§ 7410. — State implementation plans for national primary and secondary ambient air quality standards.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC7410]
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
Sec. 7410. State implementation plans for national primary and
secondary ambient air quality standards
(a) Adoption of plan by State; submission to Administrator; content of
plan; revision; new sources; indirect source review program;
supplemental or intermittent control systems
(1) Each State shall, after reasonable notice and public hearings,
adopt and submit to the Administrator, within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision thereof)
under section 7409 of this title for any air pollutant, a plan which
provides for implementation, maintenance, and enforcement of such
primary standard in each air quality control region (or portion thereof)
within such State. In addition, such State shall adopt and submit to the
Administrator (either as a part of a plan submitted under the preceding
sentence or separately) within 3 years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
ambient air quality secondary standard (or revision thereof), a plan
which provides for implementation, maintenance, and enforcement of such
secondary standard in each air quality control region (or portion
thereof) within such State. Unless a separate public hearing is
provided, each State shall consider its plan implementing such secondary
standard at the hearing required by the first sentence of this
paragraph.
(2) Each implementation plan submitted by a State under this chapter
shall be adopted by the State after reasonable notice and public
hearing. Each such plan shall--
(A) include enforceable emission limitations and other control
measures, means, or techniques (including economic incentives such
as fees, marketable permits, and auctions of emissions rights), as
well as schedules and timetables for compliance, as may be necessary
or appropriate to meet the applicable requirements of this chapter;
(B) provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to--
(i) monitor, compile, and analyze data on ambient air
quality, and
(ii) upon request, make such data available to the
Administrator;
(C) include a program to provide for the enforcement of the
measures described in subparagraph (A), and regulation of the
modification and construction of any stationary source within the
areas covered by the plan as necessary to assure that national
ambient air quality standards are achieved, including a permit
program as required in parts C and D of this subchapter;
(D) contain adequate provisions--
(i) prohibiting, consistent with the provisions of this
subchapter, any source or other type of emissions activity
within the State from emitting any air pollutant in amounts
which will--
(I) contribute significantly to nonattainment in, or
interfere with maintenance by, any other State with respect
to any such national primary or secondary ambient air
quality standard, or
(II) interfere with measures required to be included in
the applicable implementation plan for any other State under
part C of this subchapter to prevent significant
deterioration of air quality or to protect visibility,
(ii) insuring compliance with the applicable requirements of
sections 7426 and 7415 of this title (relating to interstate and
international pollution abatement);
(E) provide (i) necessary assurances that the State (or, except
where the Administrator deems inappropriate, the general purpose
local government or governments, or a regional agency designated by
the State or general purpose local governments for such purpose)
will have adequate personnel, funding, and authority under State
(and, as appropriate, local) law to carry out such implementation
plan (and is not prohibited by any provision of Federal or State law
from carrying out such implementation plan or portion thereof), (ii)
requirements that the State comply with the requirements respecting
State boards under section 7428 of this title, and (iii) necessary
assurances that, where the State has relied on a local or regional
government, agency, or instrumentality for the implementation of any
plan provision, the State has responsibility for ensuring adequate
implementation of such plan provision;
(F) require, as may be prescribed by the Administrator--
(i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps, by
owners or operators of stationary sources to monitor emissions
from such sources,
(ii) periodic reports on the nature and amounts of emissions
and emissions-related data from such sources, and
(iii) correlation of such reports by the State agency with
any emission limitations or standards established pursuant to
this chapter, which reports shall be available at reasonable
times for public inspection;
(G) provide for authority comparable to that in section 7603 of
this title and adequate contingency plans to implement such
authority;
(H) provide for revision of such plan--
(i) from time to time as may be necessary to take account of
revisions of such national primary or secondary ambient air
quality standard or the availability of improved or more
expeditious methods of attaining such standard, and
(ii) except as provided in paragraph (3)(C), whenever the
Administrator finds on the basis of information available to the
Administrator that the plan is substantially inadequate to
attain the national ambient air quality standard which it
implements or to otherwise comply with any additional
requirements established under this chapter;
(I) in the case of a plan or plan revision for an area
designated as a nonattainment area, meet the applicable requirements
of part D of this subchapter (relating to nonattainment areas);
(J) meet the applicable requirements of section 7421 of this
title (relating to consultation), section 7427 of this title
(relating to public notification), and part C of this subchapter
(relating to prevention of significant deterioration of air quality
and visibility protection);
(K) provide for--
(i) the performance of such air quality modeling as the
Administrator may prescribe for the purpose of predicting the
effect on ambient air quality of any emissions of any air
pollutant for which the Administrator has established a national
ambient air quality standard, and
(ii) the submission, upon request, of data related to such
air quality modeling to the Administrator;
(L) require the owner or operator of each major stationary
source to pay to the permitting authority, as a condition of any
permit required under this chapter, a fee sufficient to cover--
(i) the reasonable costs of reviewing and acting upon any
application for such a permit, and
(ii) if the owner or operator receives a permit for such
source, the reasonable costs of implementing and enforcing the
terms and conditions of any such permit (not including any court
costs or other costs associated with any enforcement action),
until such fee requirement is superseded with respect to such
sources by the Administrator's approval of a fee program under
subchapter V of this chapter; and
(M) provide for consultation and participation by local
political subdivisions affected by the plan.
