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(continued)
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 Adminis-
trator 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 NOx emissions from all anthropogenic
sources in the area during the calendar year of the enact-
ment of the Clean Air Act Amendments of 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 the date of the enactment of
the Clean Air Act Amendments of 1990, from the implementa-
tion of measures required under the applicable implementa-
tion plan, rules promulgated by the Administrator, or a
permit under title V.
(D) Limits on creditability of reductions.- Emission
reductions from the following measures are not creditable
toward the 15 percent reductions required under subpara-
graph (A):
(i) Any measure relating to motor vehicle exhaust
or evaporative emissions promulgated by the Adminis-
trator by January 1, 1990.
(ii) Regulations concerning Reid Vapor Pressure
promulgated by the Administrator by the date of the
enactment of the Clean Air Act Amendments of 1990 or
required to be promulgated under section 211(h).
(iii) Measures required under subsection (a)(2)(A)
(concerning corrections to implementation plans pre-
scribed under guidance by the Administrator).
(iv) Measures required under subsection (a)(2)(B)
to be submitted immediately after the date of the
enactment of the Clean Air Act Amendments of 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
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reasonably available control technology under section 172(c)(1)
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 the date of
the enactment of the Clean Air Act Amendments of 1990 and
the date of attainment.
(B) All VOC sources in the area covered by any CTG issued
before the date of the enactment of the Clean Air Act Amend-
ments of 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 the date of the enactment of the Clean Air Act
Amendments of 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 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 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 325).
(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 com-
menced after the date of the enactment of the Clean Air
Act Amendments of 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.
175
(4) Motor vehicle inspection and maintenance.- For all
Moderate Areas, the State shall submit, immediately after the
date of the enactment of the Clean Air Act Amendments of 1990,
a revision to the applicable implementation plan that includes
provisions necessary to provide for a vehicle inspection and
maintenance program as described in subsection (a)(2)(B)
(without regard to whether or not the area was required by
section 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 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) (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 302) 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 comprehen-
sive and representative data on ozone air pollution, not later
than 18 months after the date of the enactment of the Clean Air
Act Amendments of 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 monitor-
ing 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 demonstra-
tions.- Within 4 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 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
176
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 demon-
stration that the plan, as revised, will result in VOC
emissions reductions from the baseline emissions described
in subsection (b)(1)(B) equal to the following amount
averaged over each consecutive 3-year period beginning 6
years after the date of the enactment of the Clean Air Act
Amendments of 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 re-
flecting 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 Adminis-
trator 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 classi-
fication. Any determination to lessen the 3 percent require-
ment shall be reviewed at each milestone under section
182(g) and revised to reflect such new measures (if any)
achieved in practice by sources in the same category in any
State, allowing a reasonable time to implement such
measures. The emission reductions described in this subpara-
graph shall be calculated in accordance with subsection
(b)(1) (C) and (D) (concerning creditability of reductions).
The reductions creditable for the period beginning 6 years
after the date of the enactment of the Clean Air Act
Amendments of 1990, shall include reductions that occurred
before such period, computed in accordance with subsection
(b)(1), that exceed the 15-percent amount of reductions
required under subsection (b)(1)(A).
(C) NOx control.- The revision may contain, in lieu of the
demonstration required under subparagraph (B), a demonstra-
tion to the satisfaction of the Administrator that the
applicable implementation plan, as revised, provides for
reductions of emissions of VOC's and oxides of nitrogen
(calculated according to the creditability provisions of
subsection (b)(1) (C) and (D)), that would result in a
reduction in ozone concentrations at least equivalent to
that which would result from the amount of VOC emission
reductions required under subparagraph (B). Within 1 year
after the date of the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall issue guidance
concerning the conditions under which NOx control may be
substituted for VOC control or may be combined with VOC
control in order to maximize the reduction in ozone air
pollution. In accord with such guidance, a lesser percentage
of VOCs may be accepted as an adequate demonstration for
purposes of this subsection.
177
(3) Enhanced vehicle inspection and maintenance program.-
(A) Requirement for submission.- 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 applicable
implementation plan to provide for an enhanced program to
reduce hydrocarbon emissions and NOx emissions from in-use
motor vehicles registered in each urbanized area (in the
nonattainment area), as defined by the Bureau of the Census,
with a 1980 population of 200,000 or more.
(B) Effective date of state programs; guidance.- The State
program required under subparagraph (A) shall take effect no
later than 2 years from the date of the enactment of the
Clean Air Act Amendments of 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 202; 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 207(b) unless a warranty remedy has been denied in
writing, or for tampering-related repairs.
