42 U.S.C. § 7511a — Plan submissions and requirements
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 8,370 words · no verdicts yet
This section requires States to submit and update implementation plans for ozone nonattainment areas. The requirements become more detailed as an area moves from Marginal to Moderate, Serious, Severe, or Extreme classification, and the section also sets NOx, milestone, rural-area, and multi-State rules.
(a) Marginal Areas. A State* containing all or part of a Marginal Area must submit the plan revisions and plan items required here, unless it had already submitted them by November 15, 1990. (1) Inventory. Within 2 years after that date, the State must submit a complete, accurate, current inventory of actual emissions from all sources, as described in section 7502(c)(3), following the Administrator’s guidance. (2) Corrections to the plan. (A) RACT corrections. Within 6 months after classification under section 7511(a), the State must revise the plan to correct or add reasonably available control technology requirements required by the pre-November 15, 1990 version of section 7502(b), as interpreted in the Administrator’s earlier guidance. (B) Vehicle inspection and maintenance savings clause. (i) If the plan already includes, or was required to include, a specific schedule for a vehicle-emission inspection and maintenance program, the State must immediately submit a revision providing a program at least as strict as the stricter of the program described in the cited House report and guidance or the program already in the plan. (ii) Within 12 months, the Administrator* must review, revise, update, and republish the guidance for these programs in the Federal Register, considering investigations and audits. At minimum, it must address inspection frequency; vehicle types, including leased vehicles registered in the nonattainment area*; owner* and operator maintenance; State audits; test methods and whether testing is centralized or decentralized; inspection procedures and quality; covered parts; compliance with manufacturer recalls; and enforcement. A failed vehicle’s retest must require proof of correction, and registration may be denied for tampering or misfueling. The guidance must leave States reasonable flexibility to create effective, reasonable, and fair programs. Within 2 years after regulations under section 7521(m)(3) are issued, the State must revise its program to meet requirements prescribed under that section. (C) Permit programs. Within 2 years, the State must submit provisions requiring permits under sections 7502(c)(5) and 7503 for construction and operation of each new or modified* major stationary source* for ozone in the area, and provisions correcting or adding the permit-program requirements required by the pre-1990 version of section 7502(b)(6) and the Administrator’s regulations in effect on November 15, 1990. (3) Periodic inventory. (A) Every 3 years after the first inventory, until redesignation to attainment, the State must submit a revised inventory meeting paragraph (1). (B) (i) Within 2 years, the State must require each owner or operator of a stationary source of NOx or VOC* to give the State a statement, in the form prescribed by the Administrator or an equivalent State form, showing actual emissions. The first statement is due within 3 years, and later statements are due at least yearly. The person* certifying it must certify that it is accurate to the best of that person’s knowledge. (ii) The State may waive this requirement for a class or category emitting less than 25 tons per year of VOC or NOx if its inventory submission includes emissions from that class or category using the Administrator’s emission factors or another acceptable method. (4) Offsets. For an emission offset, total VOC reductions must be at least 1.1 times total increased VOC emissions. The Administrator may require a schedule for these submissions. These requirements replace any requirement to demonstrate attainment by the applicable date in a Marginal Area. The contingency-measure rule in section 7502(c)(9) does not apply to Marginal Areas.
(b) Moderate Areas. A State containing all or part of a Moderate Area must meet subsection (a) and the following requirements. (1) Reasonable further progress*. (A) (i) Within 3 years, the State must revise the plan to reduce VOC emissions by at least 15 percent from baseline emissions within 6 years, while accounting for post-1990 growth. The plan must also require the specific yearly VOC and NOx reductions needed for ozone attainment by the applicable date. This NOx requirement does not apply if the Administrator determines when approving the plan that extra NOx reductions would not help attainment. (ii) A State may use a percentage below 15 only if it shows that: (I) extreme-area-style new-source review applies, including stationary sources or commonly controlled groups emitting or potentially emitting at least 5 tons of VOC yearly; (II) RACT is required for all such existing major sources; and (III) the lower-percentage plan includes every measure that technology makes feasible. The State must also show that the plan includes measures already achieved in practice by the same source category in areas of the next higher classification. (B) “Baseline emissions” means total actual VOC or NOx emissions from all human-caused sources in the area during 1990, excluding emissions that the regulations in (D)(i) and (ii) would eliminate. (C) Except as stated in (D), a reduction counts toward 15 percent only if it actually occurred by the end of the 6-year period through a measure required by the plan, an Administrator rule, or a title V permit. (D) These reductions do not count: (i) reductions from Administrator motor-vehicle exhaust or evaporative-emission measures promulgated by January 1, 1990; (ii) reductions from Reid Vapor Pressure rules promulgated by November 15, 1990, or required under section 7545(h); (iii) measures required by (a)(2)(A); or (iv) measures required by (a)(2)(B) immediately after November 15, 1990. (2) RACT. The State must require RACT for each VOC-source category covered by a CTG* issued between November 15, 1990 and attainment; all VOC sources covered by an earlier CTG; and all other major VOC stationary sources in the area. The first category’s revision is due within the period set by the Administrator. The other revisions are due within 2 years and must implement the measures as soon as practicable, no later than May 31, 1995. (3) Gasoline vapor recovery. Within 2 years, the State must require owners and operators of gasoline-dispensing systems to install and operate vapor-recovery systems by the applicable date. This applies only to facilities selling more than 10,000 gallons per month, or more than 50,000 gallons for an independent small-business gasoline marketer. The deadline is 6 months after the State’s adoption date for facilities whose construction began after November 15, 1990; 1 year after that date for facilities dispensing at least 100,000 gallons monthly based on the prior 2 years; and 2 years for all others. A facility in both first categories follows the 6-month deadline. “Adoption date” means the date the State adopts the vapor-recovery requirements. (4) The State must immediately submit a vehicle inspection and maintenance revision meeting (a)(2)(B), whether or not the area previously had to include a schedule. (5) Offsets must provide at least 1.15 tons of VOC reductions for each ton of increased VOC emissions.
