-CITE-

42 USC Sec. 7413 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7413. Federal enforcement

-STATUTE-

(a) In general

(1) Order to comply with SIP

Whenever, on the basis of any information available to the

Administrator, the Administrator finds that any person has

violated or is in violation of any requirement or prohibition of

an applicable implementation plan or permit, the Administrator

shall notify the person and the State in which the plan applies

of such finding. At any time after the expiration of 30 days

following the date on which such notice of a violation is issued,

the Administrator may, without regard to the period of violation

(subject to section 2462 of title 28) -

(A) issue an order requiring such person to comply with the

requirements or prohibitions of such plan or permit,

(B) issue an administrative penalty order in accordance with

subsection (d) of this section, or

(C) bring a civil action in accordance with subsection (b) of

this section.

(2) State failure to enforce SIP or permit program

Whenever, on the basis of information available to the

Administrator, the Administrator finds that violations of an

applicable implementation plan or an approved permit program

under subchapter V of this chapter are so widespread that such

violations appear to result from a failure of the State in which

the plan or permit program applies to enforce the plan or permit

program effectively, the Administrator shall so notify the State.

In the case of a permit program, the notice shall be made in

accordance with subchapter V of this chapter. If the

Administrator finds such failure extends beyond the 30th day

after such notice (90 days in the case of such permit program),

the Administrator shall give public notice of such finding.

During the period beginning with such public notice and ending

when such State satisfies the Administrator that it will enforce

such plan or permit program (hereafter referred to in this

section as "period of federally assumed enforcement"), the

Administrator may enforce any requirement or prohibition of such

plan or permit program with respect to any person by -

(A) issuing an order requiring such person to comply with

such requirement or prohibition,

(B) issuing an administrative penalty order in accordance

with subsection (d) of this section, or

(C) bringing a civil action in accordance with subsection (b)

of this section.

(3) EPA enforcement of other requirements

Except for a requirement or prohibition enforceable under the

preceding provisions of this subsection, whenever, on the basis

of any information available to the Administrator, the

Administrator finds that any person has violated, or is in

violation of, any other requirement or prohibition of this

subchapter, section 7603 of this title, subchapter IV-A,

subchapter V, or subchapter VI of this chapter, including, but

not limited to, a requirement or prohibition of any rule, plan,

order, waiver, or permit promulgated, issued, or approved under

those provisions or subchapters, or for the payment of any fee

owed to the United States under this chapter (other than

subchapter II of this chapter), the Administrator may -

(A) issue an administrative penalty order in accordance with

subsection (d) of this section,

(B) issue an order requiring such person to comply with such

requirement or prohibition,

(C) bring a civil action in accordance with subsection (b) of

this section or section 7605 of this title, or

(D) request the Attorney General to commence a criminal

action in accordance with subsection (c) of this section.

(4) Requirements for orders

An order issued under this subsection (other than an order

relating to a violation of section 7412 of this title) shall not

take effect until the person to whom it is issued has had an

opportunity to confer with the Administrator concerning the

alleged violation. A copy of any order issued under this

subsection shall be sent to the State air pollution control

agency of any State in which the violation occurs. Any order

issued under this subsection shall state with reasonable

specificity the nature of the violation and specify a time for

compliance which the Administrator determines is reasonable,

taking into account the seriousness of the violation and any good

faith efforts to comply with applicable requirements. In any case

in which an order under this subsection (or notice to a violator

under paragraph (1)) is issued to a corporation, a copy of such

order (or notice) shall be issued to appropriate corporate

officers. An order issued under this subsection shall require the

person to whom it was issued to comply with the requirement as

expeditiously as practicable, but in no event longer than one

year after the date the order was issued, and shall be

nonrenewable. No order issued under this subsection shall prevent

the State or the Administrator from assessing any penalties nor

otherwise affect or limit the State's or the United States

authority to enforce under other provisions of this chapter, nor

affect any person's obligations to comply with any section of

this chapter or with a term or condition of any permit or

applicable implementation plan promulgated or approved under this

chapter.

(5) Failure to comply with new source requirements

Whenever, on the basis of any available information, the

Administrator finds that a State is not acting in compliance with

any requirement or prohibition of the chapter relating to the

construction of new sources or the modification of existing

sources, the Administrator may -

(A) issue an order prohibiting the construction or

modification of any major stationary source in any area to

which such requirement applies; (!1)

(B) issue an administrative penalty order in accordance with

subsection (d) of this section, or

(C) bring a civil action under subsection (b) of this

section.

Nothing in this subsection shall preclude the United States from

commencing a criminal action under subsection (c) of this section

at any time for any such violation.

(b) Civil judicial enforcement

The Administrator shall, as appropriate, in the case of any

person that is the owner or operator of an affected source, a major

emitting facility, or a major stationary source, and may, in the

case of any other person, commence a civil action for a permanent

or temporary injunction, or to assess and recover a civil penalty

of not more than $25,000 per day for each violation, or both, in

any of the following instances:

(1) Whenever such person has violated, or is in violation of,

any requirement or prohibition of an applicable implementation

plan or permit. Such an action shall be commenced (A) during any

period of federally assumed enforcement, or (B) more than 30 days

following the date of the Administrator's notification under

subsection (a)(1) of this section that such person has violated,

or is in violation of, such requirement or prohibition.

(2) Whenever such person has violated, or is in violation of,

any other requirement or prohibition of this subchapter, section

7603 of this title, subchapter IV-A, subchapter V, or subchapter

VI of this chapter, including, but not limited to, a requirement

or prohibition of any rule, order, waiver or permit promulgated,

issued, or approved under this chapter, or for the payment of any

fee owed the United States under this chapter (other than

subchapter II of this chapter).

(3) Whenever such person attempts to construct or modify a

major stationary source in any area with respect to which a

finding under subsection (a)(5) of this section has been made.

Any action under this subsection may be brought in the district

court of the United States for the district in which the violation

is alleged to have occurred, or is occurring, or in which the

defendant resides, or where the defendant's principal place of

business is located, and such court shall have jurisdiction to

restrain such violation, to require compliance, to assess such

civil penalty, to collect any fees owed the United States under

this chapter (other than subchapter II of this chapter) and any

noncompliance assessment and nonpayment penalty owed under section

7420 of this title, and to award any other appropriate relief.

Notice of the commencement of such action shall be given to the

appropriate State air pollution control agency. In the case of any

action brought by the Administrator under this subsection, the

court may award costs of litigation (including reasonable attorney

and expert witness fees) to the party or parties against whom such

action was brought if the court finds that such action was

unreasonable.

(c) Criminal penalties

(1) Any person who knowingly violates any requirement or

prohibition of an applicable implementation plan (during any period

of federally assumed enforcement or more than 30 days after having

been notified under subsection (a)(1) of this section by the

Administrator that such person is violating such requirement or

prohibition), any order under subsection (a) of this section,

requirement or prohibition of section 7411(e) of this title

(relating to new source performance standards), section 7412 of

this title, section 7414 of this title (relating to inspections,

etc.), section 7429 of this title (relating to solid waste

combustion), section 7475(a) of this title (relating to

preconstruction requirements), an order under section 7477 of this

title (relating to preconstruction requirements), an order under

section 7603 of this title (relating to emergency orders), section

7661a(a) or 7661b(c) of this title (relating to permits), or any

requirement or prohibition of subchapter IV-A of this chapter

(relating to acid deposition control), or subchapter VI of this

chapter (relating to stratospheric ozone control), including a

requirement of any rule, order, waiver, or permit promulgated or

approved under such sections or subchapters, and including any

requirement for the payment of any fee owed the United States under

this chapter (other than subchapter II of this chapter) shall, upon

conviction, be punished by a fine pursuant to title 18 or by

imprisonment for not to exceed 5 years, or both. If a conviction of

any person under this paragraph is for a violation committed after

a first conviction of such person under this paragraph, the maximum

punishment shall be doubled with respect to both the fine and

imprisonment.

(2) Any person who knowingly -

(A) makes any false material statement, representation, or

certification in, or omits material information from, or

knowingly alters, conceals, or fails to file or maintain any

notice, application, record, report, plan, or other document

required pursuant to this chapter to be either filed or

maintained (whether with respect to the requirements imposed by

the Administrator or by a State);

(B) fails to notify or report as required under this chapter;

or

(C) falsifies, tampers with, renders inaccurate, or fails to

install any monitoring device or method required to be maintained

or followed under this chapter (!2)

shall, upon conviction, be punished by a fine pursuant to title 18

or by imprisonment for not more than 2 years, or both. If a

conviction of any person under this paragraph is for a violation

committed after a first conviction of such person under this

paragraph, the maximum punishment shall be doubled with respect to

both the fine and imprisonment.

(3) Any person who knowingly fails to pay any fee owed the United

States under this subchapter, subchapter III, IV-A, V, or VI of

this chapter shall, upon conviction, be punished by a fine pursuant

to title 18 or by imprisonment for not more than 1 year, or both.

If a conviction of any person under this paragraph is for a

violation committed after a first conviction of such person under

this paragraph, the maximum punishment shall be doubled with

respect to both the fine and imprisonment.

(4) Any person who negligently releases into the ambient air any

hazardous air pollutant listed pursuant to section 7412 of this

title or any extremely hazardous substance listed pursuant to

section 11002(a)(2) of this title that is not listed in section

7412 of this title, and who at the time negligently places another

person in imminent danger of death or serious bodily injury shall,

upon conviction, be punished by a fine under title 18 or by

imprisonment for not more than 1 year, or both. If a conviction of

any person under this paragraph is for a violation committed after

a first conviction of such person under this paragraph, the maximum

punishment shall be doubled with respect to both the fine and

imprisonment.

(5)(A) Any person who knowingly releases into the ambient air any

hazardous air pollutant listed pursuant to section 7412 of this

title or any extremely hazardous substance listed pursuant to

section 11002(a)(2) of this title that is not listed in section

7412 of this title, and who knows at the time that he thereby

places another person in imminent danger of death or serious bodily

injury shall, upon conviction, be punished by a fine under title 18

or by imprisonment of not more than 15 years, or both. Any person

committing such violation which is an organization shall, upon

conviction under this paragraph, be subject to a fine of not more

than $1,000,000 for each violation. If a conviction of any person

under this paragraph is for a violation committed after a first

conviction of such person under this paragraph, the maximum

punishment shall be doubled with respect to both the fine and

imprisonment. For any air pollutant for which the Administrator has

set an emissions standard or for any source for which a permit has

been issued under subchapter V of this chapter, a release of such

pollutant in accordance with that standard or permit shall not

constitute a violation of this paragraph or paragraph (4).

(B) In determining whether a defendant who is an individual knew

that the violation placed another person in imminent danger of

death or serious bodily injury -

(i) the defendant is responsible only for actual awareness or

actual belief possessed; and

(ii) knowledge possessed by a person other than the defendant,

but not by the defendant, may not be attributed to the defendant;

except that in proving a defendant's possession of actual

knowledge, circumstantial evidence may be used, including evidence

that the defendant took affirmative steps to be shielded from

relevant information.

(C) It is an affirmative defense to a prosecution that the

conduct charged was freely consented to by the person endangered

and that the danger and conduct charged were reasonably foreseeable

hazards of -

(i) an occupation, a business, or a profession; or

(ii) medical treatment or medical or scientific experimentation

conducted by professionally approved methods and such other

person had been made aware of the risks involved prior to giving

consent.

The defendant may establish an affirmative defense under this

subparagraph by a preponderance of the evidence.

(D) All general defenses, affirmative defenses, and bars to

prosecution that may apply with respect to other Federal criminal

offenses may apply under subparagraph (A) of this paragraph and

shall be determined by the courts of the United States according to

the principles of common law as they may be interpreted in the

light of reason and experience. Concepts of justification and

excuse applicable under this section may be developed in the light

of reason and experience.

(E) The term "organization" means a legal entity, other than a

government, established or organized for any purpose, and such term

includes a corporation, company, association, firm, partnership,

joint stock company, foundation, institution, trust, society,

union, or any other association of persons.

(F) The term "serious bodily injury" means bodily injury which

involves a substantial risk of death, unconsciousness, extreme

physical pain, protracted and obvious disfigurement or protracted

loss or impairment of the function of a bodily member, organ, or

mental faculty.

(6) For the purpose of this subsection, the term "person"

includes, in addition to the entities referred to in section

7602(e) of this title, any responsible corporate officer.

(d) Administrative assessment of civil penalties

(1) The Administrator may issue an administrative order against

any person assessing a civil administrative penalty of up to

$25,000, per day of violation, whenever, on the basis of any

available information, the Administrator finds that such person -

(A) has violated or is violating any requirement or prohibition

of an applicable implementation plan (such order shall be issued

(i) during any period of federally assumed enforcement, or (ii)

more than thirty days following the date of the Administrator's

notification under subsection (a)(1) of this section of a finding

that such person has violated or is violating such requirement or

prohibition); or

(B) has violated or is violating any other requirement or

prohibition of this subchapter or subchapter III, IV-A, V, or VI

of this chapter, including, but not limited to, a requirement or

prohibition of any rule, order, waiver, permit, or plan

promulgated, issued, or approved under this chapter, or for the

payment of any fee owed the United States under this chapter

(other than subchapter II of this chapter); or

(C) attempts to construct or modify a major stationary source

in any area with respect to which a finding under subsection

(a)(5) of this section has been made.

The Administrator's authority under this paragraph shall be limited

to matters where the total penalty sought does not exceed $200,000

and the first alleged date of violation occurred no more than 12

months prior to the initiation of the administrative action, except

where the Administrator and the Attorney General jointly determine

that a matter involving a larger penalty amount or longer period of

violation is appropriate for administrative penalty action. Any

such determination by the Administrator and the Attorney General

shall not be subject to judicial review.

(2)(A) An administrative penalty assessed under paragraph (1)

shall be assessed by the Administrator by an order made after

opportunity for a hearing on the record in accordance with sections

554 and 556 of title 5. The Administrator shall issue reasonable

rules for discovery and other procedures for hearings under this

paragraph. Before issuing such an order, the Administrator shall

give written notice to the person to be assessed an administrative

penalty of the Administrator's proposal to issue such order and

provide such person an opportunity to request such a hearing on the

order, within 30 days of the date the notice is received by such

person.

(B) The Administrator may compromise, modify, or remit, with or

without conditions, any administrative penalty which may be imposed

under this subsection.

(3) The Administrator may implement, after consultation with the

Attorney General and the States, a field citation program through

regulations establishing appropriate minor violations for which

field citations assessing civil penalties not to exceed $5,000 per

day of violation may be issued by officers or employees designated

by the Administrator. Any person to whom a field citation is

assessed may, within a reasonable time as prescribed by the

Administrator through regulation, elect to pay the penalty

assessment or to request a hearing on the field citation. If a

request for a hearing is not made within the time specified in the

regulation, the penalty assessment in the field citation shall be

final. Such hearing shall not be subject to section 554 or 556 of

title 5, but shall provide a reasonable opportunity to be heard and

to present evidence. Payment of a civil penalty required by a field

citation shall not be a defense to further enforcement by the

United States or a State to correct a violation, or to assess the

statutory maximum penalty pursuant to other authorities in the

chapter, if the violation continues.

(4) Any person against whom a civil penalty is assessed under

paragraph (3) of this subsection or to whom an administrative

penalty order is issued under paragraph (1) of this subsection may

seek review of such assessment in the United States District Court

for the District of Columbia or for the district in which the

violation is alleged to have occurred, in which such person

resides, or where such person's principal place of business is

located, by filing in such court within 30 days following the date

the administrative penalty order becomes final under paragraph (2),

the assessment becomes final under paragraph (3), or a final

decision following a hearing under paragraph (3) is rendered, and

by simultaneously sending a copy of the filing by certified mail to

the Administrator and the Attorney General. Within 30 days

thereafter, the Administrator shall file in such court a certified

copy, or certified index, as appropriate, of the record on which

the administrative penalty order or assessment was issued. Such

court shall not set aside or remand such order or assessment unless

there is not substantial evidence in the record, taken as a whole,

to support the finding of a violation or unless the order or

penalty assessment constitutes an abuse of discretion. Such order

or penalty assessment shall not be subject to review by any court

except as provided in this paragraph. In any such proceedings, the

United States may seek to recover civil penalties ordered or

assessed under this section.

(5) If any person fails to pay an assessment of a civil penalty

or fails to comply with an administrative penalty order -

(A) after the order or assessment has become final, or

(B) after a court in an action brought under paragraph (4) has

entered a final judgment in favor of the Administrator,

the Administrator shall request the Attorney General to bring a

civil action in an appropriate district court to enforce the order

or to recover the amount ordered or assessed (plus interest at

rates established pursuant to section 6621(a)(2) of title 26 from

the date of the final order or decision or the date of the final

judgment, as the case may be). In such an action, the validity,

amount, and appropriateness of such order or assessment shall not

be subject to review. Any person who fails to pay on a timely basis

a civil penalty ordered or assessed under this section shall be

required to pay, in addition to such penalty and interest, the

United States enforcement expenses, including but not limited to

attorneys fees and costs incurred by the United States for

collection proceedings and a quarterly nonpayment penalty for each

quarter during which such failure to pay persists. Such nonpayment

penalty shall be 10 percent of the aggregate amount of such

person's outstanding penalties and nonpayment penalties accrued as

of the beginning of such quarter.

(e) Penalty assessment criteria

(1) In determining the amount of any penalty to be assessed under

this section or section 7604(a) of this title, the Administrator or

the court, as appropriate, shall take into consideration (in

addition to such other factors as justice may require) the size of

the business, the economic impact of the penalty on the business,

the violator's full compliance history and good faith efforts to

comply, the duration of the violation as established by any

credible evidence (including evidence other than the applicable

test method), payment by the violator of penalties previously

assessed for the same violation, the economic benefit of

noncompliance, and the seriousness of the violation. The court

shall not assess penalties for noncompliance with administrative

subpoenas under section 7607(a) of this title, or actions under

section 7414 of this title, where the violator had sufficient cause

to violate or fail or refuse to comply with such subpoena or

action.

(2) A penalty may be assessed for each day of violation. For

purposes of determining the number of days of violation for which a

penalty may be assessed under subsection (b) or (d)(1) of this

section, or section 7604(a) of this title, or an assessment may be

made under section 7420 of this title, where the Administrator or

an air pollution control agency has notified the source of the

violation, and the plaintiff makes a prima facie showing that the

conduct or events giving rise to the violation are likely to have

continued or recurred past the date of notice, the days of

violation shall be presumed to include the date of such notice and

each and every day thereafter until the violator establishes that

continuous compliance has been achieved, except to the extent that

the violator can prove by a preponderance of the evidence that

there were intervening days during which no violation occurred or

that the violation was not continuing in nature.

(f) Awards

The Administrator may pay an award, not to exceed $10,000, to any

person who furnishes information or services which lead to a

criminal conviction or a judicial or administrative civil penalty

for any violation of this subchapter or subchapter III, IV-A, V, or

VI of this chapter enforced under this section. Such payment is

subject to available appropriations for such purposes as provided

in annual appropriation Acts. Any officer, or employee of the

United States or any State or local government who furnishes

information or renders service in the performance of an official

duty is ineligible for payment under this subsection. The

Administrator may, by regulation, prescribe additional criteria for

eligibility for such an award.

(g) Settlements; public participation

At least 30 days before a consent order or settlement agreement

of any kind under this chapter to which the United States is a

party (other than enforcement actions under this section, section

7420 of this title, or subchapter II of this chapter, whether or

not involving civil or criminal penalties, or judgments subject to

Department of Justice policy on public participation) is final or

filed with a court, the Administrator shall provide a reasonable

opportunity by notice in the Federal Register to persons who are

not named as parties or intervenors to the action or matter to

comment in writing. The Administrator or the Attorney General, as

appropriate, shall promptly consider any such written comments and

may withdraw or withhold his consent to the proposed order or

agreement if the comments disclose facts or considerations which

indicate that such consent is inappropriate, improper, inadequate,

or inconsistent with the requirements of this chapter. Nothing in

this subsection shall apply to civil or criminal penalties under

this chapter.

(h) Operator

For purposes of the provisions of this section and section 7420

of this title, the term "operator", as used in such provisions,

shall include any person who is senior management personnel or a

corporate officer. Except in the case of knowing and willful

violations, such term shall not include any person who is a

stationary engineer or technician responsible for the operation,

maintenance, repair, or monitoring of equipment and facilities and

who often has supervisory and training duties but who is not senior

management personnel or a corporate officer. Except in the case of

knowing and willful violations, for purposes of subsection (c)(4)

of this section, the term "a person" shall not include an employee

who is carrying out his normal activities and who is not a part of

senior management personnel or a corporate officer. Except in the

case of knowing and willful violations, for purposes of paragraphs

(1), (2), (3), and (5) of subsection (c) of this section the term

"a person" shall not include an employee who is carrying out his

normal activities and who is acting under orders from the employer.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 113, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1686; amended Pub. L.

92-157, title III, Sec. 302(b), (c), Nov. 18, 1971, 85 Stat. 464;

Pub. L. 93-319, Sec. 6(a)(1)-(3), June 22, 1974, 88 Stat. 259; Pub.

L. 95-95, title I, Secs. 111, 112(a), Aug. 7, 1977, 91 Stat. 704,

705; Pub. L. 95-190, Sec. 14(a)(10)-(21), (b)(1), Nov. 16, 1977, 91

Stat. 1400, 1404; Pub. L. 97-23, Sec. 2, July 17, 1981, 95 Stat.

139; Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat.

2672.)

-COD-

CODIFICATION

Section was formerly classified to section 1857c-8 of this title.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

finding of violation, notice, compliance order, civil action, State

failure to enforce plan, and construction or modification of major

stationary sources; in subsec. (b), violations by owners or

operators of major stationary sources; in subsec. (c), penalties;

in subsec. (d), final compliance orders; and in subsec. (e), steel

industry compliance extension.

1981 - Subsec. (e). Pub. L. 97-23 added subsec. (e).

1977 - Subsec. (a)(5). Pub. L. 95-95, Sec. 111(a), added par.

(5).

Subsec. (b). Pub. L. 95-95, Sec. 111(b), (c), substituted "shall,

in the case of any person which is the owner or operator of a major

stationary source, and may, in the case of any other person,

commence a civil action for a permanent or temporary injunction, or

to assess and recover a civil penalty of not more than $25,000 per

day of violation, or both, whenever such person" for "may commence

a civil action for appropriate relief, including a permanent or

temporary injunction, whenever any person" in provisions preceding

par. (1), inserted references to subsec. (d)(5) of this section,

sections 7419 and 7620 of this title, and regulations under part in

par. (3), inserted reference to subsec. (d) of this section in par.

(4), added par. (5), and, in provisions following par. (5),

authorized the commencement of civil actions to recover

noncompliance penalties and nonpayment penalties under section 7420

of this title, expanded jurisdictional provisions to authorize

actions in districts in which the violation occurred and to

authorize the district court to restrain violations, to require

compliance, to assess civil penalties, and to collect penalties

under section 7420 of this title, enumerated factors to be taken

into consideration in determining the amount of civil penalties,

and authorized awarding of costs to the party or parties against

whom the action was brought in cases where the court finds that the

action was unreasonable.

Subsec. (b)(3). Pub. L. 95-190, Sec. 14(a)(10), (11), inserted

"or" after "ozone);", and substituted "7624" for "7620",

"conversion), section" for "conversion) section", and "orders), or"

for "orders) or".

Subsec. (c)(1). Pub. L. 95-95, Sec. 111(d)(1), (2), substituted

"any order issued under section 7419 of this title or under

subsection (a) or (d) of this section" for "any order issued by the

Administrator under subsection (a) of this section" in subpar. (B),

struck out reference to section 119(g) (as in effect before the

date of the enactment of Pub. L. 95-95) in subpar. (C), and added

subpar. (D).

Subsec. (c)(1)(B). Pub. L. 95-190, Sec. 14(a)(12), inserted "or"

after "section,".

Subsec. (c)(1)(D). Pub. L. 95-190, Sec. 14(a)(13), substituted

"1977 subsection" for "1977) subsection" and "penalties), or" for

"penalties) or".

Subsec. (c)(3). Pub. L. 95-95, Sec. 111(d)(3), added par. (3).

Subsec. (d). Pub. L. 95-95, Sec. 112(a), added subsec. (d).

Subsec. (d)(1). Pub. L. 95-190, Sec. 14(a)(14), substituted "to

any stationary source which is unable to comply with any

requirement of an applicable implementation plan an order" for "an

order for any stationary source" and "such requirement" for "any

requirement of an applicable implementation plan".

Subsec. (d)(1)(E). Pub. L. 95-190, Sec. 14(a)(15), inserted

provision relating to exemption under section 7420(a)(2)(B) or (C)

of this title, provision relating to noncompliance penalties

effective July 1, 1979, and reference to subsec. (b)(3) or (g) of

section 7420 of this title.

Subsec. (d)(2). Pub. L. 95-190, Sec. 14(a)(16), inserted

provisions relating to determinations by the Administrator of

compliance with requirements of this chapter of State orders issued

under this subsection.

Subsec. (d)(4)(A). Pub. L. 95-190, Sec. 14(a)(17), substituted

"title) upon" for "title upon".

Subsec. (d)(5)(A). Pub. L. 95-190, Sec. 14(a)(18), substituted

"an additional period for" for "an additional period of".

Subsec. (d)(8). Pub. L. 95-190, Sec. 14(a)(19), struck out

reference to par. (3) of this subsection.

Subsec. (d)(10). Pub. L. 95-190, Sec. 14(a)(20), substituted "in

effect" for "issued", "Federal" for "other", and "and no action

under" for "or".

Subsec. (d)(11). Pub. L. 95-190, Sec. 14(a)(21), substituted "and

in effect" for "(and approved by the Administrator)".

1974 - Subsec. (a)(3). Pub. L. 93-319, Sec. 6(a)(1), inserted

reference to section 1857c-10(g) of this title (relating to

energy-related authorities).

Subsecs. (b)(3), (c)(1)(C). Pub. L. 93-319, Sec. 6(a)(2), (3),

inserted reference to section 1857c-10(g) of this title.

1971 - Subsec. (b)(2). Pub. L. 92-157, Sec. 302(b), inserted

"(A)" before "during" and ", or (B)" after "assumed enforcement".

Subsec. (c)(1)(A). Pub. L. 92-157, Sec. 302(c), inserted "(i)"

before "during" and ", or (ii)" after "assumed enforcement".

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7407, 7410, 7411, 7412,

7414, 7419, 7420, 7421, 7425, 7426, 7429, 7604, 7606, 7607, 7627,

7651g, 7651j, 9606 of this title; title 15 section 792.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a comma.

(!2) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 7414 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7414. Recordkeeping, inspections, monitoring, and entry

-STATUTE-

(a) Authority of Administrator or authorized representative

For the purpose (i) of developing or assisting in the development

of any implementation plan under section 7410 or section 7411(d) of

this title, any standard of performance under section 7411 of this

title, any emission standard under section 7412 of this title,,(!1)

or any regulation of solid waste combustion under section 7429 of

this title, or any regulation under section 7429 of this title

(relating to solid waste combustion), (ii) of determining whether

any person is in violation of any such standard or any requirement

of such a plan, or (iii) carrying out any provision of this chapter

(except a provision of subchapter II of this chapter with respect

to a manufacturer of new motor vehicles or new motor vehicle

engines) -

(1) the Administrator may require any person who owns or

operates any emission source, who manufactures emission control

equipment or process equipment, who the Administrator believes

may have information necessary for the purposes set forth in this

subsection, or who is subject to any requirement of this chapter

(other than a manufacturer subject to the provisions of section

7525(c) or 7542 of this title with respect to a provision of

subchapter II of this chapter) on a one-time, periodic or

continuous basis to -

(A) establish and maintain such records;

(B) make such reports;

(C) install, use, and maintain such monitoring equipment, and

use such audit procedures, or methods;

(D) sample such emissions (in accordance with such procedures

or methods, at such locations, at such intervals, during such

periods and in such manner as the Administrator shall

prescribe);

(E) keep records on control equipment parameters, production

variables or other indirect data when direct monitoring of

emissions is impractical;

(F) submit compliance certifications in accordance with

subsection (a)(3) of this section; and

(G) provide such other information as the Administrator may

reasonably require; and

(2) the Administrator or his authorized representative, upon

presentation of his credentials -

(A) shall have a right of entry to, upon, or through any

premises of such person or in which any records required to be

maintained under paragraph (1) of this section are located, and

(B) may at reasonable times have access to and copy any

records, inspect any monitoring equipment or method required

under paragraph (1), and sample any emissions which such person

is required to sample under paragraph (1).(!2)

(3) The (!3) Administrator shall in the case of any person

which is the owner or operator of a major stationary source, and

may, in the case of any other person, require enhanced monitoring

and submission of compliance certifications. Compliance

certifications shall include (A) identification of the applicable

requirement that is the basis of the certification, (B) the

method used for determining the compliance status of the source,

(C) the compliance status, (D) whether compliance is continuous

or intermittent, (E) such other facts as the Administrator may

require. Compliance certifications and monitoring data shall be

subject to subsection (c) of this section. Submission of a

compliance certification shall in no way limit the

Administrator's authorities to investigate or otherwise implement

this chapter. The Administrator shall promulgate rules to provide

guidance and to implement this paragraph within 2 years after

November 15, 1990.

(b) State enforcement

(1) Each State may develop and submit to the Administrator a

procedure for carrying out this section in such State. If the

Administrator finds the State procedure is adequate, he may

delegate to such State any authority he has to carry out this

section.

(2) Nothing in this subsection shall prohibit the Administrator

from carrying out this section in a State.

(c) Availability of records, reports, and information to public;

disclosure of trade secrets

Any records, reports or information obtained under subsection (a)

of this section shall be available to the public, except that upon

a showing satisfactory to the Administrator by any person that

records, reports, or information, or particular part thereof,

(other than emission data) to which the Administrator has access

under this section if made public, would divulge methods or

processes entitled to protection as trade secrets of such person,

the Administrator shall consider such record, report, or

information or particular portion thereof confidential in

accordance with the purposes of section 1905 of title 18, except

that such record, report, or information may be disclosed to other

officers, employees, or authorized representatives of the United

States concerned with carrying out this chapter or when relevant in

any proceeding under this chapter.

