and volatile organic compounds from that source. The first such statement shall be submitted within 3 years after November 15, 1990. Subsequent statements shall be submitted at least every year thereafter. The statement shall contain a certification that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement.
- (ii) The [State](/usc/42/7602.md?p=d) may waive the application of [clause (i)](#a-3-B-i) to any class or [category](/usc/42/1395w–4.md?p=j-1) of [stationary sources](/usc/42/7411.md?p=a-3) which emit less than 25 tons per year of volatile organic compounds or oxides of nitrogen if the [State](/usc/42/7602.md?p=d), in its submissions under subparagraphs[^1] (1) or (3)(A), provides an [inventory](/usc/42/4370m.md?p=14) of emissions from such class or [category](/usc/42/1395w–4.md?p=j-1) of sources, based on the use of the emission factors established by the [Administrator](/usc/42/7602.md?p=a) or other methods acceptable to the [Administrator](/usc/42/7602.md?p=a).
- (4) **General offset requirement—** For purposes of satisfying the emission offset requirements of this part, the ratio of total emission reductions of volatile organic compounds to total increased emissions of such [air pollutant](/usc/42/7602.md?p=g) shall be at least 1.1 to 1.
The [Administrator](/usc/42/7602.md?p=a) may, in the [Administrator](/usc/42/7602.md?p=a)’s discretion, require [States](/usc/42/7602.md?p=d) to submit a schedule for submitting any of the revisions or other items required under this subsection. The requirements of this subsection shall apply in lieu of any requirement that the [State](/usc/42/7602.md?p=d) submit a demonstration that the [applicable implementation plan](/usc/42/7602.md?p=q) provides for attainment of the ozone [standard](/usc/42/1320d.md?p=7) by the applicable attainment date in any Marginal Area. [Section 7502(c)(9) of this title](/usc/42/7502.md?p=c-9) (relating to contingency measures) shall not apply to Marginal Areas.
- (b) **Moderate Areas—** Each [State](/usc/42/7602.md?p=d) in which all or part of a Moderate Area is located shall, with respect to the Moderate Area, make the submissions described under [subsection (a)](#a) of this section (relating to Marginal Areas), and shall also submit the revisions to the [applicable implementation plan](/usc/42/7602.md?p=q) described under this subsection.
- (1) **Plan provisions for reasonable further progress—**
- (A) **General rule—**
- (i) By no later than 3 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision to the [applicable implementation plan](/usc/42/7602.md?p=q) to provide for volatile organic compound emission reductions, within 6 years after November 15, 1990, of at least 15 percent from [baseline emissions](#b-1-B), accounting for any growth in emissions after 1990. Such plan shall provide for such specific annual reductions in emissions of volatile organic compounds and oxides of nitrogen as necessary to attain the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone by the attainment date applicable under this chapter. This subparagraph shall not apply in the case of oxides of nitrogen for those areas for which the [Administrator](/usc/42/7602.md?p=a) determines (when the [Administrator](/usc/42/7602.md?p=a) approves the plan or plan revision) that additional reductions of oxides of nitrogen would not contribute to attainment.
- (ii) A percentage less than 15 percent may be used for purposes of [clause (i)](#b-1-A-i) in the case of any [State](/usc/42/7602.md?p=d) which demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that—
- (I) new source review provisions are applicable in the [nonattainment areas](/usc/42/7501.md?p=2) in the same manner and to the same extent as required under [subsection (e)](#e) in the case of Extreme Areas (with the exception that, in applying such provisions, the terms “major source” and “[major stationary source](/usc/42/7602.md?p=j)” shall include (in addition to the sources described in [section 7602 of this title](/usc/42/7602.md)) any [stationary source](/usc/42/7411.md?p=a-3) or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 5 tons per year of volatile organic compounds);
- (II) reasonably available control technology is required for all existing [major sources](#b-1-A-ii-I) (as defined in [subclause (I)](#b-1-A-ii-I)); and
- (III) the plan reflecting a lesser percentage than 15 percent includes all measures that can feasibly be implemented in the area, in light of technological achievability.
To qualify for a lesser percentage under this clause, a [State](/usc/42/7602.md?p=d) must demonstrate to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the plan for the area includes the measures that are achieved in practice by sources in the same source [category](/usc/42/1395w–4.md?p=j-1) in [nonattainment areas](/usc/42/7501.md?p=2) of the next higher [category](/usc/42/1395w–4.md?p=j-1).
- (B) **Baseline emissions—** For purposes of [subparagraph (A)](#b-1-A), the term “baseline emissions” means the total amount of actual [VOC](/usc/42/7602.md?p=s) or NOx emissions from all anthropogenic sources in the area during the calendar year 1990, excluding emissions that would be eliminated under the regulations described in clauses [(i)](#b-1-D-i) and [(ii)](#b-1-D-ii) of subparagraph (D).
- (C) **General rule for creditability of reductions—** Except as provided under [subparagraph (D)](#b-1-D), [emissions reductions](/usc/42/17114.md?p=a-3) are creditable toward the 15 percent required under [subparagraph (A)](#b-1-A) to the extent they have actually occurred, as of 6 years after November 15, 1990, from the implementation of measures required under the [applicable implementation plan](/usc/42/7602.md?p=q), rules promulgated by the [Administrator](/usc/42/7602.md?p=a), or a permit under subchapter V.
- (D) **Limits on creditability of reductions—** Emission reductions from the following measures are not creditable toward the 15 percent reductions required under [subparagraph (A)](#b-1-A):
- (i) Any measure relating to [motor vehicle](/usc/42/13211.md?p=13) exhaust or evaporative emissions promulgated by the [Administrator](/usc/42/7602.md?p=a) by January 1, 1990.
- (ii) Regulations concerning Reid Vapor Pressure promulgated by the [Administrator](/usc/42/7602.md?p=a) by November 15, 1990, or required to be promulgated under [section 7545(h) of this title](/usc/42/7545.md?p=h).
- (iii) Measures required under [subsection (a)(2)(A)](#a-2-A) (concerning corrections to implementation plans prescribed under guidance by the [Administrator](/usc/42/7602.md?p=a)).
- (iv) Measures required under [subsection (a)(2)(B)](#a-2-B) to be submitted immediately after November 15, 1990 (concerning corrections to [motor vehicle](/usc/42/13211.md?p=13) [inspection](/usc/42/4851b.md?p=12) and maintenance [programs](/usc/42/274l–1.md?p=4)).
- (2) **Reasonably available control technology—** The [State](/usc/42/7602.md?p=d) shall submit a revision to the [applicable implementation plan](/usc/42/7602.md?p=q) to include provisions to require the implementation of reasonably available control technology under [section 7502(c)(1) of this title](/usc/42/7502.md?p=c-1) with respect to each of the following:
- (A) Each [category](/usc/42/1395w–4.md?p=j-1) of [VOC](/usc/42/7602.md?p=s) sources in the area covered by a [CTG](/usc/42/7602.md?p=u) document issued by the [Administrator](/usc/42/7602.md?p=a) between November 15, 1990, and the date of attainment.
- (B) All [VOC](/usc/42/7602.md?p=s) sources in the area covered by any [CTG](/usc/42/7602.md?p=u) issued before November 15, 1990.
- (C) All other [major stationary sources](/usc/42/7602.md?p=j) of [VOCs](/usc/42/7602.md?p=s) that are located in the area.
Each revision described in [subparagraph (A)](#b-2-A) shall be submitted within the period set forth by the [Administrator](/usc/42/7602.md?p=a) in issuing the relevant [CTG](/usc/42/7602.md?p=u) document. The revisions with respect to sources described in subparagraphs [(B)](#b-2-B) and [(C)](#b-2-C) shall be submitted by 2 years after November 15, 1990, and shall provide for the implementation of the required measures as expeditiously as practicable but no later than May 31, 1995.
- (3) **Gasoline vapor recovery—**
- (A) **General rule—** Not later than 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision to the [applicable implementation plan](/usc/42/7602.md?p=q) to require all [owners](/usc/42/13641.md?p=4) or operators of gasoline dispensing systems to install and operate, by the date prescribed under [subparagraph (B)](#b-3-B), a system for gasoline vapor recovery of emissions from the fueling of [motor vehicles](/usc/42/13211.md?p=13). The [Administrator](/usc/42/7602.md?p=a) shall issue guidance as appropriate as to the effectiveness of such system. This subparagraph shall apply only to [facilities](/usc/42/11049.md?p=4) which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of an independent small business marketer of gasoline as defined in [section 7625–1](/usc/42/7625–1.md)[^2] of this title).
- (B) **Effective date—** The date required under [subparagraph (A)](#b-3-A) shall be—
- (i) 6 months after the [adoption date](#b-3-C), in the case of gasoline dispensing [facilities](/usc/42/11049.md?p=4) for which [construction](/usc/42/7479.md?p=2-C) commenced after November 15, 1990;
- (ii) one year after the [adoption date](#b-3-C), in the case of gasoline dispensing [facilities](/usc/42/11049.md?p=4) which dispense at least 100,000 gallons of gasoline per month, based on average monthly sales for the 2-year period before the [adoption date](#b-3-C); or
- (iii) 2 years after the [adoption date](#b-3-C), in the case of all other gasoline dispensing [facilities](/usc/42/11049.md?p=4).
Any gasoline dispensing [facility](/usc/42/11049.md?p=4) described under both [clause (i)](#b-3-B-i) and [clause (ii)](#b-3-B-ii) shall meet the requirements of [clause (i)](#b-3-B-i).
- (C) **Reference to terms—** For purposes of this paragraph, any reference to the term “adoption date” shall be considered a reference to the date of adoption by the [State](/usc/42/7602.md?p=d) of requirements for the installation and operation of a system for gasoline vapor recovery of emissions from the fueling of [motor vehicles](/usc/42/13211.md?p=13).
- (4) **Motor vehicle inspection and maintenance—** For all Moderate Areas, the [State](/usc/42/7602.md?p=d) shall submit, immediately after November 15, 1990, a revision to the [applicable implementation plan](/usc/42/7602.md?p=q) that includes provisions necessary to provide for a vehicle [inspection](/usc/42/4851b.md?p=12) and maintenance [program](/usc/42/274l–1.md?p=4) as described in [subsection (a)(2)(B)](#a-2-B) (without regard to whether or not the area was required by [section 7502(b)(11)(B) of this title](/usc/42/7502.md) (as in effect immediately before November 15, 1990) to have included a specific schedule for implementation of such a [program](/usc/42/274l–1.md?p=4)).
- (5) **General offset requirement—** For purposes of satisfying the emission offset requirements of this part, the ratio of total emission reductions of volatile organic compounds to total increase[^3] emissions of such [air pollutant](/usc/42/7602.md?p=g) shall be at least 1.15 to 1.
- (c) **Serious Areas—** Except as otherwise specified in [paragraph (4)](#c-4), each [State](/usc/42/7602.md?p=d) in which all or part of a Serious Area is located shall, with respect to the Serious Area (or portion thereof, to the extent specified in this subsection), make the submissions described under [subsection (b)](#b) (relating to Moderate Areas), and shall also submit the revisions to the [applicable implementation plan](/usc/42/7602.md?p=q) (including the plan items) described under this subsection. For any Serious Area, the terms “major source” and “major stationary source” include (in addition to the sources described in [section 7602 of this title](/usc/42/7602.md)) any [stationary source](/usc/42/7411.md?p=a-3) or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 50 tons per year of volatile organic compounds.
- (1) **Enhanced monitoring—** In order to obtain more comprehensive and [representative](/usc/42/3058f.md?p=5) data on ozone air pollution, not later than 18 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall promulgate rules, after notice and public comment, for enhanced monitoring of ozone, oxides of nitrogen, and volatile organic compounds. The rules shall, among other things, cover the location and maintenance of monitors. Immediately following the promulgation of rules by the [Administrator](/usc/42/7602.md?p=a) relating to enhanced monitoring, the [State](/usc/42/7602.md?p=d) shall commence such actions as may be necessary to adopt and implement a [program](/usc/42/274l–1.md?p=4) based on such rules, to improve monitoring for ambient concentrations of ozone, oxides of nitrogen and volatile organic compounds and to improve monitoring of emissions of oxides of nitrogen and volatile organic compounds. Each [State](/usc/42/7602.md?p=d) implementation plan for the area shall contain measures to improve the ambient monitoring of such [air pollutants](/usc/42/7602.md?p=g).
- (2) **Attainment and reasonable further progress demonstrations—** Within 4 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision to the [applicable implementation plan](/usc/42/7602.md?p=q) that includes each of the following:
- (A) **Attainment demonstration—** A demonstration that the plan, as revised, will provide for attainment of the ozone national ambient air quality [standard](/usc/42/1320d.md?p=7) by the applicable attainment date. This attainment demonstration must be based on photochemical grid modeling or any other analytical method determined by the [Administrator](/usc/42/7602.md?p=a), in the [Administrator](/usc/42/7602.md?p=a)’s discretion, to be at least as effective.
- (B) **Reasonable further progress demonstration—** A demonstration that the plan, as revised, will result in [VOC](/usc/42/7602.md?p=s) [emissions reductions](/usc/42/17114.md?p=a-3) from the baseline emissions described in [subsection (b)(1)(B)](#b-1-B) equal to the following amount averaged over each consecutive 3-year period beginning 6 years after November 15, 1990, until the attainment date:
- (i) at least 3 percent of baseline emissions each year; or
- (ii) an amount less than 3 percent of such baseline emissions each year, if the [State](/usc/42/7602.md?p=d) demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the plan reflecting such lesser amount includes all measures that can feasibly be implemented in the area, in light of technological achievability.
To lessen the 3 percent requirement under [clause (ii)](#c-2-B-ii), a [State](/usc/42/7602.md?p=d) must demonstrate to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the plan for the area includes the measures that are achieved in practice by sources in the same source [category](/usc/42/1395w–4.md?p=j-1) in [nonattainment areas](/usc/42/7501.md?p=2) of the next higher classification. Any determination to lessen the 3 percent requirement shall be reviewed at each milestone under [subsection (g)](#g) and revised to reflect such new measures (if any) achieved in practice by sources in the same [category](/usc/42/1395w–4.md?p=j-1) in any [State](/usc/42/7602.md?p=d), allowing a reasonable time to implement such measures. The emission reductions described in this subparagraph shall be calculated in accordance with subsection [(b)(1)(C)](#b-1-C) and [(D)](#b-1-D) (concerning creditability of reductions). The reductions creditable for the period beginning 6 years after November 15, 1990, shall include reductions that occurred before such period, computed in accordance with [subsection (b)(1)](#b-1), that exceed the 15-percent amount of reductions required under [subsection (b)(1)(A)](#b-1-A).
- (C) **NOx control—** The revision may contain, in lieu of the demonstration required under [subparagraph (B)](#c-2-B), a demonstration to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the [applicable implementation plan](/usc/42/7602.md?p=q), as revised, provides for reductions of emissions of [VOC](/usc/42/7602.md?p=s)’s and oxides of nitrogen (calculated according to the creditability provisions of subsection [(b)(1)(C)](#b-1-C) and [(D)](#b-1-D)), that would result in a reduction in ozone concentrations at least equivalent to that which would result from the amount of [VOC](/usc/42/7602.md?p=s) emission reductions required under [subparagraph (B)](#c-2-B). Within 1 year after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue guidance concerning the conditions under which NOx control may be substituted for [VOC](/usc/42/7602.md?p=s) control or may be combined with [VOC](/usc/42/7602.md?p=s) control in order to maximize the reduction in ozone air pollution. In accord with such guidance, a lesser percentage of [VOCs](/usc/42/7602.md?p=s) may be accepted as an adequate demonstration for purposes of this subsection.