(c) Serious Areas. Except as paragraph (4) says otherwise, a State containing all or part of a Serious Area must make the Moderate-Area submissions and the additional submissions here. “Major source” and “major stationary source” also include a contiguous, commonly controlled stationary source or group emitting or potentially emitting at least 50 tons of VOC per year. (1) Enhanced monitoring. Within 18 months, after notice and public comment, the Administrator must issue rules for enhanced ozone, NOx, and VOC monitoring, including monitor location and maintenance. Afterward the State must adopt and implement a program improving ambient and emissions monitoring, and the plan must contain ambient-monitoring improvements. (2) Demonstrations. Within 4 years, the State must submit: (A) an attainment demonstration showing that the revised plan will attain the ozone standard by the applicable date, based on photochemical grid modeling or an equally effective method chosen by the Administrator; (B) a reasonable-further-progress demonstration showing average VOC reductions in each consecutive 3-year period beginning 6 years after November 15, 1990, of at least 3 percent of baseline emissions yearly, or less if the State proves that all technologically feasible measures are included and that the next-higher-classification source measures achieved in practice are included. Any reduced percentage must be reconsidered at each milestone. Reductions are calculated under (b)(1)(C) and (D), and qualifying reductions before the period may count to the extent they exceed the 15 percent required under (b)(1)(A); or (C) instead, a demonstration that VOC and NOx reductions will reduce ozone at least as much as the required VOC reductions. The Administrator must issue guidance within 1 year about substituting or combining NOx and VOC controls, and a lower VOC percentage may be accepted under that guidance. (3) Enhanced vehicle inspection and maintenance. Within 2 years, the State must provide an enhanced program for in-use motor vehicles in each Census urbanized area in the area with a 1980 population of at least 200,000. The program must start within 2 years and follow the Administrator’s Federal Register guidance, including a performance standard using emissions testing, on-road testing, tampering and misfueling checks, and management features. It must include computerized analyzers; no warranty or tampering waivers except as stated; if nonwarranty waivers are allowed, at least $450 in qualifying repairs adjusted by the Consumer Price Index; registration denial unless an older program is shown more effective; annual testing unless an equally effective biennial program is approved; centralized operation unless an equally effective decentralized program is shown; and diagnostic-system inspection and repair. The State must report every 2 years on reductions using the Administrator’s method. (4) Clean-fuel vehicles. Within 42 months, the State must support the applicable clean-fuel program, including making clean fuels economically usable by vehicle owners, unless the Administrator approves a substitute. A substitute must consist only of measures not otherwise required for the area and must achieve equal long-term ozone-producing and toxic-emission reductions. It must be submitted within 24 months, published on receipt, and approved or disapproved within 30 months. If the State fails to submit a required part, it cannot claim the corresponding Federal-program reductions in attainment or progress demonstrations. (5) Transportation control. Beginning 6 years after November 15, 1990 and every 3 years, the State must compare current vehicle miles, emissions, congestion, and other relevant measures with the attainment demonstration. If they exceed projected levels, within 18 months the State must submit enforceable transportation-control measures that bring emissions back to projected levels, with schedules for fast reductions and funding. (6) De minimis rule. An increase from a physical or operational change is not de minimis for permit purposes unless the source’s net increase, combined with all other net increases over the 5-year period including the year of the increase, is no more than 25 tons. (7) Sources under 100 tons. For a major VOC source emitting or potentially emitting under 100 tons yearly, a non-de-minimis increase from a discrete operation, unit, or activity is a modification. It is not a modification if the owner offsets it internally with a greater VOC reduction at a 1.3-to-1 ratio. Without that election, BACT replaces LAER for section 7503(a)(2). (8) Sources of 100 tons or more. Such an increase is a modification, but LAER does not apply if the owner elects the same 1.3-to-1 internal offset. (9) The plan must contain automatic contingency measures for failure to meet a milestone. (10) Offsets must be at least 1.2 to 1.