(d) Notice of proposed entry, inspection, or monitoring

(1) In the case of any emission standard or limitation or other

requirement which is adopted by a State, as part of an applicable

implementation plan or as part of an order under section 7413(d)

(!4) of this title, before carrying out an entry, inspection, or

monitoring under paragraph (2) of subsection (a) of this section

with respect to such standard, limitation, or other requirement,

the Administrator (or his representatives) shall provide the State

air pollution control agency with reasonable prior notice of such

action, indicating the purpose of such action. No State agency

which receives notice under this paragraph of an action proposed to

be taken may use the information contained in the notice to inform

the person whose property is proposed to be affected of the

proposed action. If the Administrator has reasonable basis for

believing that a State agency is so using or will so use such

information, notice to the agency under this paragraph is not

required until such time as the Administrator determines the agency

will no longer so use information contained in a notice under this

paragraph. Nothing in this section shall be construed to require

notification to any State agency of any action taken by the

Administrator with respect to any standard, limitation, or other

requirement which is not part of an applicable implementation plan

or which was promulgated by the Administrator under section 7410(c)

of this title.

(2) Nothing in paragraph (1) shall be construed to provide that

any failure of the Administrator to comply with the requirements of

such paragraph shall be a defense in any enforcement action brought

by the Administrator or shall make inadmissible as evidence in any

such action any information or material obtained notwithstanding

such failure to comply with such requirements.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 114, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1687; amended Pub. L.

93-319, Sec. 6(a)(4), June 22, 1974, 88 Stat. 259; Pub. L. 95-95,

title I, Secs. 109(d)(3), 113, title III, Sec. 305(d), Aug. 7,

1977, 91 Stat. 701, 709, 776; Pub. L. 95-190, Sec. 14(a)(22), (23),

Nov. 16, 1977, 91 Stat. 1400; Pub. L. 101-549, title III, Sec.

302(c), title VII, Sec. 702(a), (b), Nov. 15, 1990, 104 Stat. 2574,

2680, 2681.)

-REFTEXT-

REFERENCES IN TEXT

Section 7413(d) of this title, referred to in subsec. (d)(1), was

amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,

1990, 104 Stat. 2672, and, as so amended, no longer relates to

final compliance orders.

-COD-

CODIFICATION

Section was formerly classified to section 1857c-9 of this title.

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, Sec. 702(a)(1), which

directed that "or" be struck out in first sentence immediately

before "any emission standard under section 7412 of this title,"

could not be executed because of the prior amendment by Pub. L.

101-549, Sec. 302(c), see below.

Pub. L. 101-549, Sec. 702(a)(2), inserted "or any regulation

under section 7429 of this title (relating to solid waste

combustion)," before "(ii) of determining".

Pub. L. 101-549, Sec. 302(c), struck out "or" after "performance

under section 7411 of this title," and inserted ", or any

regulation of solid waste combustion under section 7429 of this

title," after "standard under section 7412 of this title".

Subsec. (a)(1). Pub. L. 101-549, Sec. 702(a)(3), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "the

Administrator may require any person who owns or operates any

emission source or who is subject to any requirement of this

chapter (other than a manufacturer subject to the provisions of

section 7525(c) or 7542 of this title) with respect to a provision

of subchapter II of this chapter to (A) establish and maintain such

records, (B) make such reports, (C) install, use, and maintain such

monitoring equipment or methods, (D) sample such emissions (in

accordance with such methods, at such locations, at such intervals,

and in such manner as the Administrator shall prescribe), and (E)

provide such other information as he may reasonably require; and".

Subsec. (a)(3). Pub. L. 101-549, Sec. 702(b), added par. (3).

1977 - Subsec. (a). Pub. L. 95-190, Sec. 14(a)(22), inserted

reference to subchapter II of this chapter and "new" before "motor"

in two places.

Pub. L. 95-95, Sec. 305(d), substituted "carrying out any

provision of this chapter (except with respect to a manufacturer of

motor vehicles or motor vehicle engines)" for "carrying out

sections 119 or 303" in cl. (iii) preceding par. (1), substituted

"any person subject to any requirement of this chapter (other than

a manufacturer subject to the provisions of sections 7525(c) or

7542 of this title)" for "the owner or operator of any emission

source" in par. (1), substituted "any premises of such person" for

"any premises in which an emission source is located" in subpar.

(A) of par. (2), and substituted "emissions which such person is

required to sample" for "emissions which the owner or operator of

such source is required to sample" in subpar. (B) of subpar. (2).

Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(23), inserted

reference to subchapter II of this chapter and "who owns or

operates any emission source or who is" after "any person".

Subsec. (b)(1). Pub. L. 95-95, Sec. 109(d)(3), struck out

"(except with respect to new sources owned or operated by the

United States)" after "to carry out this section".

Subsec. (d). Pub. L. 95-95, Sec. 113, added subsec. (d).

1974 - Subsec. (a). Pub. L. 93-319 inserted reference to section

119.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7411, 7412, 7413, 7429,

7607, 7627, 7651j, 7661a, 7661b, 7671k, 9606 of this title.

-FOOTNOTE-

(!1) So in original.

(!2) The period probably should be "; and".

(!3) So in original. Probably should not be capitalized.

(!4) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7415 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7415. International air pollution

-STATUTE-

(a) Endangerment of public health or welfare in foreign countries

from pollution emitted in United States

Whenever the Administrator, upon receipt of reports, surveys or

studies from any duly constituted international agency has reason

to believe that any air pollutant or pollutants emitted in the

United States cause or contribute to air pollution which may

reasonably be anticipated to endanger public health or welfare in a

foreign country or whenever the Secretary of State requests him to

do so with respect to such pollution which the Secretary of State

alleges is of such a nature, the Administrator shall give formal

notification thereof to the Governor of the State in which such

emissions originate.

(b) Prevention or elimination of endangerment

The notice of the Administrator shall be deemed to be a finding

under section 7410(a)(2)(H)(ii) of this title which requires a plan

revision with respect to so much of the applicable implementation

plan as is inadequate to prevent or eliminate the endangerment

referred to in subsection (a) of this section. Any foreign country

so affected by such emission of pollutant or pollutants shall be

invited to appear at any public hearing associated with any

revision of the appropriate portion of the applicable

implementation plan.

(c) Reciprocity

This section shall apply only to a foreign country which the

Administrator determines has given the United States essentially

the same rights with respect to the prevention or control of air

pollution occurring in that country as is given that country by

this section.

(d) Recommendations

Recommendations issued following any abatement conference

conducted prior to August 7, 1977, shall remain in effect with

respect to any pollutant for which no national ambient air quality

standard has been established under section 7409 of this title

unless the Administrator, after consultation with all agencies

which were party to the conference, rescinds any such

recommendation on grounds of obsolescence.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 115, formerly Sec. 5, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 396;

renumbered Sec. 105 and amended Pub. L. 89-272, title I, Secs.

101(2), (3), 102, Oct. 20, 1965, 79 Stat. 992, 995, renumbered Sec.

108 and amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.

491, renumbered Sec. 115 and amended Pub. L. 91-604, Secs. 4(a),

(b)(2)-(10), 15(c)(2), Dec. 31, 1970, 84 Stat. 1678, 1688, 1689,

1713; Pub. L. 95-95, title I, Sec. 114, Aug. 7, 1977, 91 Stat.

710.)

-COD-

CODIFICATION

Section was formerly classified to section 1857d of this title.

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-95 completely revised section by substituting

provisions establishing a mechanism for the Administrator to

trigger a revision of a State implementation plan under section

7410(a)(2)(H) upon a petition of an international agency or the

Secretary of State if he finds that emissions originating in a

State endanger the health or welfare of persons in a foreign

country for provisions calling for the abatement of air pollution

by means of conference procedures.

1970 - Subsec. (a). Pub. L. 91-604, Sec. 4(b)(2), inserted "and

which is covered by subsection (b) or (c) of this section" after

"persons".

Subsec. (b). Pub. L. 91-604, Secs. 4(b)(3), (4), (5), 15(c)(2),

redesignated former subsec. (d)(1)(A), (B), and (C) as (b)(1), (2),

and (3), substituted "Administrator" for "Secretary" wherever

appearing, and added subsec. (b)(4). Former subsec. (b), which

related to the encouragement of municipal, State, and interstate

action to abate air pollution, was struck out.

Subsec. (c). Pub. L. 91-604, Secs. 4(b)(3), (6), 15(c)(2),

redesignated former subsec. (d)(1)(D) as (c) and substituted

"Administrator" for "Secretary" and "Secretary of Health,

Education, and Welfare" wherever appearing and "subsection" for

"subparagraph" wherever appearing. Former subsec. (c), which

related to the procedure for the promulgation of State air quality

standards, was struck out.

Subsec. (d). Pub. L. 91-604, Secs. 4(b)(4), (6), (7), (8),

15(c)(2), redesignated former subsec. (d)(2) and (3) as (d)(1) and

(2), in (d)(1) substituted "Administrator" for "Secretary" wherever

appearing and "any conference under this section" for "such

conference", and in (d)(2) substituted "Administrator" for

"Secretary". Former subsec. (d)(1)(A), (B), and (C) were

redesignated as (b)(1), (2), and (3), respectively, and subsec.

(d)(1)(D) was redesignated as (c).

Subsec. (e). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" wherever appearing.

Subsec. (f). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" wherever appearing and

"Environmental Protection Agency" for "Department of Health,

Education, and Welfare".

Subsec. (g). Pub. L. 91-604, Secs. 4(b)(9), 15(c)(2), substituted

"Administrator" for "Secretary" and "subsection (c)" for

"subparagraph (D) of subsection (d)".

Subsecs. (i), (j). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" wherever appearing.

Subsec. (k). Pub. L. 91-604, Sec. 4(b)(3), (10), substituted

provisions relating to compliance with any requirement of an

applicable implementation plan or with any standard prescribed

under section 7411 of this title or section 7412 of this title, for

provisions relating to the enjoining of imminent and substantial

endangerment from pollution sources.

1967 - Subsec. (b). Pub. L. 90-148 substituted reference to

subsec. (c), (h), or (k) of this section for reference to subsec.

(g) of this section.

Subsecs. (c), (d). Pub. L. 90-148 added subsec. (c), redesignated

former subsec. (c) as (d), inserted in par. (2) provisions for the

delivery prior to the conference of a Federal report to agencies

and interested parties covering matters before the conference,

raised from three weeks to thirty days the required notice of the

conference, and inserted provisions for notice by newspapers,

presentation of views on the Federal report, and transcript of

proceedings. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 90-148 redesignated former subsec. (d) as

(e). Former subsec. (e) redesignated (f) and amended.

Subsec. (f). Pub. L. 90-148 redesignated former subsec. (e) as

(f) and inserted in par. (1) requirement that all interested

parties be given a reasonable opportunity to present evidence to

the hearing board. Former subsec. (f) redesignated (g) and amended.

Subsec. (g). Pub. L. 90-148 redesignated former subsec. (f) as

(g) and substituted reference to subsec. (d) of this section for

reference to subsec. (c) of this section. Former subsec. (g)

redesignated (h) and amended.

Subsec. (h). Pub. L. 90-148 redesignated former subsec. (g) as

(h) and substituted reference to subsec. (g) of this section for

reference to subsec. (f) of this section. Former subsec. (h)

redesignated (i) and amended.

Subsec. (i). Pub. L. 90-148 redesignated former subsec. (h) as

(i) and substituted reference to subsec. (f) of this section for

reference to subsec. (e) of this section and raised the per diem

maximum from $50 to $100. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 90-148 redesignated former subsec. (i) as

(j).

Subsec. (k). Pub. L. 90-148 added subsec. (k).

1965 - Subsec. (b). Pub. L. 89-272, Sec. 101(2), substituted

"this title" for "this Act", which for purposes of codification has

been changed to "this subchapter".

Subsec. (c)(1)(D). Pub. L. 89-272, Sec. 102(a), added subpar.

(D).

Subsec. (d)(3). Pub. L. 89-272, Sec. 101(2), substituted

"subchapter" for "chapter".

Subsec. (f)(1). Pub. L. 89-272, Sec. 102(b), designated existing

provisions as cl. (A) and added cl. (B).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

UNITED STATES-CANADIAN NEGOTIATIONS ON AIR QUALITY

Pub. L. 95-426, title VI, Sec. 612, Oct. 7, 1978, 92 Stat. 990,

provided that:

"(a) The Congress finds that -

"(1) the United States and Canada share a common environment

along a 5,500 mile border;

"(2) the United States and Canada are both becoming

increasingly concerned about the effects of pollution,

particularly that resulting from power generation facilities,

since the facilities of each country affect the environment of

the other;

"(3) the United States and Canada have subscribed to

international conventions; have joined in the environmental work

of the United Nations, the Organization for Economic Cooperation

and Development, and other international environmental forums;

and have entered into and implemented effectively the provisions

of the historic Boundary Waters Treaty of 1909; and

"(4) the United States and Canada have a tradition of

cooperative resolution of issues of mutual concern which is

nowhere more evident than in the environmental area.

"(b) It is the sense of the Congress that the President should

make every effort to negotiate a cooperative agreement with the

Government of Canada aimed at preserving the mutual airshed of the

United States and Canada so as to protect and enhance air resources

and insure the attainment and maintenance of air quality protective

of public health and welfare.

"(c) It is further the sense of the Congress that the President,

through the Secretary of State working in concert with interested

Federal agencies and the affected States, should take whatever

diplomatic actions appear necessary to reduce or eliminate any

undesirable impact upon the United States and Canada resulting from

air pollution from any source."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7410 of this title.

-End-

-CITE-

42 USC Sec. 7416 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7416. Retention of State authority

-STATUTE-

Except as otherwise provided in sections 1857c-10(c), (e), and

(f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and

7573 of this title (preempting certain State regulation of moving

sources) nothing in this chapter shall preclude or deny the right

of any State or political subdivision thereof to adopt or enforce

(1) any standard or limitation respecting emissions of air

pollutants or (2) any requirement respecting control or abatement

of air pollution; except that if an emission standard or limitation

is in effect under an applicable implementation plan or under

section 7411 or section 7412 of this title, such State or political

subdivision may not adopt or enforce any emission standard or

limitation which is less stringent than the standard or limitation

under such plan or section.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 116, formerly Sec. 109, as

added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 497;

renumbered Sec. 116 and amended Pub. L. 91-604, Sec. 4(a), (c),

Dec. 31, 1970, 84 Stat. 1678, 1689; Pub. L. 93-319, Sec. 6(b), June

22, 1974, 88 Stat. 259; Pub. L. 95-190, Sec. 14(a)(24), Nov. 16,

1977, 91 Stat. 1400.)

-REFTEXT-

REFERENCES IN TEXT

1857c-10(c), (e), and (f) (as in effect before August 7, 1977),

referred to in text, was in the original "119(c), (e), and (f) (as

in effect before the date of the enactment of the Clean Air Act

Amendments of 1977)" meaning section 119 of act July 14, 1955, ch.

360, title I, as added June 22, 1974, Pub. L. 93-319, Sec. 3, 88

Stat. 248, (which was classified to section 1857c-10 of this title)

as in effect prior to the enactment of Pub. L. 95-95, Aug. 7, 1977,

91 Stat. 691, effective Aug. 7, 1977. Section 112(b)(1) of Pub. L.

95-95 repealed section 119 of act July 14, 1955, ch. 360, title I,

as added by Pub. L. 93-319, and provided that all references to

such section 119 in any subsequent enactment which supersedes Pub.

L. 93-319 shall be construed to refer to section 113(d) of the

Clean Air Act and to paragraph (5) thereof in particular which is

classified to subsec. (d)(5) of section 7413 of this title. Section

7413 of this title was subsequently amended generally by Pub. L.

101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and,

as so amended, no longer relates to final compliance orders.

Section 117(b) of Pub. L. 95-95 added a new section 119 of act July

14, 1955, which is classified to section 7419 of this title.

-COD-

CODIFICATION

Section was formerly classified to section 1857d-1 of this title.

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-190 inserted reference to specified provisions

in effect before Aug. 7, 1977.

1974 - Pub. L. 93-319 inserted reference to section 1857c-10(c),

(e), and (f).

1970 - Pub. L. 91-604, Sec. 4(c), substituted provisions which

authorized any State or political subdivision thereof to adopt or

enforce, except as otherwise provided, emission standards or

limitations under the specified conditions, or any requirement

respecting control or abatement of air pollution, for provisions

which authorized any State, political subdivision, or

intermunicipal or interstate agency to adopt standards and plans to

achieve a higher level of air quality than approved by the

Secretary.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7412, 7429, 7627, 7671m,

7671q of this title.

-End-

-CITE-

42 USC Sec. 7417 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7417. Advisory committees

-STATUTE-

(a) Establishment; membership

In order to obtain assistance in the development and

implementation of the purposes of this chapter including air

quality criteria, recommended control techniques, standards,

research and development, and to encourage the continued efforts on

the part of industry to improve air quality and to develop

economically feasible methods for the control and abatement of air

pollution, the Administrator shall from time to time establish

advisory committees. Committee members shall include, but not be

limited to, persons who are knowledgeable concerning air quality

from the standpoint of health, welfare, economics or technology.

(b) Compensation

The members of any other advisory committees appointed pursuant

to this chapter who are not officers or employees of the United

States while attending conferences or meetings or while otherwise

serving at the request of the Administrator, shall be entitled to

receive compensation at a rate to be fixed by the Administrator,

but not exceeding $100 per diem, including traveltime, and while

away from their homes or regular places of business they may be

allowed travel expenses, including per diem in lieu of subsistence,

as authorized by section 5703 of title 5 for persons in the

Government service employed intermittently.

(c) (!1) Consultations by Administrator

Prior to -

(1) issuing criteria for an air pollutant under section

7408(a)(2) of this title,

(2) publishing any list under section 7411(b)(1)(A) (!2) or

section 7412(b)(1)(A) of this title,

(3) publishing any standard under section 7411 or section 7412

of this title, or

(4) publishing any regulation under section 7521(a) of this

title,

the Administrator shall, to the maximum extent practicable within

the time provided, consult with appropriate advisory committees,

independence experts, and Federal departments and agencies.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 117 formerly Sec. 6, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 399;

renumbered Sec. 106, Pub. L. 89-272, title I, Sec. 101(3), Oct. 20,

1965, 79 Stat. 992; renumbered Sec. 110 and amended Pub. L. 90-148,

Sec. 2, Nov. 21, 1967, 81 Stat. 498; renumbered Sec. 117 and

amended Pub. L. 91-604, Secs. 4(a), (d), 15(c)(2), Dec. 31, 1970,

84 Stat. 1678, 1689, 1713; Pub. L. 95-95, title I, Sec. 115, Aug.

7, 1977, 91 Stat. 711; Pub. L. 95-623, Sec. 13(c), Nov. 9, 1978, 92

Stat. 3458.)

-REFTEXT-

REFERENCES IN TEXT

Section 7412(b)(1), referred to in subsec. (c)(2), was amended

generally by Pub. L. 101-549, title III, Sec. 301, Nov. 15, 1990,

104 Stat. 2531, and, as so amended, no longer contains a subpar.

(A).

-COD-

CODIFICATION

Subsec. (c) was originally enacted as subsec. (f) but has been

redesignated (c) for purposes of codification in view of the

failure of Pub. L. 95-95 to redesignate subsec. (f) as (c) after

repealing former subsecs. (a) and (b) and redesignating former

subsecs. (d) and (e) as (a) and (b).

Section was formerly classified to section 1857e of this title.

-MISC1-

AMENDMENTS

1978 - Subsec. (c)(3). Pub. L. 95-623 substituted "7411" for

"7411(b)(1)(B)" and "7412" for "7412(b)(1)(B)".

1977 - Subsec. (a). Pub. L. 95-95, Sec. 115(1), (2), redesignated

subsec. (d) as (a). Former subsec. (a), establishing an Air Quality

Advisory Board in the Environmental Protection Agency, was struck

out.

Subsec. (b). Pub. L. 95-95, Sec. 115(1)-(3), redesignated subsec.

(e) as (b) and substituted "The members of any other advisory

committees" for "The members of the Board and other advisory

committees" and "conferences or meetings or while otherwise

serving" for "conferences or meetings of the Board or while

otherwise serving". Former subsec. (b), setting out the duties of

the Air Quality Advisory Board, was struck out.

Subsecs. (c) to (e). Pub. L. 95-95, Sec. 115(1), (2), struck out

subsec. (c) which related to clerical and technical assistance for

the Air Quality Advisory Board, and redesignated subsecs. (d) and

(e) as (a) and (b), respectively.

1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Environmental Protection Agency" for "Department of Health,

Education, and Welfare" and "Administrator" for "Secretary".

Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" wherever appearing.

Subsec. (c). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Environmental Protection Agency" for "Department of Health,

Education, and Welfare".

Subsecs. (d), (e). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" wherever appearing.

Subsec. (f). Pub. L. 91-604, Sec. 4(d), added subsec. (f).

1967 - Subsec. (a). Pub. L. 90-148 substituted provisions

establishing in the Department of Health, Education, and Welfare an

Air Quality Advisory Board and providing for the appointment and

term of its members for provisions directing the Secretary to

maintain liaison with manufacturers looking toward development of

devices and fuels to reduce pollutants in automotive exhaust and to

appoint a technical committee and call it together from time to

time to evaluate progress and develop and recommend research

programs.

Subsec. (b). Pub. L. 90-148 substituted provision setting out the

duties of the Air Quality Advisory Board for provisions requiring

the Secretary to make semi-annual reports to Congress on measures

being taken toward the resolution of vehicle exhaust pollution

problems.

Subsecs. (c) to (e). Pub. L. 90-148 added subsecs. (c) to (e).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

-FOOTNOTE-

(!1) See Codification note below.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7418 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7418. Control of pollution from Federal facilities

-STATUTE-

(a) General compliance

Each department, agency, and instrumentality of the executive,

legislative, and judicial branches of the Federal Government (1)

having jurisdiction over any property or facility, or (2) engaged

in any activity resulting, or which may result, in the discharge of

air pollutants, and each officer, agent, or employee thereof, shall

be subject to, and comply with, all Federal, State, interstate, and

local requirements, administrative authority, and process and

sanctions respecting the control and abatement of air pollution in

the same manner, and to the same extent as any nongovernmental

entity. The preceding sentence shall apply (A) to any requirement

whether substantive or procedural (including any recordkeeping or

reporting requirement, any requirement respecting permits and any

other requirement whatsoever), (B) to any requirement to pay a fee

or charge imposed by any State or local agency to defray the costs

of its air pollution regulatory program, (C) to the exercise of any

Federal, State, or local administrative authority, and (D) to any

process and sanction, whether enforced in Federal, State, or local

courts, or in any other manner. This subsection shall apply

notwithstanding any immunity of such agencies, officers, agents, or

employees under any law or rule of law. No officer, agent, or

employee of the United States shall be personally liable for any

civil penalty for which he is not otherwise liable.

(b) Exemption

The President may exempt any emission source of any department,

agency, or instrumentality in the executive branch from compliance

with such a requirement if he determines it to be in the paramount

interest of the United States to do so, except that no exemption

may be granted from section 7411 of this title, and an exemption

from section 7412 of this title may be granted only in accordance

with section 7412(i)(4) of this title. No such exemption shall be

granted due to lack of appropriation unless the President shall

have specifically requested such appropriation as a part of the

budgetary process and the Congress shall have failed to make

available such requested appropriation. Any exemption shall be for

a period not in excess of one year, but additional exemptions may

be granted for periods of not to exceed one year upon the

President's making a new determination. In addition to any such

exemption of a particular emission source, the President may, if he

determines it to be in the paramount interest of the United States

to do so, issue regulations exempting from compliance with the

requirements of this section any weaponry, equipment, aircraft,

vehicles, or other classes or categories of property which are

owned or operated by the Armed Forces of the United States

(including the Coast Guard) or by the National Guard of any State

and which are uniquely military in nature. The President shall

reconsider the need for such regulations at three-year intervals.

The President shall report each January to the Congress all

exemptions from the requirements of this section granted during the

preceding calendar year, together with his reason for granting each

such exemption.

(c) Government vehicles

Each department, agency, and instrumentality of executive,

legislative, and judicial branches of the Federal Government shall

comply with all applicable provisions of a valid inspection and

maintenance program established under the provisions of subpart 2

of part D of this subchapter or subpart 3 of part D of this

subchapter except for such vehicles that are considered military

tactical vehicles.

(d) Vehicles operated on Federal installations

Each department, agency, and instrumentality of executive,

legislative, and judicial branches of the Federal Government having

jurisdiction over any property or facility shall require all

employees which operate motor vehicles on the property or facility

to furnish proof of compliance with the applicable requirements of

any vehicle inspection and maintenance program established under

the provisions of subpart 2 of part D of this subchapter or subpart

3 of part D of this subchapter for the State in which such property

or facility is located (without regard to whether such vehicles are

registered in the State). The installation shall use one of the

following methods to establish proof of compliance -

(1) presentation by the vehicle owner of a valid certificate of

compliance from the vehicle inspection and maintenance program;

(2) presentation by the vehicle owner of proof of vehicle

registration within the geographic area covered by the vehicle

inspection and maintenance program (except for any program whose

enforcement mechanism is not through the denial of vehicle

registration);

(3) another method approved by the vehicle inspection and

maintenance program administrator.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 118, formerly, Sec. 7, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 399;

renumbered Sec. 107, Pub. L. 89-272, title I, Sec. 101(3), Oct. 20,

1965, 79 Stat. 992; renumbered Sec. 111 and amended Pub. L. 90-148,

Sec. 2, Nov. 21, 1967, 81 Stat. 499; renumbered Sec. 118 and

amended Pub. L. 91-604, Secs. 4(a), 5, Dec. 31, 1970, 84 Stat.

1678, 1689; Pub. L. 95-95, title I, Sec. 116, Aug. 7, 1977, 91

Stat. 711; Pub. L. 101-549, title I, Sec. 101(e), title II, Sec.

235, title III, Sec. 302(d), Nov. 15, 1990, 104 Stat. 2409, 2530,

2574.)

-COD-

CODIFICATION

Section was formerly classified to section 1857f of this title.

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, Sec. 235, inserted heading.

Pub. L. 101-549, Sec. 101(e), amended second sentence generally.

Prior to amendment, second sentence read as follows: "The preceding

sentence shall apply (A) to any requirement whether substantive or

procedural (including any recordkeeping or reporting requirement,

any requirement respecting permits and any other requirement

whatsoever), (B) to the exercise of any Federal, State, or local

administrative authority, and (C) to any process and sanction,

whether enforced in Federal, State, or local courts or in any other

manner."

Subsec. (b). Pub. L. 101-549, Sec. 302(d), substituted "section

7412(i)(4) of this title" for "section 7412(c) of this title".

Subsecs. (c), (d). Pub. L. 101-549, Sec. 235, added subsecs. (c)

and (d).

1977 - Subsec. (a). Pub. L. 95-95, Sec. 116(a), designated

existing first sentence as subsec. (a) and inserted provisions

enumerating the legal and administrative areas to which the

compliance requirements apply and directing that agencies,

officers, agents, and employees not be immune and that officers,

agents, or employees of the United States not be personally liable

for civil penalties for which they are not otherwise liable.

Subsec. (b). Pub. L. 95-95, Sec. 116(b), designated second and

following existing sentences as subsec. (b) and inserted provisions

authorizing the President to exempt weaponry, equipment, aircraft,

vehicles, and other classes and categories of property of the Armed

Forces and the National Guard from compliance but to reconsider the

need for such an exemption at three-year intervals.

1970 - Pub. L. 91-604, Sec. 5, struck out lettered designations

(a) and (b), and, as so redesignated, substituted provisions

requiring Federal facilities to comply with Federal, State, local,

and interstate air pollution control and abatement requirements and

provisions authorizing the President to exempt, under the specified

terms and conditions, any emission source of any department, etc.,

in the executive branch from compliance with control and abatement

requirements, for provisions requiring, to the extent practicable

and consistent with the interests of the United States and within

any available appropriations, Federal facilities to cooperate with

the Department of Health, Education, and Welfare and with any air

pollution control agency to prevent and control air pollution and

provisions authorizing the Secretary to establish classes of

potential pollution sources for which any Federal department or

agency having jurisdiction over any facility was required to obtain

a permit, under the specified terms and conditions, for the

discharge of any matter into the air of the United States.

1967 - Pub. L. 90-148 reenacted section without change.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to annual reports to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the 12th item on

page 20 of House Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-EXEC-

EXECUTIVE ORDER NO. 11282

Ex. Ord. No. 11282, May 26, 1966, 31 F.R. 7663, which provided

for the prevention, control, and abatement of air pollution from

Federal activities, was superseded by Ex. Ord. No. 11507, Feb. 4,

1970, 35 F.R. 2573.

EXECUTIVE ORDER NO. 11507

Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, which provided

for the prevention, control, and abatement of air pollution at

Federal facilities, was superseded by Ex. Ord. No. 11752, Dec. 17,

1973, 38 F.R. 34793, formerly set out as a note under section 4331

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7410, 7423, 7604, 7671q

of this title.

-End-

-CITE-

42 USC Sec. 7419 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7419. Primary nonferrous smelter orders

-STATUTE-

(a) Issuance; hearing; enforcement orders; statement of grounds for

application; findings

(1) Upon application by the owner or operator of a primary

nonferrous smelter, a primary nonferrous smelter order under

subsection (b) of this section may be issued -

(A) by the Administrator, after thirty days' notice to the

State, or

(B) by the State in which such source is located, but no such

order issued by the State shall take effect until the

Administrator determines that such order has been issued in

accordance with the requirements of this chapter.

Not later than ninety days after submission by the State to the

Administrator of notice of the issuance of a primary nonferrous

smelter order under this section, the Administrator shall determine

whether or not such order has been issued by the State in

accordance with the requirements of this chapter. If the

Administrator determines that such order has not been issued in

accordance with such requirements, he shall conduct a hearing

respecting the reasonably available control technology for primary

nonferrous smelters.

(2)(A) An order issued under this section to a primary nonferrous

smelter shall be referred to as a "primary nonferrous smelter

order". No primary nonferrous smelter may receive both an

enforcement order under section 7413(d) (!1) of this title and a

primary nonferrous smelter order under this section.

(B) Before any hearing conducted under this section, in the case

of an application made by the owner or operator of a primary

nonferrous smelter for a second order under this section, the

applicant shall furnish the Administrator (or the State as the case

may be) with a statement of the grounds on which such application

is based (including all supporting documents and information). The

statement of the grounds for the proposed order shall be provided

by the Administrator or the State in any case in which such State

or Administrator is acting on its own initiative. Such statement

(including such documents and information) shall be made available

to the public for a thirty-day period before such hearing and shall

be considered as part of such hearing. No primary nonferrous

smelter order may be granted unless the applicant establishes that

he meets the conditions required for the issuance of such order (or

the Administrator or State establishes the meeting of such

conditions when acting on their own initiative).

