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(continued)
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 107(d), 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).
(c) Nonattainment Requirements Applicable Pending Plan Approv-
al.- 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 implementa-
tion 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 Administra-
tor, in the Administrator's discretion, requires the State to
submit a revised State implementation plan.
[42 U.S.C. 7505a]
LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE
Sec. 176. [Subsections (a) and (b), repealed by P.L. 10109549,
sec.110(4), 104 Stat. 2470.]
(c)(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 110. No
metropolitan planning organization designated under section 134
oftitle 23, United States Code, shall give its approval to any
project, program, or plan which does not conform to an
implementation plan approved or promulgated under section 110.
The assurance of conformity to such animplementation plan shall
be an affirmative responsibility of the head of such department,
159
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, United States Code, or the Urban Mass Transportation
Act shall implement the transportation provisions of any
applicable implementation plan approved under this Act 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 Act. In particular-
(A) no transportation plan or transportation improvement
program may be adopted by a metropolitan planning organiza-
tion designated under title 23, United States Code, or the
Urban Mass Transportation Act, 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 recipi-
ent of funds under title 23, United States Code, or the
Urban Mass Transportation Act 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, United States Code, or the
Urban Mass Transportation Act, 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-
160
(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 projec-
tions 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 182(b)(1) and
187(a)(7); and
(B) the transportation projects-
(i) come from a conforming transportation plan and
program as defined in subparagraph (A) or for 12 months
after the date of the enactment of the Clean Air Act
Amendments of 1990, from a transportation program found
to conform within 3 years prior to such date of enact-
ment; 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 the date of enactment of
the Clean Air Act Amendments of 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 such date of enactment, the Administrator, with the
concurrence of the Secretary of Transportation, shall promulgate
161
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 304 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 such date of enactment, 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) 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 the Urban Mass
Transportation Act, title 23 of the United States Code, and the
Housing and Urban Development Act.
[42 U.S.C. 7506]
SEC. 176A. INTERSTATE TRANSPORT COMMISSIONS.
(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), 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
162
(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), 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 Adminis-
trator 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 110(a)(2)(D). 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) may request the Administrator to issue a
finding under section 110(k)(5) that the implementation plan for
one or more of the States in the transport region is
substantially inadequate to meet the requirements of section
110(a)(2)(D). 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 110(k)(5)
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 307(b).
[42 U.S.C. 7506a]
163
NEW MOTOR VEHICLE EMISSION STANDARDS IN NONATTAINMENT AREAS
Sec. 177. Notwithstanding section 209(a), any State which has
planprovisions 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 209(a) 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 title II of this Act 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".
[42 U.S.C. 7507]
GUIDANCE DOCUMENTS
Sec. 178. The Administrator shall issue guidance documents
under section 108 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 the date of enactment of this part
and shall be revised at least every two years thereafter.
[42 U.S.C. 7508]
SEC. 179. SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN.
(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
110(k)(5)), if the Administrator-
(1) finds that a State has failed, for an area designated
nonattainment under section 107(d), to submit a plan, or to
submit 1 or more of the elements (as determined by the
Administrator) required by the provisions of this Act
applicable to such an area, or has failed to make a submis-
sion for such an area that satisfies the minimum criteria
established in relation to any such element under section
110(k),
(2) disapproves a submission under section 110(k), for an
area designated nonattainment under section 107, based on
the submission's failure to meet one or more of the elements
required by the provisions of this Act applicable to such an
area,
(3)(A) determines that a State has failed to make any sub-
mission as may be required under this Act, other than one
described under paragraph (1) or (2), including an adequate
maintenance plan, or has failed to make any submission, as
164
may be required under this Act, other than one described
under paragraph (1) or (2), that satisfies the minimum
criteria established in relation to such submission under
section 110(k)(1)(A), 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) 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) 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) 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 105.
(b) Sanctions.- The sanctions available to the Administrator as
provided in subsection (a) 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, United States Code, 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 facili-
ties 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
165
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 manage-
ment, 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 173 to new or modified sources or emissions units for
which a permit is required under part D, 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 nonat-
tainment 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) (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 110 and section 172. In addition, the
revision shall include suchadditional measures as the Administra-
tor 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 provi-
sions of section 172(a)(2), except that in applying such provi-
sions the phrase "from the date of the notice under section
179(c)(2)" shall be substituted for the phrase "from the date
such area was designated nonattainment under section 107(d)" and
for the phrase "from the date of designation as nonattainment".
[42 U.S.C. 7509]
SEC. 179B. INTERNATIONAL BORDER AREAS.
166
(a) Implementation Plans and Revisions.- Notwithstanding any
other provision of law, an implementation plan or plan revision
required under this Act shall be approved by the Administrator
if-
(1) such plan or revision meets all the requirements
applicable to it under the Act 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 Act, 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 Act,
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 attain-
ment date, but for emissions emanating from outside of the United
States, shall not be subject to the provisions of section
181(a)(2) or (5) or section 185.
(c) Attainment of Carbon Monoxide Levels.- Notwithstanding any
other provision of law, any State that establishes to the satis-
faction 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
out-
side of the United States, shall not be subject to the provisions
of section 186(b)(2) or (9).
(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 applica-
ble attainment date, but for emissions emanating from outside the
Uni-ted States, shall not be subject to the provisions of section
188(b)(2).
[42 U.S.C. 7509a]
SUBPART 2-ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS
Sec. 181. Classifications and attainment dates.
Sec. 182. Plan submissions and requirements.
Sec. 183. Federal ozone measures.
Sec. 184. Control of interstate ozone air pollution.