(d) Severe Areas. A State must meet the Serious-Area requirements. “Major source” also includes a contiguous, commonly controlled source or group emitting or potentially emitting at least 25 tons of VOC yearly. (1) Within 2 years, the State must adopt enforceable transportation strategies and measures that offset growth in vehicle miles or trips and achieve needed motor-vehicle reductions. It must consider section 7408(f) measures, preserve access to downtown, commercial, and residential areas, and avoid shifting emissions or congestion. The State may also require employers to reduce work trips and miles, including by increasing average occupancy; older employer provisions may be removed or withdrawn if equivalent alternatives are undertaken and reported to the Administrator. (2) Offsets must be at least 1.3 to 1, or 1.2 to 1 if the plan requires BACT at all existing major sources for VOC. (3) By December 31, 2000, the State must submit the section 7511d enforcement provisions. References incorporated from subsections (b) and (c) use the Severe-Area attainment date.
(e) Extreme Areas. A State must meet the Severe-Area requirements. The lower-than-3-percent option, the Serious-Area paragraphs on de minimis and source modifications*, and the lower-than-15-percent option do not apply. “Major source” also includes a contiguous, commonly controlled source or group emitting or potentially emitting at least 10 tons of VOC yearly. (1) Offsets must be at least 1.5 to 1, or 1.2 to 1 if all existing major sources must use BACT for VOC. (2) Any emissions-increasing change at a major stationary source is a modification. The owner may avoid that treatment* for offset purposes by internally offsetting the increase with a greater reduction at 1.3 to 1. This part’s offsets do not apply to an existing-source modification that only installs equipment required by the plan, a permit, or this chapter. (3) Within 3 years, the State must require, effective 8 years after November 15, 1990, each new, modified, and existing electric utility or industrial or commercial boiler emitting over 25 tons of NOx yearly to burn natural gas, methanol, ethanol, or a comparably low-polluting fuel as its primary fuel, or use advanced control technology. “Primary fuel” means fuel used at least 90 percent of operating time. The rule does not apply during a natural-gas supply emergency as defined in the cited Act. (4) The plan may establish heavy-traffic-hour controls on high-polluting or heavy-duty vehicles. (5) The Administrator may approve plans anticipating new or improved technology if the State shows the provisions are unnecessary for the first 10 years’ incremental reductions and makes enforceable commitments for contingency measures. Those measures must be submitted at least 3 years before proposed implementation, be approved under section 7410, achieve required periodic reductions and attainment, and be required by the Administrator if anticipated technology fails. Incorporated references use the Extreme-Area attainment date.
(f) NOx requirements. VOC plan provisions also apply to major NOx stationary sources defined by section 7602 and this section. They do not apply where the Administrator finds net air-quality benefits are greater without the reductions, or, outside an ozone transport region, where extra NOx would not help attainment, or inside one where extra NOx would not produce net ozone benefits. The Administrator must consider the section 7511f study. (2) (A) If paragraph (1) would cause excess NOx reductions, the Administrator may limit it to avoid them. (B) “Excess reductions” means reductions the Administrator finds give greater net air-quality benefits when absent, or, outside a transport region, would not help attainment, or inside one, would not produce net ozone benefits. (3) After the final study report reaches Congress, any person may petition for a determination under (1) or (2), and the Administrator must grant or deny it within 6 months.
(g) Milestones. (1) Six years after November 15, 1990 and every 3 years afterward, each State must determine whether each Serious, Severe, or Extreme area achieved the required reductions for that interval. (2) Within 90 days after a milestone, each State must submit the required demonstration, unless the milestone is an attained attainment date. The Administrator must decide adequacy within 90 days after receiving all required information. (3) If a Serious or Severe area lacks a timely demonstration or misses a milestone, the State must within 90 days choose reclassification, specified extra contingency measures, or an economic incentive program. The Administrator reviews an extra-measure plan within 90 days and may require more. An election is deemed accepted. If no election is made within 90 days or the following 6 months, reclassification occurs by law. Within 12 months after the election deadline the State must submit a plan revision; the Administrator must approve or disapprove it within 9 months. (4) An incentive program must follow Administrator rules and achieve the next milestone. It may use nondiscriminatory State emissions fees, marketable permits, product fees, similar measures, and vehicle-emission or mileage incentives. Within 2 years the Administrator must publish model rules for permitted, area, and mobile sources. Revenue may fund emission-reduction incentives; technology or lower-pollution solvent and coating development, with no more than 75 percent of a project’s cost paid; and State administrative costs, which may use no more than 50 percent. (5) For an Extreme Area failure, within 9 months the State must submit such an incentive-program revision, which the Administrator reviews within 9 months.