(C) Any decision with respect to the issuance of a primary

nonferrous smelter order shall be accompanied by a concise

statement of the findings and of the basis of such findings.

(3) For the purposes of sections 7410, 7604, and 7607 of this

title, any order issued by the State and in effect pursuant to this

subsection shall become part of the applicable implementation plan.

(b) Prerequisites to issuance of orders

A primary nonferrous smelter order under this section may be

issued to a primary nonferrous smelter if -

(1) such smelter is in existence on August 7, 1977;

(2) the requirement of the applicable implementation plan with

respect to which the order is issued is an emission limitation or

standard for sulfur oxides which is necessary and intended to be

itself sufficient to enable attainment and maintenance of

national primary and secondary ambient air quality standards for

sulfur oxides; and

(3) such smelter is unable to comply with such requirement by

the applicable date for compliance because no means of emission

limitation applicable to such smelter which will enable it to

achieve compliance with such requirement has been adequately

demonstrated to be reasonably available (as determined by the

Administrator, taking into account the cost of compliance,

non-air quality health and environmental impact, and energy

consideration).

(c) Second orders

(1) A second order issued to a smelter under this section shall

set forth compliance schedules containing increments of progress

which require compliance with the requirement postponed as

expeditiously as practicable. The increments of progress shall be

limited to requiring compliance with subsection (d) of this section

and, in the case of a second order, to procuring, installing, and

operating the necessary means of emission limitation as

expeditiously as practicable after the Administrator determines

such means have been adequately demonstrated to be reasonably

available within the meaning of subsection (b)(3) of this section.

(2) Not in excess of two primary nonferrous smelter orders may be

issued under this section to any primary nonferrous smelter. The

first such order issued to a smelter shall not result in the

postponement of the requirement with respect to which such order is

issued beyond January 1, 1983. The second such order shall not

result in the postponement of such requirement beyond January 1,

1988.

(d) Interim measures; continuous emission reduction technology

(1)(A) Each primary nonferrous smelter to which an order is

issued under this section shall be required to use such interim

measures for the period during which such order is in effect as may

be necessary in the judgment of the Administrator to assure

attainment and maintenance of the national primary and secondary

ambient air quality standards during such period, taking into

account the aggregate effect on air quality of such order together

with all variances, extensions, waivers, enforcement orders,

delayed compliance orders and primary nonferrous smelter orders

previously issued under this chapter.

(B) Such interim requirements shall include -

(i) a requirement that the source to which the order applies

comply with such reporting requirements and conduct such

monitoring as the Administrator determines may be necessary, and

(ii) such measures as the Administrator determines are

necessary to avoid an imminent and substantial endangerment to

health of persons.

(C) Such interim measures shall also, except as provided in

paragraph (2), include continuous emission reduction technology.

The Administrator shall condition the use of any such interim

measures upon the agreement of the owner or operator of the smelter

-

(i) to comply with such conditions as the Administrator

determines are necessary to maximize the reliability and

enforceability of such interim measures, as applied to the

smelter, in attaining and maintaining the national ambient air

quality standards to which the order relates, and

(ii) to commit reasonable resources to research and development

of appropriate emission control technology.

(2) The requirement of paragraph (1) for the use of continuous

emission reduction technology may be waived with respect to a

particular smelter by the State or the Administrator, after notice

and a hearing on the record, and upon a showing by the owner or

operator of the smelter that such requirement would be so costly as

to necessitate permanent or prolonged temporary cessation of

operations of the smelter. Upon application for such waiver, the

Administrator shall be notified and shall, within ninety days, hold

a hearing on the record in accordance with section 554 of title 5.

At such hearing the Administrator shall require the smelter

involved to present information relating to any alleged cessation

of operations and the detailed reasons or justifications therefor.

On the basis of such hearing the Administrator shall make findings

of fact as to the effect of such requirement and on the alleged

cessation of operations and shall make such recommendations as he

deems appropriate. Such report, findings, and recommendations shall

be available to the public, and shall be taken into account by the

State or the Administrator in making the decision whether or not to

grant such waiver.

(3) In order to obtain information for purposes of a waiver under

paragraph (2), the Administrator may, on his own motion, conduct an

investigation and use the authority of section 7621 of this title.

(4) In the case of any smelter which on August 7, 1977, uses

continuous emission reduction technology and supplemental controls

and which receives an initial primary nonferrous smelter order

under this section, no additional continuous emission reduction

technology shall be required as a condition of such order unless

the Administrator determines, at any time, after notice and public

hearing, that such additional continuous emission reduction

technology is adequately demonstrated to be reasonably available

for the primary nonferrous smelter industry.

(e) Termination of orders

At any time during which an order under this section applies, the

Administrator may enter upon a public hearing respecting the

availability of technology. Any order under this section shall be

terminated if the Administrator determines on the record, after

notice and public hearing, that the conditions upon which the order

was based no longer exist. If the owner or operator of the smelter

to which the order is issued demonstrates that prompt termination

of such order would result in undue hardship, the termination shall

become effective at the earliest practicable date on which such

undue hardship would not result, but in no event later than the

date required under subsection (c) of this section.

(f) Violation of requirements

If the Administrator determines that a smelter to which an order

is issued under this section is in violation of any requirement of

subsection (c) or (d) of this section, he shall -

(1) enforce such requirement under section 7413 of this title,

(2) (after notice and opportunity for public hearing) revoke

such order and enforce compliance with the requirement with

respect to which such order was granted,

(3) give notice of noncompliance and commence action under

section 7420 of this title, or

(4) take any appropriate combination of such actions.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 119, as added Pub. L. 95-95,

title I, Sec. 117(b), Aug. 7, 1977, 91 Stat. 712; amended Pub. L.

95-190, Sec. 14(a)(25)-(27), Nov. 16, 1977, 91 Stat. 1401.)

-REFTEXT-

REFERENCES IN TEXT

Section 7413(d) of this title, referred to in subsec. (a)(2)(A),

was amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov.

15, 1990, 104 Stat. 2672, and, as so amended, no longer relates to

final compliance orders.

-MISC1-

PRIOR PROVISIONS

A prior section 119 of act July 14, 1955, ch. 360, title I, as

added June 22, 1974, Pub. L. 93-319, Sec. 3, 88 Stat. 248, was

classified to section 1857c-10 of this title and provided for the

authority to deal with energy shortages, prior to repeal by Pub. L.

95-95, title I, Sec. 112(b)(1), Aug. 7, 1977, 91 Stat. 709, which

provided that all references to such section 119 in any subsequent

enactment which supersedes Pub. L. 93-319 shall be construed to

refer to section 113(d) of the Clean Air Act and to paragraph (5)

thereof in particular which is classified to section 7413(d)(5) of

this title.

AMENDMENTS

1977 - Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(25), added par.

(3).

Subsec. (d)(3). Pub. L. 95-190, Sec. 14(a)(26), substituted

"7621" for "7619".

Subsec. (e). Pub. L. 95-190, Sec. 14(a)(27), substituted "an

order under this section" for "such order".

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7410, 7420, 7604, 7607,

7621 of this title; title 15 sections 793, 798.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7420 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7420. Noncompliance penalty

-STATUTE-

(a) Assessment and collection

(1)(A) Not later than 6 months after August 7, 1977, and after

notice and opportunity for a public hearing, the Administrator

shall promulgate regulations requiring the assessment and

collection of a noncompliance penalty against persons referred to

in paragraph (2)(A).

(B)(i) Each State may develop and submit to the Administrator a

plan for carrying out this section in such State. If the

Administrator finds that the State plan meets the requirements of

this section, he may delegate to such State any authority he has to

carry out this section.

(ii) Notwithstanding a delegation to a State under clause (i),

the Administrator may carry out this section in such State under

the circumstances described in subsection (b)(2)(B) of this

section.

(2)(A) Except as provided in subparagraph (B) or (C) of this

paragraph, the State or the Administrator shall assess and collect

a noncompliance penalty against every person who owns or operates -

(i) a major stationary source (other than a primary nonferrous

smelter which has received a primary nonferrous smelter order

under section 7419 of this title), which is not in compliance

with any emission limitation, emission standard or compliance

schedule under any applicable implementation plan (whether or not

such source is subject to a Federal or State consent decree), or

(ii) a stationary source which is not in compliance with an

emission limitation, emission standard, standard of performance,

or other requirement established under section 7411, 7477, 7603,

or 7412 of this title, or

(iii) a stationary source which is not in compliance with any

requirement of subchapter IV-A, V, or VI of this chapter, or

(iv) any source referred to in clause (i), (ii), or (iii) (for

which an extension, order, or suspension referred to in

subparagraph (B), or Federal or State consent decree is in

effect), or a primary nonferrous smelter which has received a

primary nonferrous smelter order under section 7419 of this title

which is not in compliance with any interim emission control

requirement or schedule of compliance under such extension,

order, suspension, or consent decree.

For purposes of subsection (d)(2) of this section, in the case of a

penalty assessed with respect to a source referred to in clause

(iii) of this subparagraph, the costs referred to in such

subsection (d)(2) shall be the economic value of noncompliance with

the interim emission control requirement or the remaining steps in

the schedule of compliance referred to in such clause.

(B) Notwithstanding the requirements of subparagraph (A)(i) and

(ii), the owner or operator of any source shall be exempted from

the duty to pay a noncompliance penalty under such requirements

with respect to that source if, in accordance with the procedures

in subsection (b)(5) of this section, the owner or operator

demonstrates that the failure of such source to comply with any

such requirement is due solely to -

(i) a conversion by such source from the burning of petroleum

products or natural gas, or both, as the permanent primary energy

source to the burning of coal pursuant to an order under section

7413(d)(5) (!1) of this title or section 1857c-10 (!1) of this

title (as in effect before August 7, 1977);

(ii) in the case of a coal-burning source granted an extension

under the second sentence of section 1857c-10(c)(1) (!1) of this

title (as in effect before August 7, 1977), a prohibition from

using petroleum products or natural gas or both, by reason of an

order under the provisions of section 792(a) and (b) of title 15

or under any legislation which amends or supersedes such

provisions;

(iii) the use of innovative technology sanctioned by an

enforcement order under section 7413(d)(4) (!1) of this title;

(iv) an inability to comply with any such requirement, for

which inability the source has received an order under section

7413(d) (!1) of this title (or an order under section 7413 of

this title issued before August 7, 1977) which has the effect of

permitting a delay or violation of any requirement of this

chapter (including a requirement of an applicable implementation

plan) which inability results from reasons entirely beyond the

control of the owner or operator of such source or of any entity

controlling, controlled by, or under common control with the

owner or operator of such source; or

(v) the conditions by reason of which a temporary emergency

suspension is authorized under section 7410(f) or (g) of this

title.

An exemption under this subparagraph shall cease to be effective if

the source fails to comply with the interim emission control

requirements or schedules of compliance (including increments of

progress) under any such extension, order, or suspension.

(C) The Administrator may, after notice and opportunity for

public hearing, exempt any source from the requirements of this

section with respect to a particular instance of noncompliance if

he finds that such instance of noncompliance is de minimis in

nature and in duration.

(b) Regulations

Regulations under subsection (a) of this section shall -

(1) permit the assessment and collection of such penalty by the

State if the State has a delegation of authority in effect under

subsection (a)(1)(B)(i) of this section;

(2) provide for the assessment and collection of such penalty

by the Administrator, if -

(A) the State does not have a delegation of authority in

effect under subsection (a)(1)(B)(i) of this section, or

(B) the State has such a delegation in effect but fails with

respect to any particular person or source to assess or collect

the penalty in accordance with the requirements of this

section;

(3) require the States, or in the event the States fail to do

so, the Administrator, to give a brief but reasonably specific

notice of noncompliance under this section to each person

referred to in subsection (a)(2)(A) of this section with respect

to each source owned or operated by such person which is not in

compliance as provided in such subsection, not later than July 1,

1979, or thirty days after the discovery of such noncompliance,

whichever is later;

(4) require each person to whom notice is given under paragraph

(3) to -

(A) calculate the amount of the penalty owed (determined in

accordance with subsection (d)(2) of this section) and the

schedule of payments (determined in accordance with subsection

(d)(3) of this section) for each such source and, within

forty-five days after the issuance of such notice or after the

denial of a petition under subparagraph (B), to submit that

calculation and proposed schedule, together with the

information necessary for an independent verification thereof,

to the State and to the Administrator, or

(B) submit a petition, within forty-five days after the

issuance of such notice, challenging such notice of

noncompliance or alleging entitlement to an exemption under

subsection (a)(2)(B) of this section with respect to a

particular source;

(5) require the Administrator to provide a hearing on the

record (within the meaning of subchapter II of chapter 5 of title

5) and to make a decision on such petition (including findings of

fact and conclusions of law) not later than ninety days after the

receipt of any petition under paragraph (4)(B), unless the State

agrees to provide a hearing which is substantially similar to

such a hearing on the record and to make a decision on such

petition (including such findings and conclusions) within such

ninety-day period;

(6)(A) authorize the Administrator on his own initiative to

review the decision of the State under paragraph (5) and

disapprove it if it is not in accordance with the requirements of

this section, and (B) require the Administrator to do so not

later than sixty days after receipt of a petition under this

subparagraph, notice, and public hearing and a showing by such

petitioner that the State decision under paragraph (5) is not in

accordance with the requirements of this section;

(7) require payment, in accordance with subsection (d) of this

section, of the penalty by each person to whom notice of

noncompliance is given under paragraph (3) with respect to each

noncomplying source for which such notice is given unless there

has been a final determination granting a petition under

paragraph (4)(B) with respect to such source;

(8) authorize the State or the Administrator to adjust (and

from time to time to readjust) the amount of the penalty

assessment calculated or the payment schedule proposed by such

owner or operator under paragraph (4), if the Administrator finds

after notice and opportunity for a hearing on the record that the

penalty or schedule does not meet the requirements of this

section; and

(9) require a final adjustment of the penalty within 180 days

after such source comes into compliance in accordance with

subsection (d)(4) of this section.

In any case in which the State establishes a noncompliance penalty

under this section, the State shall provide notice thereof to the

Administrator. A noncompliance penalty established by a State under

this section shall apply unless the Administrator, within ninety

days after the date of receipt of notice of the State penalty

assessment under this section, objects in writing to the amount of

the penalty as less than would be required to comply with

guidelines established by the Administrator. If the Administrator

objects, he shall immediately establish a substitute noncompliance

penalty applicable to such source.

(c) Contract to assist in determining amount of penalty assessment

or payment schedule

If the owner or operator of any stationary source to whom a

notice is issued under subsection (b)(3) of this section -

(1) does not submit a timely petition under subsection

(b)(4)(B) of this section, or

(2) submits a petition under subsection (b)(4)(B) of this

section which is denied, and

fails to submit a calculation of the penalty assessment, a schedule

for payment, and the information necessary for independent

verification thereof, the State (or the Administrator, as the case

may be) may enter into a contract with any person who has no

financial interest in the owner or operator of the source (or in

any person controlling, controlled by or under common control with

such source) to assist in determining the amount of the penalty

assessment or payment schedule with respect to such source. The

cost of carrying out such contract may be added to the penalty to

be assessed against the owner or operator of such source.

(d) Payment

(1) All penalties assessed by the Administrator under this

section shall be paid to the United States Treasury. All penalties

assessed by the State under this section shall be paid to such

State.

(2) The amount of the penalty which shall be assessed and

collected with respect to any source under this section shall be

equal to -

(A) the amount determined in accordance with regulations

promulgated by the Administrator under subsection (a) of this

section, which is no less than the economic value which a delay

in compliance beyond July 1, 1979, may have for the owner of such

source, including the quarterly equivalent of the capital costs

of compliance and debt service over a normal amortization period,

not to exceed ten years, operation and maintenance costs foregone

as a result of noncompliance, and any additional economic value

which such a delay may have for the owner or operator of such

source, minus

(B) the amount of any expenditure made by the owner or operator

of that source during any such quarter for the purpose of

bringing that source into, and maintaining compliance with, such

requirement, to the extent that such expenditures have not been

taken into account in the calculation of the penalty under

subparagraph (A).

To the extent that any expenditure under subparagraph (B) made

during any quarter is not subtracted for such quarter from the

costs under subparagraph (A), such expenditure may be subtracted

for any subsequent quarter from such costs. In no event shall the

amount paid be less than the quarterly payment minus the amount

attributed to actual cost of construction.

(3)(A) The assessed penalty required under this section shall be

paid in quarterly installments for the period of covered

noncompliance. All quarterly payments (determined without regard to

any adjustment or any subtraction under paragraph (2)(B)) after the

first payment shall be equal.

(B) The first payment shall be due on the date six months after

the date of issuance of the notice of noncompliance under

subsection (b)(3) of this section with respect to any source or on

January 1, 1980, whichever is later. Such first payment shall be in

the amount of the quarterly installment for the upcoming quarter,

plus the amount owed for any preceding period within the period of

covered noncompliance for such source.

(C) For the purpose of this section, the term "period of covered

noncompliance" means the period which begins -

(i) two years after August 7, 1977, in the case of a source for

which notice of noncompliance under subsection (b)(3) of this

section is issued on or before the date two years after August 7,

1977, or

(ii) on the date of issuance of the notice of noncompliance

under subsection (b)(3) of this section, in the case of a source

for which such notice is issued after July 1, 1979,

and ending on the date on which such source comes into (or for the

purpose of establishing the schedule of payments, is estimated to

come into) compliance with such requirement.

(4) Upon making a determination that a source with respect to

which a penalty has been paid under this section is in compliance

and is maintaining compliance with the applicable requirement, the

State (or the Administrator as the case may be) shall review the

actual expenditures made by the owner or operator of such source

for the purpose of attaining and maintaining compliance, and shall

within 180 days after such source comes into compliance -

(A) provide reimbursement with interest (to be paid by the

State or Secretary of the Treasury, as the case may be) at

appropriate prevailing rates (as determined by the Secretary of

the Treasury) for any overpayment by such person, or

(B) assess and collect an additional payment with interest at

appropriate prevailing rates (as determined by the Secretary of

the Treasury) for any underpayment by such person.

(5) Any person who fails to pay the amount of any penalty with

respect to any source under this section on a timely basis shall be

required to pay in addition a quarterly nonpayment penalty for each

quarter during which such failure to pay persists. Such nonpayment

penalty shall be in an amount equal to 20 percent of the aggregate

amount of such person's penalties and nonpayment penalties with

respect to such source which are unpaid as of the beginning of such

quarter.

(e) Judicial review

Any action pursuant to this section, including any objection of

the Administrator under the last sentence of subsection (b) of this

section, shall be considered a final action for purposes of

judicial review of any penalty under section 7607 of this title.

(f) Other orders, payments, sanctions, or requirements

Any orders, payments, sanctions, or other requirements under this

section shall be in addition to any other permits, orders,

payments, sanctions, or other requirements established under this

chapter, and shall in no way affect any civil or criminal

enforcement proceedings brought under any provision of this chapter

or State or local law.

(g) More stringent emission limitations or other requirements

In the case of any emission limitation or other requirement

approved or promulgated by the Administrator under this chapter

after August 7, 1977, which is more stringent than the emission

limitation or requirement for the source in effect prior to such

approval or promulgation, if any, or where there was no emission

limitation or requirement approved or promulgated before August 7,

1977, the date for imposition of the non-compliance penalty under

this section, shall be either July 1, 1979, or the date on which

the source is required to be in full compliance with such emission

limitation or requirement, whichever is later, but in no event

later than three years after the approval or promulgation of such

emission limitation or requirement.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 120, as added Pub. L. 95-95,

title I, Sec. 118, Aug. 7, 1977, 91 Stat. 714; amended Pub. L.

95-190, Sec. 14(a)(28)-(38), Nov. 16, 1977, 91 Stat. 1401; Pub. L.

101-549, title VII, Sec. 710(a), Nov. 15, 1990, 104 Stat. 2684.)

-REFTEXT-

REFERENCES IN TEXT

Section 7413(d) of this title, referred to in subsec. (a)(2)(B),

was amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov.

15, 1990, 104 Stat. 2672, and, as so amended, no longer relates to

final compliance orders.

Section 1857c-10 of this title (as in effect before August 7,

1977), referred to in subsec. (a)(2)(B)(i), was in the original

"section 119 (as in effect before the date of the enactment of the

Clean Air Act Amendments of 1977)", meaning section 119 of act July

14, 1955, ch. 360, title I, as added June 22, 1974, Pub. L. 93-319,

Sec. 3, 88 Stat. 248, (which was classified to section 1857c-10 of

this title) as in effect prior to the enactment of Pub. L. 95-95,

Aug. 7, 1977, 91 Stat. 691, effective Aug. 7, 1977. Section

112(b)(1) of Pub. L. 95-95 repealed section 119 of act July 14,

1955, ch. 360, title I, as added by Pub. L. 93-319, and provided

that all references to such section 119 in any subsequent enactment

which supersedes Pub. L. 93-319 shall be construed to refer to

section 113(d) of the Clean Air Act and to paragraph (5) thereof in

particular which is classified to subsec. (d)(5) of section 7413 of

this title. Section 7413(d) of this title was subsequently amended

generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990,

104 Stat. 2672, and, as so amended, no longer relates to final

compliance orders. Section 117(b) of Pub. L. 95-95 added a new

section 119 of act July 14, 1955, which is classified to section

7419 of this title.

Section 1857c-10(c)(1) of this title (as in effect before August

7, 1977), referred to in subsec. (a)(2)(B)(ii), was in the original

"section 119(c)(1) (as in effect before the date of the enactment

of the Clean Air Act Amendments of 1977)." See paragraph set out

above for explanation of codification.

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(2)(A). Pub. L. 101-549 inserted reference to

sections 7477 and 7603 of this title in cl. (ii), added cl. (iii),

and redesignated former cl. (iii) as (iv) and inserted reference to

cl. (iii).

1977 - Subsec. (a)(2)(A). Pub. L. 95-190, Sec. 14(a)(28), (29),

in cls. (i) and (iii) inserted provisions relating to consent

decrees wherever appearing.

Subsec. (a)(2)(B). Pub. L. 95-190, Sec. 14(a)(30), (31), in cl.

(i) inserted reference to section 7413(d)(5) of this title, and in

cls. (i) and (ii) inserted provision relating to orders in effect

under section 1857c-10 of this title before Aug. 7, 1977, wherever

appearing.

Subsec. (b). Pub. L. 95-190, Sec. 14(a)(34)-(36), in closing

provisions inserted provisions relating to notice to the

Administrator when a noncompliance penalty is established by a

State, and substituted references to noncompliance for references

to delayed compliance in two places, "source" for "facility", and

"receipt of notice of the State penalty assessment" for

"publication of the proposed penalty".

Subsec. (b)(2)(A). Pub. L. 95-190, Sec. 14(a)(33), substituted

"(a)(1)(B)(i)" for "(e)".

Subsec. (b)(8). Pub. L. 95-190, Sec. 14(a)(32), substituted "(4)"

for "(6)".

Subsec. (d)(2)(A). Pub. L. 95-190, Sec. 14(a)(37), inserted

provisions relating to inclusion of the economic value of a delay

in compliance, and substituted "such a delay" for "a delay in

compliance beyond July 1, 1979,".

Subsec. (e). Pub. L. 95-190, Sec. 14(a)(38), substituted

"subsection, shall" for "subsection shall".

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7412, 7413, 7419, 7425,

7429, 7607, 7627, 7651j of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7421 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7421. Consultation

-STATUTE-

In carrying out the requirements of this chapter requiring

applicable implementation plans to contain -

(1) any transportation controls, air quality maintenance plan

requirements or preconstruction review of direct sources of air

pollution, or

(2) any measure referred to -

(A) in part D of this subchapter (pertaining to nonattainment

requirements), or

(B) in part C of this subchapter (pertaining to prevention of

significant deterioration),

and in carrying out the requirements of section 7413(d) (!1) of

this title (relating to certain enforcement orders), the State

shall provide a satisfactory process of consultation with general

purpose local governments, designated organizations of elected

officials of local governments and any Federal land manager having

authority over Federal land to which the State plan applies,

effective with respect to any such requirement which is adopted

more than one year after August 7, 1977, as part of such plan. Such

process shall be in accordance with regulations promulgated by the

Administrator to assure adequate consultation. The Administrator

shall update as necessary the original regulations required and

promulgated under this section (as in effect immediately before

November 15, 1990) to ensure adequate consultation. Only a general

purpose unit of local government, regional agency, or council of

governments adversely affected by action of the Administrator

approving any portion of a plan referred to in this subsection may

petition for judicial review of such action on the basis of a

violation of the requirements of this section.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 121, as added Pub. L. 95-95,

title I, Sec. 119, Aug. 7, 1977, 91 Stat. 719; amended Pub. L.

101-549, title I, Sec. 108(h), Nov. 15, 1990, 104 Stat. 2467.)

-REFTEXT-

REFERENCES IN TEXT

Section 7413(d) of this title, referred to in text, was amended

generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990,

104 Stat. 2672, and, as so amended, no longer relates to final

compliance orders.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549 amended penultimate sentence generally.

Prior to amendment, penultimate sentence read as follows: "Such

regulations shall be promulgated after notice and opportunity for

public hearing and not later than 6 months after August 7, 1977."

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7410 of this title; title

15 section 1410.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7422 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7422. Listing of certain unregulated pollutants

-STATUTE-

(a) Radioactive pollutants, cadmium, arsenic, and polycyclic

organic matter

Not later than one year after August 7, 1977 (two years for

radioactive pollutants) and after notice and opportunity for public

hearing, the Administrator shall review all available relevant

information and determine whether or not emissions of radioactive

pollutants (including source material, special nuclear material,

and byproduct material), cadmium, arsenic and polycyclic organic

matter into the ambient air will cause, or contribute to, air

pollution which may reasonably be anticipated to endanger public

health. If the Administrator makes an affirmative determination

with respect to any such substance, he shall simultaneously with

such determination include such substance in the list published

under section 7408(a)(1) or 7412(b)(1)(A) (!1) of this title (in

the case of a substance which, in the judgment of the

Administrator, causes, or contributes to, air pollution which may

reasonably be anticipated to result in an increase in mortality or

an increase in serious irreversible, or incapacitating reversible,

illness), or shall include each category of stationary sources

emitting such substance in significant amounts in the list

published under section 7411(b)(1)(A) of this title, or take any

combination of such actions.

(b) Revision authority

Nothing in subsection (a) of this section shall be construed to

affect the authority of the Administrator to revise any list

referred to in subsection (a) of this section with respect to any

substance (whether or not enumerated in subsection (a) of this

section).

(c) Consultation with Nuclear Regulatory Commission; interagency

agreement; notice and hearing

(1) Before listing any source material, special nuclear, or

byproduct material (or component or derivative thereof) as provided

in subsection (a) of this section, the Administrator shall consult

with the Nuclear Regulatory Commission.

(2) Not later than six months after listing any such material (or

component or derivative thereof) the Administrator and the Nuclear

Regulatory Commission shall enter into an interagency agreement

with respect to those sources or facilities which are under the

jurisdiction of the Commission. This agreement shall, to the

maximum extent practicable consistent with this chapter, minimize

duplication of effort and conserve administrative resources in the

establishment, implementation, and enforcement of emission

limitations, standards of performance, and other requirements and

authorities (substantive and procedural) under this chapter

respecting the emission of such material (or component or

derivative thereof) from such sources or facilities.

(3) In case of any standard or emission limitation promulgated by

the Administrator, under this chapter or by any State (or the

Administrator) under any applicable implementation plan under this

chapter, if the Nuclear Regulatory Commission determines, after

notice and opportunity for public hearing that the application of

such standard or limitation to a source or facility within the

jurisdiction of the Commission would endanger public health or

safety, such standard or limitation shall not apply to such

facilities or sources unless the President determines otherwise

within ninety days from the date of such finding.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 122, as added Pub. L. 95-95,

title I, Sec. 120(a), Aug. 7, 1977, 91 Stat. 720.)

-REFTEXT-

REFERENCES IN TEXT

Section 7412(b)(1), referred to in subsec. (a), was amended

generally by Pub. L. 101-549, title III, Sec. 301, Nov. 15, 1990,

104 Stat. 2531, and, as so amended, no longer contains a subpar.

(A).

-MISC1-

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-MISC2-

STUDY BY ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AGENCY

Section 120(b) of Pub. L. 95-95 directed Administrator of

Environmental Protection Agency to conduct a study, in conjunction

with other appropriate agencies, concerning effect on public health

and welfare of sulfates, radioactive pollutants, cadmium, arsenic,

and polycyclic organic matter which are present or may reasonably

be anticipated to occur in the ambient air, such study to include a

thorough investigation of how sulfates are formed and how to

protect public health and welfare from the injurious effects, if

any, of sulfates, cadmium, arsenic, and polycyclic organic matter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7423 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7423. Stack heights

-STATUTE-

(a) Heights in excess of good engineering practice; other

dispersion techniques

The degree of emission limitation required for control of any air

pollutant under an applicable implementation plan under this

subchapter shall not be affected in any manner by -

(1) so much of the stack height of any source as exceeds good

engineering practice (as determined under regulations promulgated

by the Administrator), or

(2) any other dispersion technique.

The preceding sentence shall not apply with respect to stack

heights in existence before December 31, 1970, or dispersion

techniques implemented before such date. In establishing an

emission limitation for coal-fired steam electric generating units

which are subject to the provisions of section 7418 of this title

and which commenced operation before July 1, 1957, the effect of

the entire stack height of stacks for which a construction contract

was awarded before February 8, 1974, may be taken into account.

(b) Dispersion technique

For the purpose of this section, the term "dispersion technique"

includes any intermittent or supplemental control of air pollutants

varying with atmospheric conditions.

(c) Regulations; good engineering practice

Not later than six months after August 7, 1977, the

Administrator, shall after notice and opportunity for public

hearing, promulgate regulations to carry out this section. For

purposes of this section, good engineering practice means, with

respect to stack heights, the height necessary to insure that

emissions from the stack do not result in excessive concentrations

of any air pollutant in the immediate vicinity of the source as a

result of atmospheric downwash, eddies and wakes which may be

created by the source itself, nearby structures or nearby terrain

obstacles (as determined by the Administrator). For purposes of

this section such height shall not exceed two and a half times the

height of such source unless the owner or operator of the source

demonstrates, after notice and opportunity for public hearing, to

the satisfaction of the Administrator, that a greater height is

necessary as provided under the preceding sentence. In no event may

the Administrator prohibit any increase in any stack height or

restrict in any manner the stack height of any source.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 123, as added Pub. L. 95-95,

title I, Sec. 121, Aug. 7, 1977, 91 Stat. 721.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-End-

-CITE-

42 USC Sec. 7424 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7424. Assurance of adequacy of State plans

-STATUTE-

(a) State review of implementation plans which relate to major fuel

burning sources

As expeditiously as practicable but not later than one year after

August 7, 1977, each State shall review the provisions of its

implementation plan which relate to major fuel burning sources and

shall determine -

(1) the extent to which compliance with requirements of such

plan is dependent upon the use by major fuel burning stationary

sources of petroleum products or natural gas,

(2) the extent to which such plan may reasonably be anticipated

to be inadequate to meet the requirements of this chapter in such

State on a reliable and long-term basis by reason of its

dependence upon the use of such fuels, and

(3) the extent to which compliance with the requirements of

such plan is dependent upon use of coal or coal derivatives which

is not locally or regionally available.

