
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: 42USC7509a]

 
                 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. 7509a. International border areas


(a) Implementation plans and revisions

    Notwithstanding any other provision of law, an implementation plan 
or plan revision required under this chapter shall be approved by the 
Administrator if--
        (1) such plan or revision meets all the requirements applicable 
    to it under the \1\ chapter other than a requirement that such plan 
    or revision demonstrate attainment and maintenance of the relevant 
    national ambient air quality standards by the attainment date 
    specified under the applicable provision of this chapter, or in a 
    regulation promulgated under such provision, and
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    \1\ So in original. Probably should be ``this''.
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        (2) the submitting State establishes to the satisfaction of the 
    Administrator that the implementation plan of such State would be 
    adequate to attain and maintain the relevant national ambient air 
    quality standards by the attainment date specified under the 
    applicable provision of this chapter, or in a regulation promulgated 
    under such provision, but for emissions emanating from outside of 
    the United States.

(b) Attainment of ozone levels

    Notwithstanding any other provision of law, any State that 
establishes to the satisfaction of the Administrator that, with respect 
to an ozone nonattainment area in such State, such State would have 
attained the national ambient air quality standard for ozone by the 
applicable attainment date, but for emissions emanating from outside of 
the United States, shall not be subject to the provisions of section 
7511(a)(2) or (5) of this title or section 7511d of this title.

(c) Attainment of carbon monoxide levels

    Notwithstanding any other provision of law, any State that 
establishes to the satisfaction of the Administrator, with respect to a 
carbon monoxide nonattainment area in such State, that such State has 
attained the national ambient air quality standard for carbon monoxide 
by the applicable attainment date, but for emissions emanating from 
outside of the United States, shall not be subject to the provisions of 
section 7512(b)(2) or (9) \2\ of this title.
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    \2\ So in original. Section 7512(b) of this title does not contain a 
par. (9).
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(d) Attainment of PM-10 levels

    Notwithstanding any other provision of law, any State that 
establishes to the satisfaction of the Administrator that, with respect 
to a PM-10 nonattainment area in such State, such State would have 
attained the national ambient air quality standard for carbon monoxide 
by the applicable attainment date, but for emissions emanating from 
outside the United States, shall not be subject to the provisions of 
section 7513(b)(2) of this title.

(July 14, 1955, ch. 360, title I, Sec. 179B, as added Pub. L. 101-549, 
title VIII, Sec. 818, Nov. 15, 1990, 104 Stat. 2697.)


 Establishment of Program To Monitor and Improve Air Quality in Regions 
              Along Border Between United States and Mexico

    Section 815 of Pub. L. 101-549 provided that:
    ``(a) In General.--The Administrator of the Environmental Protection 
Agency (hereinafter referred to as the `Administrator') is authorized, 
in cooperation with the Department of State and the affected States, to 
negotiate with representatives of Mexico to authorize a program to 
monitor and improve air quality in regions along the border between the 
United States and Mexico. The program established under this section 
shall not extend beyond July 1, 1995.
    ``(b) Monitoring and Remediation.--
        ``(1) Monitoring.--The monitoring component of the program 
    conducted under this section shall identify and determine sources of 
    pollutants for which national ambient air quality standards 
    (hereinafter referred to as `NAAQS') and other air quality goals 
    have been established in regions along the border between the United 
    States and Mexico. Any such monitoring component of the program 
    shall include, but not be limited to, the collection of 
    meteorological data, the measurement of air quality, the compilation 
    of an emissions inventory, and shall be sufficient to the extent 
    necessary to successfully support the use of a state-of-the-art 
    mathematical air modeling analysis. Any such monitoring component of 
    the program shall collect and produce data projecting the level of 
    emission reductions necessary in both Mexico and the United States 
    to bring about attainment of both primary and secondary NAAQS, and 
    other air quality goals, in regions along the border in the United 
    States. Any such monitoring component of the program shall include 
    to the extent possible, data from monitoring programs undertaken by 
    other parties.
        ``(2) Remediation.--The Administrator is authorized to negotiate 
    with appropriate representatives of Mexico to develop joint 
    remediation measures to reduce the level of airborne pollutants to 
    achieve and maintain primary and secondary NAAQS, and other air 
    quality goals, in regions along the border between the United States 
    and Mexico. Such joint remediation measures may include, but not be 
    limited to measures included in the Environmental Protection 
    Agency's Control Techniques and Control Technology documents. Any 
    such remediation program shall also identify those control measures 
    implementation of which in Mexico would be expedited by the use of 
    material and financial assistance of the United States.
    ``(c) Annual Reports.--The Administrator shall, each year the 
program authorized in this section is in operation, report to Congress 
on the progress of the program in bringing nonattainment areas along the 
border of the United States into attainment with primary and secondary 
NAAQS. The report issued by the Administrator under this paragraph shall 
include recommendations on funding mechanisms to assist in 
implementation of monitoring and remediation efforts.
    ``(d) Funding and Personnel.--The Administrator may, where 
appropriate, make available, subject to the appropriations, such funds, 
personnel, and equipment as may be necessary to implement the provisions 
of this section. In those cases where direct financial assistance of the 
United States is provided to implement monitoring and remediation 
programs in Mexico, the Administrator shall develop grant agreements 
with appropriate representatives of Mexico to assure the accuracy and 
completeness of monitoring data and the performance of remediation 
measures which are financed by the United States. With respect to any 
control measures within Mexico funded by the United States, the 
Administrator shall, to the maximum extent practicable, utilize 
resources of Mexico where such utilization would reduce costs to the 
United States. Such funding agreements shall include authorization for 
the Administrator to--
        ``(1) review and agree to plans for monitoring and remediation;
        ``(2) inspect premises, equipment and records to insure 
    compliance with the agreements established under and the purposes 
    set forth in this section; and
        ``(3) where necessary, develop grant agreements with affected 
    States to carry out the provisions of this section.''