(3)(A) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(1), Nov. 15,
1990, 104 Stat. 2409.
(B) As soon as practicable, the Administrator shall, consistent with
the purposes of this chapter and the Energy Supply and Environmental
Coordination Act of 1974 [15 U.S.C. 791 et seq.], review each State's
applicable implementation plans and report to the State on whether such
plans can be revised in relation to fuel burning stationary sources (or
persons supplying fuel to such sources) without interfering with the
attainment and maintenance of any national ambient air quality standard
within the period permitted in this section. If the Administrator
determines that any such plan can be revised, he shall notify the State
that a plan revision may be submitted by the State. Any plan revision
which is submitted by the State shall, after public notice and
opportunity for public hearing, be approved by the Administrator if the
revision relates only to fuel burning stationary sources (or persons
supplying fuel to such sources), and the plan as revised complies with
paragraph (2) of this subsection. The Administrator shall approve or
disapprove any revision no later than three months after its submission.
(C) Neither the State, in the case of a plan (or portion thereof)
approved under this subsection, nor the Administrator, in the case of a
plan (or portion thereof) promulgated under subsection (c) of this
section, shall be required to revise an applicable implementation plan
because one or more exemptions under section 7418 of this title
(relating to Federal facilities), enforcement orders under section
7413(d) \1\ of this title, suspensions under subsection (f) or (g) of
this section (relating to temporary energy or economic authority),
orders under section 7419 of this title (relating to primary nonferrous
smelters), or extensions of compliance in decrees entered under section
7413(e) \1\ of this title (relating to iron- and steel-producing
operations) have been granted, if such plan would have met the
requirements of this section if no such exemptions, orders, or
extensions had been granted.
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(4) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(2), Nov. 15,
1990, 104 Stat. 2409.
(5)(A)(i) Any State may include in a State implementation plan, but
the Administrator may not require as a condition of approval of such
plan under this section, any indirect source review program. The
Administrator may approve and enforce, as part of an applicable
implementation plan, an indirect source review program which the State
chooses to adopt and submit as part of its plan.
(ii) Except as provided in subparagraph (B), no plan promulgated by
the Administrator shall include any indirect source review program for
any air quality control region, or portion thereof.
(iii) Any State may revise an applicable implementation plan
approved under this subsection to suspend or revoke any such program
included in such plan, provided that such plan meets the requirements of
this section.
(B) The Administrator shall have the authority to promulgate,
implement and enforce regulations under subsection (c) of this section
respecting indirect source review programs which apply only to federally
assisted highways, airports, and other major federally assisted indirect
sources and federally owned or operated indirect sources.
(C) For purposes of this paragraph, the term ``indirect source means
a facility, building, structure, installation, real property, road, or
highway which attracts, or may attract, mobile sources of pollution.
Such term includes parking lots, parking garages, and other facilities
subject to any measure for management of parking supply (within the
meaning of subsection (c)(2)(D)(ii) of this section), including
regulation of existing off-street parking but such term does not include
new or existing on-street parking. Direct emissions sources or
facilities at, within, or associated with, any indirect source shall not
be deemed indirect sources for the purpose of this paragraph.
(D) For purposes of this paragraph the term ``indirect source review
program'' means the facility-by-facility review of indirect sources of
air pollution, including such measures as are necessary to assure, or
assist in assuring, that a new or modified indirect source will not
attract mobile sources of air pollution, the emissions from which would
cause or contribute to air pollution concentrations--
(i) exceeding any national primary ambient air quality standard
for a mobile source-related air pollutant after the primary standard
attainment date, or
(ii) preventing maintenance of any such standard after such
date.
(E) For purposes of this paragraph and paragraph (2)(B), the term
``transportation control measure'' does not include any measure which is
an ``indirect source review program''.
(6) No State plan shall be treated as meeting the requirements of
this section unless such plan provides that in the case of any source
which uses a supplemental, or intermittent control system for purposes
of meeting the requirements of an order under section 7413(d) \1\ of
this title or section 7419 of this title (relating to primary nonferrous
smelter orders), the owner or operator of such source may not
temporarily reduce the pay of any employee by reason of the use of such
supplemental or intermittent or other dispersion dependent control
system.
(b) Extension of period for submission of plans
The Administrator may, wherever he determines necessary, extend the
period for submission of any plan or portion thereof which implements a
national secondary ambient air quality standard for a period not to
exceed 18 months from the date otherwise required for submission of such
plan.
(c) Preparation and publication by Administrator of proposed regulations
setting forth implementation plan; transportation regulations
study and report; parking surcharge; suspension authority; plan
implementation
(1) The Administrator shall promulgate a Federal implementation plan
at any time within 2 years after the Administrator--
(A) finds that a State has failed to make a required submission
or finds that the plan or plan revision submitted by the State does
not satisfy the minimum criteria established under subsection
(k)(1)(A) of this section, or
(B) disapproves a State implementation plan submission in whole
or in part,
unless the State corrects the deficiency, and the Administrator approves
the plan or plan revision, before the Administrator promulgates such
Federal implementation plan.