(h) Rural transport areas. A State’s ozone nonattainment area that is not in or adjacent to a Census Metropolitan Statistical Area, and that the Administrator treats as rural transport, satisfies this section by making the Marginal-Area submissions. The Administrator may make that treatment if in-area VOC sources, and relevant NOx sources, do not significantly contribute to measured ozone in that or other areas.
(i) Reclassified areas. A State with an area reclassified under section 7511(b)(2) must meet the applicable requirements of subsections (b) through (d) on their schedules. The Administrator may adjust non-attainment-date deadlines as needed for consistency.
(j) Multi-State areas. (1) Each State containing part of one multi-State ozone nonattainment area must coordinate the substance and procedure of its plan revisions and implementation with the other States, and use photochemical grid modeling or an equally effective method chosen by the Administrator. The Administrator may not approve a noncompliant revision. (2) If one State cannot demonstrate attainment because another State failed to commit to all required measures, it may petition the Administrator for that finding. If the Administrator makes it, sanctions under section 7509 do not apply in the petitioning State’s portion because of that failed demonstration.
Each State* 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* the State implementation plan revisions (including the plan items) described under this subsection except to the extent the State has made such submissions as of November 15, 1990.
Within 2 years after November 15, 1990, the State shall submit a comprehensive, accurate, current inventory of actual emissions from all sources, as described in section 7502(c)(3) of this title, in accordance with guidance provided by the Administrator.
Within the periods prescribed in this paragraph, the State shall submit a revision to the State implementation plan that meets the following requirements—
For any Marginal Area (or, within the Administrator’s discretion, portion thereof) the State shall submit, within 6 months of the date of classification under section 7511(a) of this title, 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 (as in effect immediately before November 15, 1990), as interpreted in guidance issued by the Administrator under section 7408 of this title before November 15, 1990.
For any Marginal Area (or, within the Administrator’s discretion, portion thereof), the plan for which already includes, or was required by section 7502(b)(11)(B) of this title (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 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 issued pursuant to section 7502(b)(11)(B) of this title (as in effect immediately before November 15, 1990) or the program already included in the plan, whichever is more stringent.
Within 12 months after November 15, 1990, the Administrator shall review, revise, update, and republish in the Federal Register the guidance for the States for motor vehicle inspection and maintenance programs required by this chapter, taking into consideration the Administrator’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*), vehicle maintenance by owners and operators, audits by the State, 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 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 implementation plans by the States shall provide the States with continued reasonable flexibility to fashion effective, reasonable, and fair programs for the affected consumer. No later than 2 years after the Administrator promulgates regulations under section 7521(m)(3) of this title (relating to emission control diagnostics), the State shall submit a revision to such program to meet any requirements that the Administrator may prescribe under that section.
Within 2 years after November 15, 1990, the State shall submit a revision that includes each of the following:
Provisions to require permits, in accordance with sections 7502(c)(5) and 7503 of this title, for the construction and operation of each new or modified* major stationary source* (with respect to ozone) to be located in the area.
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 (as in effect immediately before November 15, 1990), as interpreted in regulations of the Administrator promulgated as of November 15, 1990.
No later than the end of each 3-year period after submission of the inventory under paragraph (1) until the area is redesignated to attainment, the State shall submit a revised inventory meeting the requirements of subsection (a)(1).
Within 2 years after November 15, 1990, the State shall submit a revision to the State implementation plan to require that the owner* or operator of each stationary source of oxides of nitrogen or volatile organic compounds provide the State with a statement, in such form as the Administrator may prescribe (or accept an equivalent alternative developed by the State), 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.
The State may waive the application of clause (i) to any class or category of stationary sources which emit less than 25 tons per year of volatile organic compounds or oxides of nitrogen if the State, 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 or other methods acceptable to the Administrator.
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* shall be at least 1.1 to 1.
The Administrator may, in the Administrator’s discretion, require States 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 submit a demonstration that the applicable implementation plan* provides for attainment of the ozone standard by the applicable attainment date in any Marginal Area. Section 7502(c)(9) of this title (relating to contingency measures) shall not apply to Marginal Areas.
