42 U.S.C. § 7509a — International border areas
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 382 words · no verdicts yet
A plan may be approved when outside-U.S. emissions prevent a State from showing attainment and maintenance by the required date, if the plan otherwise meets the chapter and the State proves the outside emissions are responsible. Similar exemptions apply to specified ozone, carbon monoxide, and PM–10 consequences.
(a) Implementation plans and revisions. Despite any other law, the Administrator* must approve a required plan or revision if—(1) it meets all applicable chapter requirements except showing attainment and maintenance by the required date; and (2) the State* proves the plan would attain and maintain the standards by that date but for emissions from outside the United States. (b) Attainment of ozone levels. A State proving that an ozone nonattainment area* would have attained the ozone standard by the date but for outside-U.S. emissions is not subject to section 7511(a)(2) or (5), or section 7511d. (c) Attainment of carbon monoxide levels. A State proving that a carbon monoxide nonattainment area attained the carbon monoxide standard by the date but for outside-U.S. emissions is not subject to section 7512(b)(2) or (9). (d) Attainment of PM–10* levels. A State proving that a PM–10 nonattainment area would have attained the national ambient air-quality standard for PM–10 by the applicable attainment date but for emissions from outside the United States is not subject to section 7513(b)(2).
Notwithstanding any other provision of law, an implementation plan or plan revision required under this chapter shall be approved by the Administrator* if—
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
the submitting State* establishes to the satisfaction of the Administrator that the implementation plan of such State 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.
Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to an ozone nonattainment area* in such State, such State 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) or (5) of this title or section 7511d of this title.
Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator, with respect to a carbon monoxide nonattainment area in such State, that such State 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) or (9) 2 of this title.
Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to a PM–10 nonattainment area in such State, such State 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.
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.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2697
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.
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