Each State shall submit the results of its review and its

determination under this paragraph to the Administrator promptly

upon completion thereof.

(b) Plan revision

(1) Not later than eighteen months after August 7, 1977, the

Administrator shall review the submissions of the States under

subsection (a) of this section and shall require each State to

revise its plan if, in the judgment of the Administrator, such plan

revision is necessary to assure that such plan will be adequate to

assure compliance with the requirements of this chapter in such

State on a reliable and long-term basis, taking into account the

actual or potential prohibitions on use of petroleum products or

natural gas, or both, under any other authority of law.

(2) Before requiring a plan revision under this subsection, with

respect to any State the Administrator shall take into account the

report of the review conducted by such State under paragraph (1)

and shall consult with the Governor of the State respecting such

required revision.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 124, as added Pub. L. 95-95,

title I, Sec. 122, Aug. 7, 1977, 91 Stat. 722.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-End-

-CITE-

42 USC Sec. 7425 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7425. Measures to prevent economic disruption or unemployment

-STATUTE-

(a) Determination that action is necessary

After notice and opportunity for a public hearing -

(1) the Governor of any State in which a major fuel burning

stationary source referred to in this subsection (or class or

category thereof) is located,

(2) the Administrator, or

(3) the President (or his designee),

may determine that action under subsection (b) of this section is

necessary to prevent or minimize significant local or regional

economic disruption or unemployment which would otherwise result

from use by such source (or class or category) of -

(A) coal or coal derivatives other than locally or regionally

available coal,

(B) petroleum products,

(C) natural gas, or

(D) any combination of fuels referred to in subparagraphs (A)

through (C),

to comply with the requirements of a State implementation plan.

(b) Use of locally or regionally available coal or coal derivatives

to comply with implementation plan requirements

Upon a determination under subsection (a) of this section -

(1) such Governor, with the written consent of the President or

his designee,

(2) the President's designee with the written consent of such

Governor, or

(3) the President

may by rule or order prohibit any such major fuel burning

stationary source (or class or category thereof) from using fuels

other than locally or regionally available coal or coal derivatives

to comply with implementation plan requirements. In taking any

action under this subsection, the Governor, the President, or the

President's designee as the case may be, shall take into account,

the final cost to the consumer of such an action.

(c) Contracts; schedules

The Governor, in the case of action under subsection (b)(1) of

this section, or the Administrator, in the case of an action under

subsection (b)(2) or (3) of this section shall, by rule or order,

require each source to which such action applies to -

(1) enter into long-term contracts of at least ten years in

duration (except as the President or his designee may otherwise

permit or require by rule or order for good cause) for supplies

of regionally available coal or coal derivatives,

(2) enter into contracts to acquire any additional means of

emission limitation which the Administrator or the State

determines may be necessary to comply with the requirements of

this chapter while using such coal or coal derivatives as fuel,

and

(3) comply with such schedules (including increments of

progress), timetables and other requirements as may be necessary

to assure compliance with the requirements of this chapter.

Requirements under this subsection shall be established

simultaneously with, and as a condition of, any action under

subsection (b) of this section.

(d) Existing or new major fuel burning stationary sources

This section applies only to existing or new major fuel burning

stationary sources -

(1) which have the design capacity to produce 250,000,000 Btu's

per hour (or its equivalent), as determined by the Administrator,

and

(2) which are not in compliance with the requirements of an

applicable implementation plan or which are prohibited from

burning oil or natural gas, or both, under any other authority of

law.

(e) Actions not to be deemed modifications of major fuel burning

stationary sources

Except as may otherwise be provided by rule by the State or the

Administrator for good cause, any action required to be taken by a

major fuel burning stationary source under this section shall not

be deemed to constitute a modification for purposes of section

7411(a)(2) and (4) of this title.

(f) Treatment of prohibitions, rules, or orders as requirements or

parts of plans under other provisions

For purposes of sections 7413 and 7420 of this title a

prohibition under subsection (b) of this section, and a

corresponding rule or order under subsection (c) of this section,

shall be treated as a requirement of section 7413 of this title.

For purposes of any plan (or portion thereof) promulgated under

section 7410(c) of this title, any rule or order under subsection

(c) of this section corresponding to a prohibition under subsection

(b) of this section, shall be treated as a part of such plan. For

purposes of section 7413 of this title, a prohibition under

subsection (b) of this section, applicable to any source, and a

corresponding rule or order under subsection (c) of this section,

shall be treated as part of the applicable implementation plan for

the State in which subject source is located.

(g) Delegation of Presidential authority

The President may delegate his authority under this section to an

officer or employee of the United States designated by him on a

case-by-case basis or in any other manner he deems suitable.

(h) "Locally or regionally available coal or coal derivatives"

defined

For the purpose of this section the term "locally or regionally

available coal or coal derivatives" means coal or coal derivatives

which is, or can in the judgment of the State or the Administrator

feasibly be, mined or produced in the local or regional area (as

determined by the Administrator) in which the major fuel burning

stationary source is located.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 125, as added Pub. L. 95-95,

title I, Sec. 122, Aug. 7, 1977, 91 Stat. 722.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6215 of this title.

-End-

-CITE-

42 USC Sec. 7426 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7426. Interstate pollution abatement

-STATUTE-

(a) Written notice to all nearby States

Each applicable implementation plan shall -

(1) require each major proposed new (or modified) source -

(A) subject to part C of this subchapter (relating to

significant deterioration of air quality) or

(B) which may significantly contribute to levels of air

pollution in excess of the national ambient air quality

standards in any air quality control region outside the State

in which such source intends to locate (or make such

modification),

to provide written notice to all nearby States the air pollution

levels of which may be affected by such source at least sixty

days prior to the date on which commencement of construction is

to be permitted by the State providing notice, and

(2) identify all major existing stationary sources which may

have the impact described in paragraph (1) with respect to new or

modified sources and provide notice to all nearby States of the

identity of such sources not later than three months after August

7, 1977.

(b) Petition for finding that major sources emit or would emit

prohibited air pollutants

Any State or political subdivision may petition the Administrator

for a finding that any major source or group of stationary sources

emits or would emit any air pollutant in violation of the

prohibition of section 7410(a)(2)(D)(ii) of this title or this

section. Within 60 days after receipt of any petition under this

subsection and after public hearing, the Administrator shall make

such a finding or deny the petition.

(c) Violations; allowable continued operation

Notwithstanding any permit which may have been granted by the

State in which the source is located (or intends to locate), it

shall be a violation of this section and the applicable

implementation plan in such State -

(1) for any major proposed new (or modified) source with

respect to which a finding has been made under subsection (b) of

this section to be constructed or to operate in violation of the

prohibition of section 7410(a)(2)(D)(ii) of this title or this

section, or

(2) for any major existing source to operate more than three

months after such finding has been made with respect to it.

The Administrator may permit the continued operation of a source

referred to in paragraph (2) beyond the expiration of such

three-month period if such source complies with such emission

limitations and compliance schedules (containing increments of

progress) as may be provided by the Administrator to bring about

compliance with the requirements contained in section

7410(a)(2)(D)(ii) of this title or this section as expeditiously as

practicable, but in no case later than three years after the date

of such finding. Nothing in the preceding sentence shall be

construed to preclude any such source from being eligible for an

enforcement order under section 7413(d) (!1) of this title after

the expiration of such period during which the Administrator has

permitted continuous operation.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 126, as added Pub. L. 95-95,

title I, Sec. 123, Aug. 7, 1977, 91 Stat. 724; amended Pub. L.

95-190, Sec. 14(a)(39), Nov. 16, 1977, 91 Stat. 1401; Pub. L.

101-549, title I, Sec. 109(a), Nov. 15, 1990, 104 Stat. 2469.)

-REFTEXT-

REFERENCES IN TEXT

Section 7413(d) of this title, referred to in subsec. (c), was

amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,

1990, 104 Stat. 2672, and, as so amended, no longer relates to

final compliance orders.

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-549, Sec. 109(a)(1), inserted "or

group of stationary sources" after "any major source" and

substituted "section 7410(a)(2)(D)(ii) of this title or this

section" for "section 7410(a)(2)(E)(i) of this title".

Subsec. (c). Pub. L. 101-549, Sec. 109(a)(2)(A), which directed

the insertion of "this section and" after "violation of", was

executed by making the insertion after first reference to

"violation of" to reflect the probable intent of Congress.

Pub. L. 101-549, Sec. 109(a)(2)(B), substituted "section

7410(a)(2)(D)(ii) of this title or this section" for "section

7410(a)(2)(E)(i) of this title" in par. (1) and penultimate

sentence.

1977 - Subsec. (a)(1). Pub. L. 95-190 substituted "(relating to

significant deterioration of air quality)" for ", relating to

significant deterioration of air quality".

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7410, 7607 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7427 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7427. Public notification

-STATUTE-

(a) Warning signs; television, radio, or press notices or

information

Each State plan shall contain measures which will be effective to

notify the public during any calendar (!1) on a regular basis of

instances or areas in which any national primary ambient air

quality standard is exceeded or was exceeded during any portion of

the preceding calendar year to advise the public of the health

hazards associated with such pollution, and to enhance public

awareness of the measures which can be taken to prevent such

standards from being exceeded and the ways in which the public can

participate in regulatory and other efforts to improve air quality.

Such measures may include the posting of warning signs on

interstate highway access points to metropolitan areas or

television, radio, or press notices or information.

(b) Grants

The Administrator is authorized to make grants to States to

assist in carrying out the requirements of subsection (a) of this

section.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 127, as added Pub. L. 95-95,

title I, Sec. 124, Aug. 7, 1977, 91 Stat. 725.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7410 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "calendar year".

-End-

-CITE-

42 USC Sec. 7428 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7428. State boards

-STATUTE-

(a) (!1) Not later than the date one year after August 7, 1977,

each applicable implementation plan shall contain requirements that

-

(1) any board or body which approves permits or enforcement

orders under this chapter shall have at least a majority of

members who represent the public interest and do not derive any

significant portion of their income from persons subject to

permits or enforcement orders under this chapter, and

(2) any potential conflicts of interest by members of such

board or body or the head of an executive agency with similar

powers be adequately disclosed.

A State may adopt any requirements respecting conflicts of interest

for such boards or bodies or heads of executive agencies, or any

other entities which are more stringent than the requirements of

paragraph (1) and (2), and the Administrator shall approve any such

more stringent requirements submitted as part of an implementation

plan.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 128, as added Pub. L. 95-95,

title I, Sec. 125, Aug. 7, 1977, 91 Stat. 725.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7410 of this title.

-FOOTNOTE-

(!1) So in original. Section enacted without a subsec. (b).

-End-

-CITE-

42 USC Sec. 7429 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7429. Solid waste combustion

-STATUTE-

(a) New source performance standards

(1) In general

(A) The Administrator shall establish performance standards and

other requirements pursuant to section 7411 of this title and

this section for each category of solid waste incineration units.

Such standards shall include emissions limitations and other

requirements applicable to new units and guidelines (under

section 7411(d) of this title and this section) and other

requirements applicable to existing units.

(B) Standards under section 7411 of this title and this section

applicable to solid waste incineration units with capacity

greater than 250 tons per day combusting municipal waste shall be

promulgated not later than 12 months after November 15, 1990.

Nothing in this subparagraph shall alter any schedule for the

promulgation of standards applicable to such units under section

7411 of this title pursuant to any settlement and consent decree

entered by the Administrator before November 15, 1990: Provided,

That, such standards are subsequently modified pursuant to the

schedule established in this subparagraph to include each of the

requirements of this section.

(C) Standards under section 7411 of this title and this section

applicable to solid waste incineration units with capacity equal

to or less than 250 tons per day combusting municipal waste and

units combusting hospital waste, medical waste and infectious

waste shall be promulgated not later than 24 months after

November 15, 1990.

(D) Standards under section 7411 of this title and this section

applicable to solid waste incineration units combusting

commercial or industrial waste shall be proposed not later than

36 months after November 15, 1990, and promulgated not later than

48 months after November 15, 1990.

(E) Not later than 18 months after November 15, 1990, the

Administrator shall publish a schedule for the promulgation of

standards under section 7411 of this title and this section

applicable to other categories of solid waste incineration units.

(2) Emissions standard

Standards applicable to solid waste incineration units

promulgated under section 7411 of this title and this section

shall reflect the maximum degree of reduction in emissions of air

pollutants listed under section (!1) (a)(4) that the

Administrator, taking into consideration the cost of achieving

such emission reduction, and any non-air quality health and

environmental impacts and energy requirements, determines is

achievable for new or existing units in each category. The

Administrator may distinguish among classes, types (including

mass-burn, refuse-derived fuel, modular and other types of

units), and sizes of units within a category in establishing such

standards. The degree of reduction in emissions that is deemed

achievable for new units in a category shall not be less

stringent than the emissions control that is achieved in practice

by the best controlled similar unit, as determined by the

Administrator. Emissions standards for existing units in a

category may be less stringent than standards for new units in

the same category but shall not be less stringent than the

average emissions limitation achieved by the best performing 12

percent of units in the category (excluding units which first met

lowest achievable emissions rates 18 months before the date such

standards are proposed or 30 months before the date such

standards are promulgated, whichever is later).

(3) Control methods and technologies

Standards under section 7411 of this title and this section

applicable to solid waste incineration units shall be based on

methods and technologies for removal or destruction of pollutants

before, during, or after combustion, and shall incorporate for

new units siting requirements that minimize, on a site specific

basis, to the maximum extent practicable, potential risks to

public health or the environment.

(4) Numerical emissions limitations

The performance standards promulgated under section 7411 of

this title and this section and applicable to solid waste

incineration units shall specify numerical emission limitations

for the following substances or mixtures: particulate matter

(total and fine), opacity (as appropriate), sulfur dioxide,

hydrogen chloride, oxides of nitrogen, carbon monoxide, lead,

cadmium, mercury, and dioxins and dibenzofurans. The

Administrator may promulgate numerical emissions limitations or

provide for the monitoring of postcombustion concentrations of

surrogate substances, parameters or periods of residence time in

excess of stated temperatures with respect to pollutants other

than those listed in this paragraph.

(5) Review and revision

Not later than 5 years following the initial promulgation of

any performance standards and other requirements under this

section and section 7411 of this title applicable to a category

of solid waste incineration units, and at 5 year intervals

thereafter, the Administrator shall review, and in accordance

with this section and section 7411 of this title, revise such

standards and requirements.

(b) Existing units

(1) Guidelines

Performance standards under this section and section 7411 of

this title for solid waste incineration units shall include

guidelines promulgated pursuant to section 7411(d) of this title

and this section applicable to existing units. Such guidelines

shall include, as provided in this section, each of the elements

required by subsection (a) of this section (emissions

limitations, notwithstanding any restriction in section 7411(d)

of this title regarding issuance of such limitations), subsection

(c) of this section (monitoring), subsection (d) of this section

(operator training), subsection (e) of this section (permits),

and subsection (h)(4) (!2) of this section (residual risk).

(2) State plans

Not later than 1 year after the Administrator promulgates

guidelines for a category of solid waste incineration units, each

State in which units in the category are operating shall submit

to the Administrator a plan to implement and enforce the

guidelines with respect to such units. The State plan shall be at

least as protective as the guidelines promulgated by the

Administrator and shall provide that each unit subject to the

guidelines shall be in compliance with all requirements of this

section not later than 3 years after the State plan is approved

by the Administrator but not later than 5 years after the

guidelines were promulgated. The Administrator shall approve or

disapprove any State plan within 180 days of the submission, and

if a plan is disapproved, the Administrator shall state the

reasons for disapproval in writing. Any State may modify and

resubmit a plan which has been disapproved by the Administrator.

(3) Federal plan

The Administrator shall develop, implement and enforce a plan

for existing solid waste incineration units within any category

located in any State which has not submitted an approvable plan

under this subsection with respect to units in such category

within 2 years after the date on which the Administrator

promulgated the relevant guidelines. Such plan shall assure that

each unit subject to the plan is in compliance with all

provisions of the guidelines not later than 5 years after the

date the relevant guidelines are promulgated.

(c) Monitoring

The Administrator shall, as part of each performance standard

promulgated pursuant to subsection (a) of this section and section

7411 of this title, promulgate regulations requiring the owner or

operator of each solid waste incineration unit -

(1) to monitor emissions from the unit at the point at which

such emissions are emitted into the ambient air (or within the

stack, combustion chamber or pollution control equipment, as

appropriate) and at such other points as necessary to protect

public health and the environment;

(2) to monitor such other parameters relating to the operation

of the unit and its pollution control technology as the

Administrator determines are appropriate; and

(3) to report the results of such monitoring.

Such regulations shall contain provisions regarding the frequency

of monitoring, test methods and procedures validated on solid waste

incineration units, and the form and frequency of reports

containing the results of monitoring and shall require that any

monitoring reports or test results indicating an exceedance of any

standard under this section shall be reported separately and in a

manner that facilitates review for purposes of enforcement actions.

Such regulations shall require that copies of the results of such

monitoring be maintained on file at the facility concerned and that

copies shall be made available for inspection and copying by

interested members of the public during business hours.

(d) Operator training

Not later than 24 months after November 15, 1990, the

Administrator shall develop and promote a model State program for

the training and certification of solid waste incineration unit

operators and high-capacity fossil fuel fired plant operators. The

Administrator may authorize any State to implement a model program

for the training of solid waste incineration unit operators and

high-capacity fossil fuel fired plant operators, if the State has

adopted a program which is at least as effective as the model

program developed by the Administrator. Beginning on the date 36

months after the date on which performance standards and guidelines

are promulgated under subsection (a) of this section and section

7411 of this title for any category of solid waste incineration

units it shall be unlawful to operate any unit in the category

unless each person with control over processes affecting emissions

from such unit has satisfactorily completed a training program

meeting the requirements established by the Administrator under

this subsection.

(e) Permits

Beginning (1) 36 months after the promulgation of a performance

standard under subsection (a) of this section and section 7411 of

this title applicable to a category of solid waste incineration

units, or (2) the effective date of a permit program under

subchapter V of this chapter in the State in which the unit is

located, whichever is later, each unit in the category shall

operate pursuant to a permit issued under this subsection and

subchapter V of this chapter. Permits required by this subsection

may be renewed according to the provisions of subchapter V of this

chapter. Notwithstanding any other provision of this chapter, each

permit for a solid waste incineration unit combusting municipal

waste issued under this chapter shall be issued for a period of up

to 12 years and shall be reviewed every 5 years after date of

issuance or reissuance. Each permit shall continue in effect after

the date of issuance until the date of termination, unless the

Administrator or State determines that the unit is not in

compliance with all standards and conditions contained in the

permit. Such determination shall be made at regular intervals

during the term of the permit, such intervals not to exceed 5

years, and only after public comment and public hearing. No permit

for a solid waste incineration unit may be issued under this

chapter by an agency, instrumentality or person that is also

responsible, in whole or part, for the design and construction or

operation of the unit. Notwithstanding any other provision of this

subsection, the Administrator or the State shall require the owner

or operator of any unit to comply with emissions limitations or

implement any other measures, if the Administrator or the State

determines that emissions in the absence of such limitations or

measures may reasonably be anticipated to endanger public health or

the environment. The Administrator's determination under the

preceding sentence is a discretionary decision.

(f) Effective date and enforcement

(1) New units

Performance standards and other requirements promulgated

pursuant to this section and section 7411 of this title and

applicable to new solid waste incineration units shall be

effective as of the date 6 months after the date of promulgation.

(2) Existing units

Performance standards and other requirements promulgated

pursuant to this section and section 7411 of this title and

applicable to existing solid waste incineration units shall be

effective as expeditiously as practicable after approval of a

State plan under subsection (b)(2) of this section (or

promulgation of a plan by the Administrator under subsection

(b)(3) of this section) but in no event later than 3 years after

the State plan is approved or 5 years after the date such

standards or requirements are promulgated, whichever is earlier.

(3) Prohibition

After the effective date of any performance standard, emission

limitation or other requirement promulgated pursuant to this

section and section 7411 of this title, it shall be unlawful for

any owner or operator of any solid waste incineration unit to

which such standard, limitation or requirement applies to operate

such unit in violation of such limitation, standard or

requirement or for any other person to violate an applicable

requirement of this section.

(4) Coordination with other authorities

For purposes of sections 7411(e), 7413, 7414, 7416, 7420, 7603,

7604, 7607 of this title and other provisions for the enforcement

of this chapter, each performance standard, emission limitation

or other requirement established pursuant to this section by the

Administrator or a State or local government, shall be treated in

the same manner as a standard of performance under section 7411

of this title which is an emission limitation.

(g) Definitions

For purposes of section 306 of the Clean Air Act Amendments of

1990 and this section only -

(1) Solid waste incineration unit

The term "solid waste incineration unit" means a distinct

operating unit of any facility which combusts any solid waste

material from commercial or industrial establishments or the

general public (including single and multiple residences, hotels,

and motels). Such term does not include incinerators or other

units required to have a permit under section 3005 of the Solid

Waste Disposal Act [42 U.S.C. 6925]. The term "solid waste

incineration unit" does not include (A) materials recovery

facilities (including primary or secondary smelters) which

combust waste for the primary purpose of recovering metals, (B)

qualifying small power production facilities, as defined in

section 796(17)(C) of title 16, or qualifying cogeneration

facilities, as defined in section 796(18)(B) of title 16, which

burn homogeneous waste (such as units which burn tires or used

oil, but not including refuse-derived fuel) for the production of

electric energy or in the case of qualifying cogeneration

facilities which burn homogeneous waste for the production of

electric energy and steam or forms of useful energy (such as

heat) which are used for industrial, commercial, heating or

cooling purposes, or (C) air curtain incinerators provided that

such incinerators only burn wood wastes, yard wastes and clean

lumber and that such air curtain incinerators comply with opacity

limitations to be established by the Administrator by rule.

(2) New solid waste incineration unit

The term "new solid waste incineration unit" means a solid

waste incineration unit the construction of which is commenced

after the Administrator proposes requirements under this section

establishing emissions standards or other requirements which

would be applicable to such unit or a modified solid waste

incineration unit.

(3) Modified solid waste incineration unit

The term "modified solid waste incineration unit" means a solid

waste incineration unit at which modifications have occurred

after the effective date of a standard under subsection (a) of

this section if (A) the cumulative cost of the modifications,

over the life of the unit, exceed 50 per centum of the original

cost of construction and installation of the unit (not including

the cost of any land purchased in connection with such

construction or installation) updated to current costs, or (B)

the modification is a physical change in or change in the method

of operation of the unit which increases the amount of any air

pollutant emitted by the unit for which standards have been

established under this section or section 7411 of this title.

(4) Existing solid waste incineration unit

The term "existing solid waste incineration unit" means a solid

waste unit which is not a new or modified solid waste

incineration unit.

(5) Municipal waste

The term "municipal waste" means refuse (and refuse-derived

fuel) collected from the general public and from residential,

commercial, institutional, and industrial sources consisting of

paper, wood, yard wastes, food wastes, plastics, leather, rubber,

and other combustible materials and non-combustible materials

such as metal, glass and rock, provided that: (A) the term does

not include industrial process wastes or medical wastes that are

segregated from such other wastes; and (B) an incineration unit

shall not be considered to be combusting municipal waste for

purposes of section 7411 of this title or this section if it

combusts a fuel feed stream, 30 percent or less of the weight of

which is comprised, in aggregate, of municipal waste.

(6) Other terms

The terms "solid waste" and "medical waste" shall have the

meanings established by the Administrator pursuant to the Solid

Waste Disposal Act [42 U.S.C. 6901 et seq.].

(h) Other authority

(1) State authority

Nothing in this section shall preclude or deny the right of any

State or political subdivision thereof to adopt or enforce any

regulation, requirement, limitation or standard relating to solid

waste incineration units that is more stringent than a

regulation, requirement, limitation or standard in effect under

this section or under any other provision of this chapter.

(2) Other authority under this chapter

Nothing in this section shall diminish the authority of the

Administrator or a State to establish any other requirements

applicable to solid waste incineration units under any other

authority of law, including the authority to establish for any

air pollutant a national ambient air quality standard, except

that no solid waste incineration unit subject to performance

standards under this section and section 7411 of this title shall

be subject to standards under section 7412(d) of this title.

(3) Residual risk

The Administrator shall promulgate standards under section

7412(f) of this title for a category of solid waste incineration

units, if promulgation of such standards is required under

section 7412(f) of this title. For purposes of this (!3)

preceding sentence only -

(A) the performance standards under subsection (a) of this

section and section 7411 of this title applicable to a category

of solid waste incineration units shall be deemed standards

under section 7412(d)(2) of this title, and

(B) the Administrator shall consider and regulate, if

required, the pollutants listed under subsection (a)(4) of this

section and no others.

(4) Acid rain

A solid waste incineration unit shall not be a utility unit as

defined in subchapter IV-A of this chapter: Provided, That, more

than 80 per centum of its annual average fuel consumption

measured on a Btu basis, during a period or periods to be

determined by the Administrator, is from a fuel (including any

waste burned as a fuel) other than a fossil fuel.

(5) Requirements of parts C and D

No requirement of an applicable implementation plan under

section 7475 of this title (relating to construction of

facilities in regions identified pursuant to section

7407(d)(1)(A)(ii) or (iii) of this title) or under section

7502(c)(5) of this title (relating to permits for construction

and operation in nonattainment areas) may be used to weaken the

standards in effect under this section.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 129, as added Pub. L.

101-549, title III, Sec. 305(a), Nov. 15, 1990, 104 Stat. 2577.)

-REFTEXT-

REFERENCES IN TEXT

Section 306 of the Clean Air Act Amendments of 1990, referred to

in subsec. (g), probably means section 306 of Pub. L. 101-549,

which is set out as a note under section 6921 of this title.

The Solid Waste Disposal Act, referred to in subsec. (g)(6), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

-MISC1-

REVIEW OF ACID GAS SCRUBBING REQUIREMENTS

Section 305(c) of Pub. L. 101-549 provided that: "Prior to the

promulgation of any performance standard for solid waste

incineration units combusting municipal waste under section 111 or

section 129 of the Clean Air Act [42 U.S.C. 7411, 7429], the

Administrator shall review the availability of acid gas scrubbers

as a pollution control technology for small new units and for

existing units (as defined in 54 Federal Register 52190 (December

20, 1989)[)], taking into account the provisions of subsection

(a)(2) of section 129 of the Clean Air Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7413, 7414, 7607 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection".

(!2) So in original. Probably should be subsection "(h)(3)".

(!3) So in original. Probably should be "the".

-End-

-CITE-

42 USC Sec. 7430 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7430. Emission factors

-STATUTE-

Within 6 months after November 15, 1990, and at least every 3

years thereafter, the Administrator shall review and, if necessary,

revise, the methods ("emission factors") used for purposes of this

chapter to estimate the quantity of emissions of carbon monoxide,

volatile organic compounds, and oxides of nitrogen from sources of

such air pollutants (including area sources and mobile sources). In

addition, the Administrator shall establish emission factors for

sources for which no such methods have previously been established

by the Administrator. The Administrator shall permit any person to

demonstrate improved emissions estimating techniques, and following

approval of such techniques, the Administrator shall authorize the

use of such techniques. Any such technique may be approved only

after appropriate public participation. Until the Administrator has

completed the revision required by this section, nothing in this

section shall be construed to affect the validity of emission

factors established by the Administrator before November 15, 1990.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 130, as added Pub. L.

101-549, title VIII, Sec. 804, Nov. 15, 1990, 104 Stat. 2689.)

-End-

-CITE-

42 USC Sec. 7431 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7431. Land use authority

-STATUTE-

Nothing in this chapter constitutes an infringement on the

existing authority of counties and cities to plan or control land

use, and nothing in this chapter provides or transfers authority

over such land use.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 131, as added Pub. L.

101-549, title VIII, Sec. 805, Nov. 15, 1990, 104 Stat. 2689.)

-End-

-CITE-

42 USC Part B - Ozone Protection 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part B - Ozone Protection

-HEAD-

PART B - OZONE PROTECTION

-End-

-CITE-

42 USC Secs. 7450 to 7459 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part B - Ozone Protection

-HEAD-

Secs. 7450 to 7459. Repealed. Pub. L. 101-549, title VI, Sec. 601,

Nov. 15, 1990, 104 Stat. 2648

-MISC1-

Section 7450, act July 14, 1955, ch. 360, title I, Sec. 150, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 725,

set forth Congressional declaration of purpose.

Section 7451, act July 14, 1955, ch. 360, title I, Sec. 151, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 726,

set forth Congressional findings.

Section 7452, act July 14, 1955, ch. 360, title I, Sec. 152, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 726,

set forth definitions applicable to this part.

Section 7453, act July 14, 1955, ch. 360, title I, Sec. 153, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 726,

related to studies by Environmental Protection Agency.

Section 7454, act July 14, 1955, ch. 360, title I, Sec. 154, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 728;

amended Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695, related to research and monitoring activities by Federal

agencies.

Section 7455, act July 14, 1955, ch. 360, title I, Sec. 155, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 729,

related to reports on progress of regulation.

Section 7456, act July 14, 1955, ch. 360, title I, Sec. 156, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 729,

authorized President to enter into international agreements to

foster cooperative research.

Section 7457, act July 14, 1955, ch. 360, title I, Sec. 157, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 729,

related to promulgation of regulations.

Section 7458, act July 14, 1955, ch. 360, title I, Sec. 158, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 730,

set forth other provisions of law that would be unaffected by this

part.

Section 7459, act July 14, 1955, ch. 360, title I, Sec. 159, as

added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 730,

related to authority of States to protect the stratosphere.

SIMILAR PROVISIONS

For provisions relating to stratospheric ozone protection, see

section 7671 et seq. of this title.

