---
kind: "section"
citation: "42 U.S.C. § 7509a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7509a"
heading: "International border areas"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7509a"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part D — Plan Requirements for Nonattainment Areas"
  - "Subpart 1 — nonattainment areas in general"
---

# §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 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 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.
- (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 for ozone by the applicable attainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of [section 7511(a)(2)](/usc/42/7511.md?p=a-2) or (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 for carbon monoxide by the applicable attainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of [section 7512(b)(2)](/usc/42/7512.md?p=b-2) or (9)[^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 for carbon monoxide by the applicable attainment date, but for emissions emanating from outside the United States, shall not be subject to the provisions of [section 7513(b)(2) of this title](/usc/42/7513.md?p=b-2).

## Footnotes

[^1]: So in original. Probably should be “this”.
[^2]: So in original. Section 7512(b) of this title does not contain a par. (9).

## Source credit

(July 14, 1955, ch. 360, title I, § 179B, as added Pub. L. 101–549, title VIII, § 818, Nov. 15, 1990, 104 Stat. 2697.)

## Notes

### Statutory Notes and Related Subsidiaries

### Establishment of Program To Monitor and Improve Air Quality in Regions Along Border Between United States and Mexico

Pub. L. 101–549, title VIII, § 815, Nov. 15, 1990, 104 Stat. 2693, provided that the Administrator of the Environmental Protection Agency was authorized, in cooperation with the Department of State and the affected border States, to negotiate with representatives of Mexico to authorize a program, not to extend beyond July 1, 1995, to monitor and improve air quality in regions along the border between the United States and Mexico, with requirements for monitoring, remediation, annual reports, and funding and personnel.