- (3) **Enhanced vehicle inspection and maintenance program—**
- (A) **Requirement for submission—** Within 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision to the [applicable implementation plan](/usc/42/7602.md?p=q) to provide for an enhanced [program](/usc/42/274l–1.md?p=4) to reduce hydrocarbon emissions and NOx emissions from in-use [motor vehicles](/usc/42/13211.md?p=13) registered in each urbanized area (in the [nonattainment area](/usc/42/7501.md?p=2)), as defined by the Bureau of the Census, with a 1980 population of 200,000 or more.
- (B) **Effective date of State programs; guidance—** The [State](/usc/42/7602.md?p=d) [program](/usc/42/274l–1.md?p=4) required under [subparagraph (A)](#c-3-A) shall take effect no later than 2 years from November 15, 1990, and shall comply in all respects with guidance published in the Federal Register (and from time to time revised) by the [Administrator](/usc/42/7602.md?p=a) for enhanced vehicle [inspection](/usc/42/4851b.md?p=12) and maintenance [programs](/usc/42/274l–1.md?p=4). Such guidance shall include—
- (i) a performance [standard](/usc/42/1320d.md?p=7) achievable by a [program](/usc/42/274l–1.md?p=4) combining emission testing, including on-road emission testing, with [inspection](/usc/42/4851b.md?p=12) to detect tampering with emission control devices and misfueling for all light-duty vehicles and all light-duty trucks subject to [standards](/usc/42/1320d.md?p=7) under [section 7521 of this title](/usc/42/7521.md); and
- (ii) [program](/usc/42/274l–1.md?p=4) administration features necessary to reasonably assure that adequate management resources, tools, and [practices](/usc/42/17061.md?p=19) are in place to attain and maintain the performance [standard](/usc/42/1320d.md?p=7).
Compliance with the performance [standard](/usc/42/1320d.md?p=7) under [clause (i)](#c-3-B-i) shall be determined using a method to be established by the [Administrator](/usc/42/7602.md?p=a).
- (C) **State program—** The [State](/usc/42/7602.md?p=d) [program](/usc/42/274l–1.md?p=4) required under [subparagraph (A)](#c-3-A) shall include, at a minimum, each of the following elements—
- (i) Computerized emission analyzers, including on-road testing devices.
- (ii) No waivers for vehicles and parts covered by the emission control performance warranty as provided for in [section 7541(b) of this title](/usc/42/7541.md?p=b) unless a warranty remedy has been denied in writing, or for tampering-related repairs.
- (iii) In view of the air quality purpose of the [program](/usc/42/274l–1.md?p=4), if, for any vehicle, waivers are permitted for emissions-related repairs not covered by warranty, an expenditure to qualify for the waiver of an amount of $450 or more for such repairs (adjusted annually as determined by the [Administrator](/usc/42/7602.md?p=a) on the basis of the Consumer Price Index in the same manner as provided in subchapter V).
- (iv) Enforcement through denial of vehicle registration (except for any [program](/usc/42/274l–1.md?p=4) in operation before November 15, 1990, whose enforcement mechanism is demonstrated to the [Administrator](/usc/42/7602.md?p=a) to be more effective than the applicable vehicle registration [program](/usc/42/274l–1.md?p=4) in assuring that noncomplying vehicles are not operated on public roads).
- (v) Annual emission testing and necessary adjustment, repair, and maintenance, unless the [State](/usc/42/7602.md?p=d) demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that a biennial [inspection](/usc/42/4851b.md?p=12), in combination with other features of the [program](/usc/42/274l–1.md?p=4) which exceed the requirements of this chapter, will result in emission reductions which equal or exceed the reductions which can be obtained through such annual [inspections](/usc/42/4851b.md?p=12).
- (vi) Operation of the [program](/usc/42/274l–1.md?p=4) on a centralized basis, unless the [State](/usc/42/7602.md?p=d) demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that a decentralized [program](/usc/42/274l–1.md?p=4) will be equally effective. An electronically connected testing system, a licensing system, or other measures (or any combination thereof) may be considered, in accordance with criteria established by the [Administrator](/usc/42/7602.md?p=a), as equally effective for such purposes.
- (vii) [Inspection](/usc/42/4851b.md?p=12) of emission control diagnostic systems and the maintenance or repair of malfunctions or system deterioration identified by or affecting such diagnostics systems.
Each [State](/usc/42/7602.md?p=d) shall biennially prepare a report to the [Administrator](/usc/42/7602.md?p=a) which assesses the emission reductions achieved by the [program](/usc/42/274l–1.md?p=4) required under this paragraph based on data collected during [inspection](/usc/42/4851b.md?p=12) and repair of vehicles. The methods used to assess the emission reductions shall be those established by the [Administrator](/usc/42/7602.md?p=a).
- (4) **Clean-fuel vehicle programs—**
- (A) Except to the extent that substitute provisions have been approved by the [Administrator](/usc/42/7602.md?p=a) under [subparagraph (B)](#c-4-B), the [State](/usc/42/7602.md?p=d) shall submit to the [Administrator](/usc/42/7602.md?p=a), within 42 months of November 15, 1990, a revision to the [applicable implementation plan](/usc/42/7602.md?p=q) for each area described under part C of subchapter II to include such measures as may be necessary to ensure the effectiveness of the applicable provisions of the clean-fuel vehicle [program](/usc/42/274l–1.md?p=4) prescribed under part C of subchapter II, including all measures necessary to make the use of clean alternative fuels in clean-fuel vehicles (as defined in part C of subchapter II) economic from the standpoint of vehicle [owners](/usc/42/13641.md?p=4). Such a revision shall also be submitted for each area that opts into the clean fuel-vehicle [program](/usc/42/274l–1.md?p=4) as provided in part C of subchapter II.
- (B) The [Administrator](/usc/42/7602.md?p=a) shall approve, as a substitute for all or a portion of the clean-fuel vehicle [program](/usc/42/274l–1.md?p=4) prescribed under part C of subchapter II, any revision to the relevant [applicable implementation plan](/usc/42/7602.md?p=q) that in the [Administrator](/usc/42/7602.md?p=a)’s judgment will achieve long-term reductions in ozone-producing and toxic air emissions equal to those achieved under part C of subchapter II, or the percentage thereof attributable to the portion of the clean-fuel vehicle [program](/usc/42/274l–1.md?p=4) for which the revision is to substitute. The [Administrator](/usc/42/7602.md?p=a) may approve such revision only if it consists exclusively of provisions other than those required under this chapter for the area. Any [State](/usc/42/7602.md?p=d) seeking approval of such revision must submit the revision to the [Administrator](/usc/42/7602.md?p=a) within 24 months of November 15, 1990. The [Administrator](/usc/42/7602.md?p=a) shall approve or disapprove any such revision within 30 months of November 15, 1990. The [Administrator](/usc/42/7602.md?p=a) shall publish the revision submitted by a [State](/usc/42/7602.md?p=d) in the Federal Register upon receipt. Such notice shall constitute a notice of proposed rulemaking on whether or not to approve such revision and shall be deemed to comply with the requirements concerning notices of proposed rulemaking contained in [sections 553 through 557](/usc/5/553..557.md) of title 5 (related to notice and comment). Where the [Administrator](/usc/42/7602.md?p=a) approves such revision for any area, the [State](/usc/42/7602.md?p=d) need not submit the revision required by [subparagraph (A)](#c-4-A) for the area with respect to the portions of the Federal clean-fuel vehicle [program](/usc/42/274l–1.md?p=4) for which the [Administrator](/usc/42/7602.md?p=a) has approved the revision as a substitute.
- (C) If the [Administrator](/usc/42/7602.md?p=a) determines, under [section 7509 of this title](/usc/42/7509.md), that the [State](/usc/42/7602.md?p=d) has failed to submit any portion of the [program](/usc/42/274l–1.md?p=4) required under [subparagraph (A)](#c-4-A), then, in addition to any sanctions available under [section 7509 of this title](/usc/42/7509.md), the [State](/usc/42/7602.md?p=d) may not receive credit, in any demonstration of attainment or [reasonable further progress](/usc/42/7501.md?p=1) for the area, for any emission reductions from implementation of the corresponding aspects of the Federal clean-fuel vehicle requirements established in part C of subchapter II.
- (5) **Transportation control—**
- (A) [^4] Beginning 6 years after November 15, 1990, and each third year thereafter, the [State](/usc/42/7602.md?p=d) shall submit a demonstration as to whether current aggregate vehicle mileage, aggregate vehicle emissions, congestion levels, and other relevant parameters are consistent with those used for the area’s demonstration of attainment. Where such parameters and emissions levels exceed the levels projected for purposes of the area’s attainment demonstration, the [State](/usc/42/7602.md?p=d) shall within 18 months develop and submit a revision of the [applicable implementation plan](/usc/42/7602.md?p=q) that includes a transportation control measures [program](/usc/42/274l–1.md?p=4) consisting of measures from, but not limited to, [section 7408(f) of this title](/usc/42/7408.md?p=f) that will reduce emissions to levels that are consistent with emission levels projected in such demonstration. In considering such measures, the [State](/usc/42/7602.md?p=d) should ensure adequate access to downtown, other commercial, and residential areas and should avoid measures that increase or relocate emissions and congestion rather than reduce them. Such revision shall be developed in accordance with guidance issued by the [Administrator](/usc/42/7602.md?p=a) pursuant to [section 7408(e) of this title](/usc/42/7408.md?p=e) and with the requirements of [section 7504(b) of this title](/usc/42/7504.md?p=b) and shall include implementation and funding schedules that achieve expeditious [emissions reductions](/usc/42/17114.md?p=a-3) in accordance with implementation plan projections.
- (6) **De minimis rule—** The new source review provisions under this part shall ensure that increased emissions of volatile organic compounds resulting from any physical change in, or change in the method of operation of, a [stationary source](/usc/42/7411.md?p=a-3) located in the area shall not be considered de minimis for purposes of determining the applicability of the permit requirements established by this chapter unless the increase in net emissions of such [air pollutant](/usc/42/7602.md?p=g) from such source does not exceed 25 tons when aggregated with all other net increases in emissions from the source over any period of 5 consecutive calendar years which includes the calendar year in which such increase occurred.
- (7) **Special rule for modifications of sources emitting less than 100 tons—** In the case of any [major stationary source](#c) of volatile organic compounds located in the area (other than a source which emits or has the potential to emit 100 tons or more of volatile organic compounds per year), whenever any change (as described in [section 7411(a)(4) of this title](/usc/42/7411.md?p=a-4)) at that source results in any increase (other than a de minimis increase) in emissions of volatile organic compounds from any discrete operation, [unit](/usc/42/1395w–114b.md?p=g-2), or other [pollutant](/usc/42/1397h.md?p=c-4) emitting activity at the source, such increase shall be considered a [modification](/usc/42/7501.md?p=4) for purposes of [section 7502(c)(5) of this title](/usc/42/7502.md?p=c-5) and [section 7503(a) of this title](/usc/42/7503.md?p=a), except that such increase shall not be considered a [modification](/usc/42/7501.md?p=4) for such purposes if the [owner or operator](/usc/42/9601.md?p=20-B) of the source elects to offset the increase by a greater reduction in emissions of volatile organic compounds concerned from other operations, [units](/usc/42/1395w–114b.md?p=g-2), or activities within the source at an internal offset ratio of at least 1.3 to 1. If the [owner or operator](/usc/42/9601.md?p=20-B) does not make such election, such change shall be considered a [modification](/usc/42/7501.md?p=4) for such purposes, but in applying [section 7503(a)(2) of this title](/usc/42/7503.md?p=a-2) in the case of any such [modification](/usc/42/7501.md?p=4), the best available control technology (BACT), as defined in [section 7479 of this title](/usc/42/7479.md), shall be substituted for the [lowest achievable emission rate](/usc/42/7501.md?p=3) (LAER). The [Administrator](/usc/42/7602.md?p=a) shall establish and publish policies and procedures for implementing the provisions of this paragraph.
- (8) **Special rule for modifications of sources emitting 100 tons or more—** In the case of any [major stationary source](#c) of volatile organic compounds located in the area which emits or has the potential to emit 100 tons or more of volatile organic compounds per year, whenever any change (as described in [section 7411(a)(4) of this title](/usc/42/7411.md?p=a-4)) at that source results in any increase (other than a de minimis increase) in emissions of volatile organic compounds from any discrete operation, [unit](/usc/42/1395w–114b.md?p=g-2), or other [pollutant](/usc/42/1397h.md?p=c-4) emitting activity at the source, such increase shall be considered a [modification](/usc/42/7501.md?p=4) for purposes of [section 7502(c)(5) of this title](/usc/42/7502.md?p=c-5) and [section 7503(a) of this title](/usc/42/7503.md?p=a), except that if the [owner or operator](/usc/42/9601.md?p=20-B) of the source elects to offset the increase by a greater reduction in emissions of volatile organic compounds from other operations, [units](/usc/42/1395w–114b.md?p=g-2), or activities within the source at an internal offset ratio of at least 1.3 to 1, the requirements of [section 7503(a)(2) of this title](/usc/42/7503.md?p=a-2) (concerning the [lowest achievable emission rate](/usc/42/7501.md?p=3) (LAER)) shall not apply.
- (9) **Contingency provisions—** In addition to the contingency provisions required under [section 7502(c)(9) of this title](/usc/42/7502.md?p=c-9), the plan revision shall provide for the implementation of specific measures to be undertaken if the area fails to meet any applicable milestone. Such measures shall be included in the plan revision as contingency measures to take effect without further action by the [State](/usc/42/7602.md?p=d) or the [Administrator](/usc/42/7602.md?p=a) upon a failure by the [State](/usc/42/7602.md?p=d) to meet the applicable milestone.
- (10) **General offset requirement—** For purposes of satisfying the emission offset requirements of this part, the ratio of total emission reductions of volatile organic compounds to total increase emissions of such [air pollutant](/usc/42/7602.md?p=g) shall be at least 1.2 to 1.
Any reference to “attainment date” in [subsection (b)](#b), which is incorporated by reference into this subsection, shall refer to the attainment date for serious areas.
- (d) **Severe Areas—** Each [State](/usc/42/7602.md?p=d) in which all or part of a Severe Area is located shall, with respect to the Severe Area, make the submissions described under [subsection (c)](#c) (relating to Serious Areas), and shall also submit the revisions to the [applicable implementation plan](/usc/42/7602.md?p=q) (including the plan items) described under this subsection. For any Severe Area, the terms “major source” and “major stationary source” include (in addition to the sources described in [section 7602 of this title](/usc/42/7602.md)) any [stationary source](/usc/42/7411.md?p=a-3) or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 25 tons per year of volatile organic compounds.
- (1) **Vehicle miles traveled—**
- (A) Within 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision that identifies and adopts specific enforceable transportation control strategies and transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or numbers of vehicle trips in such area and to attain reduction in [motor vehicle](/usc/42/13211.md?p=13) emissions as necessary, in combination with other emission reduction requirements of this subpart, to comply with the requirements of subsection[^5] (b)(2)(B) and (c)(2)(B) (pertaining to periodic [emissions reduction](/usc/42/17114.md?p=a-3) requirements). The [State](/usc/42/7602.md?p=d) shall consider measures specified in [section 7408(f) of this title](/usc/42/7408.md?p=f), and choose from among and implement such measures as necessary to demonstrate attainment with the national ambient air quality [standards](/usc/42/1320d.md?p=7); in considering such measures, the [State](/usc/42/7602.md?p=d) should ensure adequate access to downtown, other commercial, and residential areas and should avoid measures that increase or relocate emissions and congestion rather than reduce them.