(2)(A) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(A), Nov.
15, 1990, 104 Stat. 2409.
(B) No parking surcharge regulation may be required by the
Administrator under paragraph (1) of this subsection as a part of an
applicable implementation plan. All parking surcharge regulations
previously required by the Administrator shall be void upon June 22,
1974. This subparagraph shall not prevent the Administrator from
approving parking surcharges if they are adopted and submitted by a
State as part of an applicable implementation plan. The Administrator
may not condition approval of any implementation plan submitted by a
State on such plan's including a parking surcharge regulation.
(C) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(B), Nov. 15,
1990, 104 Stat. 2409.
(D) For purposes of this paragraph--
(i) The term ``parking surcharge regulation'' means a regulation
imposing or requiring the imposition of any tax, surcharge, fee, or
other charge on parking spaces, or any other area used for the
temporary storage of motor vehicles.
(ii) The term ``management of parking supply'' shall include any
requirement providing that any new facility containing a given
number of parking spaces shall receive a permit or other prior
approval, issuance of which is to be conditioned on air quality
considerations.
(iii) The term ``preferential bus/carpool lane'' shall include
any requirement for the setting aside of one or more lanes of a
street or highway on a permanent or temporary basis for the
exclusive use of buses or carpools, or both.
(E) No standard, plan, or requirement, relating to management of
parking supply or preferential bus/carpool lanes shall be promulgated
after June 22, 1974, by the Administrator pursuant to this section,
unless such promulgation has been subjected to at least one public
hearing which has been held in the area affected and for which
reasonable notice has been given in such area. If substantial changes
are made following public hearings, one or more additional hearings
shall be held in such area after such notice.
(3) Upon application of the chief executive officer of any general
purpose unit of local government, if the Administrator determines that
such unit has adequate authority under State or local law, the
Administrator may delegate to such unit the authority to implement and
enforce within the jurisdiction of such unit any part of a plan
promulgated under this subsection. Nothing in this paragraph shall
prevent the Administrator from implementing or enforcing any applicable
provision of a plan promulgated under this subsection.
(4) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(C), Nov. 15,
1990, 104 Stat. 2409.
(5)(A) Any measure in an applicable implementation plan which
requires a toll or other charge for the use of a bridge located entirely
within one city shall be eliminated from such plan by the Administrator
upon application by the Governor of the State, which application shall
include a certification by the Governor that he will revise such plan in
accordance with subparagraph (B).
(B) In the case of any applicable implementation plan with respect
to which a measure has been eliminated under subparagraph (A), such plan
shall, not later than one year after August 7, 1977, be revised to
include comprehensive measures to:
(i) establish, expand, or improve public transportation measures
to meet basic transportation needs, as expeditiously as is
practicable; and
(ii) implement transportation control measures necessary to
attain and maintain national ambient air quality standards,
and such revised plan shall, for the purpose of implementing such
comprehensive public transportation measures, include requirements to
use (insofar as is necessary) Federal grants, State or local funds, or
any combination of such grants and funds as may be consistent with the
terms of the legislation providing such grants and funds. Such measures
shall, as a substitute for the tolls or charges eliminated under
subparagraph (A), provide for emissions reductions equivalent to the
reductions which may reasonably be expected to be achieved through the
use of the tolls or charges eliminated.
(C) Any revision of an implementation plan for purposes of meeting
the requirements of subparagraph (B) shall be submitted in coordination
with any plan revision required under part D of this subchapter.
(d), (e) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(4), (5), Nov.
15, 1990, 104 Stat. 2409
(f) National or regional energy emergencies; determination by President
(1) Upon application by the owner or operator of a fuel burning
stationary source, and after notice and opportunity for public hearing,
the Governor of the State in which such source is located may petition
the President to determine that a national or regional energy emergency
exists of such severity that--
(A) a temporary suspension of any part of the applicable
implementation plan or of any requirement under section 7651j of
this title (concerning excess emissions penalties or offsets) may be
necessary, and
(B) other means of responding to the energy emergency may be
inadequate.
Such determination shall not be delegable by the President to any other
person. If the President determines that a national or regional energy
emergency of such severity exists, a temporary emergency suspension of
any part of an applicable implementation plan or of any requirement
under section 7651j of this title (concerning excess emissions penalties
or offsets) adopted by the State may be issued by the Governor of any
State covered by the President's determination under the condition
specified in paragraph (2) and may take effect immediately.
(2) A temporary emergency suspension under this subsection shall be
issued to a source only if the Governor of such State finds that--
(A) there exists in the vicinity of such source a temporary
energy emergency involving high levels of unemployment or loss of
necessary energy supplies for residential dwellings; and
(B) such unemployment or loss can be totally or partially
alleviated by such emergency suspension.
Not more than one such suspension may be issued for any source on the
basis of the same set of circumstances or on the basis of the same
emergency.
(3) A temporary emergency suspension issued by a Governor under this
subsection shall remain in effect for a maximum of four months or such
lesser period as may be specified in a disapproval order of the
Administrator, if any. The Administrator may disapprove such suspension
if he determines that it does not meet the requirements of paragraph
(2).
