
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: 42USC7502]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
            Part D--Plan Requirements for Nonattainment Areas
 
                subpart 1--nonattainment areas in general
 
Sec. 7502. Nonattainment plan provisions in general


(a) Classifications and attainment dates

                         (1) Classifications

        (A) On or after the date the Administrator promulgates the 
    designation of an area as a nonattainment area pursuant to section 
    7407(d) of this title with respect to any national ambient air 
    quality standard (or any revised standard, including a revision of 
    any standard in effect on November 15, 1990), the Administrator may 
    classify the area for the purpose of applying an attainment date 
    pursuant to paragraph (2), and for other purposes. In determining 
    the appropriate classification, if any, for a nonattainment area, 
    the Administrator may consider such factors as the severity of 
    nonattainment in such area and the availability and feasibility of 
    the pollution control measures that the Administrator believes may 
    be necessary to provide for attainment of such standard in such 
    area.
        (B) The Administrator shall publish a notice in the Federal 
    Register announcing each classification under subparagraph (A), 
    except the Administrator shall provide an opportunity for at least 
    30 days for written comment. Such classification shall not be 
    subject to the provisions of sections 553 through 557 of title 5 
    (concerning notice and comment) and shall not be subject to judicial 
    review until the Administrator takes final action under subsection 
    (k) or (l) of section 7410 of this title (concerning action on plan 
    submissions) or section 7509 of this title (concerning sanctions) 
    with respect to any plan submissions required by virtue of such 
    classification.
        (C) This paragraph shall not apply with respect to nonattainment 
    areas for which classifications are specifically provided under 
    other provisions of this part.

            (2) Attainment dates for nonattainment areas

        (A) The attainment date for an area designated nonattainment 
    with respect to a national primary ambient air quality standard 
    shall be the date by which attainment can be achieved as 
    expeditiously as practicable, but no later than 5 years from the 
    date such area was designated nonattainment under section 7407(d) of 
    this title, except that the Administrator may extend the attainment 
    date to the extent the Administrator determines appropriate, for a 
    period no greater than 10 years from the date of designation as 
    nonattainment, considering the severity of nonattainment and the 
    availability and feasibility of pollution control measures.
        (B) The attainment date for an area designated nonattainment 
    with respect to a secondary national ambient air quality standard 
    shall be the date by which attainment can be achieved as 
    expeditiously as practicable after the date such area was designated 
    nonattainment under section 7407(d) of this title.
        (C) Upon application by any State, the Administrator may extend 
    for 1 additional year (hereinafter referred to as the ``Extension 
    Year'') the attainment date determined by the Administrator under 
    subparagraph (A) or (B) if--
            (i) the State has complied with all requirements and 
        commitments pertaining to the area in the applicable 
        implementation plan, and
            (ii) in accordance with guidance published by the 
        Administrator, no more than a minimal number of exceedances of 
        the relevant national ambient air quality standard has occurred 
        in the area in the year preceding the Extension Year.

    No more than 2 one-year extensions may be issued under this 
    subparagraph for a single nonattainment area.
        (D) This paragraph shall not apply with respect to nonattainment 
    areas for which attainment dates are specifically provided under 
    other provisions of this part.

(b) Schedule for plan submissions

    At the time the Administrator promulgates the designation of an area 
as nonattainment with respect to a national ambient air quality standard 
under section 7407(d) of this title, the Administrator shall establish a 
schedule according to which the State containing such area shall submit 
a plan or plan revision (including the plan items) meeting the 
applicable requirements of subsection (c) of this section and section 
7410(a)(2) of this title. Such schedule shall at a minimum, include a 
date or dates, extending no later than 3 years from the date of the 
nonattainment designation, for the submission of a plan or plan revision 
(including the plan items) meeting the applicable requirements of 
subsection (c) of this section and section 7410(a)(2) of this title.

(c) Nonattainment plan provisions

    The plan provisions (including plan items) required to be submitted 
under this part shall comply with each of the following:

                           (1) In general

        Such plan provisions shall provide for the implementation of all 
    reasonably available control measures as expeditiously as 
    practicable (including such reductions in emissions from existing 
    sources in the area as may be obtained through the adoption, at a 
    minimum, of reasonably available control technology) and shall 
    provide for attainment of the national primary ambient air quality 
    standards.

                               (2) RFP

        Such plan provisions shall require reasonable further progress.