Each State 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) of this section (relating to Marginal Areas), and shall also submit the revisions to the applicable implementation plan described under this subsection.
By no later than 3 years after November 15, 1990, the State shall submit a revision to the applicable implementation plan 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 determines (when the Administrator approves the plan or plan revision) that additional reductions of oxides of nitrogen would not contribute to attainment.
A percentage less than 15 percent may be used for purposes of clause (i) in the case of any State which demonstrates to the satisfaction of the Administrator that—
new source review provisions are applicable in the nonattainment areas in the same manner and to the same extent as required under subsection (e) in the case of Extreme Areas (with the exception that, in applying such provisions, the terms “major source” and “major stationary source” shall include (in addition to the sources described in section 7602 of this title) any stationary source 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);
reasonably available control technology is required for all existing major sources (as defined in subclause (I)); and
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 must demonstrate to the satisfaction of the Administrator that the plan for the area includes the measures that are achieved in practice by sources in the same source category in nonattainment areas of the next higher category.
For purposes of subparagraph (A), the term “baseline emissions” means the total amount of actual VOC* 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) and (ii) of subparagraph (D).
Except as provided under subparagraph (D), emissions reductions are creditable toward the 15 percent required under subparagraph (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, rules promulgated by the Administrator, or a permit under subchapter V.
Emission reductions from the following measures are not creditable toward the 15 percent reductions required under subparagraph (A):
Any measure relating to motor vehicle exhaust or evaporative emissions promulgated by the Administrator by January 1, 1990.
Regulations concerning Reid Vapor Pressure promulgated by the Administrator by November 15, 1990, or required to be promulgated under section 7545(h) of this title.
Measures required under subsection (a)(2)(A) (concerning corrections to implementation plans prescribed under guidance by the Administrator).
Measures required under subsection (a)(2)(B) to be submitted immediately after November 15, 1990 (concerning corrections to motor vehicle inspection and maintenance programs).
The State shall submit a revision to the applicable implementation plan to include provisions to require the implementation of reasonably available control technology under section 7502(c)(1) of this title with respect to each of the following:
Each category of VOC sources in the area covered by a CTG* document issued by the Administrator between November 15, 1990, and the date of attainment.
All VOC sources in the area covered by any CTG issued before November 15, 1990.
All other major stationary sources of VOCs that are located in the area.
Each revision described in subparagraph (A) shall be submitted within the period set forth by the Administrator in issuing the relevant CTG document. The revisions with respect to sources described in subparagraphs (B) and (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.
Not later than 2 years after November 15, 1990, the State shall submit a revision to the applicable implementation plan to require all owners or operators of gasoline dispensing systems to install and operate, by the date prescribed under subparagraph (B), a system for gasoline vapor recovery of emissions from the fueling of motor vehicles. The Administrator 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 2 of this title).
The date required under subparagraph (A) shall be—
6 months after the adoption date, in the case of gasoline dispensing facilities for which construction commenced after November 15, 1990;
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
2 years after the adoption date, in the case of all other gasoline dispensing facilities.
Any gasoline dispensing facility described under both clause (i) and clause (ii) shall meet the requirements of clause (i).
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 of requirements for the installation and operation of a system for gasoline vapor recovery of emissions from the fueling of motor vehicles.
For all Moderate Areas, the State shall submit, immediately after November 15, 1990, a revision to the applicable implementation plan that includes provisions necessary to provide for a vehicle inspection and maintenance program as described in subsection (a)(2)(B) (without regard to whether or not the area was required by section 7502(b)(11)(B) of this title (as in effect immediately before November 15, 1990) to have included a specific schedule for implementation of such a program).
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 shall be at least 1.15 to 1.
Except as otherwise specified in paragraph (4), each State 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) (relating to Moderate Areas), and shall also submit the revisions to the applicable implementation plan (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) any stationary source 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.
In order to obtain more comprehensive and representative data on ozone air pollution, not later than 18 months after November 15, 1990, the Administrator 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 relating to enhanced monitoring, the State 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 implementation plan for the area shall contain measures to improve the ambient monitoring of such air pollutants.
Within 4 years after November 15, 1990, the State shall submit a revision to the applicable implementation plan that includes each of the following:
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, in the Administrator’s discretion, to be at least as effective.
A demonstration that the plan, as revised, will result in VOC emissions reductions from the baseline emissions described in subsection (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:
at least 3 percent of baseline emissions each year; or
an amount less than 3 percent of such baseline emissions each year, if the State demonstrates to the satisfaction of the Administrator 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), a State must demonstrate to the satisfaction of the Administrator that the plan for the area includes the measures that are achieved in practice by sources in the same source category in nonattainment areas of the next higher classification. Any determination to lessen the 3 percent requirement shall be reviewed at each milestone under subsection (g) and revised to reflect such new measures (if any) achieved in practice by sources in the same category in any State, 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) 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), that exceed the 15-percent amount of reductions required under subsection (b)(1)(A).