- (B) The [State](/usc/42/7602.md?p=d) may also, in its discretion, submit a revision at any time requiring employers in such area to implement [programs](/usc/42/274l–1.md?p=4) to reduce work-related vehicle trips and miles travelled by [employees](/usc/42/1320a–7h.md?p=e-7). Such revision shall be developed in accordance with guidance issued by the [Administrator](/usc/42/7602.md?p=a) pursuant to [section 7408(f) of this title](/usc/42/7408.md?p=f) and may require that employers in such area increase average passenger occupancy per vehicle in commuting trips between home and the workplace during peak travel periods. The guidance of the [Administrator](/usc/42/7602.md?p=a) may specify average vehicle occupancy rates which vary for locations within a [nonattainment area](/usc/42/7501.md?p=2) (suburban, center [city](/usc/42/12902.md?p=11), business district) or among [nonattainment areas](/usc/42/7501.md?p=2) reflecting existing occupancy rates and the availability of high occupancy modes. Any [State](/usc/42/7602.md?p=d) required to submit a revision under this subparagraph (as in effect before December 23, 1995) containing provisions requiring employers to reduce work-related vehicle trips and miles travelled by [employees](/usc/42/1320a–7h.md?p=e-7) may, in accordance with [State](/usc/42/7602.md?p=d) law, [remove](/usc/42/9601.md?p=23) such provisions from the implementation plan, or withdraw its submission, if the [State](/usc/42/7602.md?p=d) notifies the [Administrator](/usc/42/7602.md?p=a), in writing, that the [State](/usc/42/7602.md?p=d) has undertaken, or will undertake, one or more alternative methods that will achieve emission reductions equivalent to those to be achieved by the removed or withdrawn provisions.
- (2) **Offset requirement—** For purposes of satisfying the offset requirements pursuant to this part, the ratio of total emission reductions of [VOCs](/usc/42/7602.md?p=s) to total increased emissions of such [air pollutant](/usc/42/7602.md?p=g) shall be at least 1.3 to 1, except that if the [State](/usc/42/7602.md?p=d) plan requires all existing [major sources](#d) in the [nonattainment area](/usc/42/7501.md?p=2) to use best available control technology (as defined in [section 7479(3) of this title](/usc/42/7479.md?p=3)) for the control of volatile organic compounds, the ratio shall be at least 1.2 to 1.
- (3) **Enforcement under section 7511d—** By December 31, 2000, the [State](/usc/42/7602.md?p=d) shall submit a plan revision which includes the provisions required under [section 7511d of this title](/usc/42/7511d.md).
Any reference to the term “attainment date” in subsection [(b)](#b) or [(c)](#c), which is incorporated by reference into this [subsection (d)](#d), shall refer to the attainment date for Severe Areas.
- (e) **Extreme Areas—** Each [State](/usc/42/7602.md?p=d) in which all or part of an Extreme Area is located shall, with respect to the Extreme Area, make the submissions described under [subsection (d)](#d) (relating to Severe Areas), and shall also submit the revisions to the [applicable implementation plan](/usc/42/7602.md?p=q) (including the plan items) described under this subsection. The provisions of [clause (ii)](#c-2-B-ii) of subsection (c)(2)(B) (relating to reductions of less than 3 percent), the provisions of paragaphs[^6] (6), (7) and (8) of [subsection (c)](#c) (relating to de minimus[^7] rule and [modification](/usc/42/7501.md?p=4) of sources), and the provisions of [clause (ii)](#b-1-A-ii) of subsection (b)(1)(A) (relating to reductions of less than 15 percent) shall not apply in the case of an Extreme Area. For any Extreme Area, the terms “major source” and “major stationary source” includes[^8] (in addition to the sources described in [section 7602 of this title](/usc/42/7602.md)) any [stationary source](/usc/42/7411.md?p=a-3) or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 10 tons per year of volatile organic compounds.
- (1) **Offset requirement—** For purposes of satisfying the offset requirements pursuant to this part, the ratio of total emission reductions of [VOCs](/usc/42/7602.md?p=s) to total increased emissions of such [air pollutant](/usc/42/7602.md?p=g) shall be at least 1.5 to 1, except that if the [State](/usc/42/7602.md?p=d) plan requires all existing [major sources](#e) in the [nonattainment area](/usc/42/7501.md?p=2) to use best available control technology (as defined in [section 7479(3) of this title](/usc/42/7479.md?p=3)) for the control of volatile organic compounds, the ratio shall be at least 1.2 to 1.
- (2) **Modifications—** Any change (as described in [section 7411(a)(4) of this title](/usc/42/7411.md?p=a-4)) at a [major stationary source](#e) which results in any increase in emissions from any discrete operation, [unit](/usc/42/1395w–114b.md?p=g-2), or other [pollutant](/usc/42/1397h.md?p=c-4) emitting activity at the source shall be considered a [modification](/usc/42/7501.md?p=4) for purposes of [section 7502(c)(5) of this title](/usc/42/7502.md?p=c-5) and [section 7503(a) of this title](/usc/42/7503.md?p=a), except that for purposes of complying with the offset requirement pursuant to [section 7503(a)(1) of this title](/usc/42/7503.md?p=a-1), any such increase shall not be considered a [modification](/usc/42/7501.md?p=4) if the [owner or operator](/usc/42/9601.md?p=20-B) of the source elects to offset the increase by a greater reduction in emissions of the [air pollutant](/usc/42/7602.md?p=g) concerned from other discrete operations, [units](/usc/42/1395w–114b.md?p=g-2), or activities within the source at an internal offset ratio of at least 1.3 to 1. The offset requirements of this part shall not be applicable in Extreme Areas to a [modification](/usc/42/7501.md?p=4) of an existing source if such [modification](/usc/42/7501.md?p=4) consists of installation of equipment required to comply with the [applicable implementation plan](/usc/42/7602.md?p=q), permit, or this chapter.
- (3) **Use of clean fuels or advanced control technology—** For Extreme Areas, a plan revision shall be submitted within 3 years after November 15, 1990, to require, effective 8 years after November 15, 1990, that each new, [modified](/usc/42/7501.md?p=4), and existing electric utility and industrial and commercial boiler which emits more than 25 tons per year of oxides of nitrogen—
- (A) burn as its [primary fuel](#e-3) natural gas, methanol, or ethanol (or a comparably low polluting fuel), or
- (B) use advanced control technology (such as catalytic control technology or other comparably effective control methods) for reduction of emissions of oxides of nitrogen.
For purposes of this subsection, the term “primary fuel” means the fuel which is used 90 percent or more of the operating time. This paragraph shall not apply during any natural gas supply emergency (as defined in title III of the Natural Gas Policy Act of 1978 [[15 U.S.C. 3361](/usc/15/3361.md) et seq.]).
- (4) **Traffic control measures during heavy traffic hours—** For Extreme Areas, each implementation plan revision under this subsection may contain provisions establishing traffic control measures applicable during heavy traffic hours to reduce the use of high polluting vehicles or heavy-duty vehicles, notwithstanding any other provision of law.
- (5) **New technologies—** The [Administrator](/usc/42/7602.md?p=a) may, in accordance with [section 7410 of this title](/usc/42/7410.md), approve provisions of an implementation plan for an Extreme Area which anticipate development of new control techniques or improvement of existing control technologies, and an attainment demonstration based on such provisions, if the [State](/usc/42/7602.md?p=d) demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that—
- (A) such provisions are not necessary to achieve the incremental emission reductions required during the first 10 years after November 15, 1990; and
- (B) the [State](/usc/42/7602.md?p=d) has submitted enforceable commitments to develop and adopt contingency measures to be implemented as set forth herein if the anticipated technologies do not achieve planned reductions.
Such contingency measures shall be submitted to the [Administrator](/usc/42/7602.md?p=a) no later than 3 years before proposed implementation of the plan provisions and approved or disapproved by the [Administrator](/usc/42/7602.md?p=a) in accordance with [section 7410 of this title](/usc/42/7410.md). The contingency measures shall be adequate to produce emission reductions sufficient, in conjunction with other approved plan provisions, to achieve the periodic emission reductions required by subsection [(b)(1)](#b-1) or [(c)(2)](#c-2) and attainment by the applicable dates. If the [Administrator](/usc/42/7602.md?p=a) determines that an Extreme Area has failed to achieve an emission reduction requirement set forth in subsection [(b)(1)](#b-1) or [(c)(2)](#c-2), and that such failure is due in whole or part to an inability to fully implement provisions approved pursuant to this subsection, the [Administrator](/usc/42/7602.md?p=a) shall require the [State](/usc/42/7602.md?p=d) to implement the contingency measures to the extent necessary to assure compliance with subsections [(b)(1)](#b-1) and [(c)(2)](#c-2).
Any reference to the term “attainment date” in subsection [(b)](#b), [(c)](#c), or [(d)](#d) which is incorporated by reference into this subsection, shall refer to the attainment date for Extreme Areas.
- (f) **NOx requirements—**
- (1) The plan provisions required under this subpart for [major stationary sources](/usc/42/7602.md?p=j) of volatile organic compounds shall also apply to [major stationary sources](/usc/42/7602.md?p=j) (as defined in [section 7602 of this title](/usc/42/7602.md) and subsections [(c)](#c), [(d)](#d), and [(e)](#e) of this section) of oxides of nitrogen. This subsection shall not apply in the case of oxides of nitrogen for those sources for which the [Administrator](/usc/42/7602.md?p=a) determines (when the [Administrator](/usc/42/7602.md?p=a) approves a plan or plan revision) that net air quality benefits are greater in the absence of reductions of oxides of nitrogen from the sources concerned. This subsection shall also not apply in the case of oxides of nitrogen for—
- (A) [nonattainment areas](/usc/42/7501.md?p=2) not within an ozone transport region under [section 7511c of this title](/usc/42/7511c.md), if the [Administrator](/usc/42/7602.md?p=a) determines (when the [Administrator](/usc/42/7602.md?p=a) approves a plan or plan revision) that additional reductions of oxides of nitrogen would not contribute to attainment of the national ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone in the area, or
- (B) [nonattainment areas](/usc/42/7501.md?p=2) within such an ozone transport region if the [Administrator](/usc/42/7602.md?p=a) determines (when the [Administrator](/usc/42/7602.md?p=a) approves a plan or plan revision) that additional reductions of oxides of nitrogen would not produce net ozone air quality benefits in such region.
The [Administrator](/usc/42/7602.md?p=a) shall, in the [Administrator](/usc/42/7602.md?p=a)’s determinations, consider the study required under [section 7511f of this title](/usc/42/7511f.md).
- (2)
- (A) If the [Administrator](/usc/42/7602.md?p=a) determines that excess reductions in emissions of NOx would be achieved under [paragraph (1)](#f-1), the [Administrator](/usc/42/7602.md?p=a) may limit the application of [paragraph (1)](#f-1) to the extent necessary to avoid achieving such excess reductions.
- (B) For purposes of this paragraph, excess reductions in emissions of NOx are emission reductions for which the [Administrator](/usc/42/7602.md?p=a) determines that net air quality benefits are greater in the absence of such reductions. Alternatively, for purposes of this paragraph, excess reductions in emissions of NOx are, for—
- (i) [nonattainment areas](/usc/42/7501.md?p=2) not within an ozone transport region under [section 7511c of this title](/usc/42/7511c.md), emission reductions that the [Administrator](/usc/42/7602.md?p=a) determines would not contribute to attainment of the national ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone in the area, or
- (ii) [nonattainment areas](/usc/42/7501.md?p=2) within such ozone transport region, emission reductions that the [Administrator](/usc/42/7602.md?p=a) determines would not produce net ozone air quality benefits in such region.
- (3) At any time after the final report under [section 7511f of this title](/usc/42/7511f.md) is submitted to Congress, a [person](/usc/42/7602.md?p=e) may petition the [Administrator](/usc/42/7602.md?p=a) for a determination under paragraph [(1)](#f-1) or [(2)](#f-2) with respect to any [nonattainment area](/usc/42/7501.md?p=2) or any ozone transport region under [section 7511c of this title](/usc/42/7511c.md). The [Administrator](/usc/42/7602.md?p=a) shall grant or deny such petition within 6 months after its filing with the [Administrator](/usc/42/7602.md?p=a).
- (g) **Milestones—**
- (1) **Reductions in emissions—** 6 years after November 15, 1990, and at intervals of every 3 years thereafter, the [State](/usc/42/7602.md?p=d) shall determine whether each [nonattainment area](/usc/42/7501.md?p=2) (other than an area classified as Marginal or Moderate) has achieved a reduction in emissions during the preceding intervals equivalent to the total emission reductions required to be achieved by the end of such interval pursuant to [subsection (b)(1)](#b-1) and the corresponding requirements of subsections [(c)(2)(B)](#c-2-B) and [(C)](#c-2-C), [(d)](#d), and [(e)](#e). Such reduction shall be referred to in this section as an applicable milestone.
- (2) **Compliance demonstration—** For each [nonattainment area](/usc/42/7501.md?p=2) referred to in [paragraph (1)](#g-1), not later than 90 days after the date on which an applicable milestone occurs (not including an attainment date on which a milestone occurs in cases where the [standard](/usc/42/1320d.md?p=7) has been attained), each [State](/usc/42/7602.md?p=d) in which all or part of such area is located shall submit to the [Administrator](/usc/42/7602.md?p=a) a demonstration that the milestone has been met. A demonstration under this paragraph shall be submitted in such form and manner, and shall contain such information and analysis, as the [Administrator](/usc/42/7602.md?p=a) shall require, by rule. The [Administrator](/usc/42/7602.md?p=a) shall determine whether or not a [State](/usc/42/7602.md?p=d)’s demonstration is adequate within 90 days after the [Administrator](/usc/42/7602.md?p=a)’s receipt of a demonstration which contains the information and analysis required by the [Administrator](/usc/42/7602.md?p=a).
- (3) **Serious and Severe Areas; State election—** If a [State](/usc/42/7602.md?p=d) fails to submit a demonstration under [paragraph (2)](#g-2) for any Serious or Severe Area within the required period or if the [Administrator](/usc/42/7602.md?p=a) determines that the area has not met any applicable milestone, the [State](/usc/42/7602.md?p=d) shall elect, within 90 days after such failure or determination—
- (A) to have the area reclassified to the next higher classification,
- (B) to implement specific additional measures adequate, as determined by the [Administrator](/usc/42/7602.md?p=a), to meet the next milestone as provided in the applicable contingency plan, or
- (C) to adopt an economic incentive [program](/usc/42/274l–1.md?p=4) as described in [paragraph (4)](#g-4).
If the [State](/usc/42/7602.md?p=d) makes an election under [subparagraph (B)](#g-3-B), the [Administrator](/usc/42/7602.md?p=a) shall, within 90 days after the election, review such plan and shall, if the [Administrator](/usc/42/7602.md?p=a) finds the contingency plan inadequate, require further measures necessary to meet such milestone. Once the [State](/usc/42/7602.md?p=d) makes an election, it shall be deemed accepted by the [Administrator](/usc/42/7602.md?p=a) as meeting the election requirement. If the [State](/usc/42/7602.md?p=d) fails to make an election required under this paragraph within the required 90-day period or within 6 months thereafter, the area shall be reclassified to the next higher classification by operation of law at the expiration of such 6-month period. Within 12 months after the date required for the [State](/usc/42/7602.md?p=d) to make an election, the [State](/usc/42/7602.md?p=d) shall submit a revision of the [applicable implementation plan](/usc/42/7602.md?p=q) for the area that meets the requirements of this paragraph. The [Administrator](/usc/42/7602.md?p=a) shall review such plan revision and approve or disapprove the revision within 9 months after the date of its submission.
- (4) **Economic incentive program—**
- (A) An economic incentive [program](/usc/42/274l–1.md?p=4) under this paragraph shall be consistent with rules published by the [Administrator](/usc/42/7602.md?p=a) and sufficient, in combination with other elements of the [State](/usc/42/7602.md?p=d) plan, to achieve the next milestone. The [State](/usc/42/7602.md?p=d) [program](/usc/42/274l–1.md?p=4) may include a nondiscriminatory system, consistent with applicable law regarding interstate [commerce](/usc/42/6311.md?p=7), of [State](/usc/42/7602.md?p=d) established emissions fees or a system of marketable permits, or a system of [State](/usc/42/7602.md?p=d) fees on sale or [manufacture](/usc/42/300aa–33.md?p=3) of products the use of which contributes to ozone formation, or any combination of the foregoing or other similar measures. The [program](/usc/42/274l–1.md?p=4) may also include incentives and requirements to reduce vehicle emissions and vehicle miles traveled in the area, including any of the transportation control measures identified in [section 7408(f) of this title](/usc/42/7408.md?p=f).