-End-

-CITE-

42 USC Part C - Prevention of Significant Deterioration

of Air Quality 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

-HEAD-

PART C - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 7410, 7412, 7421, 7426,

7429, 7604, 7607, 7616, 7617, 7620, 7627, 7651h, 7651n, 7661a,

7661c, 9601 of this title; title 16 section 460m-24.

-End-

-CITE-

42 USC subpart i - clean air 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

SUBPART I - CLEAN AIR

-End-

-CITE-

42 USC Sec. 7470 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7470. Congressional declaration of purpose

-STATUTE-

The purposes of this part are as follows:

(1) to protect public health and welfare from any actual or

potential adverse effect which in the Administrator's judgment

may reasonably be anticipate (!1) to occur from air pollution or

from exposures to pollutants in other media, which pollutants

originate as emissions to the ambient air) (!2), notwithstanding

attainment and maintenance of all national ambient air quality

standards;

(2) to preserve, protect, and enhance the air quality in

national parks, national wilderness areas, national monuments,

national seashores, and other areas of special national or

regional natural, recreational, scenic, or historic value;

(3) to insure that economic growth will occur in a manner

consistent with the preservation of existing clean air resources;

(4) to assure that emissions from any source in any State will

not interfere with any portion of the applicable implementation

plan to prevent significant deterioration of air quality for any

other State; and

(5) to assure that any decision to permit increased air

pollution in any area to which this section applies is made only

after careful evaluation of all the consequences of such a

decision and after adequate procedural opportunities for informed

public participation in the decisionmaking process.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 160, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731.)

-MISC1-

EFFECTIVE DATE

Subpart effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

GUIDANCE DOCUMENT

Section 127(c) of Pub. L. 95-95 required Administrator, not later

than 1 year after Aug. 7, 1977, to publish a guidance document to

assist States in carrying out their functions under part C of title

I of the Clean Air Act (this part) with respect to pollutants for

which national ambient air quality standards are promulgated.

STUDY AND REPORT ON PROGRESS MADE IN PROGRAM RELATING TO

SIGNIFICANT DETERIORATION OF AIR QUALITY

Section 127(d) of Pub. L. 95-95 directed Administrator, not later

than 2 years after Aug. 7, 1977, to complete a study and report to

Congress on progress made in carrying out part C of title I of the

Clean Air Act (this part) and the problems associated in carrying

out such section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7476 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "anticipated".

(!2) So in original. Section was enacted without an opening

parenthesis.

-End-

-CITE-

42 USC Sec. 7471 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7471. Plan requirements

-STATUTE-

In accordance with the policy of section 7401(b)(1) of this

title, each applicable implementation plan shall contain emission

limitations and such other measures as may be necessary, as

determined under regulations promulgated under this part, to

prevent significant deterioration of air quality in each region (or

portion thereof) designated pursuant to section 7407 of this title

as attainment or unclassifiable.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 161, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L.

101-549, title I, Sec. 110(1), Nov. 15, 1990, 104 Stat. 2470.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549 substituted "designated pursuant to

section 7407 of this title as attainment or unclassifiable" for

"identified pursuant to section 7407(d)(1)(D) or (E) of this

title".

-End-

-CITE-

42 USC Sec. 7472 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7472. Initial classifications

-STATUTE-

(a) Areas designated as class I

Upon the enactment of this part, all -

(1) international parks,

(2) national wilderness areas which exceed 5,000 acres in size,

(3) national memorial parks which exceed 5,000 acres in size,

and

(4) national parks which exceed six thousand acres in size,

and which are in existence on August 7, 1977, shall be class I

areas and may not be redesignated. All areas which were

redesignated as class I under regulations promulgated before August

7, 1977, shall be class I areas which may be redesignated as

provided in this part. The extent of the areas designated as Class

I under this section shall conform to any changes in the boundaries

of such areas which have occurred subsequent to August 7, 1977, or

which may occur subsequent to November 15, 1990.

(b) Areas designated as class II

All areas in such State designated pursuant to section 7407(d) of

this title as attainment or unclassifiable which are not

established as class I under subsection (a) of this section shall

be class II areas unless redesignated under section 7474 of this

title.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 162, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L.

95-190, Sec. 14(a)(40), Nov. 16, 1977, 91 Stat. 1401; Pub. L.

101-549, title I, Secs. 108(m), 110(2), Nov. 15, 1990, 104 Stat.

2469, 2470.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, Sec. 108(m), inserted at end

"The extent of the areas designated as Class I under this section

shall conform to any changes in the boundaries of such areas which

have occurred subsequent to August 7, 1977, or which may occur

subsequent to November 15, 1990."

Subsec. (b). Pub. L. 101-549, Sec. 110(2), substituted

"designated pursuant to section 7407(d) of this title as attainment

or unclassifiable" for "identified pursuant to section

7407(d)(1)(D) or (E) of this title".

1977 - Subsec. (a)(4). Pub. L. 95-190 inserted a comma after

"size".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7474, 7478 of this title.

-End-

-CITE-

42 USC Sec. 7473 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7473. Increments and ceilings

-STATUTE-

(a) Sulfur oxide and particulate matter; requirement that maximum

allowable increases and maximum allowable concentrations not be

exceeded

In the case of sulfur oxide and particulate matter, each

applicable implementation plan shall contain measures assuring that

maximum allowable increases over baseline concentrations of, and

maximum allowable concentrations of, such pollutant shall not be

exceeded. In the case of any maximum allowable increase (except an

allowable increase specified under section 7475(d)(2)(C)(iv) of

this title) for a pollutant based on concentrations permitted under

national ambient air quality standards for any period other than an

annual period, such regulations shall permit such maximum allowable

increase to be exceeded during one such period per year.

(b) Maximum allowable increases in concentrations over baseline

concentrations

(1) For any class I area, the maximum allowable increase in

concentrations of sulfur dioxide and particulate matter over the

baseline concentration of such pollutants shall not exceed the

following amounts:

Pollutant Maximum allowable increase (in

micrograms per

cubic meter)

Particulate matter:

Annual geometric mean 5

Twenty-four-hour maximum 10

Sulfur dioxide:

Annual arithmetic mean 2

Twenty-four-hour maximum 5

Three-hour maximum 25

(2) For any class II area, the maximum allowable increase in

concentrations of sulfur dioxide and particulate matter over the

baseline concentration of such pollutants shall not exceed the

following amounts:

Pollutant Maximum allowable increase (in

micrograms per

cubic meter)

Particulate matter:

Annual geometric mean 19

Twenty-four-hour maximum 37

Sulfur dioxide:

Annual arithmetic mean 20

Twenty-four-hour maximum 91

Three-hour maximum 512

(3) For any class III area, the maximum allowable increase in

concentrations of sulfur dioxide and particulate matter over the

baseline concentration of such pollutants shall not exceed the

following amounts:

Pollutant Maximum allowable increase (in

micrograms per

cubic meter)

Particulate matter:

Annual geometric mean 37

Twenty-four-hour maximum 75

Sulfur dioxide:

Annual arithmetic mean 40

Twenty-four-hour maximum 182

Three-hour maximum 700

(4) The maximum allowable concentration of any air pollutant in

any area to which this part applies shall not exceed a

concentration for such pollutant for each period of exposure equal

to -

(A) the concentration permitted under the national secondary

ambient air quality standard, or

(B) the concentration permitted under the national primary

ambient air quality standard,

whichever concentration is lowest for such pollutant for such

period of exposure.

(c) Orders or rules for determining compliance with maximum

allowable increases in ambient concentrations of air pollutants

(1) In the case of any State which has a plan approved by the

Administrator for purposes of carrying out this part, the Governor

of such State may, after notice and opportunity for public hearing,

issue orders or promulgate rules providing that for purposes of

determining compliance with the maximum allowable increases in

ambient concentrations of an air pollutant, the following

concentrations of such pollutant shall not be taken into account:

(A) concentrations of such pollutant attributable to the

increase in emissions from stationary sources which have

converted from the use of petroleum products, or natural gas, or

both, by reason of an order which is in effect under the

provisions of sections 792(a) and (b) of title 15 (or any

subsequent legislation which supersedes such provisions) over the

emissions from such sources before the effective date of such

order.(!1)

(B) the concentrations of such pollutant attributable to the

increase in emissions from stationary sources which have

converted from using natural gas by reason of a natural gas

curtailment pursuant to a natural gas curtailment plan in effect

pursuant to the Federal Power Act [16 U.S.C. 791a et seq.] over

the emissions from such sources before the effective date of such

plan,

(C) concentrations of particulate matter attributable to the

increase in emissions from construction or other temporary

emission-related activities, and

(D) the increase in concentrations attributable to new sources

outside the United States over the concentrations attributable to

existing sources which are included in the baseline concentration

determined in accordance with section 7479(4) of this title.

(2) No action taken with respect to a source under paragraph

(1)(A) or (1)(B) shall apply more than five years after the

effective date of the order referred to in paragraph (1)(A) or the

plan referred to in paragraph (1)(B), whichever is applicable. If

both such order and plan are applicable, no such action shall apply

more than five years after the later of such effective dates.

(3) No action under this subsection shall take effect unless the

Governor submits the order or rule providing for such exclusion to

the Administrator and the Administrator determines that such order

or rule is in compliance with the provisions of this subsection.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 163, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 732; amended Pub. L.

95-190, Sec. 14(a)(41), Nov. 16, 1977, 91 Stat. 1401.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in subsec. (c)(1)(B), is act

June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is

classified generally to chapter 12 (Sec. 791a et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see section 791a of Title 16 and Tables.

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-190 inserted "section" before

"7475".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7407, 7476, 7478 of this

title.

-FOOTNOTE-

(!1) So in original. The period probably should be a comma.

-End-

-CITE-

42 USC Sec. 7474 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7474. Area redesignation

-STATUTE-

(a) Authority of States to redesignate areas

Except as otherwise provided under subsection (c) of this

section, a State may redesignate such areas as it deems appropriate

as class I areas. The following areas may be redesignated only as

class I or II:

(1) an area which exceeds ten thousand acres in size and is a

national monument, a national primitive area, a national

preserve, a national recreation area, a national wild and scenic

river, a national wildlife refuge, a national lakeshore or

seashore, and

(2) a national park or national wilderness area established

after August 7, 1977, which exceeds ten thousand acres in size.

The extent of the areas referred to in paragraph (!1) (1) and (2)

shall conform to any changes in the boundaries of such areas which

have occurred subsequent to August 7, 1977, or which may occur

subsequent to November 15, 1990. Any area (other than an area

referred to in paragraph (1) or (2) or an area established as class

I under the first sentence of section 7472(a) of this title) may be

redesignated by the State as class III if -

(A) such redesignation has been specifically approved by the

Governor of the State, after consultation with the appropriate

Committees of the legislature if it is in session or with the

leadership of the legislature if it is not in session (unless

State law provides that such redesignation must be specifically

approved by State legislation) and if general purpose units of

local government representing a majority of the residents of the

area so redesignated enact legislation (including for such units

of local government resolutions where appropriate) concurring in

the State's redesignation;

(B) such redesignation will not cause, or contribute to,

concentrations of any air pollutant which exceed any maximum

allowable increase or maximum allowable concentration permitted

under the classification of any other area; and

(C) such redesignation otherwise meets the requirements of this

part.

Subparagraph (A) of this paragraph shall not apply to area

redesignations by Indian tribes.

(b) Notice and hearing; notice to Federal land manager; written

comments and recommendations; regulations; disapproval of

redesignation

(1)(A) Prior to redesignation of any area under this part, notice

shall be afforded and public hearings shall be conducted in areas

proposed to be redesignated and in areas which may be affected by

the proposed redesignation. Prior to any such public hearing a

satisfactory description and analysis of the health, environmental,

economic, social, and energy effects of the proposed redesignation

shall be prepared and made available for public inspection and

prior to any such redesignation, the description and analysis of

such effects shall be reviewed and examined by the redesignating

authorities.

(B) Prior to the issuance of notice under subparagraph (A)

respecting the redesignation of any area under this subsection, if

such area includes any Federal lands, the State shall provide

written notice to the appropriate Federal land manager and afford

adequate opportunity (but not in excess of 60 days) to confer with

the State respecting the intended notice of redesignation and to

submit written comments and recommendations with respect to such

intended notice of redesignation. In redesignating any area under

this section with respect to which any Federal land manager has

submitted written comments and recommendations, the State shall

publish a list of any inconsistency between such redesignation and

such recommendations and an explanation of such inconsistency

(together with the reasons for making such redesignation against

the recommendation of the Federal land manager).

(C) The Administrator shall promulgate regulations not later than

six months after August 7, 1977, to assure, insofar as practicable,

that prior to any public hearing on redesignation of any area,

there shall be available for public inspection any specific plans

for any new or modified major emitting facility which may be

permitted to be constructed and operated only if the area in

question is designated or redesignated as class III.

(2) The Administrator may disapprove the redesignation of any

area only if he finds, after notice and opportunity for public

hearing, that such redesignation does not meet the procedural

requirements of this section or is inconsistent with the

requirements of section 7472(a) of this title or of subsection (a)

of this section. If any such disapproval occurs, the classification

of the area shall be that which was in effect prior to the

redesignation which was disapproved.

(c) Indian reservations

Lands within the exterior boundaries of reservations of federally

recognized Indian tribes may be redesignated only by the

appropriate Indian governing body. Such Indian governing body shall

be subject in all respect to the provisions of subsection (e) of

this section.

(d) Review of national monuments, primitive areas, and national

preserves

The Federal Land Manager shall review all national monuments,

primitive areas, and national preserves, and shall recommend any

appropriate areas for redesignation as class I where air quality

related values are important attributes of the area. The Federal

Land Manager shall report such recommendations, within (!2)

supporting analysis, to the Congress and the affected States within

one year after August 7, 1977. The Federal Land Manager shall

consult with the appropriate States before making such

recommendations.

(e) Resolution of disputes between State and Indian tribes

If any State affected by the redesignation of an area by an

Indian tribe or any Indian tribe affected by the redesignation of

an area by a State disagrees with such redesignation of any area,

or if a permit is proposed to be issued for any new major emitting

facility proposed for construction in any State which the Governor

of an affected State or governing body of an affected Indian tribe

determines will cause or contribute to a cumulative change in air

quality in excess of that allowed in this part within the affected

State or tribal reservation, the Governor or Indian ruling body may

request the Administrator to enter into negotiations with the

parties involved to resolve such dispute. If requested by any State

or Indian tribe involved, the Administrator shall make a

recommendation to resolve the dispute and protect the air quality

related values of the lands involved. If the parties involved do

not reach agreement, the Administrator shall resolve the dispute

and his determination, or the results of agreements reached through

other means, shall become part of the applicable plan and shall be

enforceable as part of such plan. In resolving such disputes

relating to area redesignation, the Administrator shall consider

the extent to which the lands involved are of sufficient size to

allow effective air quality management or have air quality related

values of such an area.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 164, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 733; amended Pub. L.

95-190, Sec. 14(a)(42), (43), Nov. 16, 1977, 91 Stat. 1402; Pub. L.

101-549, title I, Sec. 108(n), Nov. 15, 1990, 104 Stat. 2469.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, which directed the insertion

of "The extent of the areas referred to in paragraph (1) and (2)

shall conform to any changes in the boundaries of such areas which

have occurred subsequent to August 7, 1977, or which may occur

subsequent to November 15, 1990." before "Any area (other than an

area referred to in paragraph (1) or (2))", was executed by making

the insertion before "Any area (other than an area referred to in

paragraph (1) or (2)", to reflect the probable intent of Congress.

1977 - Subsec. (b)(2). Pub. L. 95-190, Sec. 14(a)(42), inserted

"or is inconsistent with the requirements of section 7472(a) of

this title or of subsection (a) of this section" after "this

section".

Subsec. (e). Pub. L. 95-190, Sec. 14(a)(43), inserted "an" after

"If any State affected by the redesignation of".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7472, 7478 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraphs".

(!2) So in original. Probably should be "with".

-End-

-CITE-

42 USC Sec. 7475 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7475. Preconstruction requirements

-STATUTE-

(a) Major emitting facilities on which construction is commenced

No major emitting facility on which construction is commenced

after August 7, 1977, may be constructed in any area to which this

part applies unless -

(1) a permit has been issued for such proposed facility in

accordance with this part setting forth emission limitations for

such facility which conform to the requirements of this part;

(2) the proposed permit has been subject to a review in

accordance with this section, the required analysis has been

conducted in accordance with regulations promulgated by the

Administrator, and a public hearing has been held with

opportunity for interested persons including representatives of

the Administrator to appear and submit written or oral

presentations on the air quality impact of such source,

alternatives thereto, control technology requirements, and other

appropriate considerations;

(3) the owner or operator of such facility demonstrates, as

required pursuant to section 7410(j) of this title, that

emissions from construction or operation of such facility will

not cause, or contribute to, air pollution in excess of any (A)

maximum allowable increase or maximum allowable concentration for

any pollutant in any area to which this part applies more than

one time per year, (B) national ambient air quality standard in

any air quality control region, or (C) any other applicable

emission standard or standard of performance under this chapter;

(4) the proposed facility is subject to the best available

control technology for each pollutant subject to regulation under

this chapter emitted from, or which results from, such facility;

(5) the provisions of subsection (d) of this section with

respect to protection of class I areas have been complied with

for such facility;

(6) there has been an analysis of any air quality impacts

projected for the area as a result of growth associated with such

facility;

(7) the person who owns or operates, or proposes to own or

operate, a major emitting facility for which a permit is required

under this part agrees to conduct such monitoring as may be

necessary to determine the effect which emissions from any such

facility may have, or is having, on air quality in any area which

may be affected by emissions from such source; and

(8) in the case of a source which proposes to construct in a

class III area, emissions from which would cause or contribute to

exceeding the maximum allowable increments applicable in a class

II area and where no standard under section 7411 of this title

has been promulgated subsequent to August 7, 1977, for such

source category, the Administrator has approved the determination

of best available technology as set forth in the permit.

(b) Exception

The demonstration pertaining to maximum allowable increases

required under subsection (a)(3) of this section shall not apply to

maximum allowable increases for class II areas in the case of an

expansion or modification of a major emitting facility which is in

existence on August 7, 1977, whose allowable emissions of air

pollutants, after compliance with subsection (a)(4) of this

section, will be less than fifty tons per year and for which the

owner or operator of such facility demonstrates that emissions of

particulate matter and sulfur oxides will not cause or contribute

to ambient air quality levels in excess of the national secondary

ambient air quality standard for either of such pollutants.

(c) Permit applications

Any completed permit application under section 7410 of this title

for a major emitting facility in any area to which this part

applies shall be granted or denied not later than one year after

the date of filing of such completed application.

(d) Action taken on permit applications; notice; adverse impact on

air quality related values; variance; emission limitations

(1) Each State shall transmit to the Administrator a copy of each

permit application relating to a major emitting facility received

by such State and provide notice to the Administrator of every

action related to the consideration of such permit.

(2)(A) The Administrator shall provide notice of the permit

application to the Federal Land Manager and the Federal official

charged with direct responsibility for management of any lands

within a class I area which may be affected by emissions from the

proposed facility.

(B) The Federal Land Manager and the Federal official charged

with direct responsibility for management of such lands shall have

an affirmative responsibility to protect the air quality related

values (including visibility) of any such lands within a class I

area and to consider, in consultation with the Administrator,

whether a proposed major emitting facility will have an adverse

impact on such values.

(C)(i) In any case where the Federal official charged with direct

responsibility for management of any lands within a class I area or

the Federal Land Manager of such lands, or the Administrator, or

the Governor of an adjacent State containing such a class I area

files a notice alleging that emissions from a proposed major

emitting facility may cause or contribute to a change in the air

quality in such area and identifying the potential adverse impact

of such change, a permit shall not be issued unless the owner or

operator of such facility demonstrates that emissions of

particulate matter and sulfur dioxide will not cause or contribute

to concentrations which exceed the maximum allowable increases for

a class I area.

(ii) In any case where the Federal Land Manager demonstrates to

the satisfaction of the State that the emissions from such facility

will have an adverse impact on the air quality-related values

(including visibility) of such lands, notwithstanding the fact that

the change in air quality resulting from emissions from such

facility will not cause or contribute to concentrations which

exceed the maximum allowable increases for a class I area, a permit

shall not be issued.

(iii) In any case where the owner or operator of such facility

demonstrates to the satisfaction of the Federal Land Manager, and

the Federal Land Manager so certifies, that the emissions from such

facility will have no adverse impact on the air quality-related

values of such lands (including visibility), notwithstanding the

fact that the change in air quality resulting from emissions from

such facility will cause or contribute to concentrations which

exceed the maximum allowable increases for class I areas, the State

may issue a permit.

(iv) In the case of a permit issued pursuant to clause (iii),

such facility shall comply with such emission limitations under

such permit as may be necessary to assure that emissions of sulfur

oxides and particulates from such facility will not cause or

contribute to concentrations of such pollutant which exceed the

following maximum allowable increases over the baseline

concentration for such pollutants:

Maximum allowable

increase (in

micrograms per

cubic meter)

Particulate matter:

Annual geometric mean 19

Twenty-four-hour maximum 37

Sulfur dioxide:

Annual arithmetic mean 20

Twenty-four-hour maximum 91

Three-hour maximum 325

(D)(i) In any case where the owner or operator of a proposed

major emitting facility who has been denied a certification under

subparagraph (C)(iii) demonstrates to the satisfaction of the

Governor, after notice and public hearing, and the Governor finds,

that the facility cannot be constructed by reason of any maximum

allowable increase for sulfur dioxide for periods of twenty-four

hours or less applicable to any class I area and, in the case of

Federal mandatory class I areas, that a variance under this clause

will not adversely affect the air quality related values of the

area (including visibility), the Governor, after consideration of

the Federal Land Manager's recommendation (if any) and subject to

his concurrence, may grant a variance from such maximum allowable

increase. If such variance is granted, a permit may be issued to

such source pursuant to the requirements of this subparagraph.

(ii) In any case in which the Governor recommends a variance

under this subparagraph in which the Federal Land Manager does not

concur, the recommendations of the Governor and the Federal Land

Manager shall be transmitted to the President. The President may

approve the Governor's recommendation if he finds that such

variance is in the national interest. No Presidential finding shall

be reviewable in any court. The variance shall take effect if the

President approves the Governor's recommendations. The President

shall approve or disapprove such recommendation within ninety days

after his receipt of the recommendations of the Governor and the

Federal Land Manager.

(iii) In the case of a permit issued pursuant to this

subparagraph, such facility shall comply with such emission

limitations under such permit as may be necessary to assure that

emissions of sulfur oxides from such facility will not (during any

day on which the otherwise applicable maximum allowable increases

are exceeded) cause or contribute to concentrations which exceed

the following maximum allowable increases for such areas over the

baseline concentration for such pollutant and to assure that such

emissions will not cause or contribute to concentrations which

exceed the otherwise applicable maximum allowable increases for

periods of exposure of 24 hours or less on more than 18 days during

any annual period:

MAXIMUM ALLOWABLE INCREASE

(IN MICROGRAMS PER CUBIC METER)

--------------------------------------------------------------------

Period of exposure Low High

terrain terrain

areas areas

--------------------------------------------------------------------

24-hr maximum 36 62

3-hr maximum 130 221

--------------------------------------------------------------------

(iv) For purposes of clause (iii), the term "high terrain area"

means with respect to any facility, any area having an elevation of

900 feet or more above the base of the stack of such facility, and

the term "low terrain area" means any area other than a high

terrain area.

(e) Analysis; continuous air quality monitoring data; regulations;

model adjustments

(1) The review provided for in subsection (a) of this section

shall be preceded by an analysis in accordance with regulations of

the Administrator, promulgated under this subsection, which may be

conducted by the State (or any general purpose unit of local

government) or by the major emitting facility applying for such

permit, of the ambient air quality at the proposed site and in

areas which may be affected by emissions from such facility for

each pollutant subject to regulation under this chapter which will

be emitted from such facility.

(2) Effective one year after August 7, 1977, the analysis

required by this subsection shall include continuous air quality

monitoring data gathered for purposes of determining whether

emissions from such facility will exceed the maximum allowable

increases or the maximum allowable concentration permitted under

this part. Such data shall be gathered over a period of one

calendar year preceding the date of application for a permit under

this part unless the State, in accordance with regulations

promulgated by the Administrator, determines that a complete and

adequate analysis for such purposes may be accomplished in a

shorter period. The results of such analysis shall be available at

the time of the public hearing on the application for such permit.

(3) The Administrator shall within six months after August 7,

1977, promulgate regulations respecting the analysis required under

this subsection which regulations -

(A) shall not require the use of any automatic or uniform

buffer zone or zones,

(B) shall require an analysis of the ambient air quality,

climate and meteorology, terrain, soils and vegetation, and

visibility at the site of the proposed major emitting facility

and in the area potentially affected by the emissions from such

facility for each pollutant regulated under this chapter which

will be emitted from, or which results from the construction or

operation of, such facility, the size and nature of the proposed

facility, the degree of continuous emission reduction which could

be achieved by such facility, and such other factors as may be

relevant in determining the effect of emissions from a proposed

facility on any air quality control region,

(C) shall require the results of such analysis shall be

available at the time of the public hearing on the application

for such permit, and

(D) shall specify with reasonable particularity each air

quality model or models to be used under specified sets of

conditions for purposes of this part.

Any model or models designated under such regulations may be

adjusted upon a determination, after notice and opportunity for

public hearing, by the Administrator that such adjustment is

necessary to take into account unique terrain or meteorological

characteristics of an area potentially affected by emissions from a

source applying for a permit required under this part.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 165, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 735; amended Pub. L.

95-190, Sec. 14(a)(44)-(51), Nov. 16, 1977, 91 Stat. 1402.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(44),

substituted "part;" for "part:".

Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(45), inserted

provision making applicable requirement of section 7410(j) of this

title.

Subsec. (b). Pub. L. 95-190, Sec. 14(a)(46), inserted "cause or"

before "contribute" and struck out "actual" before "allowable

emissions".

Subsec. (d)(2)(C). Pub. L. 95-190, Sec. 14(a)(47)-(49), in cl.

(ii) substituted "contribute" for "contrbute", in cl. (iii)

substituted "quality-related" for "quality related" and

"concentrations which" for "concentrations, which", and in cl. (iv)

substituted "such facility" for "such sources" and "will not cause

or contribute to concentrations of such pollutant which exceed" for

"together with all other sources, will not exceed".

Subsec. (d)(2)(D). Pub. L. 95-190, Sec. 14(a)(50), (51), in cl.

(iii) substituted provisions relating to determinations of amounts

of emissions of sulfur oxides from facilities, for provisions

relating to determinations of amounts of emissions of sulfur oxides

from sources operating under permits issued pursuant to this

subpar., together with all other sources, and added cl. (iv).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7413, 7429, 7473, 7476 of

this title.

-End-

-CITE-

42 USC Sec. 7476 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7476. Other pollutants

-STATUTE-

(a) Hydrocarbons, carbon monoxide, petrochemical oxidants, and

nitrogen oxides

In the case of the pollutants hydrocarbons, carbon monoxide,

photochemical oxidants, and nitrogen oxides, the Administrator

shall conduct a study and not later than two years after August 7,

1977, promulgate regulations to prevent the significant

deterioration of air quality which would result from the emissions

of such pollutants. In the case of pollutants for which national

ambient air quality standards are promulgated after August 7, 1977,

he shall promulgate such regulations not more than 2 years after

the date of promulgation of such standards.

(b) Effective date of regulations

Regulations referred to in subsection (a) of this section shall

become effective one year after the date of promulgation. Within 21

months after such date of promulgation such plan revision shall be

submitted to the Administrator who shall approve or disapprove the

plan within 25 months after such date or promulgation in the same

manner as required under section 7410 of this title.

(c) Contents of regulations

Such regulations shall provide specific numerical measures

against which permit applications may be evaluated, a framework for

stimulating improved control technology, protection of air quality

values, and fulfill the goals and purposes set forth in section

7401 and section 7470 of this title.

(d) Specific measures to fulfill goals and purposes

The regulations of the Administrator under subsection (a) of this

section shall provide specific measures at least as effective as

the increments established in section 7473 of this title to fulfill

such goals and purposes, and may contain air quality increments,

emission density requirements, or other measures.

(e) Area classification plan not required

With respect to any air pollutant for which a national ambient

air quality standard is established other than sulfur oxides or

particulate matter, an area classification plan shall not be

required under this section if the implementation plan adopted by

the State and submitted for the Administrator's approval or

promulgated by the Administrator under section 7410(c) of this

title contains other provisions which when considered as a whole,

the Administrator finds will carry out the purposes in section 7470

of this title at least as effectively as an area classification

plan for such pollutant. Such other provisions referred to in the

preceding sentence need not require the establishment of maximum

allowable increases with respect to such pollutant for any area to

which this section applies.

(f) PM-10 increments

The Administrator is authorized to substitute, for the maximum

allowable increases in particulate matter specified in section

7473(b) of this title and section 7475(d)(2)(C)(iv) of this title,

maximum allowable increases in particulate matter with an

aerodynamic diameter smaller than or equal to 10 micrometers. Such

substituted maximum allowable increases shall be of equal

stringency in effect as those specified in the provisions for which

they are substituted. Until the Administrator promulgates

regulations under the authority of this subsection, the current

maximum allowable increases in concentrations of particulate matter

shall remain in effect.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 166, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 739; amended Pub. L.

101-549, title I, Sec. 105(b), Nov. 15, 1990, 104 Stat. 2462.)

-MISC1-

AMENDMENTS

1990 - Subsec. (f). Pub. L. 101-549 added subsec. (f).

-End-

-CITE-

42 USC Sec. 7477 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7477. Enforcement

-STATUTE-

The Administrator shall, and a State may, take such measures,

including issuance of an order, or seeking injunctive relief, as

necessary to prevent the construction or modification of a major

emitting facility which does not conform to the requirements of

this part, or which is proposed to be constructed in any area

designated pursuant to section 7407(d) of this title as attainment

or unclassifiable and which is not subject to an implementation

plan which meets the requirements of this part.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 167, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L.

101-549, title I, Sec. 110(3), title VII, Sec. 708, Nov. 15, 1990,

104 Stat. 2470, 2684.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549, Sec. 708, substituted "construction or

modification of a major emitting facility" for "construction of a

major emitting facility".

Pub. L. 101-549, Sec. 110(3), substituted "designated pursuant to

section 7407(d) as attainment or unclassifiable" for "included in

the list promulgated pursuant to paragraph (1)(D) or (E) of

subsection (d) of section 7407 of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7413, 7420, 7607 of this

title.