The revision may contain, in lieu of the demonstration required under subparagraph (B), a demonstration to the satisfaction of the Administrator that the applicable implementation plan, as revised, provides for reductions of emissions of VOC’s and oxides of nitrogen (calculated according to the creditability provisions of subsection (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 emission reductions required under subparagraph (B). Within 1 year after November 15, 1990, the Administrator shall issue guidance concerning the conditions under which NOx control may be substituted for VOC control or may be combined with VOC control in order to maximize the reduction in ozone air pollution. In accord with such guidance, a lesser percentage of VOCs may be accepted as an adequate demonstration for purposes of this subsection.
Within 2 years after November 15, 1990, the State shall submit a revision to the applicable implementation plan to provide for an enhanced program to reduce hydrocarbon emissions and NOx emissions from in-use motor vehicles registered in each urbanized area (in the nonattainment area), as defined by the Bureau of the Census, with a 1980 population of 200,000 or more.
The State program required under subparagraph (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 for enhanced vehicle inspection and maintenance programs. Such guidance shall include—
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 subject to standards under section 7521 of this title; and
program administration features necessary to reasonably assure that adequate management resources, tools, and practices* are in place to attain and maintain the performance standard.
Compliance with the performance standard under clause (i) shall be determined using a method to be established by the Administrator.
The State program required under subparagraph (A) shall include, at a minimum, each of the following elements—
Computerized emission analyzers, including on-road testing devices.
No waivers for vehicles and parts covered by the emission control performance warranty as provided for in section 7541(b) of this title unless a warranty remedy has been denied in writing, or for tampering-related repairs.
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 on the basis of the Consumer Price Index in the same manner as provided in subchapter V).
Enforcement through denial of vehicle registration (except for any program in operation before November 15, 1990, whose enforcement mechanism is demonstrated to the Administrator to be more effective than the applicable vehicle registration program in assuring that noncomplying vehicles are not operated on public roads).
Annual emission testing and necessary adjustment, repair, and maintenance, unless the State demonstrates to the satisfaction of the Administrator 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.
Operation of the program on a centralized basis, unless the State demonstrates to the satisfaction of the Administrator 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, as equally effective for such purposes.
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 shall biennially prepare a report to the Administrator 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.
Except to the extent that substitute provisions have been approved by the Administrator under subparagraph (B), the State shall submit to the Administrator, within 42 months of November 15, 1990, a revision to the applicable implementation plan 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 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. 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.
The Administrator shall approve, as a substitute for all or a portion of the clean-fuel vehicle program prescribed under part C of subchapter II, any revision to the relevant applicable implementation plan that in the Administrator’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 for which the revision is to substitute. The Administrator may approve such revision only if it consists exclusively of provisions other than those required under this chapter for the area. Any State seeking approval of such revision must submit the revision to the Administrator within 24 months of November 15, 1990. The Administrator shall approve or disapprove any such revision within 30 months of November 15, 1990. The Administrator shall publish the revision submitted by a State 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 of title 5 (related to notice and comment). Where the Administrator approves such revision for any area, the State need not submit the revision required by subparagraph (A) for the area with respect to the portions of the Federal clean-fuel vehicle program for which the Administrator has approved the revision as a substitute.
If the Administrator determines, under section 7509 of this title, that the State has failed to submit any portion of the program required under subparagraph (A), then, in addition to any sanctions available under section 7509 of this title, the State may not receive credit, in any demonstration of attainment or reasonable further progress 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.
4 Beginning 6 years after November 15, 1990, and each third year thereafter, the State 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 shall within 18 months develop and submit a revision of the applicable implementation plan that includes a transportation control measures program consisting of measures from, but not limited to, section 7408(f) of this title that will reduce emissions to levels that are consistent with emission levels projected in such demonstration. In considering such measures, the State 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 pursuant to section 7408(e) of this title and with the requirements of section 7504(b) of this title and shall include implementation and funding schedules that achieve expeditious emissions reductions in accordance with implementation plan projections.
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 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 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.
In the case of any major stationary source 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) 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 for purposes of section 7502(c)(5) of this title and section 7503(a) of this title, except that such increase shall not be considered a modification for such purposes if the owner 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 or operator does not make such election, such change shall be considered a modification for such purposes, but in applying section 7503(a)(2) of this title in the case of any such modification, the best available control technology (BACT), as defined in section 7479 of this title, shall be substituted for the lowest achievable emission rate* (LAER). The Administrator shall establish and publish policies and procedures for implementing the provisions of this paragraph.