- (B) Within 2 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall publish rules for the [programs](/usc/42/274l–1.md?p=4) to be adopted pursuant to [subparagraph (A)](#g-4-A). Such rules shall include model plan provisions which may be adopted for reducing emissions from permitted [stationary sources](/usc/42/7411.md?p=a-3), area sources, and mobile sources. The guidelines shall require that any revenues generated by the plan provisions adopted pursuant to [subparagraph (A)](#g-4-A) shall be used by the [State](/usc/42/7602.md?p=d) for any of the following:
- (i) Providing incentives for achieving emission reductions.
- (ii) Providing assistance for the development of innovative technologies for the control of ozone air pollution and for the development of lower-polluting solvents and surface coatings. Such assistance shall not provide for the payment of more than 75 percent of either the costs of any [project](/usc/42/11360.md?p=20) to develop such a technology or the costs of development of a lower-polluting solvent or surface coating.
- (iii) Funding the administrative costs of [State](/usc/42/7602.md?p=d) [programs](/usc/42/274l–1.md?p=4) under this chapter. Not more than 50 percent of such revenues may be used for purposes of this clause.
- (5) **Extreme Areas—** If a [State](/usc/42/7602.md?p=d) fails to submit a demonstration under [paragraph (2)](#g-2) for any Extreme Area within the required period, or if the [Administrator](/usc/42/7602.md?p=a) determines that the area has not met any applicable milestone, the [State](/usc/42/7602.md?p=d) shall, within 9 months after such failure or determination, submit a plan revision to implement an economic incentive [program](/usc/42/274l–1.md?p=4) which meets the requirements of [paragraph (4)](#g-4). The [Administrator](/usc/42/7602.md?p=a) shall review such plan revision and approve or disapprove the revision within 9 months after the date of its submission.
- (h) **Rural transport areas—**
- (1) Notwithstanding any other provision of [section 7511 of this title](/usc/42/7511.md) or this section, a [State](/usc/42/7602.md?p=d) containing an ozone [nonattainment area](/usc/42/7501.md?p=2) that does not include, and is not adjacent to, any part of a Metropolitan Statistical Area or, where one exists, a Consolidated Metropolitan Statistical Area (as defined by the [United States](/usc/42/403.md?p=k) Bureau of the Census), which area is treated by the [Administrator](/usc/42/7602.md?p=a), in the [Administrator](/usc/42/7602.md?p=a)’s discretion, as a rural transport area within the meaning of [paragraph (2)](#h-2), shall be treated by operation of law as satisfying the requirements of this section if it makes the submissions required under [subsection (a)](#a) of this section (relating to marginal areas).
- (2) The [Administrator](/usc/42/7602.md?p=a) may treat an ozone [nonattainment area](/usc/42/7501.md?p=2) as a rural transport area if the [Administrator](/usc/42/7602.md?p=a) finds that sources of [VOC](/usc/42/7602.md?p=s) (and, where the [Administrator](/usc/42/7602.md?p=a) determines relevant, NOx) emissions within the area do not make a significant contribution to the ozone concentrations measured in the area or in other areas.
- (i) **Reclassified areas—** Each [State](/usc/42/7602.md?p=d) containing an ozone [nonattainment area](/usc/42/7501.md?p=2) reclassified under [section 7511(b)(2) of this title](/usc/42/7511.md?p=b-2) shall meet such requirements of [subsections (b) through (d)](#b..d) of this section as may be applicable to the area as reclassified, according to the schedules prescribed in connection with such requirements, except that the [Administrator](/usc/42/7602.md?p=a) may adjust any applicable deadlines (other than attainment dates) to the extent such adjustment is necessary or appropriate to assure consistency among the required submissions.
- (j) **Multi-State ozone nonattainment areas—**
- (1) **Coordination among States—** Each [State](/usc/42/7602.md?p=d) in which there is located a portion of a [single](/usc/42/2304.md?p=m) ozone [nonattainment area](/usc/42/7501.md?p=2) which covers more than one [State](/usc/42/7602.md?p=d) (hereinafter in this section referred to as a “multi-[State](/usc/42/7602.md?p=d) ozone [nonattainment area](/usc/42/7501.md?p=2)”) shall—
- (A) take all reasonable steps to coordinate, substantively and procedurally, the revisions and implementation of [State](/usc/42/7602.md?p=d) implementation plans applicable to the [nonattainment area](/usc/42/7501.md?p=2) concerned; and
- (B) use photochemical grid modeling or any other analytical method determined by the [Administrator](/usc/42/7602.md?p=a), in his discretion, to be at least as effective.
The [Administrator](/usc/42/7602.md?p=a) may not approve any revision of a [State](/usc/42/7602.md?p=d) implementation plan submitted under this part for a [State](/usc/42/7602.md?p=d) in which part of a multi-[State](/usc/42/7602.md?p=d) ozone [nonattainment area](/usc/42/7501.md?p=2) is located if the plan revision for that [State](/usc/42/7602.md?p=d) fails to comply with the requirements of this subsection.
- (2) **Failure to demonstrate attainment—** If any [State](/usc/42/7602.md?p=d) in which there is located a portion of a multi-[State](/usc/42/7602.md?p=d) ozone [nonattainment area](/usc/42/7501.md?p=2) fails to provide a demonstration of attainment of the national ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone in that portion within the required period, the [State](/usc/42/7602.md?p=d) may petition the [Administrator](/usc/42/7602.md?p=a) to make a finding that the [State](/usc/42/7602.md?p=d) would have been able to make such demonstration but for the failure of one or more other [States](/usc/42/7602.md?p=d) in which other portions of the area are located to commit to the implementation of all measures required under this section (relating to plan submissions and requirements for ozone [nonattainment areas](/usc/42/7501.md?p=2)). If the [Administrator](/usc/42/7602.md?p=a) makes such finding, the provisions of [section 7509 of this title](/usc/42/7509.md) (relating to sanctions) shall not apply, by reason of the failure to make such demonstration, in the portion of the multi-[State](/usc/42/7602.md?p=d) ozone [nonattainment area](/usc/42/7501.md?p=2) within the [State](/usc/42/7602.md?p=d) submitting such petition.
# §7511b. Federal ozone measures
- (a) **Control techniques guidelines for VOC sources—** Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue control techniques guidelines, in accordance with [section 7408 of this title](/usc/42/7408.md), for 11 [categories](/usc/42/1395w–4.md?p=j-1) of [stationary sources](/usc/42/7411.md?p=a-3) of [VOC](/usc/42/7602.md?p=s) emissions for which such guidelines have not been issued as of November 15, 1990, not including the [categories](/usc/42/1395w–4.md?p=j-1) referred to in paragraphs [(3)](#b-3) and [(4)](#b-4) of subsection (b) of this section. The [Administrator](/usc/42/7602.md?p=a) may issue such additional control techniques guidelines as the [Administrator](/usc/42/7602.md?p=a) deems necessary.
- (b) **Existing and new CTGS—**
- (1) Within 36 months after November 15, 1990, and periodically thereafter, the [Administrator](/usc/42/7602.md?p=a) shall review and, if necessary, update control technique guidance issued under [section 7408 of this title](/usc/42/7408.md) before November 15, 1990.
- (2) In issuing the guidelines the [Administrator](/usc/42/7602.md?p=a) shall give priority to those [categories](/usc/42/1395w–4.md?p=j-1) which the [Administrator](/usc/42/7602.md?p=a) considers to make the most significant contribution to the formation of ozone air pollution in ozone [nonattainment areas](/usc/42/7501.md?p=2), including hazardous waste [treatment](/usc/42/11851.md?p=11), storage, and [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4) which are permitted under subtitle C of the [Solid Waste](/usc/42/7546.md?p=a-1) Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.]. Thereafter the [Administrator](/usc/42/7602.md?p=a) shall periodically review and, if necessary, revise such guidelines.
- (3) Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue control techniques guidelines in accordance with [section 7408 of this title](/usc/42/7408.md) to reduce the aggregate emissions of volatile organic compounds into the ambient air from aerospace coatings and solvents. Such control techniques guidelines shall, at a minimum, be adequate to reduce aggregate emissions of volatile organic compounds into the ambient air from the application of such coatings and solvents to such level as the [Administrator](/usc/42/7602.md?p=a) determines may be achieved through the adoption of best available control measures. Such control technology guidance shall provide for such reductions in such increments and on such schedules as the [Administrator](/usc/42/7602.md?p=a) determines to be reasonable, but in no event later than 10 years after the final issuance of such control technology guidance. In developing control technology guidance under this subsection, the [Administrator](/usc/42/7602.md?p=a) shall consult with the [Secretary](/usc/42/242q–4.md?p=2) of Defense, the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, and the [Administrator](/usc/42/7602.md?p=a) of the National Aeronautics and Space Administration with regard to the establishment of specifications for such coatings. In evaluating [VOC](/usc/42/7602.md?p=s) reduction strategies, the guidance shall take into account the applicable requirements of [section 7412 of this title](/usc/42/7412.md) and the need to protect stratospheric ozone.
- (4) Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue control techniques guidelines in accordance with [section 7408 of this title](/usc/42/7408.md) to reduce the aggregate emissions of volatile organic compounds and [PM–10](/usc/42/7602.md?p=t) into the ambient air from paints, coatings, and solvents used in shipbuilding operations and ship repair. Such control techniques guidelines shall, at a minimum, be adequate to reduce aggregate emissions of volatile organic compounds and [PM–10](/usc/42/7602.md?p=t) into the ambient air from the [removal](/usc/42/9601.md?p=23) or application of such paints, coatings, and solvents to such level as the [Administrator](/usc/42/7602.md?p=a) determines may be achieved through the adoption of the best available control measures. Such control techniques guidelines shall provide for such reductions in such increments and on such schedules as the [Administrator](/usc/42/7602.md?p=a) determines to be reasonable, but in no event later than 10 years after the final issuance of such control technology guidance. In developing control techniques guidelines under this subsection, the [Administrator](/usc/42/7602.md?p=a) shall consult with the appropriate Federal agencies.
- (c) **Alternative control techniques—** Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue technical documents which identify alternative controls for all [categories](/usc/42/1395w–4.md?p=j-1) of [stationary sources](/usc/42/7411.md?p=a-3) of volatile organic compounds and oxides of nitrogen which emit, or have the potential to emit 25 tons per year or more of such [air pollutant](/usc/42/7602.md?p=g). The [Administrator](/usc/42/7602.md?p=a) shall revise and update such documents as the [Administrator](/usc/42/7602.md?p=a) determines necessary.
- (d) **Guidance for evaluating cost-effectiveness—** Within 1 year after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall provide guidance to the [States](/usc/42/7602.md?p=d) to be used in evaluating the relative cost-effectiveness of various options for the control of emissions from existing [stationary sources](/usc/42/7411.md?p=a-3) of [air pollutants](/usc/42/7602.md?p=g) which contribute to nonattainment of the national ambient air quality [standards](/usc/42/1320d.md?p=7) for ozone.
- (e) **Control of emissions from certain sources—**
- (1) **Definitions—** For purposes of this subsection—
- (A) **Best available controls—** The term “best available controls” means the degree of [emissions reduction](/usc/42/17114.md?p=a-3) that the [Administrator](/usc/42/7602.md?p=a) determines, on the basis of technological and economic feasibility, health, environmental, and [energy](/usc/42/6311.md?p=7) impacts, is achievable through the application of the most effective equipment, measures, processes, methods, systems or techniques, including chemical reformulation, product or feedstock substitution, repackaging, and directions for use, consumption, storage, or [disposal](/usc/42/2021b.md?p=7).
- (B) **Consumer or commercial product—** The term “consumer or commercial product” means any substance, product (including paints, coatings, and solvents), or article (including any container or packaging) held by any [person](/usc/42/7602.md?p=e), the use, consumption, storage, [disposal](/usc/42/2021b.md?p=7), destruction, or decomposition of which may result in the [release](/usc/42/9601.md?p=22) of volatile organic compounds. The term does not include fuels or fuel additives regulated under [section 7545 of this title](/usc/42/7545.md), or [motor vehicles](/usc/42/13211.md?p=13), non-road vehicles, and non-road engines as defined under [section 7550 of this title](/usc/42/7550.md).
- (C) **Regulated entities—** The term “regulated entities” means—
- (i) [manufacturers](/usc/42/300aa–33.md?p=3), processors, wholesale distributors, or importers of [consumer or commercial products](#e-1-B) for sale or distribution in interstate [commerce](/usc/42/6311.md?p=7) in the [United States](/usc/42/403.md?p=k); or
- (ii) [manufacturers](/usc/42/300aa–33.md?p=3), processors, wholesale distributors, or importers that supply the entities listed under [clause (i)](#e-1-C-i) with such products for sale or distribution in interstate [commerce](/usc/42/6311.md?p=7) in the [United States](/usc/42/403.md?p=k).
- (2) **Study and report—**
- (A) **Study—** The [Administrator](/usc/42/7602.md?p=a) shall conduct a study of the emissions of volatile organic compounds into the ambient air from consumer and commercial products (or any combination thereof) in order to—
- (i) determine their potential to contribute to ozone levels which violate the national ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone; and
- (ii) establish criteria for regulating consumer and commercial products or classes or [categories](/usc/42/1395w–4.md?p=j-1) thereof which shall be subject to control under this subsection.
The study shall be completed and a report submitted to Congress not later than 3 years after November 15, 1990.
- (B) **Consideration of certain factors—** In establishing the criteria under [subparagraph (A)(ii)](#e-2-A-ii), the [Administrator](/usc/42/7602.md?p=a) shall take into consideration each of the following:
- (i) The uses, benefits, and commercial demand of consumer and commercial products.
- (ii) The health or safety functions (if any) served by such consumer and commercial products.
- (iii) Those consumer and commercial products which emit highly reactive volatile organic compounds into the ambient air.
- (iv) Those consumer and commercial products which are subject to the most [cost-effective](/usc/42/1396e.md?p=e-2) controls.
- (v) The availability of alternatives (if any) to such consumer and commercial products which are of comparable costs, considering health, safety, and environmental impacts.
- (3) **Regulations to require emission reductions—**
- (A) **In general—** Upon submission of the final report under [paragraph (2)](#e-2), the [Administrator](/usc/42/7602.md?p=a) shall list those [categories](/usc/42/1395w–4.md?p=j-1) of [consumer or commercial products](#e-1-B) that the [Administrator](/usc/42/7602.md?p=a) determines, based on the study, account for at least 80 percent of the [VOC](/usc/42/7602.md?p=s) emissions, on a reactivity-adjusted basis, from [consumer or commercial products](#e-1-B) in areas that violate the [NAAQS](/usc/42/7602.md?p=u) for ozone. Credit toward the 80 percent emissions calculation shall be given for emission reductions from [consumer or commercial products](#e-1-B) made after November 15, 1990. At such time, the [Administrator](/usc/42/7602.md?p=a) shall divide the list into 4 groups establishing priorities for regulation based on the criteria established in [paragraph (2)](#e-2). Every 2 years after promulgating such list, the [Administrator](/usc/42/7602.md?p=a) shall regulate one group of [categories](/usc/42/1395w–4.md?p=j-1) until all 4 groups are regulated. The regulations shall require [best available controls](#e-1-A) as defined in this section. Such regulations may exempt health use products for which the [Administrator](/usc/42/7602.md?p=a) determines there is no suitable substitute. In order to carry out this section, the [Administrator](/usc/42/7602.md?p=a) may, by regulation, control or prohibit any activity, including the [manufacture](/usc/42/300aa–33.md?p=3) or introduction into [commerce](/usc/42/6311.md?p=7), offering for sale, or sale of any [consumer or commercial product](#e-1-B) which results in emission of volatile organic compounds into the ambient air.