-End-

-CITE-

42 USC Sec. 7478 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7478. Period before plan approval

-STATUTE-

(a) Existing regulations to remain in effect

Until such time as an applicable implementation plan is in effect

for any area, which plan meets the requirements of this part to

prevent significant deterioration of air quality with respect to

any air pollutant, applicable regulations under this chapter prior

to August 7, 1977, shall remain in effect to prevent significant

deterioration of air quality in any such area for any such

pollutant except as otherwise provided in subsection (b) of this

section.

(b) Regulations deemed amended; construction commenced after June

1, 1975

If any regulation in effect prior to August 7, 1977, to prevent

significant deterioration of air quality would be inconsistent with

the requirements of section 7472(a), section 7473(b) or section

7474(a) of this title, then such regulations shall be deemed

amended so as to conform with such requirements. In the case of a

facility on which construction was commenced (in accordance with

the definition of "commenced" in section 7479(2) of this title)

after June 1, 1975, and prior to August 7, 1977, the review and

permitting of such facility shall be in accordance with the

regulations for the prevention of significant deterioration in

effect prior to August 7, 1977.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 168, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L.

95-190, Sec. 14(a)(52), Nov. 16, 1977, 91 Stat. 1402.)

-MISC1-

AMENDMENTS

1977 - Subsec. (b). Pub. L. 95-190 substituted "(in accordance

with the definition of 'commenced' in section 7479(2) of this

title)" for "in accordance with this definition".

-End-

-CITE-

42 USC Sec. 7479 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart i - clean air

-HEAD-

Sec. 7479. Definitions

-STATUTE-

For purposes of this part -

(1) The term "major emitting facility" means any of the

following stationary sources of air pollutants which emit, or

have the potential to emit, one hundred tons per year or more of

any air pollutant from the following types of stationary sources:

fossil-fuel fired steam electric plants of more than two hundred

and fifty million British thermal units per hour heat input, coal

cleaning plants (thermal dryers), kraft pulp mills, Portland

Cement plants, primary zinc smelters, iron and steel mill plants,

primary aluminum ore reduction plants, primary copper smelters,

municipal incinerators capable of charging more than fifty tons

of refuse per day, hydrofluoric, sulfuric, and nitric acid

plants, petroleum refineries, lime plants, phosphate rock

processing plants, coke oven batteries, sulfur recovery plants,

carbon black plants (furnace process), primary lead smelters,

fuel conversion plants, sintering plants, secondary metal

production facilities, chemical process plants, fossil-fuel

boilers of more than two hundred and fifty million British

thermal units per hour heat input, petroleum storage and transfer

facilities with a capacity exceeding three hundred thousand

barrels, taconite ore processing facilities, glass fiber

processing plants, charcoal production facilities. Such term also

includes any other source with the potential to emit two hundred

and fifty tons per year or more of any air pollutant. This term

shall not include new or modified facilities which are nonprofit

health or education institutions which have been exempted by the

State.

(2)(A) The term "commenced" as applied to construction of a

major emitting facility means that the owner or operator has

obtained all necessary preconstruction approvals or permits

required by Federal, State, or local air pollution emissions and

air quality laws or regulations and either has (i) begun, or

caused to begin, a continuous program of physical on-site

construction of the facility or (ii) entered into binding

agreements or contractual obligations, which cannot be canceled

or modified without substantial loss to the owner or operator, to

undertake a program of construction of the facility to be

completed within a reasonable time.

(B) The term "necessary preconstruction approvals or permits"

means those permits or approvals, required by the permitting

authority as a precondition to undertaking any activity under

clauses (i) or (ii) of subparagraph (A) of this paragraph.

(C) The term "construction" when used in connection with any

source or facility, includes the modification (as defined in

section 7411(a) of this title) of any source or facility.

(3) The term "best available control technology" means an

emission limitation based on the maximum degree of reduction of

each pollutant subject to regulation under this chapter emitted

from or which results from any major emitting facility, which the

permitting authority, on a case-by-case basis, taking into

account energy, environmental, and economic impacts and other

costs, determines is achievable for such facility through

application of production processes and available methods,

systems, and techniques, including fuel cleaning, clean fuels, or

treatment or innovative fuel combustion techniques for control of

each such pollutant. In no event shall application of "best

available control technology" result in emissions of any

pollutants which will exceed the emissions allowed by any

applicable standard established pursuant to section 7411 or 7412

of this title. Emissions from any source utilizing clean fuels,

or any other means, to comply with this paragraph shall not be

allowed to increase above levels that would have been required

under this paragraph as it existed prior to November 15, 1990.

(4) The term "baseline concentration" means, with respect to a

pollutant, the ambient concentration levels which exist at the

time of the first application for a permit in an area subject to

this part, based on air quality data available in the

Environmental Protection Agency or a State air pollution control

agency and on such monitoring data as the permit applicant is

required to submit. Such ambient concentration levels shall take

into account all projected emissions in, or which may affect,

such area from any major emitting facility on which construction

commenced prior to January 6, 1975, but which has not begun

operation by the date of the baseline air quality concentration

determination. Emissions of sulfur oxides and particulate matter

from any major emitting facility on which construction commenced

after January 6, 1975, shall not be included in the baseline and

shall be counted against the maximum allowable increases in

pollutant concentrations established under this part.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 169, as added Pub. L. 95-95,

title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L.

95-190, Sec. 14(a)(54), Nov. 16, 1977, 91 Stat. 1402; Pub. L.

101-549, title III, Sec. 305(b), title IV, Sec. 403(d), Nov. 15,

1990, 104 Stat. 2583, 2631.)

-MISC1-

AMENDMENTS

1990 - Par. (1). Pub. L. 101-549, Sec. 305(b), struck out "two

hundred and" after "municipal incinerators capable of charging more

than".

Par. (3). Pub. L. 101-549, Sec. 403(d), directed the insertion of

", clean fuels," after "including fuel cleaning,", which was

executed by making the insertion after "including fuel cleaning" to

reflect the probable intent of Congress, and inserted at end

"Emissions from any source utilizing clean fuels, or any other

means, to comply with this paragraph shall not be allowed to

increase above levels that would have been required under this

paragraph as it existed prior to November 15, 1990."

1977 - Par. (2)(C). Pub. L. 95-190 added subpar. (C).

STUDY OF MAJOR EMITTING FACILITIES WITH POTENTIAL OF EMITTING 250

TONS PER YEAR

Section 127(b) of Pub. L. 95-95 directed Administrator, within 1

year after Aug. 7, 1977, to report to Congress on consequences of

that portion of definition of "major emitting facility" under this

subpart which applies to facilities with potential to emit 250 tons

per year or more.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7412, 7473, 7478, 7511a

of this title.

-End-

-CITE-

42 USC subpart ii - visibility protection 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart ii - visibility protection

-HEAD-

SUBPART II - VISIBILITY PROTECTION

-COD-

CODIFICATION

As originally enacted, subpart II of part C of subchapter I of

this chapter was added following section 7478 of this title. Pub.

L. 95-190, Sec. 14(a)(53), Nov. 16, 1977, 91 Stat. 1402, struck out

subpart II and inserted such subpart following section 7479 of this

title.

-End-

-CITE-

42 USC Sec. 7491 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart ii - visibility protection

-HEAD-

Sec. 7491. Visibility protection for Federal class I areas

-STATUTE-

(a) Impairment of visibility; list of areas; study and report

(1) Congress hereby declares as a national goal the prevention of

any future, and the remedying of any existing, impairment of

visibility in mandatory class I Federal areas which impairment

results from manmade air pollution.

(2) Not later than six months after August 7, 1977, the Secretary

of the Interior in consultation with other Federal land managers

shall review all mandatory class I Federal areas and identify those

where visibility is an important value of the area. From time to

time the Secretary of the Interior may revise such identifications.

Not later than one year after August 7, 1977, the Administrator

shall, after consultation with the Secretary of the Interior,

promulgate a list of mandatory class I Federal areas in which he

determines visibility is an important value.

(3) Not later than eighteen months after August 7, 1977, the

Administrator shall complete a study and report to Congress on

available methods for implementing the national goal set forth in

paragraph (1). Such report shall include recommendations for -

(A) methods for identifying, characterizing, determining,

quantifying, and measuring visibility impairment in Federal areas

referred to in paragraph (1), and

(B) modeling techniques (or other methods) for determining the

extent to which manmade air pollution may reasonably be

anticipated to cause or contribute to such impairment, and

(C) methods for preventing and remedying such manmade air

pollution and resulting visibility impairment.

Such report shall also identify the classes or categories of

sources and the types of air pollutants which, alone or in

conjunction with other sources or pollutants, may reasonably be

anticipated to cause or contribute significantly to impairment of

visibility.

(4) Not later than twenty-four months after August 7, 1977, and

after notice and public hearing, the Administrator shall promulgate

regulations to assure (A) reasonable progress toward meeting the

national goal specified in paragraph (1), and (B) compliance with

the requirements of this section.

(b) Regulations

Regulations under subsection (a)(4) of this section shall -

(1) provide guidelines to the States, taking into account the

recommendations under subsection (a)(3) of this section on

appropriate techniques and methods for implementing this section

(as provided in subparagraphs (A) through (C) of such subsection

(a)(3)), and

(2) require each applicable implementation plan for a State in

which any area listed by the Administrator under subsection

(a)(2) of this section is located (or for a State the emissions

from which may reasonably be anticipated to cause or contribute

to any impairment of visibility in any such area) to contain such

emission limits, schedules of compliance and other measures as

may be necessary to make reasonable progress toward meeting the

national goal specified in subsection (a) of this section,

including -

(A) except as otherwise provided pursuant to subsection (c)

of this section, a requirement that each major stationary

source which is in existence on August 7, 1977, but which has

not been in operation for more than fifteen years as of such

date, and which, as determined by the State (or the

Administrator in the case of a plan promulgated under section

7410(c) of this title) emits any air pollutant which may

reasonably be anticipated to cause or contribute to any

impairment of visibility in any such area, shall procure,

install, and operate, as expeditiously as practicable (and

maintain thereafter) the best available retrofit technology, as

determined by the State (or the Administrator in the case of a

plan promulgated under section 7410(c) of this title) for

controlling emissions from such source for the purpose of

eliminating or reducing any such impairment, and

(B) a long-term (ten to fifteen years) strategy for making

reasonable progress toward meeting the national goal specified

in subsection (a) of this section.

In the case of a fossil-fuel fired generating powerplant having a

total generating capacity in excess of 750 megawatts, the emission

limitations required under this paragraph shall be determined

pursuant to guidelines, promulgated by the Administrator under

paragraph (1).

(c) Exemptions

(1) The Administrator may, by rule, after notice and opportunity

for public hearing, exempt any major stationary source from the

requirement of subsection (b)(2)(A) of this section, upon his

determination that such source does not or will not, by itself or

in combination with other sources, emit any air pollutant which may

reasonably be anticipated to cause or contribute to a significant

impairment of visibility in any mandatory class I Federal area.

(2) Paragraph (1) of this subsection shall not be applicable to

any fossil-fuel fired powerplant with total design capacity of 750

megawatts or more, unless the owner or operator of any such plant

demonstrates to the satisfaction of the Administrator that such

powerplant is located at such distance from all areas listed by the

Administrator under subsection (a)(2) of this section that such

powerplant does not or will not, by itself or in combination with

other sources, emit any air pollutant which may reasonably be

anticipated to cause or contribute to significant impairment of

visibility in any such area.

(3) An exemption under this subsection shall be effective only

upon concurrence by the appropriate Federal land manager or

managers with the Administrator's determination under this

subsection.

(d) Consultations with appropriate Federal land managers

Before holding the public hearing on the proposed revision of an

applicable implementation plan to meet the requirements of this

section, the State (or the Administrator, in the case of a plan

promulgated under section 7410(c) of this title) shall consult in

person with the appropriate Federal land manager or managers and

shall include a summary of the conclusions and recommendations of

the Federal land managers in the notice to the public.

(e) Buffer zones

In promulgating regulations under this section, the Administrator

shall not require the use of any automatic or uniform buffer zone

or zones.

(f) Nondiscretionary duty

For purposes of section 7604(a)(2) of this title, the meeting of

the national goal specified in subsection (a)(1) of this section by

any specific date or dates shall not be considered a

"nondiscretionary duty" of the Administrator.

(g) Definitions

For the purpose of this section -

(1) in determining reasonable progress there shall be taken

into consideration the costs of compliance, the time necessary

for compliance, and the energy and nonair quality environmental

impacts of compliance, and the remaining useful life of any

existing source subject to such requirements;

(2) in determining best available retrofit technology the State

(or the Administrator in determining emission limitations which

reflect such technology) shall take into consideration the costs

of compliance, the energy and nonair quality environmental

impacts of compliance, any existing pollution control technology

in use at the source, the remaining useful life of the source,

and the degree of improvement in visibility which may reasonably

be anticipated to result from the use of such technology;

(3) the term "manmade air pollution" means air pollution which

results directly or indirectly from human activities;

(4) the term "as expeditiously as practicable" means as

expeditiously as practicable but in no event later than five

years after the date of approval of a plan revision under this

section (or the date of promulgation of such a plan revision in

the case of action by the Administrator under section 7410(c) of

this title for purposes of this section);

(5) the term "mandatory class I Federal areas" means Federal

areas which may not be designated as other than class I under

this part;

(6) the terms "visibility impairment" and "impairment of

visibility" shall include reduction in visual range and

atmospheric discoloration; and

(7) the term "major stationary source" means the following

types of stationary sources with the potential to emit 250 tons

or more of any pollutant: fossil-fuel fired steam electric plants

of more than 250 million British thermal units per hour heat

input, coal cleaning plants (thermal dryers), kraft pulp mills,

Portland Cement plants, primary zinc smelters, iron and steel

mill plants, primary aluminum ore reduction plants, primary

copper smelters, municipal incinerators capable of charging more

than 250 tons of refuse per day, hydrofluoric, sulfuric, and

nitric acid plants, petroleum refineries, lime plants, phosphate

rock processing plants, coke oven batteries, sulfur recovery

plants, carbon black plants (furnace process), primary lead

smelters, fuel conversion plants, sintering plants, secondary

metal production facilities, chemical process plants, fossil-fuel

boilers of more than 250 million British thermal units per hour

heat input, petroleum storage and transfer facilities with a

capacity exceeding 300,000 barrels, taconite ore processing

facilities, glass fiber processing plants, charcoal production

facilities.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 169A, as added Pub. L.

95-95, title I, Sec. 128, Aug. 7, 1977, 91 Stat. 742.)

-MISC1-

EFFECTIVE DATE

Subpart effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7492, 7604 of this title.

-End-

-CITE-

42 USC Sec. 7492 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part C - Prevention of Significant Deterioration of Air Quality

subpart ii - visibility protection

-HEAD-

Sec. 7492. Visibility

-STATUTE-

(a) Studies

(1) The Administrator, in conjunction with the National Park

Service and other appropriate Federal agencies, shall conduct

research to identify and evaluate sources and source regions of

both visibility impairment and regions that provide predominantly

clean air in class I areas. A total of $8,000,000 per year for 5

years is authorized to be appropriated for the Environmental

Protection Agency and the other Federal agencies to conduct this

research. The research shall include -

(A) expansion of current visibility related monitoring in class

I areas;

(B) assessment of current sources of visibility impairing

pollution and clean air corridors;

(C) adaptation of regional air quality models for the

assessment of visibility;

(D) studies of atmospheric chemistry and physics of visibility.

(2) Based on the findings available from the research required in

subsection (a)(1) of this section as well as other available

scientific and technical data, studies, and other available

information pertaining to visibility source-receptor relationships,

the Administrator shall conduct an assessment and evaluation that

identifies, to the extent possible, sources and source regions of

visibility impairment including natural sources as well as source

regions of clear air for class I areas. The Administrator shall

produce interim findings from this study within 3 years after

November 15, 1990.

(b) Impacts of other provisions

Within 24 months after November 15, 1990, the Administrator shall

conduct an assessment of the progress and improvements in

visibility in class I areas that are likely to result from the

implementation of the provisions of the Clean Air Act Amendments of

1990 other than the provisions of this section. Every 5 years

thereafter the Administrator shall conduct an assessment of actual

progress and improvement in visibility in class I areas. The

Administrator shall prepare a written report on each assessment and

transmit copies of these reports to the appropriate committees of

Congress.

(c) Establishment of visibility transport regions and commissions

(1) Authority to establish visibility transport regions

Whenever, upon the Administrator's motion or by petition from

the Governors of at least two affected States, the Administrator

has reason to believe that the current or projected interstate

transport of air pollutants from one or more States contributes

significantly to visibility impairment in class I areas located

in the affected States, the Administrator may establish a

transport region for such pollutants that includes such States.

The Administrator, upon the Administrator's own motion or upon

petition from the Governor of any affected State, or upon the

recommendations of a transport commission established under

subsection (b) of this section (!1) may -

(A) add any State or portion of a State to a visibility

transport region when the Administrator determines that the

interstate transport of air pollutants from such State

significantly contributes to visibility impairment in a class I

area located within the transport region, or

(B) remove any State or portion of a State from the region

whenever the Administrator has reason to believe that the

control of emissions in that State or portion of the State

pursuant to this section will not significantly contribute to

the protection or enhancement of visibility in any class I area

in the region.

(2) Visibility transport commissions

Whenever the Administrator establishes a transport region under

subsection (c)(1) of this section, the Administrator shall

establish a transport commission comprised of (as a minimum) each

of the following members:

(A) the Governor of each State in the Visibility Transport

Region, or the Governor's designee;

(B) The (!2) Administrator or the Administrator's designee;

and

(C) A (!2) representative of each Federal agency charged with

the direct management of each class I area or areas within the

Visibility Transport Region.

(3) Ex officio members

All representatives of the Federal Government shall be ex

officio members.

(4) Federal Advisory Committee Act

The visibility transport commissions shall be exempt from the

requirements of the Federal Advisory Committee Act [5 U.S.C.

App.].

(d) Duties of visibility transport commissions

A Visibility Transport Commission -

(1) shall assess the scientific and technical data, studies,

and other currently available information, including studies

conducted pursuant to subsection (a)(1) of this section,

pertaining to adverse impacts on visibility from potential or

projected growth in emissions from sources located in the

Visibility Transport Region; and

(2) shall, within 4 years of establishment, issue a report to

the Administrator recommending what measures, if any, should be

taken under this chapter to remedy such adverse impacts. The

report required by this subsection shall address at least the

following measures:

(A) the establishment of clean air corridors, in which

additional restrictions on increases in emissions may be

appropriate to protect visibility in affected class I areas;

(B) the imposition of the requirements of part D of this

subchapter affecting the construction of new major stationary

sources or major modifications to existing sources in such

clean air corridors specifically including the alternative

siting analysis provisions of section 7503(a)(5) of this title;

and

(C) the promulgation of regulations under section 7491 of

this title to address long range strategies for addressing

regional haze which impairs visibility in affected class I

areas.

(e) Duties of Administrator

(1) The Administrator shall, taking into account the studies

pursuant to subsection (a)(1) of this section and the reports

pursuant to subsection (d)(2) of this section and any other

relevant information, within eighteen months of receipt of the

report referred to in subsection (d)(2) of this section, carry out

the Administrator's regulatory responsibilities under section 7491

of this title, including criteria for measuring "reasonable

progress" toward the national goal.

(2) Any regulations promulgated under section 7491 of this title

pursuant to this subsection shall require affected States to revise

within 12 months their implementation plans under section 7410 of

this title to contain such emission limits, schedules of

compliance, and other measures as may be necessary to carry out

regulations promulgated pursuant to this subsection.

(f) Grand Canyon visibility transport commission

The Administrator pursuant to subsection (c)(1) of this section

shall, within 12 months, establish a visibility transport

commission for the region affecting the visibility of the Grand

Canyon National Park.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 169B, as added Pub. L.

101-549, title VIII, Sec. 816, Nov. 15, 1990, 104 Stat. 2695.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act Amendments of 1990, referred to in subsec. (b),

probably means Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(c)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-FOOTNOTE-

(!1) So in original. Words "subsection (b) of this section" probably

should be "paragraph (2)".

(!2) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Part D - Plan Requirements for Nonattainment Areas 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

-HEAD-

PART D - PLAN REQUIREMENTS FOR NONATTAINMENT AREAS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 7407, 7410, 7412, 7421,

7429, 7492, 7543, 7545, 7586, 7589, 7590, 7604, 7616, 7625-1,

7651h, 7651n, 7661, 7661a, 9601 of this title.

-End-

-CITE-

42 USC subpart 1 - nonattainment areas in general 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

SUBPART 1 - NONATTAINMENT AREAS IN GENERAL

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7511, 7512, 7514 of this

title.

-End-

-CITE-

42 USC Sec. 7501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7501. Definitions

-STATUTE-

For the purpose of this part -

(1) Reasonable further progress. - The term "reasonable further

progress" means such annual incremental reductions in emissions

of the relevant air pollutant as are required by this part or may

reasonably be required by the Administrator for the purpose of

ensuring attainment of the applicable national ambient air

quality standard by the applicable date.

(2) Nonattainment area. - The term "nonattainment area" means,

for any air pollutant, an area which is designated

"nonattainment" with respect to that pollutant within the meaning

of section 7407(d) of this title.

(3) The term "lowest achievable emission rate" means for any

source, that rate of emissions which reflects -

(A) the most stringent emission limitation which is contained

in the implementation plan of any State for such class or

category of source, unless the owner or operator of the

proposed source demonstrates that such limitations are not

achievable, or

(B) the most stringent emission limitation which is achieved

in practice by such class or category of source, whichever is

more stringent.

In no event shall the application of this term permit a proposed

new or modified source to emit any pollutant in excess of the

amount allowable under applicable new source standards of

performance.

(4) The terms "modifications" and "modified" mean the same as

the term "modification" as used in section 7411(a)(4) of this

title.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 171, as added Pub. L. 95-95,

title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 745; amended Pub. L.

101-549, title I, Sec. 102(a)(2), Nov. 15, 1990, 104 Stat. 2412.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549, Sec. 102(a)(2)(A), struck out "and

section 7410(a)(2)(I) of this title" after "purpose of this part".

Pars. (1), (2). Pub. L. 101-549, Sec. 102(a)(2)(B), (C), amended

pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2)

read as follows:

"(1) The term 'reasonable further progress' means annual

incremental reductions in emissions of the applicable air pollutant

(including substantial reductions in the early years following

approval or promulgation of plan provisions under this part and

section 7410(a)(2)(I) of this title and regular reductions

thereafter) which are sufficient in the judgment of the

Administrator, to provide for attainment of the applicable national

ambient air quality standard by the date required in section

7502(a) of this title.

"(2) The term 'nonattainment area' means, for any air pollutant

an area which is shown by monitored data or which is calculated by

air quality modeling (or other methods determined by the

Administrator to be reliable) to exceed any national ambient air

quality standard for such pollutant. Such term includes any area

identified under subparagraphs (A) through (C) of section

7407(d)(1) of this title."

EFFECTIVE DATE

Part effective Aug. 7, 1977, except as otherwise expressly

provided, see section 406(d) of Pub. L. 95-95, set out as an

Effective Date of 1977 Amendment note under section 7401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7410, 7412, 7503, 7513a

of this title; title 49 section 47136.

-End-

-CITE-

42 USC Sec. 7502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7502. Nonattainment plan provisions in general

-STATUTE-

(a) Classifications and attainment dates

(1) Classifications

(A) On or after the date the Administrator promulgates the

designation of an area as a nonattainment area pursuant to

section 7407(d) of this title with respect to any national

ambient air quality standard (or any revised standard, including

a revision of any standard in effect on November 15, 1990), the

Administrator may classify the area for the purpose of applying

an attainment date pursuant to paragraph (2), and for other

purposes. In determining the appropriate classification, if any,

for a nonattainment area, the Administrator may consider such

factors as the severity of nonattainment in such area and the

availability and feasibility of the pollution control measures

that the Administrator believes may be necessary to provide for

attainment of such standard in such area.

(B) The Administrator shall publish a notice in the Federal

Register announcing each classification under subparagraph (A),

except the Administrator shall provide an opportunity for at

least 30 days for written comment. Such classification shall not

be subject to the provisions of sections 553 through 557 of title

5 (concerning notice and comment) and shall not be subject to

judicial review until the Administrator takes final action under

subsection (k) or (l) of section 7410 of this title (concerning

action on plan submissions) or section 7509 of this title

(concerning sanctions) with respect to any plan submissions

required by virtue of such classification.

(C) This paragraph shall not apply with respect to

nonattainment areas for which classifications are specifically

provided under other provisions of this part.

(2) Attainment dates for nonattainment areas

(A) The attainment date for an area designated nonattainment

with respect to a national primary ambient air quality standard

shall be the date by which attainment can be achieved as

expeditiously as practicable, but no later than 5 years from the

date such area was designated nonattainment under section 7407(d)

of this title, except that the Administrator may extend the

attainment date to the extent the Administrator determines

appropriate, for a period no greater than 10 years from the date

of designation as nonattainment, considering the severity of

nonattainment and the availability and feasibility of pollution

control measures.

(B) The attainment date for an area designated nonattainment

with respect to a secondary national ambient air quality standard

shall be the date by which attainment can be achieved as

expeditiously as practicable after the date such area was

designated nonattainment under section 7407(d) of this title.

(C) Upon application by any State, the Administrator may extend

for 1 additional year (hereinafter referred to as the "Extension

Year") the attainment date determined by the Administrator under

subparagraph (A) or (B) if -

(i) the State has complied with all requirements and

commitments pertaining to the area in the applicable

implementation plan, and

(ii) in accordance with guidance published by the

Administrator, no more than a minimal number of exceedances of

the relevant national ambient air quality standard has occurred

in the area in the year preceding the Extension Year.

No more than 2 one-year extensions may be issued under this

subparagraph for a single nonattainment area.

(D) This paragraph shall not apply with respect to

nonattainment areas for which attainment dates are specifically

provided under other provisions of this part.

(b) Schedule for plan submissions

At the time the Administrator promulgates the designation of an

area as nonattainment with respect to a national ambient air

quality standard under section 7407(d) of this title, the

Administrator shall establish a schedule according to which the

State containing such area shall submit a plan or plan revision

(including the plan items) meeting the applicable requirements of

subsection (c) of this section and section 7410(a)(2) of this

title. Such schedule shall at a minimum, include a date or dates,

extending no later than 3 years from the date of the nonattainment

designation, for the submission of a plan or plan revision

(including the plan items) meeting the applicable requirements of

subsection (c) of this section and section 7410(a)(2) of this

title.

(c) Nonattainment plan provisions

The plan provisions (including plan items) required to be

submitted under this part shall comply with each of the following:

(1) In general

Such plan provisions shall provide for the implementation of

all reasonably available control measures as expeditiously as

practicable (including such reductions in emissions from existing

sources in the area as may be obtained through the adoption, at a

minimum, of reasonably available control technology) and shall

provide for attainment of the national primary ambient air

quality standards.

(2) RFP

Such plan provisions shall require reasonable further progress.

(3) Inventory

Such plan provisions shall include a comprehensive, accurate,

current inventory of actual emissions from all sources of the

relevant pollutant or pollutants in such area, including such

periodic revisions as the Administrator may determine necessary

to assure that the requirements of this part are met.

(4) Identification and quantification

Such plan provisions shall expressly identify and quantify the

emissions, if any, of any such pollutant or pollutants which will

be allowed, in accordance with section 7503(a)(1)(B) of this

title, from the construction and operation of major new or

modified stationary sources in each such area. The plan shall

demonstrate to the satisfaction of the Administrator that the

emissions quantified for this purpose will be consistent with the

achievement of reasonable further progress and will not interfere

with attainment of the applicable national ambient air quality

standard by the applicable attainment date.

(5) Permits for new and modified major stationary sources

Such plan provisions shall require permits for the construction

and operation of new or modified major stationary sources

anywhere in the nonattainment area, in accordance with section

7503 of this title.

(6) Other measures

Such plan provisions shall include enforceable emission

limitations, and such other control measures, means or techniques

(including economic incentives such as fees, marketable permits,

and auctions of emission rights), as well as schedules and

timetables for compliance, as may be necessary or appropriate to

provide for attainment of such standard in such area by the

applicable attainment date specified in this part.

(7) Compliance with section 7410(a)(2)

Such plan provisions shall also meet the applicable provisions

of section 7410(a)(2) of this title.

(8) Equivalent techniques

Upon application by any State, the Administrator may allow the

use of equivalent modeling, emission inventory, and planning

procedures, unless the Administrator determines that the proposed

techniques are, in the aggregate, less effective than the methods

specified by the Administrator.

(9) Contingency measures

Such plan shall provide for the implementation of specific

measures to be undertaken if the area fails to make reasonable

further progress, or to attain the national primary ambient air

quality standard by the attainment date applicable under this

part. Such measures shall be included in the plan revision as

contingency measures to take effect in any such case without

further action by the State or the Administrator.

(d) Plan revisions required in response to finding of plan

inadequacy

Any plan revision for a nonattainment area which is required to

be submitted in response to a finding by the Administrator pursuant

to section 7410(k)(5) of this title (relating to calls for plan

revisions) must correct the plan deficiency (or deficiencies)

specified by the Administrator and meet all other applicable plan

requirements of section 7410 of this title and this part. The

Administrator may reasonably adjust the dates otherwise applicable

under such requirements to such revision (except for attainment

dates that have not yet elapsed), to the extent necessary to

achieve a consistent application of such requirements. In order to

facilitate submittal by the States of adequate and approvable plans

consistent with the applicable requirements of this chapter, the

Administrator shall, as appropriate and from time to time, issue

written guidelines, interpretations, and information to the States

which shall be available to the public, taking into consideration

any such guidelines, interpretations, or information provided

before November 15, 1990.

(e) Future modification of standard

If the Administrator relaxes a national primary ambient air

quality standard after November 15, 1990, the Administrator shall,

within 12 months after the relaxation, promulgate requirements

applicable to all areas which have not attained that standard as of

the date of such relaxation. Such requirements shall provide for

controls which are not less stringent than the controls applicable

to areas designated nonattainment before such relaxation.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 172, as added Pub. L. 95-95,

title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 746; amended Pub. L.

95-190, Sec. 14(a)(55), (56), Nov. 16, 1977, 91 Stat. 1402; Pub. L.

101-549, title I, Sec. 102(b), Nov. 15, 1990, 104 Stat. 2412.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

expeditious attainment of national ambient air quality standards;

in subsec. (b), requisite provisions of plan; and in subsec. (c),

attainment of applicable standard not later than July 1, 1987.