                            (3) Inventory

        Such plan provisions shall include a comprehensive, accurate, 
    current inventory of actual emissions from all sources of the 
    relevant pollutant or pollutants in such area, including such 
    periodic revisions as the Administrator may determine necessary to 
    assure that the requirements of this part are met.

                (4) Identification and quantification

        Such plan provisions shall expressly identify and quantify the 
    emissions, if any, of any such pollutant or pollutants which will be 
    allowed, in accordance with section 7503(a)(1)(B) of this title, 
    from the construction and operation of major new or modified 
    stationary sources in each such area. The plan shall demonstrate to 
    the satisfaction of the Administrator that the emissions quantified 
    for this purpose will be consistent with the achievement of 
    reasonable further progress and will not interfere with attainment 
    of the applicable national ambient air quality standard by the 
    applicable attainment date.

      (5) Permits for new and modified major stationary sources

        Such plan provisions shall require permits for the construction 
    and operation of new or modified major stationary sources anywhere 
    in the nonattainment area, in accordance with section 7503 of this 
    title.

                         (6) Other measures

        Such plan provisions shall include enforceable emission 
    limitations, and such other control measures, means or techniques 
    (including economic incentives such as fees, marketable permits, and 
    auctions of emission rights), as well as schedules and timetables 
    for compliance, as may be necessary or appropriate to provide for 
    attainment of such standard in such area by the applicable 
    attainment date specified in this part.

               (7) Compliance with section 7410(a)(2)

        Such plan provisions shall also meet the applicable provisions 
    of section 7410(a)(2) of this title.

                      (8) Equivalent techniques

        Upon application by any State, the Administrator may allow the 
    use of equivalent modeling, emission inventory, and planning 
    procedures, unless the Administrator determines that the proposed 
    techniques are, in the aggregate, less effective than the methods 
    specified by the Administrator.

                      (9) Contingency measures

        Such plan shall provide for the implementation of specific 
    measures to be undertaken if the area fails to make reasonable 
    further progress, or to attain the national primary ambient air 
    quality standard by the attainment date applicable under this part. 
    Such measures shall be included in the plan revision as contingency 
    measures to take effect in any such case without further action by 
    the State or the Administrator.

(d) Plan revisions required in response to finding of plan inadequacy

    Any plan revision for a nonattainment area which is required to be 
submitted in response to a finding by the Administrator pursuant to 
section 7410(k)(5) of this title (relating to calls for plan revisions) 
must correct the plan deficiency (or deficiencies) specified by the 
Administrator and meet all other applicable plan requirements of section 
7410 of this title and this part. The Administrator may reasonably 
adjust the dates otherwise applicable under such requirements to such 
revision (except for attainment dates that have not yet elapsed), to the 
extent necessary to achieve a consistent application of such 
requirements. In order to facilitate submittal by the States of adequate 
and approvable plans consistent with the applicable requirements of this 
chapter, the Administrator shall, as appropriate and from time to time, 
issue written guidelines, interpretations, and information to the States 
which shall be available to the public, taking into consideration any 
such guidelines, interpretations, or information provided before 
November 15, 1990.

(e) Future modification of standard

    If the Administrator relaxes a national primary ambient air quality 
standard after November 15, 1990, the Administrator shall, within 12 
months after the relaxation, promulgate requirements applicable to all 
areas which have not attained that standard as of the date of such 
relaxation. Such requirements shall provide for controls which are not 
less stringent than the controls applicable to areas designated 
nonattainment before such relaxation.

(July 14, 1955, ch. 360, title I, Sec. 172, as added Pub. L. 95-95, 
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 746; amended Pub. L. 95-
190, Sec. 14(a)(55), (56), Nov. 16, 1977, 91 Stat. 1402; Pub. L. 101-
549, title I, Sec. 102(b), Nov. 15, 1990, 104 Stat. 2412.)


                               Amendments

    1990--Pub. L. 101-549 amended section generally, substituting 
present provisions for provisions which related to: in subsec. (a), 
expeditious attainment of national ambient air quality standards; in 
subsec. (b), requisite provisions of plan; and in subsec. (c), 
attainment of applicable standard not later than July 1, 1987.
    1977--Subsec. (b)(4). Pub. L. 95-190, Sec. 14(a)(55), substituted 
``subsection (a) of this section'' for ``paragraph (1)''.
    Subsec. (c). Pub. L. 95-190, Sec. 14(a)(56), substituted ``December 
31'' for ``July 1''.


