---
kind: "section"
citation: "42 U.S.C. § 7511a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7511a"
heading: "Plan submissions and requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7511a"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part D — Plan Requirements for Nonattainment Areas"
  - "Subpart 2 — additional provisions for ozone nonattainment areas"
---

# §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 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 and maintenance program, 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 and maintenance program of no less stringency than that of either the program 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 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/42/7550.md?p=2) inspection and maintenance programs required by this chapter, taking into consideration the [Administrator](/usc/42/7602.md?p=a)’s investigations and audits of such program. The guidance shall, at a minimum, cover the frequency of inspections, 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 methods and procedures, quality of inspection, components covered, assurance that a vehicle subject to a recall notice from a [manufacturer](/usc/42/7550.md?p=1) 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 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 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 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 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 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](/usc/42/13641.md?p=4) or operator of each [stationary source](/usc/42/7602.md?p=z) 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 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 of [stationary sources](/usc/42/7602.md?p=z) 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 of emissions from such class or category 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 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, 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 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/42/7602.md?p=z) 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 (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 in [nonattainment areas](/usc/42/7501.md?p=2) of the next higher category.

    - (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 NO<sub>x</sub> 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 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/42/7550.md?p=2) 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/42/7550.md?p=2) inspection and maintenance programs).
  - (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 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/42/7550.md?p=2). 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 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, in the case of gasoline dispensing facilities for which [construction](/usc/42/7479.md?p=2-C) [commenced](/usc/42/7479.md?p=2-A) after November 15, 1990;
      - (ii) one year after the adoption date, in the case of gasoline dispensing facilities 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; or
      - (iii) 2 years after the adoption date, in the case of all other gasoline dispensing facilities.

      Any gasoline dispensing facility 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/42/7550.md?p=2).
  - (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 and maintenance program 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).
  - (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](/usc/42/7602.md?p=j)” include (in addition to the sources described in [section 7602 of this title](/usc/42/7602.md)) any [stationary source](/usc/42/7602.md?p=z) 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 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 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 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 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 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 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) (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)), 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 NO<sub>x</sub> 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 to reduce hydrocarbon emissions and NO<sub>x</sub> emissions from in-use [motor vehicles](/usc/42/7550.md?p=2) 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 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 and maintenance programs. Such guidance shall include—
      - (i) a performance standard achievable by a program combining emission testing, including on-road emission testing, with inspection to detect tampering with emission control devices and misfueling for all light-duty vehicles and all [light-duty trucks](/usc/42/7550.md?p=7) subject to standards under [section 7521 of this title](/usc/42/7521.md); and
      - (ii) program 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.

      Compliance with the performance standard 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 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, 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 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 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, in combination with other features of the program 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.
      - (vi) Operation of the program 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 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 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 required under this paragraph based on data collected during inspection 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](/usc/42/7581.md?p=7) program prescribed under part C of subchapter II, including all measures necessary to make the use of [clean alternative fuels](/usc/42/7581.md?p=2) in [clean-fuel vehicles](/usc/42/7581.md?p=7) (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 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](/usc/42/7581.md?p=7) program 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](/usc/42/7581.md?p=7) program 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](/usc/5/553.md) through [557](/usc/5/557.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](/usc/42/7581.md?p=7) program 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 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](/usc/42/7581.md?p=7) 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 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 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/42/7602.md?p=z) 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](/usc/42/7602.md?p=j) 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, or other pollutant 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](/usc/42/13641.md?p=4) or operator of the source elects to offset the increase by a greater reduction in emissions of volatile organic compounds concerned from other operations, units, or activities within the source at an internal offset ratio of at least 1.3 to 1. If the [owner](/usc/42/13641.md?p=4) or operator 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](/usc/42/7479.md?p=3) (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](/usc/42/7602.md?p=j) 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, or other pollutant 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](/usc/42/13641.md?p=4) or operator of the source elects to offset the increase by a greater reduction in emissions of volatile organic compounds from other operations, units, 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](/usc/42/7602.md?p=j)” include (in addition to the sources described in [section 7602 of this title](/usc/42/7602.md)) any [stationary source](/usc/42/7602.md?p=z) 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/42/7550.md?p=2) 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 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; 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 to reduce work-related vehicle trips and miles travelled by employees. 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, 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 may, in accordance with [State](/usc/42/7602.md?p=d) law, remove 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 in the [nonattainment area](/usc/42/7501.md?p=2) to use [best available control technology](/usc/42/7479.md?p=3) (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](/usc/42/7602.md?p=j)” includes[^8] (in addition to the sources described in [section 7602 of this title](/usc/42/7602.md)) any [stationary source](/usc/42/7602.md?p=z) 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 in the [nonattainment area](/usc/42/7501.md?p=2) to use [best available control technology](/usc/42/7479.md?p=3) (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](/usc/42/7602.md?p=j) which results in any increase in emissions from any discrete operation, unit, or other pollutant 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](/usc/42/13641.md?p=4) or operator 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, 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 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 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 NO<sub>x</sub> 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 NO<sub>x</sub> 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 NO<sub>x</sub> 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 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), [(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 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 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 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 may include a nondiscriminatory system, consistent with applicable law regarding interstate [commerce](/usc/42/7550.md?p=6), 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 of products the use of which contributes to ozone formation, or any combination of the foregoing or other similar measures. The program 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 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/42/7602.md?p=z), 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/42/13641.md?p=2) 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 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 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 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, NO<sub>x</sub>) 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)](#b) through [(d)](#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 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 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.