1977 - Subsec. (b)(4). Pub. L. 95-190, Sec. 14(a)(55),

substituted "subsection (a) of this section" for "paragraph (1)".

Subsec. (c). Pub. L. 95-190, Sec. 14(a)(56), substituted

"December 31" for "July 1".

NONATTAINMENT AREAS

Section 129(a) of Pub. L. 95-95, as amended by Pub. L. 95-190,

Sec. 14(b)(2), (3), Nov. 16, 1977, 91 Stat. 1404, provided that:

"(1) Before July 1, 1979, the interpretative regulation of the

Administrator of the Environmental Protection Agency published in

41 Federal Register 55524-30, December 21, 1976, as may be modified

by rule of the Administrator, shall apply except that the baseline

to be used for determination of appropriate emission offsets under

such regulation shall be the applicable implementation plan of the

State in effect at the time of application for a permit by a

proposed major stationary source (within the meaning of section 302

of the Clean Air Act) [section 7602 of this title].

"(2) Before July 1, 1979, the requirements of the regulation

referred to in paragraph (1) shall be waived by the Administrator

with respect to any pollutant if he determines that the State has -

"(A) an inventory of emissions of the applicable pollutant for

each nonattainment area (as defined in section 171 of the Clean

Air Act [section 7501 of this title]) that identifies the type,

quantity, and source of such pollutant so as to provide

information sufficient to demonstrate that the requirements of

subparagraph (C) are being met;

"(B) an enforceable permit program which -

"(i) requires new or modified major stationary sources to

meet emission limitations at least as stringent as required

under the permit requirements referred to in paragraphs (2) and

(3) of section 173 of the Clean Air Act [section 7503 of this

title] (relating to lowest achievable emission rate and

compliance by other sources) and which assures compliance with

the annual reduction requirements of subparagraph (C); and

"(ii) requires existing sources to achieve such reduction in

emissions in the area as may be obtained through the adoption,

at a minimum of reasonably available control technology, and

"(C) a program which requires reductions in total allowable

emissions in the area prior to July 1, 1979, so as to provide for

the same level of emission reduction as would result from the

application of the regulation referred to in paragraph (1).

The Administrator shall terminate such waiver if in his judgment

the reduction in emissions actually being attained is less than the

reduction on which the waiver was conditioned pursuant to

subparagraph (C), or if the Administrator determines that the State

is no longer in compliance with any requirement of this paragraph.

Upon application by the State, the Administrator may reinstate a

waiver terminated under the preceding sentence if he is satisfied

that such State is in compliance with all requirements of this

subsection.

"(3) Operating permits may be issued to those applicants who were

properly granted construction permits, in accordance with the law

and applicable regulations in effect at the time granted, for

construction of a new or modified source in areas exceeding

national primary air quality standards on or before the date of the

enactment of this Act [Aug. 7, 1977] if such construction permits

were granted prior to the date of the enactment of this Act and the

person issued any such permit is able to demonstrate that the

emissions from the source will be within the limitations set forth

in such construction permit."

STATE IMPLEMENTATION PLAN REVISION

Section 129(c) of Pub. L. 95-95, as amended by Pub. L. 95-190,

Sec. 14(b)(4), Nov. 16, 1977, 91 Stat. 1405, provided that:

"Notwithstanding the requirements of section 406(d)(2) [set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title] (relating to date required for submission of certain

implementation plan revisions), for purposes of section 110(a)(2)

of the Clean Air Act [section 7410(a)(2) of this title] each State

in which there is any nonattainment area (as defined in part D of

title I of the Clean Air Act) [this part] shall adopt and submit an

implementation plan revision which meets the requirements of

section 110(a)(2)(I) [section 7410(a)(2)(I) of this title] and part

D of title I of the Clean Air Act [this part] not later than

January 1, 1979. In the case of any State for which a plan revision

adopted and submitted before such date has made the demonstration

required under section 172(a)(2) of the Clean Air Act [subsec.

(a)(2) of this section] (respecting impossibility of attainment

before 1983), such State shall adopt and submit to the

Administrator a plan revision before July 1, 1982, which meets the

requirements of section 172(b) and (c) of such Act [subsecs. (b)

and (c) of this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7410, 7429, 7503, 7509,

7511, 7511a, 7512, 7512a, 7513, 7513a, 7607 of this title.

-End-

-CITE-

42 USC Sec. 7503 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7503. Permit requirements

-STATUTE-

(a) In general

The permit program required by section 7502(b)(6) (!1) of this

title shall provide that permits to construct and operate may be

issued if -

(1) in accordance with regulations issued by the Administrator

for the determination of baseline emissions in a manner

consistent with the assumptions underlying the applicable

implementation plan approved under section 7410 of this title and

this part, the permitting agency determines that -

(A) by the time the source is to commence operation,

sufficient offsetting emissions reductions have been obtained,

such that total allowable emissions from existing sources in

the region, from new or modified sources which are not major

emitting facilities, and from the proposed source will be

sufficiently less than total emissions from existing sources

(as determined in accordance with the regulations under this

paragraph) prior to the application for such permit to

construct or modify so as to represent (when considered

together with the plan provisions required under section 7502

of this title) reasonable further progress (as defined in

section 7501 of this title); or

(B) in the case of a new or modified major stationary source

which is located in a zone (within the nonattainment area)

identified by the Administrator, in consultation with the

Secretary of Housing and Urban Development, as a zone to which

economic development should be targeted, that emissions of such

pollutant resulting from the proposed new or modified major

stationary source will not cause or contribute to emissions

levels which exceed the allowance permitted for such pollutant

for such area from new or modified major stationary sources

under section 7502(c) of this title;

(2) the proposed source is required to comply with the lowest

achievable emission rate;

(3) the owner or operator of the proposed new or modified

source has demonstrated that all major stationary sources owned

or operated by such person (or by any entity controlling,

controlled by, or under common control with such person) in such

State are subject to emission limitations and are in compliance,

or on a schedule for compliance, with all applicable emission

limitations and standards under this chapter; and (!2)

(4) the Administrator has not determined that the applicable

implementation plan is not being adequately implemented for the

nonattainment area in which the proposed source is to be

constructed or modified in accordance with the requirements of

this part; and

(5) an analysis of alternative sites, sizes, production

processes, and environmental control techniques for such proposed

source demonstrates that benefits of the proposed source

significantly outweigh the environmental and social costs imposed

as a result of its location, construction, or modification.

Any emission reductions required as a precondition of the issuance

of a permit under paragraph (1) shall be federally enforceable

before such permit may be issued.

(b) Prohibition on use of old growth allowances

Any growth allowance included in an applicable implementation

plan to meet the requirements of section 7502(b)(5) of this title

(as in effect immediately before November 15, 1990) shall not be

valid for use in any area that received or receives a notice under

section 7410(a)(2)(H)(ii) of this title (as in effect immediately

before November 15, 1990) or under section 7410(k)(1) of this title

that its applicable implementation plan containing such allowance

is substantially inadequate.

(c) Offsets

(1) The owner or operator of a new or modified major stationary

source may comply with any offset requirement in effect under this

part for increased emissions of any air pollutant only by obtaining

emission reductions of such air pollutant from the same source or

other sources in the same nonattainment area, except that the State

may allow the owner or operator of a source to obtain such emission

reductions in another nonattainment area if (A) the other area has

an equal or higher nonattainment classification than the area in

which the source is located and (B) emissions from such other area

contribute to a violation of the national ambient air quality

standard in the nonattainment area in which the source is located.

Such emission reductions shall be, by the time a new or modified

source commences operation, in effect and enforceable and shall

assure that the total tonnage of increased emissions of the air

pollutant from the new or modified source shall be offset by an

equal or greater reduction, as applicable, in the actual emissions

of such air pollutant from the same or other sources in the area.

(2) Emission reductions otherwise required by this chapter shall

not be creditable as emissions reductions for purposes of any such

offset requirement. Incidental emission reductions which are not

otherwise required by this chapter shall be creditable as emission

reductions for such purposes if such emission reductions meet the

requirements of paragraph (1).

(d) Control technology information

The State shall provide that control technology information from

permits issued under this section will be promptly submitted to the

Administrator for purposes of making such information available

through the RACT/BACT/LAER clearinghouse to other States and to the

general public.

(e) Rocket engines or motors

The permitting authority of a State shall allow a source to

offset by alternative or innovative means emission increases from

rocket engine and motor firing, and cleaning related to such

firing, at an existing or modified major source that tests rocket

engines or motors under the following conditions:

(1) Any modification proposed is solely for the purpose of

expanding the testing of rocket engines or motors at an existing

source that is permitted to test such engines on November 15,

1990.

(2) The source demonstrates to the satisfaction of the

permitting authority of the State that it has used all reasonable

means to obtain and utilize offsets, as determined on an annual

basis, for the emissions increases beyond allowable levels, that

all available offsets are being used, and that sufficient offsets

are not available to the source.

(3) The source has obtained a written finding from the

Department of Defense, Department of Transportation, National

Aeronautics and Space Administration or other appropriate Federal

agency, that the testing of rocket motors or engines at the

facility is required for a program essential to the national

security.

(4) The source will comply with an alternative measure, imposed

by the permitting authority, designed to offset any emission

increases beyond permitted levels not directly offset by the

source. In lieu of imposing any alternative offset measures, the

permitting authority may impose an emissions fee to be paid to

such authority of a State which shall be an amount no greater

than 1.5 times the average cost of stationary source control

measures adopted in that area during the previous 3 years. The

permitting authority shall utilize the fees in a manner that

maximizes the emissions reductions in that area.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 173, as added Pub. L. 95-95,

title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 748; amended Pub. L.

95-190, Sec. 14(a)(57), (58), Nov. 16, 1977, 91 Stat. 1403; Pub. L.

101-549, title I, Sec. 102(c), Nov. 15, 1990, 104 Stat. 2415.)

-REFTEXT-

REFERENCES IN TEXT

Section 7502(b) of this title, referred to in subsec. (a), was

amended generally by Pub. L. 101-549, title I, Sec. 102(b), Nov.

15, 1990, 104 Stat. 2412, and, as so amended, does not contain a

par. (6). See section 7502(c)(5) of this title.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549, Sec. 102(c)(1), made technical amendment

to section catchline.

Pub. L. 101-549, Sec. 102(c)(2), (8), designated existing

provisions as subsec. (a), inserted heading, and substituted "(1)

shall be federally enforceable" for "(1)(A) shall be legally

binding" in last sentence.

Subsec. (a)(1). Pub. L. 101-549, Sec. 102(c)(3), inserted at

beginning "in accordance with regulations issued by the

Administrator for the determination of baseline emissions in a

manner consistent with the assumptions underlying the applicable

implementation plan approved under section 7410 of this title and

this part,".

Subsec. (a)(1)(A). Pub. L. 101-549, Sec. 102(c)(4), inserted

"sufficient offsetting emissions reductions have been obtained,

such that" after "to commence operation," and substituted "(as

determined in accordance with the regulations under this

paragraph)" for "allowed under the applicable implementation plan".

Subsec. (a)(1)(B). Pub. L. 101-549, Sec. 102(c)(5), inserted at

beginning "in the case of a new or modified major stationary source

which is located in a zone (within the nonattainment area)

identified by the Administrator, in consultation with the Secretary

of Housing and Urban Development, as a zone to which economic

development should be targeted," and substituted "7502(c)" for

"7502(b)".

Subsec. (a)(4). Pub. L. 101-549, Sec. 102(c)(6), inserted at

beginning "the Administrator has not determined that", substituted

"not being adequately implemented" for "being carried out", and

substituted "; and" for period at end.

Subsec. (a)(5). Pub. L. 101-549, Sec. 102(c)(7), added par. (5).

Subsec. (b). Pub. L. 101-549, Sec. 102(c)(9), added subsec. (b).

Subsecs. (c) to (e). Pub. L. 101-549, Sec. 102(c)(10), added

subsecs. (c) to (e).

1977 - Par. (1)(A). Pub. L. 95-190, Sec. 14(a)(57), inserted "or

modified" after "from new" and "applicable" before "implementation

plan", and substituted "source" for "facility" wherever appearing.

Par. (4). Pub. L. 95-190, Sec. 14(a)(58), added par. (4).

FAILURE TO ATTAIN NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARDS

UNDER CLEAN AIR ACT

Pub. L. 100-202, Sec. 101(f) [title II], Dec. 22, 1987, 101 Stat.

1329-187, 1329-199, provided that: "No restriction or prohibition

on construction, permitting, or funding under sections

110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of the Clean Air Act

[sections 7410(a)(2)(I), 7503(4), 7506(a), (b), 7616 of this title]

shall be imposed or take effect during the period prior to August

31, 1988, by reason of (1) the failure of any nonattainment area to

attain the national primary ambient air quality standard under the

Clean Air Act [this chapter] for photochemical oxidants (ozone) or

carbon monoxide (or both) by December 31, 1987, (2) the failure of

any State to adopt and submit to the Administrator of the

Environmental Protection Agency an implementation plan that meets

the requirements of part D of title I of such Act [this part] and

provides for attainment of such standards by December 31, 1987, (3)

the failure of any State or designated local government to

implement the applicable implementation plan, or (4) any

combination of the foregoing. During such period and consistent

with the preceding sentence, the issuance of a permit (including

required offsets) under section 173 of such Act [this section] for

the construction or modification of a source in a nonattainment

area shall not be denied solely or partially by reason of the

reference contained in section 171(l) of such Act [section 7501(1)

of this title] to the applicable date established in section 172(a)

[section 7502(a) of this title]. This subsection [probably means

the first 3 sentences of this note] shall not apply to any

restriction or prohibition in effect under sections 110(a)(2)(I),

173(4), 176(a), 176(b), or 316 of such Act prior to the enactment

of this section [Dec. 22, 1987]. Prior to August 31, 1988, the

Administrator of the Environmental Protection Agency shall evaluate

air quality data and make determinations with respect to which

areas throughout the nation have attained, or failed to attain,

either or both of the national primary ambient air quality

standards referred to in subsection (a) [probably means the first 3

sentences of this note] and shall take appropriate steps to

designate those areas failing to attain either or both of such

standards as nonattainment areas within the meaning of part D of

title I of the Clean Air Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7492, 7502, 7509, 7511a,

7513a of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The word "and" probably should not appear.

-End-

-CITE-

42 USC Sec. 7504 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7504. Planning procedures

-STATUTE-

(a) In general

For any ozone, carbon monoxide, or PM-10 nonattainment area, the

State containing such area and elected officials of affected local

governments shall, before the date required for submittal of the

inventory described under sections 7511a(a)(1) and 7512a(a)(1) of

this title, jointly review and update as necessary the planning

procedures adopted pursuant to this subsection as in effect

immediately before November 15, 1990, or develop new planning

procedures pursuant to this subsection, as appropriate. In

preparing such procedures the State and local elected officials

shall determine which elements of a revised implementation plan

will be developed, adopted, and implemented (through means

including enforcement) by the State and which by local governments

or regional agencies, or any combination of local governments,

regional agencies, or the State. The implementation plan required

by this part shall be prepared by an organization certified by the

State, in consultation with elected officials of local governments

and in accordance with the determination under the second sentence

of this subsection. Such organization shall include elected

officials of local governments in the affected area, and

representatives of the State air quality planning agency, the State

transportation planning agency, the metropolitan planning

organization designated to conduct the continuing, cooperative and

comprehensive transportation planning process for the area under

section 134 of title 23, the organization responsible for the air

quality maintenance planning process under regulations implementing

this chapter, and any other organization with responsibilities for

developing, submitting, or implementing the plan required by this

part. Such organization may be one that carried out these functions

before November 15, 1990.

(b) Coordination

The preparation of implementation plan provisions and subsequent

plan revisions under the continuing transportation-air quality

planning process described in section 7408(e) of this title shall

be coordinated with the continuing, cooperative and comprehensive

transportation planning process required under section 134 of title

23, and such planning processes shall take into account the

requirements of this part.

(c) Joint planning

In the case of a nonattainment area that is included within more

than one State, the affected States may jointly, through interstate

compact or otherwise, undertake and implement all or part of the

planning procedures described in this section.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 174, as added Pub. L. 95-95,

title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 748; amended Pub. L.

101-549, title I, Sec. 102(d), Nov. 15, 1990, 104 Stat. 2417.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

preparation of implementation plan by designated organization; and

in subsec. (b), coordination of plan preparation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7505, 7511a of this

title.

-End-

-CITE-

42 USC Sec. 7505 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7505. Environmental Protection Agency grants

-STATUTE-

(a) Plan revision development costs

The Administrator shall make grants to any organization of local

elected officials with transportation or air quality maintenance

planning responsibilities recognized by the State under section

7504(a) of this title for payment of the reasonable costs of

developing a plan revision under this part.

(b) Uses of grant funds

The amount granted to any organization under subsection (a) of

this section shall be 100 percent of any additional costs of

developing a plan revision under this part for the first two fiscal

years following receipt of the grant under this paragraph, and

shall supplement any funds available under Federal law to such

organization for transportation or air quality maintenance

planning. Grants under this section shall not be used for

construction.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 175, as added Pub. L. 95-95,

title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 749.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7626 of this title.

-End-

-CITE-

42 USC Sec. 7505a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7505a. Maintenance plans

-STATUTE-

(a) Plan revision

Each State which submits a request under section 7407(d) of this

title for redesignation of a nonattainment area for any air

pollutant as an area which has attained the national primary

ambient air quality standard for that air pollutant shall also

submit a revision of the applicable State implementation plan to

provide for the maintenance of the national primary ambient air

quality standard for such air pollutant in the area concerned for

at least 10 years after the redesignation. The plan shall contain

such additional measures, if any, as may be necessary to ensure

such maintenance.

(b) Subsequent plan revisions

8 years after redesignation of any area as an attainment area

under section 7407(d) of this title, the State shall submit to the

Administrator an additional revision of the applicable State

implementation plan for maintaining the national primary ambient

air quality standard for 10 years after the expiration of the

10-year period referred to in subsection (a) of this section.

(c) Nonattainment requirements applicable pending plan approval

Until such plan revision is approved and an area is redesignated

as attainment for any area designated as a nonattainment area, the

requirements of this part shall continue in force and effect with

respect to such area.

(d) Contingency provisions

Each plan revision submitted under this section shall contain

such contingency provisions as the Administrator deems necessary to

assure that the State will promptly correct any violation of the

standard which occurs after the redesignation of the area as an

attainment area. Such provisions shall include a requirement that

the State will implement all measures with respect to the control

of the air pollutant concerned which were contained in the State

implementation plan for the area before redesignation of the area

as an attainment area. The failure of any area redesignated as an

attainment area to maintain the national ambient air quality

standard concerned shall not result in a requirement that the State

revise its State implementation plan unless the Administrator, in

the Administrator's discretion, requires the State to submit a

revised State implementation plan.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 175A, as added Pub. L.

101-549, title I, Sec. 102(e), Nov. 15, 1990, 104 Stat. 2418.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7407, 7506 of this title;

title 23 section 109.

-End-

-CITE-

42 USC Sec. 7506 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7506. Limitations on certain Federal assistance

-STATUTE-

(a), (b) Repealed. Pub. L. 101-549, title I, Sec. 110(4), Nov. 15,

1990, 104 Stat. 2470

(c) Activities not conforming to approved or promulgated plans

(1) No department, agency, or instrumentality of the Federal

Government shall engage in, support in any way or provide financial

assistance for, license or permit, or approve, any activity which

does not conform to an implementation plan after it has been

approved or promulgated under section 7410 of this title. No

metropolitan planning organization designated under section 134 of

title 23, shall give its approval to any project, program, or plan

which does not conform to an implementation plan approved or

promulgated under section 7410 of this title. The assurance of

conformity to such an implementation plan shall be an affirmative

responsibility of the head of such department, agency, or

instrumentality. Conformity to an implementation plan means -

(A) conformity to an implementation plan's purpose of

eliminating or reducing the severity and number of violations of

the national ambient air quality standards and achieving

expeditious attainment of such standards; and

(B) that such activities will not -

(i) cause or contribute to any new violation of any standard

in any area;

(ii) increase the frequency or severity of any existing

violation of any standard in any area; or

(iii) delay timely attainment of any standard or any required

interim emission reductions or other milestones in any area.

The determination of conformity shall be based on the most recent

estimates of emissions, and such estimates shall be determined from

the most recent population, employment, travel and congestion

estimates as determined by the metropolitan planning organization

or other agency authorized to make such estimates.

(2) Any transportation plan or program developed pursuant to

title 23 or chapter 53 of title 49 shall implement the

transportation provisions of any applicable implementation plan

approved under this chapter applicable to all or part of the area

covered by such transportation plan or program. No Federal agency

may approve, accept or fund any transportation plan, program or

project unless such plan, program or project has been found to

conform to any applicable implementation plan in effect under this

chapter. In particular -

(A) no transportation plan or transportation improvement

program may be adopted by a metropolitan planning organization

designated under title 23 or chapter 53 of title 49, or be found

to be in conformity by a metropolitan planning organization until

a final determination has been made that emissions expected from

implementation of such plans and programs are consistent with

estimates of emissions from motor vehicles and necessary

emissions reductions contained in the applicable implementation

plan, and that the plan or program will conform to the

requirements of paragraph (1)(B);

(B) no metropolitan planning organization or other recipient of

funds under title 23 or chapter 53 of title 49 shall adopt or

approve a transportation improvement program of projects until it

determines that such program provides for timely implementation

of transportation control measures consistent with schedules

included in the applicable implementation plan;

(C) a transportation project may be adopted or approved by a

metropolitan planning organization or any recipient of funds

designated under title 23 or chapter 53 of title 49, or found in

conformity by a metropolitan planning organization or approved,

accepted, or funded by the Department of Transportation only if

it meets either the requirements of subparagraph (D) or the

following requirements -

(i) such a project comes from a conforming plan and program;

(ii) the design concept and scope of such project have not

changed significantly since the conformity finding regarding

the plan and program from which the project derived; and

(iii) the design concept and scope of such project at the

time of the conformity determination for the program was

adequate to determine emissions.

(D) Any project not referred to in subparagraph (C) shall be

treated as conforming to the applicable implementation plan only

if it is demonstrated that the projected emissions from such

project, when considered together with emissions projected for

the conforming transportation plans and programs within the

nonattainment area, do not cause such plans and programs to

exceed the emission reduction projections and schedules assigned

to such plans and programs in the applicable implementation plan.

(3) Until such time as the implementation plan revision referred

to in paragraph (4)(C) is approved, conformity of such plans,

programs, and projects will be demonstrated if -

(A) the transportation plans and programs -

(i) are consistent with the most recent estimates of mobile

source emissions;

(ii) provide for the expeditious implementation of

transportation control measures in the applicable

implementation plan; and

(iii) with respect to ozone and carbon monoxide nonattainment

areas, contribute to annual emissions reductions consistent

with sections 7511a(b)(1) and 7512a(a)(7) of this title; and

(B) the transportation projects -

(i) come from a conforming transportation plan and program as

defined in subparagraph (A) or for 12 months after November 15,

1990, from a transportation program found to conform within 3

years prior to November 15, 1990; and

(ii) in carbon monoxide nonattainment areas, eliminate or

reduce the severity and number of violations of the carbon

monoxide standards in the area substantially affected by the

project.

With regard to subparagraph (B)(ii), such determination may be

made as part of either the conformity determination for the

transportation program or for the individual project taken as a

whole during the environmental review phase of project

development.

(4)(A) No later than one year after November 15, 1990, the

Administrator shall promulgate criteria and procedures for

determining conformity (except in the case of transportation plans,

programs, and projects) of, and for keeping the Administrator

informed about, the activities referred to in paragraph (1). No

later than one year after November 15, 1990, the Administrator,

with the concurrence of the Secretary of Transportation, shall

promulgate criteria and procedures for demonstrating and assuring

conformity in the case of transportation plans, programs, and

projects. A suit may be brought against the Administrator and the

Secretary of Transportation under section 7604 of this title to

compel promulgation of such criteria and procedures and the Federal

district court shall have jurisdiction to order such promulgation.

(B) The procedures and criteria shall, at a minimum -

(i) address the consultation procedures to be undertaken by

metropolitan planning organizations and the Secretary of

Transportation with State and local air quality agencies and

State departments of transportation before such organizations and

the Secretary make conformity determinations;

(ii) address the appropriate frequency for making conformity

determinations, but in no case shall such determinations for

transportation plans and programs be less frequent than every

three years; and

(iii) address how conformity determinations will be made with

respect to maintenance plans.

(C) Such procedures shall also include a requirement that each

State shall submit to the Administrator and the Secretary of

Transportation within 24 months of November 15, 1990, a revision to

its implementation plan that includes criteria and procedures for

assessing the conformity of any plan, program, or project subject

to the conformity requirements of this subsection.

(D) Compliance with the rules of the Administrator for

determining the conformity of transportation plans, programs, and

projects funded or approved under title 23 or chapter 53 of title

49 to State or Federal implementation plans shall not be required

for traffic signal synchronization projects prior to the funding,

approval or implementation of such projects. The supporting

regional emissions analysis for any conformity determination made

with respect to a transportation plan, program, or project shall

consider the effect on emissions of any such project funded,

approved, or implemented prior to the conformity determination.

(5) Applicability. - This subsection shall apply only with

respect to -

(A) a nonattainment area and each pollutant for which the area

is designated as a nonattainment area; and

(B) an area that was designated as a nonattainment area but

that was later redesignated by the Administrator as an attainment

area and that is required to develop a maintenance plan under

section 7505a of this title with respect to the specific

pollutant for which the area was designated nonattainment.

(6) Notwithstanding paragraph 5,(!1) this subsection shall not

apply with respect to an area designated nonattainment under

section 7407(d)(1) of this title until 1 year after that area is

first designated nonattainment for a specific national ambient air

quality standard. This paragraph only applies with respect to the

national ambient air quality standard for which an area is newly

designated nonattainment and does not affect the area's

requirements with respect to all other national ambient air quality

standards for which the area is designated nonattainment or has

been redesignated from nonattainment to attainment with a

maintenance plan pursuant to section 7505a (!2) of this title

(including any pre-existing national ambient air quality standard

for a pollutant for which a new or revised standard has been

issued).

(d) Priority of achieving and maintaining national primary ambient

air quality standards

Each department, agency, or instrumentality of the Federal

Government having authority to conduct or support any program with

air-quality related transportation consequences shall give priority

in the exercise of such authority, consistent with statutory

requirements for allocation among States or other jurisdictions, to

the implementation of those portions of plans prepared under this

section to achieve and maintain the national primary ambient

air-quality standard. This paragraph extends to, but is not limited

to, authority exercised under chapter 53 of title 49, title 23, and

the Housing and Urban Development Act.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 176, as added Pub. L. 95-95,

title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 749; amended Pub. L.

95-190, Sec. 14(a)(59), Nov. 16, 1977, 91 Stat. 1403; Pub. L.

101-549, title I, Secs. 101(f), 110(4), Nov. 15, 1990, 104 Stat.

2409, 2470; Pub. L. 104-59, title III, Sec. 305(b), Nov. 28, 1995,

109 Stat. 580; Pub. L. 104-260, Sec. 1, Oct. 9, 1996, 110 Stat.

3175; Pub. L. 106-377, Sec. 1(a)(1) [title III], Oct. 27, 2000, 114

Stat. 1441, 1441A-44.)

-REFTEXT-

REFERENCES IN TEXT

Section 7505a of this title, referred to in subsec. (c)(6), was

in the original "section 175(A)" and was translated as reading

"section 175A", meaning section 175A of act July 14, 1955, which is

classified to section 7505a of this title, to reflect the probable

intent of Congress.

The Housing and Urban Development Act, referred to in subsec.

(d), may be the name for a series of acts sharing the same name but

enacted in different years by Pub. L. 89-117, Aug. 10, 1965, 79

Stat. 451; Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476; Pub. L.

91-152, Dec. 24, 1969, 83 Stat. 379; and Pub. L. 91-609, Dec. 31,

1970, 84 Stat. 1770, respectively. For complete classification of

these Acts to the Code, see Short Title notes set out under section

1701 of Title 12, Banks and Banking, and Tables.

-COD-

CODIFICATION

In subsecs. (c)(2) and (d), "chapter 53 of title 49" substituted

for "the Urban Mass Transportation Act [49 App. U.S.C. 1601 et

seq.]" and in subsec. (c)(4)(D) substituted for "Federal Transit

Act" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108

Stat. 1378 (the first section of which enacted subtitles II, III,

and V to X of Title 49, Transportation), and of Pub. L. 102-240,

title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 2088, which

provided that references in laws to the Urban Mass Transportation

Act of 1964 be deemed to be references to the Federal Transit Act.

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(6). Pub. L. 106-377 added par. (6).

1996 - Subsec. (c)(4)(D). Pub. L. 104-260 added subpar. (D).

1995 - Subsec. (c)(5). Pub. L. 104-59 added par. (5).

1990 - Subsecs. (a), (b). Pub. L. 101-549, Sec. 110(4), struck

out subsec. (a) which related to approval of projects or award of

grants, and subsec. (b) which related to implementation of approved

or promulgated plans.

Subsec. (c). Pub. L. 101-549, Sec. 101(f), designated existing

provisions as par. (1), struck out "(1)", "(2)", "(3)", and "(4)"

before "engage in", "support in", "license or", and "approve, any",

respectively, substituted "conform to an implementation plan after

it" for "conform to a plan after it", "conform to an implementation

plan approved" for "conform to a plan approved", and "conformity to

such an implementation plan shall" for "conformity to such a plan

shall", inserted "Conformity to an implementation plan means - "

followed immediately by subpars. (A) and (B) and closing provisions

relating to determination of conformity being based on recent

estimates of emissions and the determination of such estimates, and

added pars. (2) to (4).

1977 - Subsec. (a)(1). Pub. L. 95-190 inserted "national" before

"primary".

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph (5),".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7506a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7506a. Interstate transport commissions

-STATUTE-

(a) Authority to establish interstate transport regions

Whenever, on the Administrator's own motion or by petition from

the Governor of any State, the Administrator has reason to believe

that the interstate transport of air pollutants from one or more

States contributes significantly to a violation of a national

ambient air quality standard in one or more other States, the

Administrator may establish, by rule, a transport region for such

pollutant that includes such States. The Administrator, on the

Administrator's own motion or upon petition from the Governor of

any State, or upon the recommendation of a transport commission

established under subsection (b) of this section, may -

(1) add any State or portion of a State to any region

established under this subsection whenever the Administrator has

reason to believe that the interstate transport of air pollutants

from such State significantly contributes to a violation of the

standard in the transport region, or

(2) remove any State or portion of a State from the region

whenever the Administrator has reason to believe that the control

of emissions in that State or portion of the State pursuant to

this section will not significantly contribute to the attainment

of the standard in any area in the region.

