
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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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    \2\ See References in Text note below.
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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 6211, 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.