Sec. 185. Enforcement for Severe and Extreme ozone nonattainment
areas forfailure to attain.
Sec. 185A. Transitional areas.
Sec. 185B. NOX and VOC study.
SEC. 181. CLASSIFICATIONS AND ATTAINMENT DATES.
167
(a) Classification and Attainment Dates for 1989 Nonattainment
Areas.- (1) Each area designated nonattainment for ozone pursuant
to section 107(d) 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 the
date of the enactment of the Clean Air Act Amendments of 1990.
For each area classified under thissubsection, 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
enactment
Moderate . . . . . 0.138 up to 0.160 . 6 years after
enactment
Serious . . . . . . 0.160 up to 0.180 . 9 years after
enactment
Severe . . . . . . 0.180 up to 0.280 . 15 years after
enactment
Extreme . . . . . . 0.280 and above . . 20 years after
enactment
* The design value is measured in parts per million (ppm).
** The primary standard attainment date is measured from the
date of the enactment of the Clean Air Amendments of 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 the
date of the enactment of the Clean Air Amendments of 1990.
(3) At the time of publication of the notice under section
107(d)(4) (relating to area designations) for each ozone nonat-
tainment area, the Administrator shall publish a notice
announcing the classification of such ozone nonattainment area.
The provisions of section 172(a)(1)(B) (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,
168
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 imple-
mentation 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 107(d)(4), and that is subsequently redesignated to
nonattainment for ozone under section 107(d)(3), shall, at
the time of the redesignation, be classified by operation of
law in accordance with table 1 under subsection (a). Upon
its classification, the area shall be subject to the same
requirements under section 110, 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), 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 the date of the enactment of the Clean Air Act
Amendments of 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) 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
169
(a) 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 185 shall apply within the area,
the percent reduction requirements of section 182(c)(2)(B)
and (C) (relating to reasonable further progress
demonstration and NOx 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 182(g), the
new source review requirements applicable under this subpart
in Extreme Areas shall apply in the area and the term "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 the date of the enactment of the Clean Air
Act Amendments of 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 classifica-
tion" or comparable terms shall be considered a reference to the
classification related to the next higher set of design values in
table 1.
[42 U.S.C. 7511]
SEC. 182. PLAN SUBMISSIONS AND REQUIREMENTS.
(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 submis-
170
sions as of the date of the enactment of the Clean Air Act
Amendments of 1990.
(1) Inventory.- Within 2 years after the date of the enact-
ment of the Clean Air Act Amendments of 1990, the State shall
submit a comprehensive, accurate, current inventory of actual
emissions from all sources, as described in section 172(c)(3),
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 181(a),
a revision that includes such provisions to correct require-
ments in (or add requirements to) the plan concerning
reasonably available control technology as were required
under section 172(b) (as in effect immediately before the
date of the enactment of the Clean Air Act Amendments of
1990), as interpreted in guidance issued by the
Administrator under section 108 before the date of the
enactment of the Clean Air Act Amendments of 1990.
(B) Savings clause for vehicle inspection and mainte-
nance.- (i) For any Marginal Area (or, within the Adminis-
trator's discretion, portion thereof), the plan for which
already includes, or was required by section 172(b)(11)(B)
(as in effect immediately before the date of the enactment
of the Clean Air Act Amendments of 1990) to have included, a
specific schedule for implementation of a vehicle emission
control inspection and maintenance program, the State shall
submit, immediately after the date of the enactment of the
Clean Air Act Amendments of 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 9509294,
95th Congress, 1st Session, 28109291 (1977) as interpreted
in guidance of the Administrator issued pursuant to section
172(b)(11)(B) (as in effect immediately before the date of
the enactment of the Clean Air Act Amendments of 1990) or
the program already included in the plan, whichever is more
stringent.
(ii) Within 12 months after the date of the enactment of
the Clean Air Act Amendments of 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 Act,
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
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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 202(m)(3) (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 the date of the
enactment of the Clean Air Act Amendments of 1990, the State
shall submit a revision that includes each of the following:
(i) Provisions to require permits, in accordance with
sections 172(c)(5) and 173, 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 172(b)(6) (as in effect
immediately before the date of the enactment of the Clean
Air Act Amendments of 1990), as interpreted in regulations
of the Administrator promulgated as of the date of the
enactment of the Clean Air Act Amendments of 1990.
(3) Periodic inventory.-
(A) General requirement.- No later than the end of each
3-year period after submission of the inventory under para-
graph (1) until the area is redesignated to attainment, the
State shall submit a revised inventory meeting the require-
ments of subsection (a)(1).
(B) Emissions statements.- (i) Within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, the State shall submit a revision to the State imple-
mentation 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 catego-
ries 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 the date of the enactment of the Clean Air Act
Amendments of 1990. Subsequent statements shallbe 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 individu-
al certifying the statement.
(ii) The State may waive the application of clause (i) to
any class or category of stationary sources which emit less
172
than 25 tons per year of volatile organic compounds or
oxides of nitrogen if the State, in its submissions under
subparagraphs (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 Adminis-
trator 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
172(c)(9) (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)
(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 the
date of the enactment of the Clean Air Act Amendments of
1990, the State shall submit a revision to the applicable
implementation plan to provide for volatile organic compound
emission reductions, within 6 years after the date of the
enactment of the Clean Air Act Amendments of 1990, of at
least 15 percent from baseline emissions, accounting for any
growth in emissions after the year in which the Clean Air
Act Amendments of 1990 are enacted. 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 Act. This
subparagraph shall not apply in the case of oxides of
nitrogen for those areas for which the Administrator deter-
mines (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 demon-
strates 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) 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 302) any stationary
173
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 (continued)