(4) This subsection shall not apply in the case of a plan provision
or requirement promulgated by the Administrator under subsection (c) of
this section, but in any such case the President may grant a temporary
emergency suspension for a four month period of any such provision or
requirement if he makes the determinations and findings specified in
paragraphs (1) and (2).
(5) The Governor may include in any temporary emergency suspension
issued under this subsection a provision delaying for a period identical
to the period of such suspension any compliance schedule (or increment
of progress) to which such source is subject under section 1857c-10 \2\
of this title, as in effect before August 7, 1977, or section 7413(d)
\2\ of this title, upon a finding that such source is unable to comply
with such schedule (or increment) solely because of the conditions on
the basis of which a suspension was issued under this subsection.
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(g) Governor's authority to issue temporary emergency suspensions
(1) In the case of any State which has adopted and submitted to the
Administrator a proposed plan revision which the State determines--
(A) meets the requirements of this section, and
(B) is necessary (i) to prevent the closing for one year or more
of any source of air pollution, and (ii) to prevent substantial
increases in unemployment which would result from such closing, and
which the Administrator has not approved or disapproved under this
section within 12 months of submission of the proposed plan revision,
the Governor may issue a temporary emergency suspension of the part of
the applicable implementation plan for such State which is proposed to
be revised with respect to such source. The determination under
subparagraph (B) may not be made with respect to a source which would
close without regard to whether or not the proposed plan revision is
approved.
(2) A temporary emergency suspension issued by a Governor under this
subsection shall remain in effect for a maximum of four months or such
lesser period as may be specified in a disapproval order of the
Administrator. The Administrator may disapprove such suspension if he
determines that it does not meet the requirements of this subsection.
(3) The Governor may include in any temporary emergency suspension
issued under this subsection a provision delaying for a period identical
to the period of such suspension any compliance schedule (or increment
of progress) to which such source is subject under section 1857c-10 \2\
of this title as in effect before August 7, 1977, or under section
7413(d) \2\ of this title upon a finding that such source is unable to
comply with such schedule (or increment) solely because of the
conditions on the basis of which a suspension was issued under this
subsection.
(h) Publication of comprehensive document for each State setting forth
requirements of applicable implementation plan
(1) Not later than 5 years after November 15, 1990, and every 3
years thereafter, the Administrator shall assemble and publish a
comprehensive document for each State setting forth all requirements of
the applicable implementation plan for such State and shall publish
notice in the Federal Register of the availability of such documents.
(2) The Administrator may promulgate such regulations as may be
reasonably necessary to carry out the purpose of this subsection.
(i) Modification of requirements prohibited
Except for a primary nonferrous smelter order under section 7419 of
this title, a suspension under subsection (f) or (g) of this section
(relating to emergency suspensions), an exemption under section 7418 of
this title (relating to certain Federal facilities), an order under
section 7413(d) \2\ of this title (relating to compliance orders), a
plan promulgation under subsection (c) of this section, or a plan
revision under subsection (a)(3) of this section; no order, suspension,
plan revision, or other action modifying any requirement of an
applicable implementation plan may be taken with respect to any
stationary source by the State or by the Administrator.
(j) Technological systems of continuous emission reduction on new or
modified stationary sources; compliance with performance
standards
As a condition for issuance of any permit required under this
subchapter, the owner or operator of each new or modified stationary
source which is required to obtain such a permit must show to the
satisfaction of the permitting authority that the technological system
of continuous emission reduction which is to be used at such source will
enable it to comply with the standards of performance which are to apply
to such source and that the construction or modification and operation
of such source will be in compliance with all other requirements of this
chapter.
(k) Environmental Protection Agency action on plan submissions
(1) Completeness of plan submissions
(A) Completeness criteria
Within 9 months after November 15, 1990, the Administrator
shall promulgate minimum criteria that any plan submission must
meet before the Administrator is required to act on such
submission under this subsection. The criteria shall be limited
to the information necessary to enable the Administrator to
determine whether the plan submission complies with the
provisions of this chapter.
(B) Completeness finding
Within 60 days of the Administrator's receipt of a plan or
plan revision, but no later than 6 months after the date, if
any, by which a State is required to submit the plan or
revision, the Administrator shall determine whether the minimum
criteria established pursuant to subparagraph (A) have been met.
Any plan or plan revision that a State submits to the
Administrator, and that has not been determined by the
Administrator (by the date 6 months after receipt of the
submission) to have failed to meet the minimum criteria
established pursuant to subparagraph (A), shall on that date be
deemed by operation of law to meet such minimum criteria.
(C) Effect of finding of incompleteness
Where the Administrator determines that a plan submission
(or part thereof) does not meet the minimum criteria established
pursuant to subparagraph (A), the State shall be treated as not
having made the submission (or, in the Administrator's
discretion, part thereof).
(2) Deadline for action
Within 12 months of a determination by the Administrator (or a
determination deemed by operation of law) under paragraph (1) that a
State has submitted a plan or plan revision (or, in the
Administrator's discretion, part thereof) that meets the minimum
criteria established pursuant to paragraph (1), if applicable (or,
if those criteria are not applicable, within 12 months of submission
of the plan or revision), the Administrator shall act on the
submission in accordance with paragraph (3).