## Footnotes

[^1]: So in original. Probably should be “subparagraph”.
[^2]: So in original. Probably should be section “7625”.
[^3]: So in original. Probably should be “increased”.
[^4]: So in original. No subpar. (B) has been enacted.
[^5]: So in original. Probably should be “subsections”.
[^6]: So in original. Probably should be “paragraphs”.
[^7]: So in original. Probably should be “de minimis”.
[^8]: So in original. Probably should be “include”.

## Source credit

(July 14, 1955, ch. 360, title I, § 182, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2426; amended Pub. L. 104–70, § 1, Dec. 23, 1995, 109 Stat. 773.)

## Notes

### Editorial Notes

### References in Text

The Natural Gas Policy Act of 1978, referred to in subsec. (e)(3), is Pub. L. 95–621, Nov. 9, 1978, 92 Stat. 3350. Title III of the Act is classified generally to subchapter III (§ 3361 et seq.) of chapter 60 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of Title 15 and Tables.

### Amendments

1995—Subsec. (d)(1)(B). Pub. L. 104–70 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Within 2 years after November 15, 1990, the State shall submit a revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles traveled by employees. Such revision shall be developed in accordance with guidance issued by the Administrator pursuant to section 7408(f) of this title and shall, at a minimum, require that each employer of 100 or more persons in such area increase average passenger occupancy per vehicle in commuting trips between home and the workplace during peak travel periods by not less than 25 percent above the average vehicle occupancy for all such trips in the area at the time the revision is submitted. The guidance of the Administrator may specify average vehicle occupancy rates which vary for locations within a nonattainment area (suburban, center city, business district) or among nonattainment areas reflecting existing occupancy rates and the availability of high occupancy modes. The revision shall provide that each employer subject to a vehicle occupancy requirement shall submit a compliance plan within 2 years after the date the revision is submitted which shall convincingly demonstrate compliance with the requirements of this paragraph not later than 4 years after such date.”

### Statutory Notes and Related Subsidiaries

### Moratorium on Certain Emissions Testing Requirements

Pub. L. 104–59, title III, § 348, Nov. 28, 1995, 109 Stat. 617, provided that: In General.—The Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the ‘Administrator’) shall not require adoption or implementation by a State of a test-only I/M240 enhanced vehicle inspection and maintenance program as a means of compliance with section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a; 7512a), but the Administrator may approve such a program if a State chooses to adopt the program as a means of compliance with such section. Limitation on Plan Disapproval.—The Administrator shall not disapprove or apply an automatic discount to a State implementation plan revision under section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a; 7512a) on the basis of a policy, regulation, or guidance providing for a discount of emissions credits because the inspection and maintenance program in such plan revision is decentralized or a test-and-repair program.Emissions Reduction Credits.— State plan revision; approval.—Within 120 days of the date of the enactment of this subsection [Nov. 28, 1995], a State may submit an implementation plan revision proposing an interim inspection and maintenance program under section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a; 7512a). The Administrator shall approve the program based on the full amount of credits proposed by the State for each element of the program if the proposed credits reflect good faith estimates by the State and the revision is otherwise in compliance with such Act. If, within such 120-day period, the State submits to the Administrator proposed revisions to the implementation plan, has all of the statutory authority necessary to implement the revisions, and has proposed a regulation to make the revisions, the Administrator may approve the revisions without regard to whether or not such regulation has been issued as a final regulation by the State. Expiration of interim approval.—The interim approval shall expire on the earlier of (A) the last day of the 18-month period beginning on the date of the interim approval, or (B) the date of final approval. The interim approval may not be extended. Final approval.—The Administrator shall grant final approval of the revision based on the credits proposed by the State during or after the period of interim approval if data collected on the operation of the State program demonstrates that the credits are appropriate and the revision is otherwise in compliance with the Clean Air Act [42 U.S.C. 7401 et seq.]. Basis of approval; no automatic discount.—Any determination with respect to interim or full approval shall be based on the elements of the program and shall not apply any automatic discount because the program is decentralized or a test-and-repair program.”