- (B) **Regulated entities—** Regulations under this subsection may be imposed only with respect to [regulated entities](#e-1-C).
- (C) **Use of CTGS—** For any [consumer or commercial product](#e-1-B) the [Administrator](/usc/42/7602.md?p=a) may issue control techniques guidelines under this chapter in lieu of regulations required under [subparagraph (A)](#e-3-A) if the [Administrator](/usc/42/7602.md?p=a) determines that such guidance will be substantially as effective as regulations in reducing emissions of volatile organic compounds which contribute to ozone levels in areas which violate the national ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone.
- (4) **Systems of regulation—** The regulations under this subsection may include any system or systems of regulation as the [Administrator](/usc/42/7602.md?p=a) may deem appropriate, including requirements for registration and labeling, self-monitoring and reporting, prohibitions, limitations, or economic incentives (including marketable permits and auctions of emissions rights) concerning the [manufacture](/usc/42/300aa–33.md?p=3), processing, distribution, use, consumption, or [disposal](/usc/42/2021b.md?p=7) of the product.
- (5) **Special fund—** Any amounts collected by the [Administrator](/usc/42/7602.md?p=a) under such regulations shall be deposited in a special [fund](/usc/42/12854.md?p=3) in the [United States](/usc/42/403.md?p=k) Treasury for licensing and other services, which thereafter shall be available until expended, subject to annual appropriation Acts, solely to carry out the activities of the [Administrator](/usc/42/7602.md?p=a) for which such fees, charges, or collections are established or made.
- (6) **Enforcement—** Any regulation established under this subsection shall be treated, for purposes of enforcement of this chapter, as a [standard](/usc/42/1320d.md?p=7) under [section 7411 of this title](/usc/42/7411.md) and any [violation](/usc/42/2000e–16a.md?p=c) of such regulation shall be treated as a [violation](/usc/42/2000e–16a.md?p=c) of a requirement of [section 7411(e) of this title](/usc/42/7411.md?p=e).
- (7) **State administration—** Each [State](/usc/42/7602.md?p=d) may develop and submit to the [Administrator](/usc/42/7602.md?p=a) a procedure under [State](/usc/42/7602.md?p=d) law for implementing and enforcing regulations promulgated under this subsection. If the [Administrator](/usc/42/7602.md?p=a) finds the [State](/usc/42/7602.md?p=d) procedure is adequate, the [Administrator](/usc/42/7602.md?p=a) shall approve such procedure. Nothing in this paragraph shall prohibit the [Administrator](/usc/42/7602.md?p=a) from enforcing any applicable regulations under this subsection.
- (8) **Size, etc.** No regulations regarding the size, shape, or labeling of a product may be promulgated, unless the [Administrator](/usc/42/7602.md?p=a) determines such regulations to be useful in meeting any national ambient air quality [standard](/usc/42/1320d.md?p=7).
- (9) **State consultation—** Any [State](/usc/42/7602.md?p=d) which proposes regulations other than those adopted under this subsection shall consult with the [Administrator](/usc/42/7602.md?p=a) regarding whether any other [State](/usc/42/7602.md?p=d) or local subdivision has promulgated or is promulgating regulations on any products covered under this part. The [Administrator](/usc/42/7602.md?p=a) shall establish a clearinghouse of information, studies, and regulations proposed and promulgated regarding products covered under this subsection and disseminate such information collected as requested by [State](/usc/42/7602.md?p=d) or local subdivisions.
- (f) **Tank vessel standards—**
- (1) **Schedule for standards—**
- (A) Within 2 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a), in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of the Department in which the Coast Guard is operating, shall promulgate [standards](/usc/42/1320d.md?p=7) applicable to the emission of [VOCs](/usc/42/7602.md?p=s) and any other [air pollutant](/usc/42/7602.md?p=g) from loading and unloading of tank vessels (as that term is defined in [section 2101 of title 46](/usc/46/2101.md)) which the [Administrator](/usc/42/7602.md?p=a) finds [causes](/usc/42/9908.md?p=c-2), or contributes to, air pollution that may be reasonably anticipated to endanger public health or welfare. Such [standards](/usc/42/1320d.md?p=7) shall require the application of reasonably available control technology, considering costs, any nonair-quality benefits, environmental impacts, [energy](/usc/42/6311.md?p=7) requirements and safety factors associated with alternative control techniques. To the extent practicable such [standards](/usc/42/1320d.md?p=7) shall apply to loading and unloading [facilities](/usc/42/11049.md?p=4) and not to tank vessels.
- (B) Any regulation prescribed under this subsection (and any revision thereof) shall take effect after such period as the [Administrator](/usc/42/7602.md?p=a) finds (after consultation with the [Secretary](/usc/42/242q–4.md?p=2) of the department[^1] in which the Coast Guard is operating) necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period, except that the effective date shall not be more than 2 years after promulgation of such regulations.
- (2) **Regulations on equipment safety—** Within 6 months after November 15, 1990, the [Secretary](/usc/42/242q–4.md?p=2) of the Department in which the Coast Guard is operating shall issue regulations to ensure the safety of the equipment and operations which are to control emissions from the loading and unloading of tank vessels, under [section 3703 of title 46](/usc/46/3703.md) and section 1225[^2] of [title 33](/usc/33.md). The [standards](/usc/42/1320d.md?p=7) promulgated by the [Administrator](/usc/42/7602.md?p=a) under [paragraph (1)](#f-1) and the regulations issued by a [State](/usc/42/7602.md?p=d) or political subdivision regarding emissions from the loading and unloading of tank vessels shall be consistent with the regulations regarding safety of the Department in which the Coast Guard is operating.
- (3) **Agency authority—**
- (A) The [Administrator](/usc/42/7602.md?p=a) shall ensure compliance with the tank vessel [emission standards](/usc/42/7602.md?p=k) prescribed under [paragraph (1)(A)](#f-1-A). The [Secretary](/usc/42/242q–4.md?p=2) of the Department in which the Coast Guard is operating shall also ensure compliance with the tank vessel [standards](/usc/42/1320d.md?p=7) prescribed under [paragraph (1)(A)](#f-1-A).
- (B) The [Secretary](/usc/42/242q–4.md?p=2) of the Department in which the Coast Guard is operating shall ensure compliance with the regulations issued under [paragraph (2)](#f-2).
- (4) **State or local standards—** After the [Administrator](/usc/42/7602.md?p=a) promulgates [standards](/usc/42/1320d.md?p=7) under this section, no [State](/usc/42/7602.md?p=d) or political subdivision thereof may adopt or attempt to enforce any [standard](/usc/42/1320d.md?p=7) respecting emissions from tank vessels subject to regulation under [paragraph (1)](#f-1) unless such [standard](/usc/42/1320d.md?p=7) is no less stringent than the [standards](/usc/42/1320d.md?p=7) promulgated under [paragraph (1)](#f-1).
- (5) **Enforcement—** Any [standard](/usc/42/1320d.md?p=7) established under [paragraph (1)(A)](#f-1-A) shall be treated, for purposes of enforcement of this chapter, as a [standard](/usc/42/1320d.md?p=7) under [section 7411 of this title](/usc/42/7411.md) and any [violation](/usc/42/2000e–16a.md?p=c) of such [standard](/usc/42/1320d.md?p=7) shall be treated as a [violation](/usc/42/2000e–16a.md?p=c) of a requirement of [section 7411(e) of this title](/usc/42/7411.md?p=e).
- (g) **Ozone design value study—** The [Administrator](/usc/42/7602.md?p=a) shall conduct a study of whether the methodology in use by the Environmental Protection Agency as of November 15, 1990, for establishing a design value for ozone provides a reasonable indicator of the ozone air quality of ozone [nonattainment areas](/usc/42/7501.md?p=2). The [Administrator](/usc/42/7602.md?p=a) shall obtain input from [States](/usc/42/7602.md?p=d), local subdivisions thereof, and others. The study shall be completed and a report submitted to Congress not later than 3 years after November 15, 1990. The results of the study shall be subject to peer and public review before submitting it to Congress.
- (h) **Vehicles entering ozone nonattainment areas—**
- (1) **Authority regarding ozone inspection and maintenance testing—**
- (A) **In general—** No noncommercial [motor vehicle](/usc/42/13211.md?p=13) registered in a foreign country and operated by a [United States](/usc/42/403.md?p=k) citizen or by an alien who is a permanent resident of the [United States](/usc/42/403.md?p=k), or who holds a visa for the purposes of employment or educational study in the [United States](/usc/42/403.md?p=k), may enter a [covered ozone nonattainment area](#h-5) from a foreign country bordering the [United States](/usc/42/403.md?p=k) and contiguous to the [nonattainment area](/usc/42/7501.md?p=2) more than twice in a [single](/usc/42/2304.md?p=m) calendar-month period, if [State](/usc/42/7602.md?p=d) law has requirements for the [inspection](/usc/42/4851b.md?p=12) and maintenance of such vehicles under the [applicable implementation plan](/usc/42/7602.md?p=q) in the [nonattainment area](/usc/42/7501.md?p=2).
- (B) **Applicability—** [Subparagraph (A)](#h-1-A) shall not apply if the operator presents documentation at the [United States](/usc/42/403.md?p=k) border entry point establishing that the vehicle has complied with such [inspection](/usc/42/4851b.md?p=12) and maintenance requirements as are in effect and are applicable to [motor vehicles](/usc/42/13211.md?p=13) of the same type and model year.
- (2) **Sanctions for violations—** The President may impose and collect from the operator of any [motor vehicle](/usc/42/13211.md?p=13) who violates, or attempts to violate, [paragraph (1)](#h-1) a civil penalty of not more than $200 for the second [violation](/usc/42/2000e–16a.md?p=c) or attempted [violation](/usc/42/2000e–16a.md?p=c) and $400 for the third and each subsequent [violation](/usc/42/2000e–16a.md?p=c) or attempted [violation](/usc/42/2000e–16a.md?p=c).
- (3) **State election—** The prohibition set forth in [paragraph (1)](#h-1) shall not apply in any [State](/usc/42/7602.md?p=d) that elects to be exempt from the prohibition. Such an election shall take effect upon the President’s receipt of written notice from the [Governor](/usc/42/6372.md?p=1) of the [State](/usc/42/7602.md?p=d) notifying the President of such election.
- (4) **Alternative approach—** The prohibition set forth in [paragraph (1)](#h-1) shall not apply in a [State](/usc/42/7602.md?p=d), and the President may implement an alternative approach, if—
- (A) the [Governor](/usc/42/6372.md?p=1) of the [State](/usc/42/7602.md?p=d) submits to the President a written description of an alternative approach to facilitate the compliance, by some or all foreign-registered [motor vehicles](/usc/42/13211.md?p=13), with the [motor vehicle](/usc/42/13211.md?p=13) [inspection](/usc/42/4851b.md?p=12) and maintenance requirements that are—
- (i) related to emissions of [air pollutants](/usc/42/7602.md?p=g);
- (ii) in effect under the [applicable implementation plan](/usc/42/7602.md?p=q) in the [covered ozone nonattainment area](#h-5); and
- (iii) applicable to [motor vehicles](/usc/42/13211.md?p=13) of the same types and model years as the foreign-registered [motor vehicles](/usc/42/13211.md?p=13); and
- (B) the President approves the alternative approach as facilitating compliance with the [motor vehicle](/usc/42/13211.md?p=13) [inspection](/usc/42/4851b.md?p=12) and maintenance requirements referred to in [subparagraph (A)](#h-4-A).
- (5) **Definition of covered ozone nonattainment area—** In this section, the term “covered ozone nonattainment area” means a Serious Area, as classified under [section 7511 of this title](/usc/42/7511.md) as of October 27, 1998.
# §7511c. Control of interstate ozone air pollution
- (a) **Ozone transport regions—** A [single](/usc/42/2304.md?p=m) transport region for ozone (within the meaning of [section 7506a(a) of this title](/usc/42/7506a.md?p=a)), comprised of the [States](/usc/42/7602.md?p=d) of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District of Columbia, is hereby established by operation of law. The provisions of section [7506a(a)(1)](/usc/42/7506a.md?p=a-1) and [(2)](/usc/42/7506a.md?p=a-2) of this title shall apply with respect to the transport region established under this section and any other transport region established for ozone, except to the extent inconsistent with the provisions of this section. The [Administrator](/usc/42/7602.md?p=a) shall convene the [commission](/usc/42/2000ff.md?p=1) required (under [section 7506a(b) of this title](/usc/42/7506a.md?p=b)) as a result of the establishment of such region within 6 months of November 15, 1990.
- (b) **Plan provisions for States in ozone transport regions—**
- (1) In accordance with [section 7410 of this title](/usc/42/7410.md), not later than 2 years after November 15, 1990 (or 9 months after the subsequent inclusion of a [State](/usc/42/7602.md?p=d) in a transport region established for ozone), each [State](/usc/42/7602.md?p=d) included within a transport region established for ozone shall submit a [State](/usc/42/7602.md?p=d) implementation plan or revision thereof to the [Administrator](/usc/42/7602.md?p=a) which requires the following—
- (A) that each area in such [State](/usc/42/7602.md?p=d) that is in an ozone transport region, and that is a metropolitan statistical area or part thereof with a population of 100,000 or more comply with the provisions of [section 7511a(c)(2)(A) of this title](/usc/42/7511a.md?p=c-2-A) (pertaining to enhanced vehicle [inspection](/usc/42/4851b.md?p=12) and maintenance [programs](/usc/42/274l–1.md?p=4)); and
- (B) implementation of reasonably available control technology with respect to all sources of volatile organic compounds in the [State](/usc/42/7602.md?p=d) covered by a control techniques guideline issued before or after November 15, 1990.
- (2) Within 3 years after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall complete a study identifying control measures capable of achieving emission reductions comparable to those achievable through vehicle refueling controls contained in [section 7511a(b)(3) of this title](/usc/42/7511a.md?p=b-3), and such measures or such vehicle refueling controls shall be implemented in accordance with the provisions of this section. Notwithstanding other deadlines in this section, the [applicable implementation plan](/usc/42/7602.md?p=q) shall be revised to reflect such measures within 1 year of completion of the study. For purposes of this section any [stationary source](/usc/42/7411.md?p=a-3) that emits or has the potential to emit at least 50 tons per year of volatile organic compounds shall be considered a [major stationary source](/usc/42/7602.md?p=j) and subject to the requirements which would be applicable to [major stationary sources](/usc/42/7602.md?p=j) if the area were classified as a Moderate [nonattainment area](/usc/42/7501.md?p=2).
- (c) **Additional control measures—**
- (1) **Recommendations—** Upon petition of any [State](/usc/42/7602.md?p=d) within a transport region established for ozone, and based on a majority vote of the [Governors](/usc/42/6372.md?p=1) on the [Commission](/usc/42/2000ff.md?p=1)[^1] (or their designees), the [Commission](/usc/42/2000ff.md?p=1)[^1] may, after notice and opportunity for public comment, develop recommendations for additional control measures to be applied within all or a part of such transport region if the [commission](/usc/42/2000ff.md?p=1) determines such measures are necessary to bring any area in such region into attainment by the dates provided by this subpart. The [commission](/usc/42/2000ff.md?p=1) shall transmit such recommendations to the [Administrator](/usc/42/7602.md?p=a).
- (2) **Notice and review—** Whenever the [Administrator](/usc/42/7602.md?p=a) receives recommendations prepared by a [commission](/usc/42/2000ff.md?p=1) pursuant to [paragraph (1)](#c-1) (the date of receipt of which shall hereinafter in this section be referred to as the “receipt date”), the [Administrator](/usc/42/7602.md?p=a) shall—
- (A) immediately publish in the Federal Register a notice stating that the recommendations are available and provide an opportunity for public hearing within 90 days beginning on the receipt date; and
- (B) commence a review of the recommendations to determine whether the control measures in the recommendations are necessary to bring any area in such region into attainment by the dates provided by this subpart and are otherwise consistent with this chapter.