(3) Full and partial approval and disapproval
In the case of any submittal on which the Administrator is
required to act under paragraph (2), the Administrator shall approve
such submittal as a whole if it meets all of the applicable
requirements of this chapter. If a portion of the plan revision
meets all the applicable requirements of this chapter, the
Administrator may approve the plan revision in part and disapprove
the plan revision in part. The plan revision shall not be treated as
meeting the requirements of this chapter until the Administrator
approves the entire plan revision as complying with the applicable
requirements of this chapter.
(4) Conditional approval
The Administrator may approve a plan revision based on a
commitment of the State to adopt specific enforceable measures by a
date certain, but not later than 1 year after the date of approval
of the plan revision. Any such conditional approval shall be treated
as a disapproval if the State fails to comply with such commitment.
(5) Calls for plan revisions
Whenever the Administrator finds that the applicable
implementation plan for any area is substantially inadequate to
attain or maintain the relevant national ambient air quality
standard, to mitigate adequately the interstate pollutant transport
described in section 7506a of this title or section 7511c of this
title, or to otherwise comply with any requirement of this chapter,
the Administrator shall require the State to revise the plan as
necessary to correct such inadequacies. The Administrator shall
notify the State of the inadequacies, and may establish reasonable
deadlines (not to exceed 18 months after the date of such notice)
for the submission of such plan revisions. Such findings and notice
shall be public. Any finding under this paragraph shall, to the
extent the Administrator deems appropriate, subject the State to the
requirements of this chapter to which the State was subject when it
developed and submitted the plan for which such finding was made,
except that the Administrator may adjust any dates applicable under
such requirements as appropriate (except that the Administrator may
not adjust any attainment date prescribed under part D of this
subchapter, unless such date has elapsed).
(6) Corrections
Whenever the Administrator determines that the Administrator's
action approving, disapproving, or promulgating any plan or plan
revision (or part thereof), area designation, redesignation,
classification, or reclassification was in error, the Administrator
may in the same manner as the approval, disapproval, or promulgation
revise such action as appropriate without requiring any further
submission from the State. Such determination and the basis thereof
shall be provided to the State and public.
(l) Plan revisions
Each revision to an implementation plan submitted by a State under
this chapter shall be adopted by such State after reasonable notice and
public hearing. The Administrator shall not approve a revision of a plan
if the revision would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 7501 of this title), or any other applicable requirement of this
chapter.
(m) Sanctions
The Administrator may apply any of the sanctions listed in section
7509(b) of this title at any time (or at any time after) the
Administrator makes a finding, disapproval, or determination under
paragraphs (1) through (4), respectively, of section 7509(a) of this
title in relation to any plan or plan item (as that term is defined by
the Administrator) required under this chapter, with respect to any
portion of the State the Administrator determines reasonable and
appropriate, for the purpose of ensuring that the requirements of this
chapter relating to such plan or plan item are met. The Administrator
shall, by rule, establish criteria for exercising his authority under
the previous sentence with respect to any deficiency referred to in
section 7509(a) of this title to ensure that, during the 24-month period
following the finding, disapproval, or determination referred to in
section 7509(a) of this title, such sanctions are not applied on a
statewide basis where one or more political subdivisions covered by the
applicable implementation plan are principally responsible for such
deficiency.
(n) Savings clauses
(1) Existing plan provisions
Any provision of any applicable implementation plan that was
approved or promulgated by the Administrator pursuant to this
section as in effect before November 15, 1990, shall remain in
effect as part of such applicable implementation plan, except to the
extent that a revision to such provision is approved or promulgated
by the Administrator pursuant to this chapter.
(2) Attainment dates
For any area not designated nonattainment, any plan or plan
revision submitted or required to be submitted by a State--
(A) in response to the promulgation or revision of a
national primary ambient air quality standard in effect on
November 15, 1990, or
(B) in response to a finding of substantial inadequacy under
subsection (a)(2) of this section (as in effect immediately
before November 15, 1990),
shall provide for attainment of the national primary ambient air
quality standards within 3 years of November 15, 1990, or within 5
years of issuance of such finding of substantial inadequacy,
whichever is later.
(3) Retention of construction moratorium in certain areas
In the case of an area to which, immediately before November 15,
1990, the prohibition on construction or modification of major
stationary sources prescribed in subsection (a)(2)(I) of this
section (as in effect immediately before November 15, 1990) applied
by virtue of a finding of the Administrator that the State
containing such area had not submitted an implementation plan
meeting the requirements of section 7502(b)(6) of this title
(relating to establishment of a permit program) (as in effect
immediately before November 15, 1990) or 7502(a)(1) of this title
(to the extent such requirements relate to provision for attainment
of the primary national ambient air quality standard for sulfur
oxides by December 31, 1982) as in effect immediately before
November 15, 1990, no major stationary source of the relevant air
pollutant or pollutants shall be constructed or modified in such
area until the Administrator finds that the plan for such area meets
the applicable requirements of section 7502(c)(5) of this title
(relating to permit programs) or subpart 5 of part D of this
subchapter (relating to attainment of the primary national ambient
air quality standard for sulfur dioxide), respectively.