                           Nonattainment Areas

    Section 129(a) of Pub. L. 95-95, as amended by Pub. L. 95-190, 
Sec. 14(b)(2), (3), Nov. 16, 1977, 91 Stat. 1404, provided that:
    ``(1) Before July 1, 1979, the interpretative regulation of the 
Administrator of the Environmental Protection Agency published in 41 
Federal Register 55524-30, December 21, 1976, as may be modified by rule 
of the Administrator, shall apply except that the baseline to be used 
for determination of appropriate emission offsets under such regulation 
shall be the applicable implementation plan of the State in effect at 
the time of application for a permit by a proposed major stationary 
source (within the meaning of section 302 of the Clean Air Act) [section 
7602 of this title].
    ``(2) Before July 1, 1979, the requirements of the regulation 
referred to in paragraph (1) shall be waived by the Administrator with 
respect to any pollutant if he determines that the State has--
        ``(A) an inventory of emissions of the applicable pollutant for 
    each nonattainment area (as defined in section 171 of the Clean Air 
    Act [section 7501 of this title]) that identifies the type, 
    quantity, and source of such pollutant so as to provide information 
    sufficient to demonstrate that the requirements of subparagraph (C) 
    are being met;
        ``(B) an enforceable permit program which--
            ``(i) requires new or modified major stationary sources to 
        meet emission limitations at least as stringent as required 
        under the permit requirements referred to in paragraphs (2) and 
        (3) of section 173 of the Clean Air Act [section 7503 of this 
        title] (relating to lowest achievable emission rate and 
        compliance by other sources) and which assures compliance with 
        the annual reduction requirements of subparagraph (C); and
            ``(ii) requires existing sources to achieve such reduction 
        in emissions in the area as may be obtained through the 
        adoption, at a minimum of reasonably available control 
        technology, and
        ``(C) a program which requires reductions in total allowable 
    emissions in the area prior to July 1, 1979, so as to provide for 
    the same level of emission reduction as would result from the 
    application of the regulation referred to in paragraph (1).
The Administrator shall terminate such waiver if in his judgment the 
reduction in emissions actually being attained is less than the 
reduction on which the waiver was conditioned pursuant to subparagraph 
(C), or if the Administrator determines that the State is no longer in 
compliance with any requirement of this paragraph. Upon application by 
the State, the Administrator may reinstate a waiver terminated under the 
preceding sentence if he is satisfied that such State is in compliance 
with all requirements of this subsection.
    ``(3) Operating permits may be issued to those applicants who were 
properly granted construction permits, in accordance with the law and 
applicable regulations in effect at the time granted, for construction 
of a new or modified source in areas exceeding national primary air 
quality standards on or before the date of the enactment of this Act 
[Aug. 7, 1977] if such construction permits were granted prior to the 
date of the enactment of this Act and the person issued any such permit 
is able to demonstrate that the emissions from the source will be within 
the limitations set forth in such construction permit.''


                   State Implementation Plan Revision

    Section 129(c) of Pub. L. 95-95, as amended by Pub. L. 95-190, 
Sec. 14(b)(4), Nov. 16, 1977, 91 Stat. 1405, provided that: 
``Notwithstanding the requirements of section 406(d)(2) [set out as an 
Effective Date of 1977 Amendment note under section 7401 of this title] 
(relating to date required for submission of certain implementation plan 
revisions), for purposes of section 110(a)(2) of the Clean Air Act 
[section 7410(a)(2) of this title] each State in which there is any 
nonattainment area (as defined in part D of title I of the Clean Air 
Act) [this part] shall adopt and submit an implementation plan revision 
which meets the requirements of section 110(a)(2)(I) [section 
7410(a)(2)(I) of this title] and part D of title I of the Clean Air Act 
[this part] not later than January 1, 1979. In the case of any State for 
which a plan revision adopted and submitted before such date has made 
the demonstration required under section 172(a)(2) of the Clean Air Act 
[subsec. (a)(2) of this section] (respecting impossibility of attainment 
before 1983), such State shall adopt and submit to the Administrator a 
plan revision before July 1, 1982, which meets the requirements of 
section 172(b) and (c) of such Act [subsecs. (b) and (c) of this 
section].''

                  Section Referred to in Other Sections

    This section is referred to in sections 7410, 7429, 7503, 7509, 
7511, 7511a, 7512, 7512a, 7513, 7513a, 7607 of this title.