- (3) **Consultation—** In undertaking the review required under [paragraph (2)(B)](#c-2-B), the [Administrator](/usc/42/7602.md?p=a) shall consult with members of the [commission](/usc/42/2000ff.md?p=1) of the affected [States](/usc/42/7602.md?p=d) and shall take into account the data, views, and comments received pursuant to [paragraph (2)(A)](#c-2-A).
- (4) **Approval and disapproval—** Within 9 months after the receipt date, the [Administrator](/usc/42/7602.md?p=a) shall (A) determine whether to approve, disapprove, or partially disapprove and partially approve the recommendations; (B) notify the [commission](/usc/42/2000ff.md?p=1) in writing of such approval, disapproval, or partial disapproval; and (C) publish such determination in the Federal Register. If the [Administrator](/usc/42/7602.md?p=a) disapproves or partially disapproves the recommendations, the [Administrator](/usc/42/7602.md?p=a) shall specify—
- (i) why any disapproved additional control measures are not necessary to bring any area in such region into attainment by the dates provided by this subpart or are otherwise not consistent with the[^2] chapter; and
- (ii) recommendations concerning equal or more effective actions that could be taken by the [commission](/usc/42/2000ff.md?p=1) to conform the disapproved portion of the recommendations to the requirements of this section.
- (5) **Finding—** Upon approval or partial approval of recommendations submitted by a [commission](/usc/42/2000ff.md?p=1), the [Administrator](/usc/42/7602.md?p=a) shall issue to each [State](/usc/42/7602.md?p=d) which is included in the transport region and to which a requirement of the approved plan applies, a finding under [section 7410(k)(5) of this title](/usc/42/7410.md?p=k-5) that the implementation plan for such [State](/usc/42/7602.md?p=d) is inadequate to meet the requirements of [section 7410(a)(2)(D) of this title](/usc/42/7410.md?p=a-2-D). Such finding shall require each such [State](/usc/42/7602.md?p=d) to revise its implementation plan to include the approved additional control measures within one year after the finding is issued.
- (d) **Best available air quality monitoring and modeling—** For purposes of this section, not later than 6 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall promulgate criteria for purposes of determining the contribution of sources in one area to concentrations of ozone in another area which is a [nonattainment area](/usc/42/7501.md?p=2) for ozone. Such criteria shall require that the best available air quality monitoring and modeling techniques be used for purposes of making such determinations.
# §7511d. Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain
- (a) **General rule—** Each implementation plan revision required under section [7511a(d)](/usc/42/7511a.md?p=d) and [(e)](/usc/42/7511a.md?p=e) of this title (relating to the attainment plan for Severe and Extreme ozone [nonattainment areas](/usc/42/7501.md?p=2)) shall provide that, if the area to which such plan revision applies has failed to attain the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone by the applicable attainment date, each [major stationary source](/usc/42/7602.md?p=j) of [VOCs](/usc/42/7602.md?p=s) located in the area shall, except as otherwise provided under [subsection (c)](#c), pay a fee to the [State](/usc/42/7602.md?p=d) as a penalty for such failure, computed in accordance with [subsection (b)](#b), for each calendar year beginning after the attainment date, until the area is redesignated as an attainment area for ozone. Each such plan revision should include procedures for assessment and collection of such fees.
- (b) **Computation of fee—**
- (1) **Fee amount—** The fee shall equal $5,000, adjusted in accordance with [paragraph (3)](#b-3), per ton of [VOC](/usc/42/7602.md?p=s) emitted by the source during the calendar year in excess of 80 percent of the baseline amount, computed under [paragraph (2)](#b-2).
- (2) **Baseline amount—** For purposes of this section, the baseline amount shall be computed, in accordance with such guidance as the [Administrator](/usc/42/7602.md?p=a) may provide, as the lower of the amount of actual [VOC](/usc/42/7602.md?p=s) emissions (“actuals”) or [VOC](/usc/42/7602.md?p=s) emissions allowed under the permit applicable to the source (or, if no such permit has been issued for the attainment year, the amount of [VOC](/usc/42/7602.md?p=s) emissions allowed under the [applicable implementation plan](/usc/42/7602.md?p=q) (“allowables”)) during the attainment year. Notwithstanding the preceding sentence, the [Administrator](/usc/42/7602.md?p=a) may issue guidance authorizing the baseline amount to be determined in accordance with the lower of average actuals or average allowables, determined over a period of more than one calendar year. Such guidance may provide that such average calculation for a specific source may be used if that source’s emissions are irregular, cyclical, or otherwise vary significantly from year to year.
- (3) **Annual adjustment—** The fee amount under [paragraph (1)](#b-1) shall be adjusted annually, beginning in the year beginning after 1990, in accordance with [section 7661a(b)(3)(B)(v) of this title](/usc/42/7661a.md?p=b-3-B-v) (relating to inflation adjustment).
- (c) **Exception—** Notwithstanding any provision of this section, no source shall be required to pay any fee under [subsection (a)](#a) with respect to emissions during any year that is treated as an Extension Year under [section 7511(a)(5) of this title](/usc/42/7511.md?p=a-5).
- (d) **Fee collection by Administrator—** If the [Administrator](/usc/42/7602.md?p=a) has found that the fee provisions of the implementation plan do not meet the requirements of this section, or if the [Administrator](/usc/42/7602.md?p=a) makes a finding that the [State](/usc/42/7602.md?p=d) is not administering and enforcing the fee required under this section, the [Administrator](/usc/42/7602.md?p=a) shall, in addition to any other action authorized under this subchapter, collect, in accordance with procedures promulgated by the [Administrator](/usc/42/7602.md?p=a), the unpaid fees required under [subsection (a)](#a). If the [Administrator](/usc/42/7602.md?p=a) makes such a finding under [section 7509(a)(4) of this title](/usc/42/7509.md?p=a-4), the [Administrator](/usc/42/7602.md?p=a) may collect fees for periods before the determination, plus interest computed in accordance with [section 6621(a)(2) of title 26](/usc/26/6621.md?p=a-2) (relating to computation of interest on underpayment of Federal taxes), to the extent the [Administrator](/usc/42/7602.md?p=a) finds such fees have not been paid to the [State](/usc/42/7602.md?p=d). The provisions of clauses (ii) through (iii) of [section 7661a(b)(3)(C) of this title](/usc/42/7661a.md?p=b-3-C) (relating to penalties and use of the [funds](/usc/42/12854.md?p=3), respectively) shall apply with respect to fees collected under this subsection.
- (e) **Exemptions for certain small areas—** For areas with a total population under 200,000 which fail to attain the [standard](/usc/42/1320d.md?p=7) by the applicable attainment date, no sanction under this section or under any other provision of this chapter shall apply if the area can demonstrate, consistent with guidance issued by the [Administrator](/usc/42/7602.md?p=a), that attainment in the area is prevented because of ozone or ozone precursors transported from other areas. The prohibition applies only in cases in which the area has met all requirements and implemented all measures applicable to the area under this chapter.
# §7511e. Transitional areas
If an area designated as an ozone [nonattainment area](/usc/42/7501.md?p=2) as of November 15, 1990, has not violated the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for ozone for the 36-month period commencing on January 1, 1987, and ending on December 31, 1989, the [Administrator](/usc/42/7602.md?p=a) shall suspend the application of the requirements of this subpart to such area until December 31, 1991. By June 30, 1992, the [Administrator](/usc/42/7602.md?p=a) shall determine by order, based on the area’s design value as of the attainment date, whether the area attained such [standard](/usc/42/1320d.md?p=7) by December 31, 1991. If the [Administrator](/usc/42/7602.md?p=a) determines that the area attained the [standard](/usc/42/1320d.md?p=7), the [Administrator](/usc/42/7602.md?p=a) shall require, as part of the order, the [State](/usc/42/7602.md?p=d) to submit a maintenance plan for the area within 12 months of such determination. If the [Administrator](/usc/42/7602.md?p=a) determines that the area failed to attain the [standard](/usc/42/1320d.md?p=7), the [Administrator](/usc/42/7602.md?p=a) shall, by June 30, 1992, designate the area as nonattainment under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4).
# §7511f. NO[x](#sub) and VOC study
The [Administrator](/usc/42/7602.md?p=a), in conjunction with the National Academy of Sciences, shall conduct a study on the role of ozone precursors in tropospheric ozone formation and control. The study shall examine the roles of NOx and [VOC](/usc/42/7602.md?p=s) emission reductions, the extent to which NOx reductions may contribute (or be counterproductive) to achievement of attainment in different [nonattainment areas](/usc/42/7501.md?p=2), the sensitivity of ozone to the control of NOx, the availability and extent of controls for NOx, the role of biogenic [VOC](/usc/42/7602.md?p=s) emissions, and the basic information required for air quality models. The study shall be completed and a proposed report made public for 30 days comment within 1 year of November 15, 1990, and a final report shall be submitted to Congress within 15 months after November 15, 1990. The [Administrator](/usc/42/7602.md?p=a) shall utilize all available information and studies, as well as develop additional information, in conducting the study required by this section.
# §7512. Classification and attainment dates
- (a) **Classification by operation of law and attainment dates for nonattainment areas—**
- (1) Each area designated nonattainment for carbon monoxide pursuant to [section 7407(d) of this title](/usc/42/7407.md?p=d) shall be classified at the time of such designation under table 1, by operation of law, as a Moderate Area or a Serious Area based on the design value for the area. The design value shall be calculated according to the interpretation methodology issued by the [Administrator](/usc/42/7602.md?p=a) most recently before November 15, 1990. For each area classified under this subsection, the [primary standard attainment date](/usc/42/7602.md?p=n) for carbon monoxide shall be as expeditiously as practicable but not later than the date provided in table 1:
| TABLE 3[^1] | | |
| --- | --- | --- |
| Area
classification | Design value | [Primary standard attainment date](/usc/42/7602.md?p=n) |
| Moderate | 9.1–16.4 ppm | December 31, 1995 |
| Serious | 16.5 and above | December 31, 2000 |
- (2) At the time of publication of the notice required under [section 7407 of this title](/usc/42/7407.md) (designating carbon monoxide [nonattainment areas](/usc/42/7501.md?p=2)), the [Administrator](/usc/42/7602.md?p=a) shall publish a notice announcing the classification of each such carbon monoxide [nonattainment area](/usc/42/7501.md?p=2). The provisions of [section 7502(a)(1)(B) of this title](/usc/42/7502.md?p=a-1-B) (relating to lack of notice-and-comment and judicial review) shall apply with respect to such classification.
- (3) If an area classified under [paragraph (1)](#a-1), table 1, would have been classified in another [category](/usc/42/1395w–4.md?p=j-1) if the design value in the area were 5 percent greater or 5 percent less than the level on which such classification was based, the [Administrator](/usc/42/7602.md?p=a) may, in the [Administrator](/usc/42/7602.md?p=a)’s discretion, within 90 days after November 15, 1990, by the procedure required under [paragraph (2)](#a-2), adjust the classification of the area. In making such adjustment, the [Administrator](/usc/42/7602.md?p=a) may consider the number of exceedances of the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide in the area, the level of pollution transport between the area and the other affected areas, and the mix of sources and [air pollutants](/usc/42/7602.md?p=g) in the area. The [Administrator](/usc/42/7602.md?p=a) may make the same adjustment for purposes of paragraphs (2), (3), (6), and (7) of [section 7512a(a) of this title](/usc/42/7512a.md?p=a).
- (4) Upon application by any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) may extend for 1 additional year (hereinafter in this subpart referred to as the “Extension Year”) the date specified in table 1 of [subsection (a)](#a) if—
- (A) the [State](/usc/42/7602.md?p=d) has complied with all requirements and commitments pertaining to the area in the [applicable implementation plan](/usc/42/7602.md?p=q), and
- (B) no more than one exceedance of the national ambient air quality [standard](/usc/42/1320d.md?p=7) level for carbon monoxide has occurred in the area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this paragraph for a [single](/usc/42/2304.md?p=m) [nonattainment area](/usc/42/7501.md?p=2).
- (b) **New designations and reclassifications—**
- (1) **New designations to nonattainment—** Any area that is designated attainment or unclassifiable for carbon monoxide under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), and that is subsequently redesignated to nonattainment for carbon monoxide under [section 7407(d)(3) of this title](/usc/42/7407.md?p=d-3), shall, at the time of the redesignation, be classified by operation of law in accordance with table 1 under subsections [(a)(1)](#a-1) and [(a)(4)](#a-4). Upon its classification, the area shall be subject to the same requirements under [section 7410 of this title](/usc/42/7410.md), subpart 1 of this part, and this subpart that would have applied had the area been so classified at the time of the notice under [subsection (a)(2)](#a-2), except that any absolute, fixed date applicable in connection with any such requirement is extended by operation of law by a period equal to the length of time between November 15, 1990, and the date the area is classified.
- (2) **Reclassification of Moderate Areas upon failure to attain—**
- (A) **General rule—** Within 6 months following the applicable attainment date for a carbon monoxide [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) shall determine, based on the area’s design value as of the attainment date, whether the area has attained the [standard](/usc/42/1320d.md?p=7) by that date. Any Moderate Area that the [Administrator](/usc/42/7602.md?p=a) finds has not attained the [standard](/usc/42/1320d.md?p=7) by that date shall be reclassified by operation of law in accordance with table 1 of [subsection (a)(1)](#a-1) as a Serious Area.
- (B) **Publication of notice—** The [Administrator](/usc/42/7602.md?p=a) shall publish a notice in the Federal Register, no later than 6 months following the attainment date, identifying each area that the [Administrator](/usc/42/7602.md?p=a) has determined, under [subparagraph (A)](#b-2-A), as having failed to attain and identifying the reclassification, if any, described under [subparagraph (A)](#b-2-A).
- (c) **References to terms—** Any reference in this subpart to a “Moderate Area” or a “Serious Area” shall be considered a reference to a Moderate Area or a Serious Area, respectively, as classified under this section.
# §7512a. Plan submissions and requirements
- (a) **Moderate Areas—** Each [State](/usc/42/7602.md?p=d) in which all or part of a Moderate Area is located shall, with respect to the Moderate Area (or portion thereof, to the extent specified in guidance of the [Administrator](/usc/42/7602.md?p=a) issued before November 15, 1990), submit to the [Administrator](/usc/42/7602.md?p=a) the [State](/usc/42/7602.md?p=d) implementation plan revisions (including the plan items) described under this subsection, within such periods as are prescribed under this subsection, except to the extent the [State](/usc/42/7602.md?p=d) has made such submissions as of November 15, 1990:
- (1) **Inventory—** No later than 2 years from November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a comprehensive, accurate, current [inventory](/usc/42/4370m.md?p=14) of actual emissions from all sources, as described in [section 7502(c)(3) of this title](/usc/42/7502.md?p=c-3), in accordance with guidance provided by the [Administrator](/usc/42/7602.md?p=a).
- (2)
- (A) **Vehicle miles traveled—** No later than 2 years after November 15, 1990, for areas with a design value above 12.7 ppm at the time of classification, the plan revision shall contain a forecast of vehicle miles traveled in the [nonattainment area](/usc/42/7501.md?p=2) concerned for each year before the year in which the plan [projects](/usc/42/11360.md?p=20) the national ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide to be attained in the area. The forecast shall be based on guidance which shall be published by the [Administrator](/usc/42/7602.md?p=a), in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, within 6 months after November 15, 1990. The plan revision shall provide for annual updates of the forecasts to be submitted to the [Administrator](/usc/42/7602.md?p=a) together with annual reports regarding the extent to which such forecasts proved to be accurate. Such annual reports shall contain estimates of actual vehicle miles traveled in each year for which a forecast was required.