(o) Indian tribes
If an Indian tribe submits an implementation plan to the
Administrator pursuant to section 7601(d) of this title, the plan shall
be reviewed in accordance with the provisions for review set forth in
this section for State plans, except as otherwise provided by regulation
promulgated pursuant to section 7601(d)(2) of this title. When such plan
becomes effective in accordance with the regulations promulgated under
section 7601(d) of this title, the plan shall become applicable to all
areas (except as expressly provided otherwise in the plan) located
within the exterior boundaries of the reservation, notwithstanding the
issuance of any patent and including rights-of-way running through the
reservation.
(p) Reports
Any State shall submit, according to such schedule as the
Administrator may prescribe, such reports as the Administrator may
require relating to emission reductions, vehicle miles traveled,
congestion levels, and any other information the Administrator may deem
necessary to assess the development effectiveness, need for revision, or
implementation of any plan or plan revision required under this chapter.
(July 14, 1955, ch. 360, title I, Sec. 110, as added Pub. L. 91-604,
Sec. 4(a), Dec. 31, 1970, 84 Stat. 1680; amended Pub. L. 93-319, Sec. 4,
June 22, 1974, 88 Stat. 256; Pub. L. 95-95, title I, Secs. 107, 108,
Aug. 7, 1977, 91 Stat. 691, 693; Pub. L. 95-190, Sec. 14(a)(1)-(6), Nov.
16, 1977, 91 Stat. 1399; Pub. L. 97-23, Sec. 3, July 17, 1981, 95 Stat.
142; Pub. L. 101-549, title I, Secs. 101(b)-(d), 102(h), 107(c), 108(d),
title IV, Sec. 412, Nov. 15, 1990, 104 Stat. 2404-2408, 2422, 2464,
2466, 2634.)
References in Text
The Energy Supply and Environmental Coordination Act of 1974,
referred to in subsec. (a)(3)(B), is Pub. L. 93-319, June 22, 1974, 88
Stat. 246, as amended, which is classified principally to chapter 16C
(Sec. 791 et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set out
under section 791 of Title 15 and Tables.
Section 7413 of this title, referred to in subsecs. (a)(3)(C), (6),
(f)(5), (g)(3), and (i), was amended generally by Pub. L. 101-549, title
VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended,
subsecs. (d) and (e) of section 7413 no longer relates to final
compliance orders and steel industry compliance extension, respectively.
Section 1857c-10 of this title, as in effect before August 7, 1977,
referred to in subsecs. (f)(5) and (g)(3), was in the original ``section
119, as in effect before the date of the enactment of this paragraph'',
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 subsecs. (f)(5) and (g)(3) of this section by Pub. L. 95-
95, Sec. 107, 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 section 7413(d)(5) 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, see note above. 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.
Codification
Section was formerly classified to section 1857c-5 of this title.
Prior Provisions
A prior section 110 of act July 14, 1955, was renumbered section 117
by Pub. L. 91-604 and is classified to section 7417 of this title.
Amendments
1990--Subsec. (a)(1). Pub. L. 101-549, Sec. 101(d)(8), substituted
``3 years (or such shorter period as the Administrator may prescribe)''
for ``nine months'' in two places.
Subsec. (a)(2). Pub. L. 101-549, Sec. 101(b), amended par. (2)
generally, substituting present provisions for provisions setting the
time within which the Administrator was to approve or disapprove a plan
or portion thereof and listing the conditions under which the plan or
portion thereof was to be approved after reasonable notice and hearing.
Subsec. (a)(3)(A). Pub. L. 101-549, Sec. 101(d)(1), struck out
subpar. (A) which directed Administrator to approve any revision of an
implementation plan if it met certain requirements and had been adopted
by the State after reasonable notice and public hearings.
Subsec. (a)(3)(D). Pub. L. 101-549, Sec. 101(d)(1), struck out
subpar. (D) which directed that certain implementation plans be revised
to include comprehensive measures and requirements.
Subsec. (a)(4). Pub. L. 101-549, Sec. 101(d)(2), struck out par. (4)
which set forth requirements for review procedure.
Subsec. (c)(1). Pub. L. 101-549, Sec. 102(h), amended par. (1)
generally, substituting present provisions for provisions relating to
preparation and publication of regulations setting forth an
implementation plan, after opportunity for a hearing, upon failure of a
State to make required submission or revision.
Subsec. (c)(2)(A). Pub. L. 101-549, Sec. 101(d)(3)(A), struck out
subpar. (A) which required a study and report on necessity of parking
surcharge, management of parking supply, and preferential bus/carpool
lane regulations to achieve and maintain national primary ambient air
quality standards.
Subsec. (c)(2)(C). Pub. L. 101-549, Sec. 101(d)(3)(B), struck out
subpar. (C) which authorized suspension of certain regulations and
requirements relating to management of parking supply.
Subsec. (c)(4). Pub. L. 101-549, Sec. 101(d)(3)(C), struck out par.
(4) which permitted Governors to temporarily suspend measures in
implementation plans relating to retrofits, gas rationing, and reduction
of on-street parking.
Subsec. (c)(5)(B). Pub. L. 101-549, Sec. 101(d)(3)(D), struck out
``(including the written evidence required by part D),'' after ``include
comprehensive measures''.