In the case of any major stationary source 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) 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 for purposes of section 7502(c)(5) of this title and section 7503(a) of this title, except that if the owner 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 (concerning the lowest achievable emission rate (LAER)) shall not apply.
In addition to the contingency provisions required under section 7502(c)(9) of this title, 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 or the Administrator upon a failure by the State to meet the applicable milestone.
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 shall be at least 1.2 to 1.
Any reference to “attainment date” in subsection (b), which is incorporated by reference into this subsection, shall refer to the attainment date for serious areas.
Each State 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) (relating to Serious Areas), and shall also submit the revisions to the applicable implementation plan (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) any stationary source 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.
Within 2 years after November 15, 1990, the State 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 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 shall consider measures specified in section 7408(f) of this title, 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 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.
The State 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 pursuant to section 7408(f) of this title 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 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. Any State 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 law, remove such provisions from the implementation plan, or withdraw its submission, if the State notifies the Administrator, in writing, that the State 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.
For purposes of satisfying the offset requirements pursuant to this part, the ratio of total emission reductions of VOCs to total increased emissions of such air pollutant shall be at least 1.3 to 1, except that if the State plan requires all existing major sources in the nonattainment area to use best available control technology (as defined in section 7479(3) of this title) for the control of volatile organic compounds, the ratio shall be at least 1.2 to 1.
By December 31, 2000, the State shall submit a plan revision which includes the provisions required under section 7511d of this title.
Any reference to the term “attainment date” in subsection (b) or (c), which is incorporated by reference into this subsection (d), shall refer to the attainment date for Severe Areas.
Each State 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) (relating to Severe Areas), and shall also submit the revisions to the applicable implementation plan (including the plan items) described under this subsection. The provisions of clause (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) (relating to de minimus 7 rule and modification of sources), and the provisions of clause (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) any stationary source 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.
For purposes of satisfying the offset requirements pursuant to this part, the ratio of total emission reductions of VOCs to total increased emissions of such air pollutant shall be at least 1.5 to 1, except that if the State plan requires all existing major sources in the nonattainment area to use best available control technology (as defined in section 7479(3) of this title) for the control of volatile organic compounds, the ratio shall be at least 1.2 to 1.
Any change (as described in section 7411(a)(4) of this title) at a major stationary source 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 for purposes of section 7502(c)(5) of this title and section 7503(a) of this title, except that for purposes of complying with the offset requirement pursuant to section 7503(a)(1) of this title, any such increase shall not be considered a modification if the owner or operator of the source elects to offset the increase by a greater reduction in emissions of the air pollutant 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 of an existing source if such modification consists of installation of equipment required to comply with the applicable implementation plan, permit, or this chapter.
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, and existing electric utility and industrial and commercial boiler which emits more than 25 tons per year of oxides of nitrogen—
burn as its primary fuel natural gas, methanol, or ethanol (or a comparably low polluting fuel), or
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 et seq.]).
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.
The Administrator may, in accordance with section 7410 of this title, 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 demonstrates to the satisfaction of the Administrator that—
such provisions are not necessary to achieve the incremental emission reductions required during the first 10 years after November 15, 1990; and
the State 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 no later than 3 years before proposed implementation of the plan provisions and approved or disapproved by the Administrator in accordance with section 7410 of this title. 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) or (c)(2) and attainment by the applicable dates. If the Administrator determines that an Extreme Area has failed to achieve an emission reduction requirement set forth in subsection (b)(1) or (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 shall require the State to implement the contingency measures to the extent necessary to assure compliance with subsections (b)(1) and (c)(2).
Any reference to the term “attainment date” in subsection (b), (c), or (d) which is incorporated by reference into this subsection, shall refer to the attainment date for Extreme Areas.
The plan provisions required under this subpart for major stationary sources of volatile organic compounds shall also apply to major stationary sources (as defined in section 7602 of this title and subsections (c), (d), and (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 determines (when the Administrator 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—
nonattainment areas not within an ozone transport region under section 7511c of this title, if the Administrator determines (when the Administrator 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
nonattainment areas within such an ozone transport region if the Administrator determines (when the Administrator 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 shall, in the Administrator’s determinations, consider the study required under section 7511f of this title.
If the Administrator determines that excess reductions in emissions of NOx would be achieved under paragraph (1), the Administrator may limit the application of paragraph (1) to the extent necessary to avoid achieving such excess reductions.
For purposes of this paragraph, excess reductions in emissions of NOx are emission reductions for which the Administrator 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—
nonattainment areas not within an ozone transport region under section 7511c of this title, emission reductions that the Administrator determines would not contribute to attainment of the national ambient air quality standard for ozone in the area, or
nonattainment areas within such ozone transport region, emission reductions that the Administrator determines would not produce net ozone air quality benefits in such region.