- (B) **Special rule for Denver—** Within 2 years after November 15, 1990, in the case of Denver, the [State](/usc/42/7602.md?p=d) shall submit a revision that includes the transportation control measures as required in [section 7511a(d)(1)(A) of this title](/usc/42/7511a.md?p=d-1-A) except that such revision shall be for the purpose of reducing [CO](/usc/42/7602.md?p=w) emissions rather than volatile organic compound emissions. If the [State](/usc/42/7602.md?p=d) fails to include any such measure, the implementation plan shall contain an explanation of why such measure was not adopted and what [emissions reduction](/usc/42/17114.md?p=a-3) measure was adopted to provide a comparable reduction in emissions, or reasons why such reduction is not necessary to attain the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide.
- (3) **Contingency provisions—** No later than 2 years after November 15, 1990, for areas with a design value above 12.7 ppm at the time of classification, the plan revision shall provide for the implementation of specific measures to be undertaken if any estimate of vehicle miles traveled in the area which is submitted in an annual report under [paragraph (2)](#a-2) exceeds the number predicted in the most recent prior forecast or if the area fails to attain the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide by the [primary standard attainment date](/usc/42/7602.md?p=n). Such measures shall be included in the plan revision as contingency measures to take effect without further action by the [State](/usc/42/7602.md?p=d) or the [Administrator](/usc/42/7602.md?p=a) if the prior forecast has been exceeded by an updated forecast or if the national [standard](/usc/42/1320d.md?p=7) is not attained by such deadline.
- (4) **Savings clause for vehicle inspection and maintenance provisions of the State implementation plan—** Immediately after November 15, 1990, for any Moderate Area (or, within the [Administrator](/usc/42/7602.md?p=a)’s discretion, portion thereof), the plan for which is of the type described in [section 7511a(a)(2)(B) of this title](/usc/42/7511a.md?p=a-2-B) any provisions necessary to ensure that the [applicable implementation plan](/usc/42/7602.md?p=q) includes the vehicle [inspection](/usc/42/4851b.md?p=12) and maintenance [program](/usc/42/274l–1.md?p=4) described in [section 7511a(a)(2)(B) of this title](/usc/42/7511a.md?p=a-2-B).
- (5) **Periodic inventory—** No later than September 30, 1995, and no later than the end of each 3 year period thereafter, until the area is redesignated to attainment, a revised [inventory](/usc/42/4370m.md?p=14) meeting the requirements of [subsection (a)(1)](#a-1).
- (6) **Enhanced vehicle inspection and maintenance—** No later than 2 years after November 15, 1990, in the case of Moderate Areas with a design value greater than 12.7 ppm at the time of classification, a revision that includes provisions for an enhanced vehicle [inspection](/usc/42/4851b.md?p=12) and maintenance [program](/usc/42/274l–1.md?p=4) as required in [section 7511a(c)(3) of this title](/usc/42/7511a.md?p=c-3) (concerning serious ozone [nonattainment areas](/usc/42/7501.md?p=2)), except that such [program](/usc/42/274l–1.md?p=4) shall be for the purpose of reducing carbon monoxide rather than hydrocarbon emissions.
- (7) **Attainment demonstration and specific annual emission reductions—** In the case of Moderate Areas with a design value greater than 12.7 ppm at the time of classification, no later than 2 years after November 15, 1990, a revision to provide, and a demonstration that the plan as revised will provide, for attainment of the carbon monoxide [NAAQS](/usc/42/7602.md?p=u) by the applicable attainment date and provisions for such specific annual emission reductions as are necessary to attain the [standard](/usc/42/1320d.md?p=7) by that date.
The [Administrator](/usc/42/7602.md?p=a) may, in the [Administrator](/usc/42/7602.md?p=a)’s discretion, require [States](/usc/42/7602.md?p=d) to submit a schedule for submitting any of the revisions or other items required under this subsection. In the case of Moderate Areas with a design value of 12.7 ppm or lower at the time of classification, the requirements of this subsection shall apply in lieu of any requirement that the [State](/usc/42/7602.md?p=d) submit a demonstration that the [applicable implementation plan](/usc/42/7602.md?p=q) provides for attainment of the carbon monoxide [standard](/usc/42/1320d.md?p=7) by the applicable attainment date.
- (b) **Serious Areas—**
- (1) **In general—** Each [State](/usc/42/7602.md?p=d) in which all or part of a Serious Area is located shall, with respect to the Serious Area, make the submissions (other than those required under subsection (a)(1)(B)[^1]) applicable under [subsection (a)](#a) to Moderate Areas with a design value of 12.7 ppm or greater at the time of classification, and shall also submit the revision and other items described under this subsection.
- (2) **Vehicle miles traveled—** Within 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision that includes the transportation control measures as required in [section 7511a(d)(1) of this title](/usc/42/7511a.md?p=d-1) except that such revision shall be for the purpose of reducing [CO](/usc/42/7602.md?p=w) emissions rather than volatile organic compound emissions. In the case of any such area (other than an area in New York [State](/usc/42/7602.md?p=d)) which is a covered area (as defined in [section 7586(a)(2)(B) of this title](/usc/42/7586.md?p=a-2-B)) for purposes of the Clean Fuel Fleet [program](/usc/42/274l–1.md?p=4) under part C of subchapter II, if the [State](/usc/42/7602.md?p=d) fails to include any such measure, the implementation plan shall contain an explanation of why such measure was not adopted and what [emissions reduction](/usc/42/17114.md?p=a-3) measure was adopted to provide a comparable reduction in emissions, or reasons why such reduction is not necessary to attain the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide.
- (3) **Oxygenated gasoline—**
- (A) Within 2 years after November 15, 1990, the [State](/usc/42/7602.md?p=d) shall submit a revision to require that gasoline sold, supplied, offered for sale or supply, dispensed, transported or introduced into [commerce](/usc/42/6311.md?p=7) in the larger of—
- (i) the Consolidated Metropolitan Statistical Area (as defined by the [United States](/usc/42/403.md?p=k) [Office](/usc/42/3058f.md?p=1) of Management and Budget) (CMSA) in which the area is located, or
- (ii) if the area is not located in a CMSA, the Metropolitan Statistical Area (as defined by the [United States](/usc/42/403.md?p=k) [Office](/usc/42/3058f.md?p=1) of Management and Budget) in which the area is located,
be blended, during the portion of the year in which the area is prone to high ambient concentrations of carbon monoxide (as determined by the [Administrator](/usc/42/7602.md?p=a)), with fuels containing such level of oxygen as is necessary, in combination with other measures, to provide for attainment of the carbon monoxide national ambient air quality [standard](/usc/42/1320d.md?p=7) by the applicable attainment date and maintenance of the national ambient air quality [standard](/usc/42/1320d.md?p=7) thereafter in the area. The revision shall provide that such requirement shall take effect no later than October 1, 1993, and shall include a [program](/usc/42/274l–1.md?p=4) for implementation and enforcement of the requirement consistent with guidance to be issued by the [Administrator](/usc/42/7602.md?p=a).
- (B) Notwithstanding [subparagraph (A)](#b-3-A), the revision described in this paragraph shall not be required for an area if the [State](/usc/42/7602.md?p=d) demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the revision is not necessary to provide for attainment of the carbon monoxide national ambient air quality [standard](/usc/42/1320d.md?p=7) by the applicable attainment date and maintenance of the national ambient air quality [standard](/usc/42/1320d.md?p=7) thereafter in the area.
- (c) **Areas with significant stationary source emissions of CO—**
- (1) **Serious Areas—** In the case of Serious Areas in which [stationary sources](/usc/42/7411.md?p=a-3) contribute significantly to carbon monoxide levels (as determined under rules issued by the [Administrator](/usc/42/7602.md?p=a)), the [State](/usc/42/7602.md?p=d) shall submit a plan revision within 2 years after November 15, 1990, which provides that the term “[major stationary source](/usc/42/7602.md?p=j)” includes (in addition to the sources described in [section 7602 of this title](/usc/42/7602.md)) any [stationary source](/usc/42/7411.md?p=a-3) which emits, or has the potential to emit, 50 tons per year or more of carbon monoxide.
- (2) **Waivers for certain areas—** The [Administrator](/usc/42/7602.md?p=a) may, on a case-by-case basis, waive any requirements that pertain to transportation controls, [inspection](/usc/42/4851b.md?p=12) and maintenance, or oxygenated fuels where the [Administrator](/usc/42/7602.md?p=a) determines by rule that mobile sources of carbon monoxide do not contribute significantly to carbon monoxide levels in the area.
- (3) **Guidelines—** Within 6 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall issue guidelines for and rules determining whether [stationary sources](/usc/42/7411.md?p=a-3) contribute significantly to carbon monoxide levels in an area.
- (d) **CO milestone—**
- (1) **Milestone demonstration—** By March 31, 1996, each [State](/usc/42/7602.md?p=d) in which all or part of a Serious Area is located shall submit to the [Administrator](/usc/42/7602.md?p=a) a demonstration that the area has achieved a reduction in emissions of [CO](/usc/42/7602.md?p=w) equivalent to the total of the specific annual emission reductions required by December 31, 1995. Such reductions shall be referred to in this subsection as the milestone.
- (2) **Adequacy of demonstration—** A demonstration under this paragraph shall be submitted in such form and manner, and shall contain such information and analysis, as the [Administrator](/usc/42/7602.md?p=a) shall require. The [Administrator](/usc/42/7602.md?p=a) shall determine whether or not a [State](/usc/42/7602.md?p=d)’s demonstration is adequate within 90 days after the [Administrator](/usc/42/7602.md?p=a)’s receipt of a demonstration which contains the information and analysis required by the [Administrator](/usc/42/7602.md?p=a).
- (3) **Failure to meet emission reduction milestone—** If a [State](/usc/42/7602.md?p=d) fails to submit a demonstration under [paragraph (1)](#d-1) within the required period, or if the [Administrator](/usc/42/7602.md?p=a) notifies the [State](/usc/42/7602.md?p=d) that the [State](/usc/42/7602.md?p=d) has not met the milestone, the [State](/usc/42/7602.md?p=d) shall, within 9 months after such a failure or notification, submit a plan revision to implement an economic incentive and transportation control [program](/usc/42/274l–1.md?p=4) as described in [section 7511a(g)(4) of this title](/usc/42/7511a.md?p=g-4). Such revision shall be sufficient to achieve the specific annual reductions in carbon monoxide emissions set forth in the plan by the attainment date.
- (e) **Multi-State CO nonattainment areas—**
- (1) **Coordination among States—** Each [State](/usc/42/7602.md?p=d) in which there is located a portion of a [single](/usc/42/2304.md?p=m) [nonattainment area](/usc/42/7501.md?p=2) for carbon monoxide which covers more than one [State](/usc/42/7602.md?p=d) (“multi-[State](/usc/42/7602.md?p=d) [nonattainment area](/usc/42/7501.md?p=2)”) shall take all reasonable steps to coordinate, substantively and procedurally, the revisions and implementation of [State](/usc/42/7602.md?p=d) implementation plans applicable to the [nonattainment area](/usc/42/7501.md?p=2) concerned. The [Administrator](/usc/42/7602.md?p=a) may not approve any revision of a [State](/usc/42/7602.md?p=d) implementation plan submitted under this part for a [State](/usc/42/7602.md?p=d) in which part of a multi-[State](/usc/42/7602.md?p=d) [nonattainment area](/usc/42/7501.md?p=2) is located if the plan revision for that [State](/usc/42/7602.md?p=d) fails to comply with the requirements of this subsection.
- (2) **Failure to demonstrate attainment—** If any [State](/usc/42/7602.md?p=d) in which there is located a portion of a multi-[State](/usc/42/7602.md?p=d) [nonattainment area](/usc/42/7501.md?p=2) fails to provide a demonstration of attainment of the national ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide in that portion within the period required under this part the [State](/usc/42/7602.md?p=d) may petition the [Administrator](/usc/42/7602.md?p=a) to make a finding that the [State](/usc/42/7602.md?p=d) would have been able to make such demonstration but for the failure of one or more other [States](/usc/42/7602.md?p=d) in which other portions of the area are located to commit to the implementation of all measures required under this section (relating to plan submissions for carbon monoxide [nonattainment areas](/usc/42/7501.md?p=2)). If the [Administrator](/usc/42/7602.md?p=a) makes such finding, in the portion of the [nonattainment area](/usc/42/7501.md?p=2) within the [State](/usc/42/7602.md?p=d) submitting such petition, no sanction shall be imposed under [section 7509 of this title](/usc/42/7509.md) or under any other provision of this chapter, by reason of the failure to make such demonstration.
- (f) **Reclassified areas—** Each [State](/usc/42/7602.md?p=d) containing a carbon monoxide [nonattainment area](/usc/42/7501.md?p=2) reclassified under [section 7512(b)(2) of this title](/usc/42/7512.md?p=b-2) shall meet the requirements of [subsection (b)](#b) of this section, as may be applicable to the area as reclassified, according to the schedules prescribed in connection with such requirements, except that the [Administrator](/usc/42/7602.md?p=a) may adjust any applicable deadlines (other than the attainment date) where such deadlines are shown to be infeasible.
- (g) **Failure of Serious Area to attain standard—** If the [Administrator](/usc/42/7602.md?p=a) determines under [section 7512(b)(2) of this title](/usc/42/7512.md?p=b-2) that the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide has not been attained in a Serious Area by the applicable attainment date, the [State](/usc/42/7602.md?p=d) shall submit a plan revision for the area within 9 months after the date of such determination. The plan revision shall provide that a [program](/usc/42/274l–1.md?p=4) of incentives and requirements as described in [section 7511a(g)(4) of this title](/usc/42/7511a.md?p=g-4) shall be applicable in the area, and such [program](/usc/42/274l–1.md?p=4), in combination with other elements of the revised plan, shall be adequate to reduce the total tonnage of emissions of carbon monoxide in the area by at least 5 percent per year in each year after approval of the plan revision and before attainment of the national primary ambient air quality [standard](/usc/42/1320d.md?p=7) for carbon monoxide.
# §7513. Classifications and attainment dates
- (a) **Initial classifications—** Every area designated nonattainment for [PM–10](/usc/42/7602.md?p=t) pursuant to [section 7407(d) of this title](/usc/42/7407.md?p=d) shall be classified at the time of such designation, by operation of law, as a moderate [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2) (also referred to in this subpart as a “Moderate Area”) at the time of such designation. At the time of publication of the notice under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4) (relating to area designations) for each [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) shall publish a notice announcing the classification of such area. The provisions of [section 7502(a)(1)(B) of this title](/usc/42/7502.md?p=a-1-B) (relating to lack of notice-and-comment and judicial review) shall apply with respect to such classification.
- (b) **Reclassification as Serious—**
- (1) **Reclassification before attainment date—** The [Administrator](/usc/42/7602.md?p=a) may reclassify as a Serious [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2) (identified in this subpart also as a “Serious Area”) any area that the [Administrator](/usc/42/7602.md?p=a) determines cannot practicably attain the national ambient air quality [standard](/usc/42/1320d.md?p=7) for [PM–10](/usc/42/7602.md?p=t) by the attainment date (as prescribed in [subsection (c)](#c)) for Moderate Areas. The [Administrator](/usc/42/7602.md?p=a) shall reclassify appropriate areas as Serious by the following dates:
- (A) For areas designated nonattainment for [PM–10](/usc/42/7602.md?p=t) under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), the [Administrator](/usc/42/7602.md?p=a) shall propose to reclassify appropriate areas by June 30, 1991, and take final action by December 31, 1991.
- (B) For areas subsequently designated nonattainment, the [Administrator](/usc/42/7602.md?p=a) shall reclassify appropriate areas within 18 months after the required date for the [State](/usc/42/7602.md?p=d)’s submission of a SIP for the Moderate Area.
- (2) **Reclassification upon failure to attain—** Within 6 months following the applicable attainment date for a [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) shall determine whether the area attained the [standard](/usc/42/1320d.md?p=7) by that date. If the [Administrator](/usc/42/7602.md?p=a) finds that any Moderate Area is not in attainment after the applicable attainment date—
- (A) the area shall be reclassified by operation of law as a Serious Area; and
- (B) the [Administrator](/usc/42/7602.md?p=a) shall publish a notice in the Federal Register no later than 6 months following the attainment date, identifying the area as having failed to attain and identifying the reclassification described under [subparagraph (A)](#b-2-A).