(iii) In view of the air quality purpose of the
program, if, for any vehicle, waivers are permitted for
emissionsrelated 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 title V).
(iv) Enforcement through denial of vehicle registration
(except for any program in operation before the date of
the enactment of the Clean Air Act Amendments of 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
178
the satisfaction of the Administrator that a biennial
inspection, in combination with other features of the
program which exceed the requirements of this Act, 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 Adminis-
trator 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 the date of the
enactment of the Clean Air Act Amendments of 1990, a revision
to the applicable implementation plan for each area described
under part C of title II to include such measures as may be
necessary to ensure the effectiveness of the applicable
provisions of the clean-fuel vehicle program prescribed under
part C of title II, including all measures necessary to make
the use of clean alternative fuels in clean-fuel vehicles (as
defined in part C of title II) economic from the standpoint of
vehicle owners. Such a revision shall also be submitted for
each area that opts into the clean fuel-vehicle program as
provided in part C of title II.
(B) The Administrator shall approve, as a substitute for all
or a portion of the clean-fuel vehicle program prescribed under
part C of title II, any revision to the relevant applicable
implementation plan that in the Administrator's judgment will
achieve long- term reductions in ozone-producing and toxic air
emissions equal to those achieved under part C of title II, or
the percentage thereof attributable to the portion of the
clean-fuel vehicle pro-gram for which the revision is to
substitute. The Administrator may approve such revision only if
it consists exclusively of pro-visions other than those
required under this Act for the area. Any State seeking
approval of such revision must submit the revision to the
Administrator within 24 months of the date of the enactment of
the Clean Air Act Amendments of 1990. TheAdministrator shall
approve or disapprove any such revision within 30 months of the
date of the enactment of the Clean Air Act Amendments of 1990.
179
he 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 of the United States Code (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 179, 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 179, 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 title II.
(5) Transportation control.- (A) Beginning 6 years after the
date of the enactment of the Clean Air Act Amendments of 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 108(f) 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 108(e) and with the
requirements of section 174(b) and shall include implementation
and funding schedules that achieve expeditious emissions reduc-
tions 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 Act 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
180
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 111(a)(4)) at that source
results in any increase (other than a de minimis increase) in
emissions of volatile organic compounds from any discrete
operation, unit, or other pollutant emitting activity at the
source, such increase shall be considered a modification for
purposes of section 172(c)(5) and section 173(a), 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
173(a)(2) in the case of any such modification, the best
available control technology (BACT), as defined in section 169,
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 para-
graph.
(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 111(a)(4)) at that source results in any increase
(other than a de minimis increase) in emissions of volatile
organic compounds from any discrete operation, unit, or other
pollutant emitting activity at the source, such increase shall
be considered a modification for purposes of section 172(c)(5)
and section 173(a), 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
173(a)(2) (concerning the lowest achievable emission rate
(LAER)) shall not apply.
(9) Contingency provisions.-In addition to the contingency
provisions required under section 172(c)(9), the plan revision
shall provide for the implementation of specific measures to be
undertaken if the area fails to meet any applicable milestone.
Such measures shall be included in the plan revision as
contingency measures to take effect without further action by
the State or the Administrator upon a failure by the State to
meet the applicable milestone.
(10) General offset requirement.- For purposes of satisfy-
ing the emission offset requirements of this part, the ratio of
total emission reductions of volatile organic compounds to
181
total increase emissions of such air pollutant shall be at
least 1.2 to 1.
Any reference to "attainment date" in subsection (b), which is
incorporated by reference into this subsection, shall refer to
the attainment date for serious areas.
(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) (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 302) 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 the
date of enactment of the Clean Air Act Amendments of 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 (b)(2)(B) and (c)(2)(B)
(pertaining to periodic emissions reduction requirements). The
State shall consider measures specified in section 108(f), and
choose from among and implement such measures as necessary to
demonstrate attainment with the national ambient air quality
standards; in considering such measures, the State 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) Within 2 years after the date of enactment of the Clean
Air Act Amendments of 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 108(f)
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
182
shall convincingly demonstrate compliance with the requirements
of this paragraph not later than 4 years after such date.
(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 169(3)) for the control of volatile organic
compounds, the ratio shall be at least 1.2 to 1.
(3) Enforcement under section 185.- By December 31, 2000,
the State shall submit a plan revision which includes the
provisions required under section 185.
Any reference to the term "attainment date" in subsection (b) or
(c), which is incorporated by reference into this subsection (d),
shall refer to the attainment date for Severe Areas.