At any time after the final report under section 7511f of this title is submitted to Congress, a person* may petition the Administrator for a determination under paragraph (1) or (2) with respect to any nonattainment area or any ozone transport region under section 7511c of this title. The Administrator shall grant or deny such petition within 6 months after its filing with the Administrator.
6 years after November 15, 1990, and at intervals of every 3 years thereafter, the State shall determine whether each nonattainment area (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) and the corresponding requirements of subsections (c)(2)(B) and (C), (d), and (e). Such reduction shall be referred to in this section as an applicable milestone.
For each nonattainment area referred to in paragraph (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 in which all or part of such area is located shall submit to the Administrator 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 shall require, by rule. The Administrator shall determine whether or not a State’s demonstration is adequate within 90 days after the Administrator’s receipt of a demonstration which contains the information and analysis required by the Administrator.
If a State fails to submit a demonstration under paragraph (2) for any Serious or Severe Area within the required period or if the Administrator determines that the area has not met any applicable milestone, the State shall elect, within 90 days after such failure or determination—
to have the area reclassified to the next higher classification,
to implement specific additional measures adequate, as determined by the Administrator, to meet the next milestone as provided in the applicable contingency plan, or
to adopt an economic incentive program as described in paragraph (4).
If the State makes an election under subparagraph (B), the Administrator shall, within 90 days after the election, review such plan and shall, if the Administrator finds the contingency plan inadequate, require further measures necessary to meet such milestone. Once the State makes an election, it shall be deemed accepted by the Administrator as meeting the election requirement. If the State 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 to make an election, the State shall submit a revision of the applicable implementation plan for the area that meets the requirements of this paragraph. The Administrator shall review such plan revision and approve or disapprove the revision within 9 months after the date of its submission.
An economic incentive program under this paragraph shall be consistent with rules published by the Administrator and sufficient, in combination with other elements of the State plan, to achieve the next milestone. The State program may include a nondiscriminatory system, consistent with applicable law regarding interstate commerce, of State established emissions fees or a system of marketable permits, or a system of State 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.
Within 2 years after November 15, 1990, the Administrator shall publish rules for the programs to be adopted pursuant to subparagraph (A). Such rules shall include model plan provisions which may be adopted for reducing emissions from permitted stationary sources, area sources, and mobile sources. The guidelines shall require that any revenues generated by the plan provisions adopted pursuant to subparagraph (A) shall be used by the State for any of the following:
Providing incentives for achieving emission reductions.
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* to develop such a technology or the costs of development of a lower-polluting solvent or surface coating.
Funding the administrative costs of State programs under this chapter. Not more than 50 percent of such revenues may be used for purposes of this clause.
If a State fails to submit a demonstration under paragraph (2) for any Extreme Area within the required period, or if the Administrator determines that the area has not met any applicable milestone, the State 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). The Administrator shall review such plan revision and approve or disapprove the revision within 9 months after the date of its submission.
Notwithstanding any other provision of section 7511 of this title or this section, a State containing an ozone nonattainment area 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, in the Administrator’s discretion, as a rural transport area within the meaning of paragraph (2), shall be treated by operation of law as satisfying the requirements of this section if it makes the submissions required under subsection (a) of this section (relating to marginal areas).
The Administrator may treat an ozone nonattainment area as a rural transport area if the Administrator finds that sources of VOC (and, where the Administrator 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.
Each State containing an ozone nonattainment area reclassified under section 7511(b)(2) of this title shall meet such requirements of subsections (b) through (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 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.
Each State in which there is located a portion of a single ozone nonattainment area which covers more than one State (hereinafter in this section referred to as a “multi-State ozone nonattainment area”) shall—
take all reasonable steps to coordinate, substantively and procedurally, the revisions and implementation of State implementation plans applicable to the nonattainment area concerned; and
use photochemical grid modeling or any other analytical method determined by the Administrator, in his discretion, to be at least as effective.
The Administrator may not approve any revision of a State implementation plan submitted under this part for a State in which part of a multi-State ozone nonattainment area is located if the plan revision for that State fails to comply with the requirements of this subsection.
If any State in which there is located a portion of a multi-State ozone nonattainment area 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 may petition the Administrator to make a finding that the State would have been able to make such demonstration but for the failure of one or more other States 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). If the Administrator makes such finding, the provisions of section 7509 of this title (relating to sanctions) shall not apply, by reason of the failure to make such demonstration, in the portion of the multi-State ozone nonattainment area within the State submitting such petition.
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.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2426
- 1995Amended · Pub. L. 104-70 · 109 Stat. 773
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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