Subsec. (d). Pub. L. 101-549, Sec. 101(d)(4), struck out subsec. (d)
which defined an applicable implementation plan for purposes of this
chapter.
Subsec. (e). Pub. L. 101-549, Sec. 101(d)(5), struck out subsec. (e)
which permitted an extension of time for attainment of a national
primary ambient air quality standard.
Subsec. (f)(1). Pub. L. 101-549, Sec. 412, inserted ``or of any
requirement under section 7651j of this title (concerning excess
emissions penalties or offsets)'' in subpar. (A) and in last sentence.
Subsec. (g)(1). Pub. L. 101-549, Sec. 101(d)(6), substituted ``12
months of submission of the proposed plan revision'' for ``the required
four month period'' in closing provisions.
Subsec. (h)(1). Pub. L. 101-549, Sec. 101(d)(7), substituted ``5
years after November 15, 1990, and every three years thereafter'' for
``one year after August 7, 1977, and annually thereafter'' and struck
out at end ``Each such document shall be revised as frequently as
practicable but not less often than annually.''
Subsecs. (k) to (n). Pub. L. 101-549, Sec. 101(c), added subsecs.
(k) to (n).
Subsec. (o). Pub. L. 101-549, Sec. 107(c), added subsec. (o).
Subsec. (p). Pub. L. 101-549, Sec. 108(d), added subsec. (p).
1981--Subsec. (a)(3)(C). Pub. L. 97-23 inserted reference to
extensions of compliance in decrees entered under section 7413(e) of
this title (relating to iron- and steel-producing operations).
1977--Subsec. (a)(2)(A). Pub. L. 95-95, Sec. 108(a)(1), substituted
``(A) except as may be provided in subparagraph (I)(i) in the case of a
plan'' for ``(A)(i) in the case of a plan''.
Subsec. (a)(2)(B). Pub. L. 95-95, Sec. 108(a)(2), substituted
``transportation controls, air quality maintenance plans, and
preconstruction review of direct sources of air pollution as provided in
subparagraph (D)'' for ``land use and transportation controls''.
Subsec. (a)(2)(D). Pub. L. 95-95, Sec. 108(a)(3), substituted ``it
includes a program to provide for the enforcement of emission
limitations and regulation of the modification, construction, and
operation of any stationary source, including a permit program as
required in parts C and D and a permit or equivalent program for any
major emitting facility, within such region as necessary to assure (i)
that national ambient air quality standards are achieved and maintained,
and (ii) a procedure'' for ``it includes a procedure''.
Subsec. (a)(2)(E). Pub. L. 95-95, Sec. 108(a)(4), substituted ``it
contains adequate provisions (i) prohibiting any stationary source
within the State from emitting any air pollutant in amounts which will
(I) prevent attainment or maintenance by any other State of any such
national primary or secondary ambient air quality standard, or (II)
interfere with measures required to be included in the applicable
implementation plan for any other State under part C to prevent
significant deterioration of air quality or to protect visibility, and
(ii) insuring compliance with the requirements of section 7426 of this
title, relating to interstate pollution abatement'' for ``it contains
adequate provisions for intergovernmental cooperation, including
measures necessary to insure that emissions of air pollutants from
sources located in any air quality control region will not interfere
with the attainment or maintenance of such primary or secondary standard
in any portion of such region outside of such State or in any other air
quality control region''.
Subsec. (a)(2)(F). Pub. L. 95-95, Sec. 108(a)(5), added cl. (vi).
Subsec. (a)(2)(H). Pub. L. 95-190, Sec. 14(a)(1), substituted
``1977;'' for ``1977''.
Pub. L. 95-95, Sec. 108(a)(6), inserted ``except as provided in
paragraph (3)(C),'' after ``or (ii)'' and ``or to otherwise comply with
any additional requirements established under the Clean Air Act
Amendments of 1977'' after ``to achieve the national ambient air quality
primary or secondary standard which it implements''.
Subsec. (a)(2)(I). Pub. L. 95-95, Sec. 108(b), added subpar. (I).
Subsec. (a)(2)(J). Pub. L. 95-190, Sec. 14(a)(2), substituted ``;
and'' for ``, and''.
Pub. L. 95-95, Sec. 108(b), added subpar. (J).
Subsec. (a)(2)(K). Pub. L. 95-95, Sec. 108(b) added subpar. (K).
Subsec. (a)(3)(C). Pub. L. 95-95, Sec. 108(c), added subpar. (C).
Subsec. (a)(3)(D). Pub. L. 95-190, Sec. 14(a)(4), added subpar. (D).
Subsec. (a)(5). Pub. L. 95-95, Sec. 108(3), added par. (5).
Subsec. (a)(5)(D). Pub. L. 95-190, Sec. 14(a)(3), struck out
``preconstruction or premodification'' before ``review''.
Subsec. (a)(6). Pub. L. 95-95, Sec. 108(3), added par. (6).
Subsec. (c)(1). Pub. L. 95-95, Sec. 108(d)(1), (2), substituted
``plan which meets the requirements of this section'' for ``plan for any
national ambient air quality primary or secondary standard within the
time prescribed'' in subpar. (A) and, in provisions following subpar.