The Administrator shall approve or disapprove any such petition or

recommendation within 18 months of its receipt. The Administrator

shall establish appropriate proceedings for public participation

regarding such petitions and motions, including notice and comment.

(b) Transport commissions

(1) Establishment

Whenever the Administrator establishes a transport region under

subsection (a) of this section, the Administrator shall establish

a transport commission comprised of (at a minimum) each of the

following members:

(A) The Governor of each State in the region or the designee

of each such Governor.

(B) The Administrator or the Administrator's designee.

(C) The Regional Administrator (or the Administrator's

designee) for each Regional Office for each Environmental

Protection Agency Region affected by the transport region

concerned.

(D) An air pollution control official representing each State

in the region, appointed by the Governor.

Decisions of, and recommendations and requests to, the

Administrator by each transport commission may be made only by a

majority vote of all members other than the Administrator and the

Regional Administrators (or designees thereof).

(2) Recommendations

The transport commission shall assess the degree of interstate

transport of the pollutant or precursors to the pollutant

throughout the transport region, assess strategies for mitigating

the interstate pollution, and recommend to the Administrator such

measures as the Commission determines to be necessary to ensure

that the plans for the relevant States meet the requirements of

section 7410(a)(2)(D) of this title. Such commission shall not be

subject to the provisions of the Federal Advisory Committee Act

(5 U.S.C. App.).

(c) Commission requests

A transport commission established under subsection (b) of this

section may request the Administrator to issue a finding under

section 7410(k)(5) of this title that the implementation plan for

one or more of the States in the transport region is substantially

inadequate to meet the requirements of section 7410(a)(2)(D) of

this title. The Administrator shall approve, disapprove, or

partially approve and partially disapprove such a request within 18

months of its receipt and, to the extent the Administrator approves

such request, issue the finding under section 7410(k)(5) of this

title at the time of such approval. In acting on such request, the

Administrator shall provide an opportunity for public participation

and shall address each specific recommendation made by the

commission. Approval or disapproval of such a request shall

constitute final agency action within the meaning of section

7607(b) of this title.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 176A, as added Pub. L.

101-549, title I, Sec. 102(f)(1), Nov. 15, 1990, 104 Stat. 2419.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(b)(2), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7406, 7410, 7511c of this

title.

-End-

-CITE-

42 USC Sec. 7507 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7507. New motor vehicle emission standards in nonattainment

areas

-STATUTE-

Notwithstanding section 7543(a) of this title, any State which

has plan provisions approved under this part may adopt and enforce

for any model year standards relating to control of emissions from

new motor vehicles or new motor vehicle engines and take such other

actions as are referred to in section 7543(a) of this title

respecting such vehicles if -

(1) such standards are identical to the California standards

for which a waiver has been granted for such model year, and

(2) California and such State adopt such standards at least two

years before commencement of such model year (as determined by

regulations of the Administrator).

Nothing in this section or in subchapter II of this chapter shall

be construed as authorizing any such State to prohibit or limit,

directly or indirectly, the manufacture or sale of a new motor

vehicle or motor vehicle engine that is certified in California as

meeting California standards, or to take any action of any kind to

create, or have the effect of creating, a motor vehicle or motor

vehicle engine different than a motor vehicle or engine certified

in California under California standards (a "third vehicle") or

otherwise create such a "third vehicle".

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 177, as added Pub. L. 95-95,

title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 750; amended Pub. L.

101-549, title II, Sec. 232, Nov. 15, 1990, 104 Stat. 2529.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549 added sentence at end prohibiting States

from limiting or prohibiting sale or manufacture of new vehicles or

engines certified in California as having met California standards

and from taking any actions where effect of those actions would be

to create a "third vehicle".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7589 of this title.

-End-

-CITE-

42 USC Sec. 7508 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7508. Guidance documents

-STATUTE-

The Administrator shall issue guidance documents under section

7408 of this title for purposes of assisting States in implementing

requirements of this part respecting the lowest achievable emission

rate. Such a document shall be published not later than nine months

after August 7, 1977, and shall be revised at least every two years

thereafter.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 178, as added Pub. L. 95-95,

title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 750.)

-End-

-CITE-

42 USC Sec. 7509 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7509. Sanctions and consequences of failure to attain

-STATUTE-

(a) State failure

For any implementation plan or plan revision required under this

part (or required in response to a finding of substantial

inadequacy as described in section 7410(k)(5) of this title), if

the Administrator -

(1) finds that a State has failed, for an area designated

nonattainment under section 7407(d) of this title, to submit a

plan, or to submit 1 or more of the elements (as determined by

the Administrator) required by the provisions of this chapter

applicable to such an area, or has failed to make a submission

for such an area that satisfies the minimum criteria established

in relation to any such element under section 7410(k) of this

title,

(2) disapproves a submission under section 7410(k) of this

title, for an area designated nonattainment under section 7407 of

this title, based on the submission's failure to meet one or more

of the elements required by the provisions of this chapter

applicable to such an area,

(3)(A) determines that a State has failed to make any

submission as may be required under this chapter, other than one

described under paragraph (1) or (2), including an adequate

maintenance plan, or has failed to make any submission, as may be

required under this chapter, other than one described under

paragraph (1) or (2), that satisfies the minimum criteria

established in relation to such submission under section

7410(k)(1)(A) of this title, or

(B) disapproves in whole or in part a submission described

under subparagraph (A), or

(4) finds that any requirement of an approved plan (or approved

part of a plan) is not being implemented,

unless such deficiency has been corrected within 18 months after

the finding, disapproval, or determination referred to in

paragraphs (1), (2), (3), and (4), one of the sanctions referred to

in subsection (b) of this section shall apply, as selected by the

Administrator, until the Administrator determines that the State

has come into compliance, except that if the Administrator finds a

lack of good faith, sanctions under both paragraph (1) and

paragraph (2) of subsection (b) of this section shall apply until

the Administrator determines that the State has come into

compliance. If the Administrator has selected one of such sanctions

and the deficiency has not been corrected within 6 months

thereafter, sanctions under both paragraph (1) and paragraph (2) of

subsection (b) of this section shall apply until the Administrator

determines that the State has come into compliance. In addition to

any other sanction applicable as provided in this section, the

Administrator may withhold all or part of the grants for support of

air pollution planning and control programs that the Administrator

may award under section 7405 of this title.

(b) Sanctions

The sanctions available to the Administrator as provided in

subsection (a) of this section are as follows:

(1) Highway sanctions

(A) The Administrator may impose a prohibition, applicable to a

nonattainment area, on the approval by the Secretary of

Transportation of any projects or the awarding by the Secretary

of any grants, under title 23 other than projects or grants for

safety where the Secretary determines, based on accident or other

appropriate data submitted by the State, that the principal

purpose of the project is an improvement in safety to resolve a

demonstrated safety problem and likely will result in a

significant reduction in, or avoidance of, accidents. Such

prohibition shall become effective upon the selection by the

Administrator of this sanction.

(B) In addition to safety, projects or grants that may be

approved by the Secretary, notwithstanding the prohibition in

subparagraph (A), are the following -

(i) capital programs for public transit;

(ii) construction or restriction of certain roads or lanes

solely for the use of passenger buses or high occupancy

vehicles;

(iii) planning for requirements for employers to reduce

employee work-trip-related vehicle emissions;

(iv) highway ramp metering, traffic signalization, and

related programs that improve traffic flow and achieve a net

emission reduction;

(v) fringe and transportation corridor parking facilities

serving multiple occupancy vehicle programs or transit

operations;

(vi) programs to limit or restrict vehicle use in downtown

areas or other areas of emission concentration particularly

during periods of peak use, through road use charges, tolls,

parking surcharges, or other pricing mechanisms, vehicle

restricted zones or periods, or vehicle registration programs;

(vii) programs for breakdown and accident scene management,

nonrecurring congestion, and vehicle information systems, to

reduce congestion and emissions; and

(viii) such other transportation-related programs as the

Administrator, in consultation with the Secretary of

Transportation, finds would improve air quality and would not

encourage single occupancy vehicle capacity.

In considering such measures, the State should seek to ensure

adequate access to downtown, other commercial, and residential

areas, and avoid increasing or relocating emissions and

congestion rather than reducing them.

(2) Offsets

In applying the emissions offset requirements of section 7503

of this title to new or modified sources or emissions units for

which a permit is required under this part, the ratio of emission

reductions to increased emissions shall be at least 2 to 1.

(c) Notice of failure to attain

(1) As expeditiously as practicable after the applicable

attainment date for any nonattainment area, but not later than 6

months after such date, the Administrator shall determine, based on

the area's air quality as of the attainment date, whether the area

attained the standard by that date.

(2) Upon making the determination under paragraph (1), the

Administrator shall publish a notice in the Federal Register

containing such determination and identifying each area that the

Administrator has determined to have failed to attain. The

Administrator may revise or supplement such determination at any

time based on more complete information or analysis concerning the

area's air quality as of the attainment date.

(d) Consequences for failure to attain

(1) Within 1 year after the Administrator publishes the notice

under subsection (c)(2) of this section (relating to notice of

failure to attain), each State containing a nonattainment area

shall submit a revision to the applicable implementation plan

meeting the requirements of paragraph (2) of this subsection.

(2) The revision required under paragraph (1) shall meet the

requirements of section 7410 of this title and section 7502 of this

title. In addition, the revision shall include such additional

measures as the Administrator may reasonably prescribe, including

all measures that can be feasibly implemented in the area in light

of technological achievability, costs, and any nonair quality and

other air quality-related health and environmental impacts.

(3) The attainment date applicable to the revision required under

paragraph (1) shall be the same as provided in the provisions of

section 7502(a)(2) of this title, except that in applying such

provisions the phrase "from the date of the notice under section

7509(c)(2) of this title" shall be substituted for the phrase "from

the date such area was designated nonattainment under section

7407(d) of this title" and for the phrase "from the date of

designation as nonattainment".

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 179, as added Pub. L.

101-549, title I, Sec. 102(g), Nov. 15, 1990, 104 Stat. 2420.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7410, 7502, 7511a, 7511d,

7512a, 7661a of this title.

-End-

-CITE-

42 USC Sec. 7509a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part D - Plan Requirements for Nonattainment Areas

subpart 1 - nonattainment areas in general

-HEAD-

Sec. 7509a. International border areas

-STATUTE-

(a) Implementation plans and revisions

Notwithstanding any other provision of law, an implementation

plan or plan revision required under this chapter shall be approved

by the Administrator if -

(1) such plan or revision meets all the requirements applicable

to it under the (!1) chapter other than a requirement that such

plan or revision demonstrate attainment and maintenance of the

relevant national ambient air quality standards by the attainment

date specified under the applicable provision of this chapter, or

in a regulation promulgated under such provision, and

(2) the submitting State 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.

(b) Attainment of ozone levels

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.

(c) Attainment of carbon monoxide levels

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.

(d) Attainment of PM-10 levels

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-

(July 14, 1955, ch. 360, title I, Sec. 179B, as added Pub. L.

101-549, title VIII, Sec. 818, Nov. 15, 1990, 104 Stat. 2697.)

-MISC1-

ESTABLISHMENT OF PROGRAM TO MONITOR AND IMPROVE AIR QUALITY IN

REGIONS ALONG BORDER BETWEEN UNITED STATES AND MEXICO

Section 815 of Pub. L. 101-549 provided that:

"(a) In General. - The Administrator of the Environmental

Protection Agency (hereinafter referred to as the 'Administrator')

is authorized, in cooperation with the Department of State and the

affected States, to negotiate with representatives of Mexico to

authorize a program to monitor and improve air quality in regions

along the border between the United States and Mexico. The program

established under this section shall not extend beyond July 1,

1995.

"(b) Monitoring and Remediation. -

"(1) Monitoring. - The monitoring component of the program

conducted under this section shall identify and determine sources

of pollutants for which national ambient air quality standards

(hereinafter referred to as 'NAAQS') and other air quality goals

have been established in regions along the border between the

United States and Mexico. Any such monitoring component of the

program shall include, but not be limited to, the collection of

meteorological data, the measurement of air quality, the

compilation of an emissions inventory, and shall be sufficient to

the extent necessary to successfully support the use of a

state-of-the-art mathematical air modeling analysis. Any such

monitoring component of the program shall collect and produce

data projecting the level of emission reductions necessary in

both Mexico and the United States to bring about attainment of

both primary and secondary NAAQS, and other air quality goals, in

regions along the border in the United States. Any such

monitoring component of the program shall include to the extent

possible, data from monitoring programs undertaken by other

parties.

"(2) Remediation. - The Administrator is authorized to

negotiate with appropriate representatives of Mexico to develop

joint remediation measures to reduce the level of airborne

pollutants to achieve and maintain primary and secondary NAAQS,

and other air quality goals, in regions along the border between

the United States and Mexico. Such joint remediation measures may

include, but not be limited to measures included in the

Environmental Protection Agency's Control Techniques and Control

Technology documents. Any such remediation program shall also

identify those control measures implementation of which in Mexico

would be expedited by the use of material and financial

assistance of the United States.

"(c) Annual Reports. - The Administrator shall, each year the

program authorized in this section is in operation, report to

Congress on the progress of the program in bringing nonattainment

areas along the border of the United States into attainment with

primary and secondary NAAQS. The report issued by the Administrator

under this paragraph shall include recommendations on funding

mechanisms to assist in implementation of monitoring and

remediation efforts.

"(d) Funding and Personnel. - The Administrator may, where

appropriate, make available, subject to the appropriations, such

funds, personnel, and equipment as may be necessary to implement

the provisions of this section. In those cases where direct

financial assistance of the United States is provided to implement

monitoring and remediation programs in Mexico, the Administrator

shall develop grant agreements with appropriate representatives of

Mexico to assure the accuracy and completeness of monitoring data

and the performance of remediation measures which are financed by

the United States. With respect to any control measures within

Mexico funded by the United States, the Administrator shall, to the

maximum extent practicable, utilize resources of Mexico where such

utilization would reduce costs to the United States. Such funding

agreements shall include authorization for the Administrator to -

"(1) review and agree to plans for monitoring and remediation;

"(2) inspect premises, equipment and records to insure

compliance with the agreements established under and the purposes

set forth in this section; and

"(3) where necessary, develop grant agreements with affected

States to carry out the provisions of this section."

-FOOTNOTE-

(!1) So in original. Probably should be "this".

(!2) So in original. Section 7512(b) of this title does not

contain a par. (9).

-End-

-CITE-

42 USC subpart 2 - additional provisions for ozone

nonattainment areas 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

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

-HEAD-

SUBPART 2 - ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7418, 7545, 7586, 7626 of

this title; title 23 section 104; title 49 section 5308.

-End-

-CITE-

42 USC Sec. 7511 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

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

-HEAD-

Sec. 7511. Classifications and attainment dates

-STATUTE-

(a) Classification and attainment dates for 1989 nonattainment

areas

(1) Each area designated nonattainment for ozone pursuant to

section 7407(d) of this title shall be classified at the time of

such designation, under table 1, by operation of law, as a Marginal

Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme

Area based on the design value for the area. The design value shall

be calculated according to the interpretation methodology issued by

the Administrator most recently before November 15, 1990. For each

area classified under this subsection, the primary standard

attainment date for ozone shall be as expeditiously as practicable

but not later than the date provided in table 1.

TABLE 1

--------------------------------------------------------------------

Area class Design value* Primary standard

attainment date**

--------------------------------------------------------------------

Marginal 0.121 up to 0.138 3 years after November

15, 1990

Moderate 0.138 up to 0.160 6 years after November

15, 1990

Serious 0.160 up to 0.180 9 years after November

15, 1990

Severe 0.180 up to 0.280 15 years after November

15, 1990

Extreme 0.280 and above 20 years after November

15, 1990

*The design value is measured in parts per million (ppm).

**The primary standard attainment date is measured from November

15, 1990.

--------------------------------------------------------------------

(2) Notwithstanding table 1, in the case of a severe area with a

1988 ozone design value between 0.190 and 0.280 ppm, the attainment

date shall be 17 years (in lieu of 15 years) after November 15,

1990.

(3) At the time of publication of the notice under section

7407(d)(4) of this title (relating to area designations) for each

ozone nonattainment area, the Administrator shall publish a notice

announcing the classification of such ozone nonattainment area. The

provisions of section 7502(a)(1)(B) of this title (relating to lack

of notice and comment and judicial review) shall apply to such

classification.

(4) If an area classified under paragraph (1) (Table 1) would

have been classified in another category if the design value in the

area were 5 percent greater or 5 percent less than the level on

which such classification was based, the Administrator may, in the

Administrator's discretion, within 90 days after the initial

classification, by the procedure required under paragraph (3),

adjust the classification to place the area in such other category.

In making such adjustment, the Administrator may consider the

number of exceedances of the national primary ambient air quality

standard for ozone in the area, the level of pollution transport

between the area and other affected areas, including both

intrastate and interstate transport, and the mix of sources and air

pollutants in the area.

(5) Upon application by any State, the Administrator may extend

for 1 additional year (hereinafter referred to as the "Extension

Year") the date specified in table 1 of paragraph (1) of this

subsection if -

(A) the State has complied with all requirements and

commitments pertaining to the area in the applicable

implementation plan, and

(B) no more than 1 exceedance of the national ambient air

quality standard level for ozone has occurred in the area in the

year preceding the Extension Year.

No more than 2 one-year extensions may be issued under this

paragraph for a single nonattainment area.

(b) New designations and reclassifications

(1) New designations to nonattainment

Any area that is designated attainment or unclassifiable for

ozone under section 7407(d)(4) of this title, and that is

subsequently redesignated to nonattainment for ozone under

section 7407(d)(3) of this title, shall, at the time of the

redesignation, be classified by operation of law in accordance

with table 1 under subsection (a) of this section. Upon its

classification, the area shall be subject to the same

requirements under section 7410 of this title, subpart 1 of this

part, and this subpart that would have applied had the area been

so classified at the time of the notice under subsection (a)(3)

of this section, except that any absolute, fixed date applicable

in connection with any such requirement is extended by operation

of law by a period equal to the length of time between November

15, 1990, and the date the area is classified under this

paragraph.

(2) Reclassification upon failure to attain

(A) Within 6 months following the applicable attainment date

(including any extension thereof) for an ozone nonattainment

area, the Administrator shall determine, based on the area's

design value (as of the attainment date), whether the area

attained the standard by that date. Except for any Severe or

Extreme area, any area that the Administrator finds has not

attained the standard by that date shall be reclassified by

operation of law in accordance with table 1 of subsection (a) of

this section to the higher of -

(i) the next higher classification for the area, or

(ii) the classification applicable to the area's design value

as determined at the time of the notice required under

subparagraph (B).

No area shall be reclassified as Extreme under clause (ii).

(B) The Administrator shall publish a notice in the Federal

Register, no later than 6 months following the attainment date,

identifying each area that the Administrator has determined under

subparagraph (A) as having failed to attain and identifying the

reclassification, if any, described under subparagraph (A).

(3) Voluntary reclassification

The Administrator shall grant the request of any State to

reclassify a nonattainment area in that State in accordance with

table 1 of subsection (a) of this section to a higher

classification. The Administrator shall publish a notice in the

Federal Register of any such request and of action by the

Administrator granting the request.

(4) Failure of Severe Areas to attain standard

(A) If any Severe Area fails to achieve the national primary

ambient air quality standard for ozone by the applicable

attainment date (including any extension thereof), the fee

provisions under section 7511d of this title shall apply within

the area, the percent reduction requirements of section

7511a(c)(2)(B) and (C) of this title (relating to reasonable

further progress demonstration and NOG5x control) shall continue

to apply to the area, and the State shall demonstrate that such

percent reduction has been achieved in each 3-year interval after

such failure until the standard is attained. Any failure to make

such a demonstration shall be subject to the sanctions provided

under this part.

(B) In addition to the requirements of subparagraph (A), if the

ozone design value for a Severe Area referred to in subparagraph

(A) is above 0.140 ppm for the year of the applicable attainment

date, or if the area has failed to achieve its most recent

milestone under section 7511a(g) of this title, the new source

review requirements applicable under this subpart in Extreme

Areas shall apply in the area and the term (!1) "major source"

and "major stationary source" shall have the same meaning as in

Extreme Areas.

(C) In addition to the requirements of subparagraph (A) for

those areas referred to in subparagraph (A) and not covered by

subparagraph (B), the provisions referred to in subparagraph (B)

shall apply after 3 years from the applicable attainment date

unless the area has attained the standard by the end of such

3-year period.

(D) If, after November 15, 1990, the Administrator modifies the

method of determining compliance with the national primary

ambient air quality standard, a design value or other indicator

comparable to 0.140 in terms of its relationship to the standard

shall be used in lieu of 0.140 for purposes of applying the

provisions of subparagraphs (B) and (C).

(c) References to terms

(1) Any reference in this subpart to a "Marginal Area", a

"Moderate Area", a "Serious Area", a "Severe Area", or an "Extreme

Area" shall be considered a reference to a Marginal Area, a

Moderate Area, a Serious Area, a Severe Area, or an Extreme Area as

respectively classified under this section.

(2) Any reference in this subpart to "next higher classification"

or comparable terms shall be considered a reference to the

classification related to the next higher set of design values in

table 1.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 181, as added Pub. L.

101-549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2423.)

-MISC1-

EXEMPTIONS FOR STRIPPER WELLS

Section 819 of Pub. L. 101-549 provided that: "Notwithstanding

any other provision of law, the amendments to the Clean Air Act

made by section 103 of the Clean Air Act Amendments of 1990

[enacting this section and sections 7511a to 7511f of this title]

(relating to additional provisions for ozone nonattainment areas),

by section 104 of such amendments [enacting sections 7512 and 7512a

of this title] (relating to additional provisions for carbon

monoxide nonattainment areas), by section 105 of such amendments

[enacting sections 7513 to 7513b of this title and amending section

7476 of this title] (relating to additional provisions for PM-10

nonattainment areas), and by section 106 of such amendments

[enacting sections 7514 and 7514a of this title] (relating to

additional provisions for areas designated as nonattainment for

sulfur oxides, nitrogen dioxide, and lead) shall not apply with

respect to the production of and equipment used in the exploration,

production, development, storage or processing of -

"(1) oil from a stripper well property, within the meaning of

the June 1979 energy regulations (within the meaning of section

4996(b)(7) of the Internal Revenue Code of 1986 [26 U.S.C.

4996(b)(7)], as in effect before the repeal of such section); and

"(2) stripper well natural gas, as defined in section 108(b) of

the Natural Gas Policy Act of 1978 (15 U.S.C. 3318(b)).[,]

except to the extent that provisions of such amendments cover areas

designated as Serious pursuant to part D of title I of the Clean

Air Act [this part] and having a population of 350,000 or more, or

areas designated as Severe or Extreme pursuant to such part D."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7509a, 7511a, 7511b,

7511d, 7521, 7545, 7607 of this title; title 23 section 149.

-FOOTNOTE-

(!1) So in original. Probably should be "terms".

-End-

-CITE-

42 USC Sec. 7511a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

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

-HEAD-

Sec. 7511a. Plan submissions and requirements

-STATUTE-

(a) Marginal Areas

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.

(1) Inventory

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.

(2) Corrections to the State implementation plan

Within the periods prescribed in this paragraph, the State

shall submit a revision to the State implementation plan that

meets the following requirements -

(A) Reasonably available control technology corrections

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.

(B) Savings clause for vehicle inspection and maintenance

(i) 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.

(ii) 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.

(C) Permit programs

Within 2 years after November 15, 1990, the State shall

submit a revision that includes each of the following:

(i) 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.

(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 (as in effect

immediately before November 15, 1990), as interpreted in

regulations of the Administrator 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) until the area is

redesignated to attainment, the State shall submit a revised

inventory meeting the requirements of subsection (a)(1) of this

section.

(B) Emissions statements

(i) 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.

(ii) 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.

(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 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.

(b) Moderate 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.

(1) Plan provisions for reasonable further progress

(A) General rule

(i) 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.

(ii) 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 -

(I) new source review provisions are applicable in the

nonattainment areas in the same manner and to the same extent

as required under subsection (e) of this section 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);

(II) reasonably available control technology is required

for all existing major sources (as defined in subclause (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

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.

(B) Baseline emissions

For purposes of subparagraph (A), the term "baseline

emissions" means the total amount of actual VOC or NOG5x

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).

(C) General rule for creditability of reductions

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 of this chapter.

(D) Limits on creditability of reductions

Emission reductions from the following measures are not

creditable toward the 15 percent reductions required under

subparagraph (A):

(i) Any measure relating to motor vehicle exhaust or

evaporative emissions promulgated by the Administrator by

January 1, 1990.

(ii) 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.

(iii) Measures required under subsection (a)(2)(A) of this

section (concerning corrections to implementation plans

prescribed under guidance by the Administrator).

(iv) Measures required under subsection (a)(2)(B) of this

section to be submitted immediately after November 15, 1990

(concerning corrections to motor vehicle inspection and

maintenance programs).

(2) Reasonably available control technology

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:

(A) 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.

(B) All VOC sources in the area covered by any CTG issued

before November 15, 1990.

(C) 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.

(3) Gasoline vapor recovery

(A) General rule

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).

(B) Effective date

The date required under subparagraph (A) shall be -

(i) 6 months after the adoption date, in the case of

gasoline dispensing facilities for which construction

commenced 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) and clause (ii) shall meet the requirements of clause (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 of requirements for the installation and

operation of a system for gasoline vapor recovery of emissions

from the fueling of motor vehicles.

(4) Motor vehicle inspection and maintenance

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) of this section (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).

(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 emissions of such air

pollutant shall be at least 1.15 to 1.

(c) Serious Areas

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) of this section (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.

(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 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.

(2) Attainment and reasonable further progress demonstrations

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) 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, in

the Administrator's discretion, to be at least as effective.

(B) Reasonable further progress demonstration

A demonstration that the plan, as revised, will result in VOC

emissions reductions from the baseline emissions described in

subsection (b)(1)(B) of this section 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 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) of this section

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) of this section

(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) of this

section, that exceed the 15-percent amount of reductions

required under subsection (b)(1)(A) of this section.

(C) NOG5x control

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)

of this section), 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 NOG5x 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.

(3) Enhanced vehicle inspection and maintenance program

(A) Requirement for submission

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 NOG5x 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.

(B) Effective date of State programs; guidance

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 -

(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 subject to standards under section

7521 of this title; and

(ii) 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.

(C) State program

The State program required under subparagraph (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 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 on the basis of the Consumer Price Index in the

same manner as provided in subchapter V of this chapter).

(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 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 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.

(vi) 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.

(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 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.

(4) Clean-fuel vehicle programs

(A) 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 of this chapter

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 of this

chapter, including all measures necessary to make the use of

clean alternative fuels in clean-fuel vehicles (as defined in

part C of subchapter II of this chapter) 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 of this chapter.

(B) 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 of this chapter, 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 of this chapter, 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.

(C) 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 of this chapter.

(5) Transportation control

(A) (!3) 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.

(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 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.

(7) Special rule for modifications of sources emitting less than

100 tons

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.

(8) Special rule for modifications of sources emitting 100 tons

or more

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.

(9) Contingency provisions

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.

(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 shall be at least 1.2 to 1.

Any reference to "attainment date" in subsection (b) of this

section, which is incorporated by reference into this subsection,

shall refer to the attainment date for serious areas.

(d) Severe 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) of this section (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.

(1) Vehicle miles traveled

(A) 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 (!4)

(b)(2)(B) and (c)(2)(B) of this section (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.

(B) 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.

(2) Offset requirement

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.

(3) Enforcement under section 7511d

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) of this section, which is incorporated by reference into this

subsection (d), shall refer to the attainment date for Severe

Areas.

(e) Extreme 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) of this section (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)

of this section (relating to reductions of less than 3 percent),

the provisions of paragaphs (!5) (6), (7) and (8) of subsection (c)

of this section (relating to de minimus rule and modification of

sources), and the provisions of clause (ii) of subsection (b)(1)(A)

of this section (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 (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.

(1) Offset requirement

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.

(2) Modifications

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.

(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, 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 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 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

-

(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 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) of this section 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) of this section, 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) of this section.

Any reference to the term "attainment date" in subsection (b), (c),

or (d) of this section which is incorporated by reference into this

subsection, shall refer to the attainment date for Extreme Areas.

(f) NOG5x requirements

(1) 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 -

(A) 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

(B) 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.

(2)(A) If the Administrator determines that excess reductions in

emissions of NOG5x 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.

(B) For purposes of this paragraph, excess reductions in

emissions of NOG5x 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 NOG5x are, for -

(i) 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

(ii) nonattainment areas within such ozone transport region,

emission reductions that the Administrator 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 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.

(g) Milestones

(1) Reductions in emissions

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) of this section and the corresponding

requirements of subsections (c)(2)(B) and (C), (d), and (e) of

this section. Such reduction shall be referred to in this section

as an applicable milestone.

(2) Compliance demonstration

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.

(3) Serious and Severe Areas; State election

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 -

(A) to have the area reclassified to the next higher

classification,

(B) to implement specific additional measures adequate, as

determined by the Administrator, 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).

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.

(4) Economic incentive program

(A) 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.

(B) 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:

(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 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 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 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.

(h) Rural transport areas

(1) 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).

(2) 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, NOG5x)

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 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.

(j) Multi-State ozone nonattainment areas

(1) Coordination among States

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 -

(A) take all reasonable steps to coordinate, substantively

and procedurally, the revisions and implementation of State

implementation plans applicable to the nonattainment area

concerned; and

(B) 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.

(2) Failure to demonstrate attainment

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-

(July 14, 1955, ch. 360, title I, Sec. 182, as added Pub. L.

101-549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2426; amended

Pub. L. 104-70, Sec. 1, Dec. 23, 1995, 109 Stat. 773.)

-REFTEXT-

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, as amended.

Title III of the Act is classified generally to subchapter III

(Sec. 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.

-MISC1-

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."

MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS

Pub. L. 104-59, title III, Sec. 348, Nov. 28, 1995, 109 Stat.

617, provided that:

"(a) 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.

"(b) 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.

"(c) Emissions Reduction Credits. -

"(1) 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.

"(2) 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.

"(3) 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.].

"(4) 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7504, 7506, 7511, 7511c,

7511d, 7512a, 7521 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subparagraph".

(!2) So in original. Probably should be section "7625".

(!3) So in original. No subpar. (B) has been enacted.

(!4) So in original. Probably should be "subsections".

(!5) So in original. Probably should be "paragraphs".

-End-