- (c) **Attainment dates—** Except as provided under [subsection (d)](#d), the attainment dates for [PM–10](/usc/42/7602.md?p=t) [nonattainment areas](/usc/42/7501.md?p=2) shall be as follows:
- (1) **Moderate Areas—** For a Moderate Area, the attainment date shall be as expeditiously as practicable but no later than the end of the sixth calendar year after the area’s designation as nonattainment, except that, for areas designated nonattainment for [PM–10](/usc/42/7602.md?p=t) under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), the attainment date shall not extend beyond December 31, 1994.
- (2) **Serious Areas—** For a Serious Area, the attainment date shall be as expeditiously as practicable but no later than the end of the tenth calendar year beginning after the area’s designation as nonattainment, except that, for areas designated nonattainment for [PM–10](/usc/42/7602.md?p=t) under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), the date shall not extend beyond December 31, 2001.
- (d) **Extension of attainment date for Moderate Areas—** Upon application by any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) may extend for 1 additional year (hereinafter referred to as the “Extension Year”) the date specified in paragraph[^1] (c)(1) if—
- (1) the [State](/usc/42/7602.md?p=d) has complied with all requirements and commitments pertaining to the area in the [applicable implementation plan](/usc/42/7602.md?p=q); and
- (2) no more than one exceedance of the 24-hour national ambient air quality [standard](/usc/42/1320d.md?p=7) level for [PM–10](/usc/42/7602.md?p=t) has occurred in the area in the year preceding the Extension Year, and the annual mean concentration of [PM–10](/usc/42/7602.md?p=t) in the area for such year is less than or equal to the [standard](/usc/42/1320d.md?p=7) level.
No more than 2 one-year extensions may be issued under the subsection for a [single](/usc/42/2304.md?p=m) [nonattainment area](/usc/42/7501.md?p=2).
- (e) **Extension of attainment date for Serious Areas—** Upon application by any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) may extend the attainment date for a Serious Area beyond the date specified under [subsection (c)](#c), if attainment by the date established under [subsection (c)](#c) would be impracticable, the [State](/usc/42/7602.md?p=d) has complied with all requirements and commitments pertaining to that area in the implementation plan, and the [State](/usc/42/7602.md?p=d) demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the plan for that area includes the most stringent measures that are included in the implementation plan of any [State](/usc/42/7602.md?p=d) or are achieved in practice in any [State](/usc/42/7602.md?p=d), and can feasibly be implemented in the area. At the time of such application, the [State](/usc/42/7602.md?p=d) must submit a revision to the implementation plan that includes a demonstration of attainment by the most expeditious alternative date practicable. In determining whether to grant an extension, and the appropriate length of time for any such extension, the [Administrator](/usc/42/7602.md?p=a) may consider the nature and extent of nonattainment, the types and numbers of sources or other emitting activities in the area (including the influence of uncontrollable natural sources and transboundary emissions from foreign countries), the population exposed to concentrations in excess of the [standard](/usc/42/1320d.md?p=7), the presence and concentration of potentially toxic substances in the mix of particulate emissions in the area, and the technological and economic feasibility of various control measures. The [Administrator](/usc/42/7602.md?p=a) may not approve an extension until the [State](/usc/42/7602.md?p=d) submits an attainment demonstration for the area. The [Administrator](/usc/42/7602.md?p=a) may grant at most one such extension for an area, of no more than 5 years.
- (f) **Waivers for certain areas—** The [Administrator](/usc/42/7602.md?p=a) may, on a case-by-case basis, waive any requirement applicable to any Serious Area under this subpart where the [Administrator](/usc/42/7602.md?p=a) determines that anthropogenic sources of [PM–10](/usc/42/7602.md?p=t) do not contribute significantly to the [violation](/usc/42/2000e–16a.md?p=c) of the [PM–10](/usc/42/7602.md?p=t) [standard](/usc/42/1320d.md?p=7) in the area. The [Administrator](/usc/42/7602.md?p=a) may also waive a specific date for attainment of the [standard](/usc/42/1320d.md?p=7) where the [Administrator](/usc/42/7602.md?p=a) determines that nonanthropogenic sources of [PM–10](/usc/42/7602.md?p=t) contribute significantly to the [violation](/usc/42/2000e–16a.md?p=c) of the [PM–10](/usc/42/7602.md?p=t) [standard](/usc/42/1320d.md?p=7) in the area.
# §7513a. Plan provisions and schedules for plan submissions
- (a) **Moderate Areas—**
- (1) **Plan provisions—** Each [State](/usc/42/7602.md?p=d) in which all or part of a Moderate Area is located shall submit, according to the applicable schedule under [paragraph (2)](#a-2), an implementation plan that includes each of the following:
- (A) For the purpose of meeting the requirements of [section 7502(c)(5) of this title](/usc/42/7502.md?p=c-5), a permit [program](/usc/42/274l–1.md?p=4) providing that permits meeting the requirements of [section 7503 of this title](/usc/42/7503.md) are required for the [construction](/usc/42/7479.md?p=2-C) and operation of new and [modified](/usc/42/7501.md?p=4) [major stationary sources](#b-3) of [PM–10](/usc/42/7602.md?p=t).
- (B) Either (i) a demonstration (including air quality modeling) that the plan will provide for attainment by the applicable attainment date; or (ii) a demonstration that attainment by such date is impracticable.
- (C) Provisions to assure that reasonably available control measures for the control of [PM–10](/usc/42/7602.md?p=t) shall be implemented no later than December 10, 1993, or 4 years after designation in the case of an area classified as moderate after November 15, 1990.
- (2) **Schedule for plan submissions—** A [State](/usc/42/7602.md?p=d) shall submit the plan required under [subparagraph (1)](#a-1) no later than the following:
- (A) Within 1 year of November 15, 1990, for areas designated nonattainment under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), except that the provision required under [subparagraph (1)(A)](#a-1-A) shall be submitted no later than June 30, 1992.
- (B) 18 months after the designation as nonattainment, for those areas designated nonattainment after the designations prescribed under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4).
- (b) **Serious Areas—**
- (1) **Plan provisions—** In addition to the provisions submitted to meet the requirements of paragraph[^1] (a)(1) (relating to Moderate Areas), each [State](/usc/42/7602.md?p=d) in which all or part of a Serious Area is located shall submit an implementation plan for such area that includes each of the following:
- (A) A demonstration (including air quality modeling)—
- (i) that the plan provides for attainment of the [PM–10](/usc/42/7602.md?p=t) national ambient air quality [standard](/usc/42/1320d.md?p=7) by the applicable attainment date, or
- (ii) for any area for which the [State](/usc/42/7602.md?p=d) is seeking, pursuant to [section 7513(e) of this title](/usc/42/7513.md?p=e), an extension of the attainment date beyond the date set forth in [section 7513(c) of this title](/usc/42/7513.md?p=c), that attainment by that date would be impracticable, and that the plan provides for attainment by the most expeditious alternative date practicable.
- (B) Provisions to assure that the best available control measures for the control of [PM–10](/usc/42/7602.md?p=t) shall be implemented no later than 4 years after the date the area is classified (or reclassified) as a Serious Area.
- (2) **Schedule for plan submissions—** A [State](/usc/42/7602.md?p=d) shall submit the demonstration required for an area under [paragraph (1)(A)](#b-1-A) no later than 4 years after reclassification of the area to Serious, except that for areas reclassified under [section 7513(b)(2) of this title](/usc/42/7513.md?p=b-2), the [State](/usc/42/7602.md?p=d) shall submit the attainment demonstration within 18 months after reclassification to Serious. A [State](/usc/42/7602.md?p=d) shall submit the provisions described under [paragraph (1)(B)](#b-1-B) no later than 18 months after reclassification of the area as a Serious Area.
- (3) **Major sources—** For any Serious Area, the terms “major source” and “major stationary source” include any [stationary source](/usc/42/7411.md?p=a-3) or group of [stationary sources](/usc/42/7411.md?p=a-3) located within a contiguous area and under common control that emits, or has the potential to emit, at least 70 tons per year of [PM–10](/usc/42/7602.md?p=t).
- (c) **Milestones—**
- (1) Plan revisions demonstrating attainment submitted to the [Administrator](/usc/42/7602.md?p=a) for approval under this subpart shall contain quantitative milestones which are to be achieved every 3 years until the area is redesignated attainment and which demonstrate [reasonable further progress](/usc/42/7501.md?p=1), as defined in [section 7501(1) of this title](/usc/42/7501.md?p=1), toward attainment by the applicable date.
- (2) Not later than 90 days after the date on which a milestone applicable to the area occurs, each [State](/usc/42/7602.md?p=d) in which all or part of such area is located shall submit to the [Administrator](/usc/42/7602.md?p=a) a demonstration that all measures in the plan approved under this section have been implemented and that the milestone has been met. A demonstration under this subsection shall be submitted in such form and manner, and shall contain such information and analysis, as the [Administrator](/usc/42/7602.md?p=a) shall require. The [Administrator](/usc/42/7602.md?p=a) shall determine whether or not a [State](/usc/42/7602.md?p=d)’s demonstration under this subsection is adequate within 90 days after the [Administrator](/usc/42/7602.md?p=a)’s receipt of a demonstration which contains the information and analysis required by the [Administrator](/usc/42/7602.md?p=a).
- (3) If a [State](/usc/42/7602.md?p=d) fails to submit a demonstration under [paragraph (2)](#c-2) with respect to a milestone within the required period or if the [Administrator](/usc/42/7602.md?p=a) determines that the area has not met any applicable milestone, the [Administrator](/usc/42/7602.md?p=a) shall require the [State](/usc/42/7602.md?p=d), within 9 months after such failure or determination to submit a plan revision that assures that the [State](/usc/42/7602.md?p=d) will achieve the next milestone (or attain the national ambient air quality [standard](/usc/42/1320d.md?p=7) for [PM–10](/usc/42/7602.md?p=t), if there is no next milestone) by the applicable date.
- (d) **Failure to attain—** In the case of a Serious [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2) in which the [PM–10](/usc/42/7602.md?p=t) [standard](/usc/42/1320d.md?p=7) is not attained by the applicable attainment date, the [State](/usc/42/7602.md?p=d) in which such area is located shall, after notice and opportunity for public comment, submit within 12 months after the applicable attainment date, plan revisions which provide for attainment of the [PM–10](/usc/42/7602.md?p=t) air quality [standard](/usc/42/1320d.md?p=7) and, from the date of such submission until attainment, for an annual reduction in [PM–10](/usc/42/7602.md?p=t) or [PM–10](/usc/42/7602.md?p=t) precursor emissions within the area of not less than 5 percent of the amount of such emissions as reported in the most recent [inventory](/usc/42/4370m.md?p=14) prepared for such area.
- (e) **PM–10 precursors—** The control requirements applicable under plans in effect under this part for [major stationary sources](#b-3) of [PM–10](/usc/42/7602.md?p=t) shall also apply to [major stationary sources](#b-3) of [PM–10](/usc/42/7602.md?p=t) precursors, except where the [Administrator](/usc/42/7602.md?p=a) determines that such sources do not contribute significantly to [PM–10](/usc/42/7602.md?p=t) levels which exceed the [standard](/usc/42/1320d.md?p=7) in the area. The [Administrator](/usc/42/7602.md?p=a) shall issue guidelines regarding the application of the preceding sentence.
# §7513b. Issuance of RACM and BACM guidance
The [Administrator](/usc/42/7602.md?p=a) shall issue, in the same manner and according to the same procedure as guidance is issued under [section 7408(c) of this title](/usc/42/7408.md?p=c), technical guidance on reasonably available control measures and best available control measures for urban fugitive dust, and emissions from residential wood combustion (including curtailments and exemptions from such curtailments) and prescribed silvicultural and agricultural burning, no later than 18 months following November 15, 1990. The [Administrator](/usc/42/7602.md?p=a) shall also examine other [categories](/usc/42/1395w–4.md?p=j-1) of sources contributing to nonattainment of the [PM–10](/usc/42/7602.md?p=t) [standard](/usc/42/1320d.md?p=7), and determine whether additional guidance on reasonably available control measures and best available control measures is needed, and issue any such guidance no later than 3 years after November 15, 1990. In issuing guidelines and making determinations under this section, the [Administrator](/usc/42/7602.md?p=a) (in consultation with the [State](/usc/42/7602.md?p=d)) shall take into account emission reductions achieved, or expected to be achieved, under subchapter IV–A and other provisions of this chapter.
# §7514. Plan submission deadlines
- (a) **Submission—** Any [State](/usc/42/7602.md?p=d) containing an area designated or redesignated under [section 7407(d) of this title](/usc/42/7407.md?p=d) as nonattainment with respect to the national primary ambient air quality [standards](/usc/42/1320d.md?p=7) for sulfur oxides, nitrogen dioxide, or lead subsequent to November 15, 1990, shall submit to the [Administrator](/usc/42/7602.md?p=a), within 18 months of the designation, an [applicable implementation plan](/usc/42/7602.md?p=q) meeting the requirements of this part.
- (b) **States lacking fully approved State implementation plans—** Any [State](/usc/42/7602.md?p=d) containing an area designated nonattainment with respect to national primary ambient air quality [standards](/usc/42/1320d.md?p=7) for sulfur oxides or nitrogen dioxide under [section 7407(d)(1)(C)(i) of this title](/usc/42/7407.md?p=d-1-C-i), but lacking a fully approved implementation plan complying with the requirements of this chapter (including this part) as in effect immediately before November 15, 1990, shall submit to the [Administrator](/usc/42/7602.md?p=a), within 18 months of November 15, 1990, an implementation plan meeting the requirements of subpart 1 (except as otherwise prescribed by [section 7514a of this title](/usc/42/7514a.md)).
# §7514a. Attainment dates
- (a) **Plans under section 7514(a)—** Implementation plans required under [section 7514(a) of this title](/usc/42/7514.md?p=a) shall provide for attainment of the relevant primary [standard](/usc/42/1320d.md?p=7) as expeditiously as practicable but no later than 5 years from the date of the nonattainment designation.
- (b) **Plans under section 7514(b)—** Implementation plans required under [section 7514(b) of this title](/usc/42/7514.md?p=b) shall provide for attainment of the relevant primary national ambient air quality [standard](/usc/42/1320d.md?p=7) within 5 years after November 15, 1990.
- (c) **Inadequate plans—** Implementation plans for [nonattainment areas](/usc/42/7501.md?p=2) for sulfur oxides or nitrogen dioxide with plans that were approved by the [Administrator](/usc/42/7602.md?p=a) before November 15, 1990, but, subsequent to such approval, were found by the [Administrator](/usc/42/7602.md?p=a) to be substantially inadequate, shall provide for attainment of the relevant primary [standard](/usc/42/1320d.md?p=7) within 5 years from the date of such finding.
# §7515. General savings clause
Each regulation, [standard](/usc/42/1320d.md?p=7), rule, notice, order and guidance promulgated or issued by the [Administrator](/usc/42/7602.md?p=a) under this chapter, as in effect before November 15, 1990, shall remain in effect according to its terms, except to the extent otherwise provided under this chapter, inconsistent with any provision of this chapter, or revised by the [Administrator](/usc/42/7602.md?p=a). No control requirement in effect, or required to be adopted by an order, settlement [agreement](/usc/42/1320b–8.md?p=a-3-A), or plan in effect before November 15, 1990, in any area which is a [nonattainment area](/usc/42/7501.md?p=2) for any [air pollutant](/usc/42/7602.md?p=g) may be [modified](/usc/42/7501.md?p=4) after November 15, 1990, in any manner unless the [modification](/usc/42/7501.md?p=4) insures equivalent or greater emission reductions of such [air pollutant](/usc/42/7602.md?p=g).