(C), directed that any portion of a plan relating to any measure
described in first sentence of 7421 of this title (relating to
consultation) or the consultation process required under such section
7421 of this title not be required to be promulgated before the date
eight months after such date required for submission.
Subsec. (c)(3) to (5). Pub. L. 95-95, Sec. 108(d)(3), added pars.
(3) to (5).
Subsec. (d). Pub. L. 95-95, Sec. 108(f), substituted ``and which
implements the requirements of this section'' for ``and which implements
a national primary or secondary ambient air quality standard in a
State''.
Subsec. (f). Pub. L. 95-95, Sec. 107(a), substituted provisions
relating to the handling of national or regional energy emergencies for
provisions relating to the postponement of compliance by stationary
sources or classes of moving sources with any requirement of applicable
implementation plans.
Subsec. (g). Pub. L. 95-95, Sec. 108(g), added subsec. (g) relating
to publication of comprehensive document.
Pub. L. 95-95, Sec. 107(b), added subsec. (g) relating to Governor's
authority to issue temporary emergency suspensions.
Subsec. (h). Pub. L. 95-190, Sec. 14(a)(5), redesignated subsec.
(g), added by Pub. L. 95-95, Sec. 108(g), as (h). Former subsec. (h)
redesignated (i).
Subsec. (i). Pub. L. 95-190, Sec. 14(a)(5), redesignated subsec.
(h), added by Pub. L. 95-95, Sec. 108(g), as (i). Former subsec. (i)
redesignated (j) and amended.
Subsec. (j). Pub. L. 95-190 Sec. 14(a)(5), (6), redesignated subsec.
(i), added by Pub. L. 95-95, Sec. 108(g), as (j) and in subsec. (j) as
so redesignated, substituted ``will enable such source'' for ``at such
source will enable it''.
1974--Subsec. (a)(3). Pub. L. 93-319, Sec. 4(a), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (c). Pub. L. 93-319, Sec. 4(b), designated existing
provisions as par. (1) and existing pars. (1), (2), and (3) as subpars.
(A), (B), and (C), respectively, of such redesignated par. (1), and
added par. (2).
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.
Modification or Rescission of Implementation Plans Approved and In
Effect Prior to Aug. 7, 1977
Nothing in the Clean Air Act Amendments of 1977 [Pub. L. 95-95] to
affect any requirement of an approved implementation plan under this
section or any other provision in effect under this chapter before Aug.
7, 1977, until modified or rescinded in accordance with this chapter as
amended by the Clean Air Act Amendments of 1977, see section 406(c) of
Pub. L. 95-95, set out as an Effective Date of 1977 Amendment note under
section 7401 of this title.
Savings Provision
Section 16 of Pub. L. 91-604 provided that:
``(a)(1) Any implementation plan adopted by any State and submitted
to the Secretary of Health, Education, and Welfare, or to the
Administrator pursuant to the Clean Air Act [this chapter] prior to
enactment of this Act [Dec. 31, 1970] may be approved under section 110
of the Clean Air Act [this section] (as amended by this Act) [Pub. L.
91-604] and shall remain in effect, unless the Administrator determines
that such implementation plan, or any portion thereof, is not consistent
with applicable requirements of the Clean Air Act [this chapter] (as
amended by this Act) and will not provide for the attainment of national
primary ambient air quality standards in the time required by such Act.
If the Administrator so determines, he shall, within 90 days after
promulgation of any national ambient air quality standards pursuant to
section 109(a) of the Clean Air Act [section 7409(a) of this title],
notify the State and specify in what respects changes are needed to meet
the additional requirements of such Act, including requirements to
implement national secondary ambient air quality standards. If such
changes are not adopted by the State after public hearings and within
six months after such notification, the Administrator shall promulgate
such changes pursuant to section 110(c) of such Act [subsec. (c) of this
section].
``(2) The amendments made by section 4(b) [amending sections 7403
and 7415 of this title] shall not be construed as repealing or modifying
the powers of the Administrator with respect to any conference convened
under section 108(d) of the Clean Air Act [section 7415 of this title]
before the date of enactment of this Act [Dec. 31, 1970].
``(b) Regulations or standards issued under this title II of the
Clean Air Act [subchapter II of this chapter] prior to the enactment of
this Act [Dec. 31, 1970] shall continue in effect until revised by the
Administrator consistent with the purposes of such Act [this chapter].''
Federal Energy Administrator
``Federal Energy Administrator'', for purposes of this chapter, to
mean Administrator of Federal Energy Administration established by Pub.
L. 93-275, May 7, 1974, 88 Stat. 97, which is classified to section 761
et seq. of Title 15, Commerce and Trade, but with the term to mean any
officer of the United States designated as such by the President until
Federal Energy Administrator takes office and after Federal Energy
Administration ceases to exist, see section 798 of Title 15, Commerce
and Trade.
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 6215, 7405, 7407, 7411,
7414, 7415, 7419, 7420, 7425, 7426, 7475, 7476, 7491, 7492, 7502, 7503,
7506, 7506a, 7509, 7511, 7511a, 7511c, 7512, 7545, 7586, 7589, 7590,
7602, 7607, 7619, 7625-1, 7651g, 7651j, 7661f, 8374, 9601 of this title.