(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) (relating to
Severe Areas), and shall also submit the revisions to the
applicable implementation plan (including the plan items)
described under this subsection. The provisions of clause (ii) of
subsection (c)(2)(B) (relating to reductions of less than 3
percent), the provisions of paragaphs (6), (7) and (8) of
subsection (c) (relating to de minimus rule and modification of
sources), and the provisions of clause (ii) of subsection
(b)(1)(A) (relating to reductions of less than 15 percent) shall
not apply in the case of an Extreme Area. For any Extreme Area,
the terms "major source" and "major stationary source" includes
(in addition to the sources described in section 302) 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 169(3)) for the control of volatile organic
compounds, the ratio shall be at least 1.2 to 1.
(2) Modifications.- Any change (as described in section
111(a)(4)) 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 172(c)(5) and
section 173(a), except that for purposes of complying with the
offset requirement pursuant to section 173(a)(1), 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
183
modification consists of installation of equipment required to
comply with the applicable implementation plan, permit, or this
Act.
(3) Use of clean fuels or advanced control technology.- For
Extreme Areas, a plan revision shall be submitted within 3
years after the date of the enactment of the Clean Air Act
Amendments of 1990 to require, effective 8 years after such
date, 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).
(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 110, 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 the date of the enactment of the Clean Air Act
Amendments of 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 Administra-
tor no later than 3 years before proposed implementation of the
plan provisions and approved or disapproved by the
Administrator in accordance with section 110. he contingency
measures shall be ade-quate to produce emission reductions
sufficient, in conjunction with other approved plan provisions,
to achieve the periodic emis-sion reductions required by
subsection (b)(1) or (c)(2) and at-tainment by the applicable
dates. If the Administrator determines that an Extreme Area has
failed to achieve an emission reduction requirement set forth
in subsection (b)(1) or (c)(2), and that such failure is due in
whole or part to an inability to fully implement provisions
approved pursuant to
184
this subsection, the Administrator shall require the State to
implement the contingency measures to the extent necessary to
assure compliance with subsections (b)(1) and (c)(2).
Any reference to the term "attainment date" in subsection (b),
(c), or (d) which is incorporated by reference into this subsec-
tion, shall refer to the attainment date for Extreme Areas.
(f) NOx 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 302 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 184 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 Administra-
tor 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 185B.
(2)(A) If the Administrator determines that excess
reductions in emissions of NOx would be achieved under
paragraph (1), the Administrator may limit the application of
paragraph (1) to the extent necessary to avoid achieving such
excess reductions.
(B) For purposes of this paragraph, excess reductions in
emissions of NOx are emission reductions for which the Adminis-
trator determines that net air quality benefits are greater in
the absence of such reductions. Alternatively, for purposes of
this paragraph, excess reductions in emissions of NOx are, for-
(i) nonattainment areas not within an ozone transport
region under section 184, 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 185B 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 184. The Administrator shall grant or deny suchpetition
within 6 months after its filing with the Administrator.
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(g) Milestones.-
(1) Reductions in emissions.- 6 years after the date of the
enactment of the Clean Air Amendments of 1990 and at intervals
of every 3 years thereafter, the State shall determine whether
each nonattainment area (other than an area classified as
Marginal or Moderate) has achieved a reduction in emissions
during the preceding intervals equivalent to the total emission
reductions required to be achieved by the end of such interval
pursuant to subsection (b)(1) and the corresponding
requirements of subsections (c)(2) (B) and (C), (d), and (e).
Such reduction shall be referred to in this section as an
applicable milestone.
(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 demon-
stration 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 Administra-
tor 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 Adminis-
trator.
(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 applica-
ble 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
Admi-nistrator 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
186
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 require-
ments to reduce vehicle emissions and vehicle miles traveled in
the area, including any of the transportation control measures
identified in section 108(f).
(B) Within 2 years after the date of the enactment of the
Clean Air Act Amendments of 1990, the Administrator shall
publish rules for the programs to be adopted pursuant to
subparagraph (A). Such rules shall include model plan provi-
sions 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 reduc-
tions.
(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 Act. 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 demonstra-
tion 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 181 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
187
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 require-
ments 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, NOx )
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 nonat-
tainment area reclassified under section 181(b)(2) 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, substan-
tively and procedurally, the revisions and implementa-
tion 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 non-
attainment area fails to provide a demonstration of attain-
ment of the national ambient air quality standard for ozone
in that portion within the required period, the Statemay (continued)