
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: 42USC7511a]

 
                 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 2--additional provisions for ozone nonattainment areas
 
Sec. 7511a. Plan submissions and requirements


(a) Marginal Areas

    Each State in which all or part of a Marginal Area is located shall, 
with respect to the Marginal Area (or portion thereof, to the extent 
specified in this subsection), submit to the Administrator the State 
implementation plan revisions (including the plan items) described under 
this subsection except to the extent the State has made such submissions 
as of November 15, 1990.

                            (1) Inventory

        Within 2 years after November 15, 1990, the State shall submit a 
    comprehensive, accurate, current inventory of actual emissions from 
    all sources, as described in section 7502(c)(3) of this title, in 
    accordance with guidance provided by the Administrator.

          (2) Corrections to the State implementation plan

        Within the periods prescribed in this paragraph, the State shall 
    submit a revision to the State implementation plan that meets the 
    following requirements--

        (A) Reasonably available control technology corrections

            For any Marginal Area (or, within the Administrator's 
        discretion, portion thereof) the State shall submit, within 6 
        months of the date of classification under section 7511(a) of 
        this title, a revision that includes such provisions to correct 
        requirements in (or add requirements to) the plan concerning 
        reasonably available control technology as were required under 
        section 7502(b) of this title (as in effect immediately before 
        November 15, 1990), as interpreted in guidance issued by the 
        Administrator under section 7408 of this title before November 
        15, 1990.

        (B) Savings clause for vehicle inspection and maintenance

            (i) For any Marginal Area (or, within the Administrator's 
        discretion, portion thereof), the plan for which already 
        includes, or was required by section 7502(b)(11)(B) of this 
        title (as in effect immediately before November 15, 1990) to 
        have included, a specific schedule for implementation of a 
        vehicle emission control inspection and maintenance program, the 
        State shall submit, immediately after November 15, 1990, a 
        revision that includes any provisions necessary to provide for a 
        vehicle inspection and maintenance program of no less stringency 
        than that of either the program defined in House Report Numbered 
        95-294, 95th Congress, 1st Session, 281-291 (1977) as 
        interpreted in guidance of the Administrator issued pursuant to 
        section 7502(b)(11)(B) of this title (as in effect immediately 
        before November 15, 1990) or the program already included in the 
        plan, whichever is more stringent.
            (ii) Within 12 months after November 15, 1990, the 
        Administrator shall review, revise, update, and republish in the 
        Federal Register the guidance for the States for motor vehicle 
        inspection and maintenance programs required by this chapter, 
        taking into consideration the Administrator's investigations and 
        audits of such program. The guidance shall, at a minimum, cover 
        the frequency of inspections, the types of vehicles to be 
        inspected (which shall include leased vehicles that are 
        registered in the nonattainment area), vehicle maintenance by 
        owners and operators, audits by the State, the test method and 
        measures, including whether centralized or decentralized, 
        inspection methods and procedures, quality of inspection, 
        components covered, assurance that a vehicle subject to a recall 
        notice from a manufacturer has complied with that notice, and 
        effective implementation and enforcement, including ensuring 
        that any retesting of a vehicle after a failure shall include 
        proof of corrective action and providing for denial of vehicle 
        registration in the case of tampering or misfueling. The 
        guidance which shall be incorporated in the applicable State 
        implementation plans by the States shall provide the States with 
        continued reasonable flexibility to fashion effective, 
        reasonable, and fair programs for the affected consumer. No 
        later than 2 years after the Administrator promulgates 
        regulations under section 7521(m)(3) of this title (relating to 
        emission control diagnostics), the State shall submit a revision 
        to such program to meet any requirements that the Administrator 
        may prescribe under that section.

        (C) Permit programs

            Within 2 years after November 15, 1990, the State shall 
        submit a revision that includes each of the following:
                (i) Provisions to require permits, in accordance with 
            sections 7502(c)(5) and 7503 of this title, for the 
            construction and operation of each new or modified major 
            stationary source (with respect to ozone) to be located in 
            the area.
                (ii) Provisions to correct requirements in (or add 
            requirements to) the plan concerning permit programs as were 
            required under section 7502(b)(6) of this title (as in 
            effect immediately before November 15, 1990), as interpreted 
            in regulations of the Administrator promulgated as of 
            November 15, 1990.

                       (3) Periodic inventory

        (A) General requirement

            No later than the end of each 3-year period after submission 
        of the inventory under paragraph (1) until the area is 
        redesignated to attainment, the State shall submit a revised 
        inventory meeting the requirements of subsection (a)(1) of this 
        section.

        (B) Emissions statements

            (i) Within 2 years after November 15, 1990, the State shall 
        submit a revision to the State implementation plan to require 
        that the owner or operator of each stationary source of oxides 
        of nitrogen or volatile organic compounds provide the State with 
        a statement, in such form as the Administrator may prescribe (or 
        accept an equivalent alternative developed by the State), for 
        classes or categories of sources, showing the actual emissions 
        of oxides of nitrogen and volatile organic compounds from that 
        source. The first such statement shall be submitted within 3 
        years after November 15, 1990. Subsequent statements shall be 
        submitted at least every year thereafter. The statement shall 
        contain a certification that the information contained in the 
        statement is accurate to the best knowledge of the individual 
        certifying the statement.
            (ii) The State may waive the application of clause (i) to 
        any class or category of stationary sources which emit less than 
        25 tons per year of volatile organic compounds or oxides of 
        nitrogen if the State, in its submissions under subparagraphs 
        \1\ (1) or (3)(A), provides an inventory of emissions from such 
        class or category of sources, based on the use of the emission 
        factors established by the Administrator or other methods 
        acceptable to the Administrator.
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    \1\ So in original. Probably should be ``subparagraph''.
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                   (4) General offset requirement

        For purposes of satisfying the emission offset requirements of 
    this part, the ratio of total emission reductions of volatile 
    organic compounds to total increased emissions of such air pollutant 
    shall be at least 1.1 to 1.

The Administrator may, in the Administrator's discretion, require States 
to submit a schedule for submitting any of the revisions or other items 
required under this subsection. The requirements of this subsection 
shall apply in lieu of any requirement that the State submit a 
demonstration that the applicable implementation plan provides for 
attainment of the ozone standard by the applicable attainment date in 
any Marginal Area. Section 7502(c)(9) of this title (relating to 
contingency measures) shall not apply to Marginal Areas.

(b) Moderate Areas

    Each State in which all or part of a Moderate Area is located shall, 
with respect to the Moderate Area, make the submissions described under 
subsection (a) of this section (relating to Marginal Areas), and shall 
also submit the revisions to the applicable implementation plan 
described under this subsection.

         (1) Plan provisions for reasonable further progress

        (A) General rule

            (i) By no later than 3 years after November 15, 1990, the 
        State shall submit a revision to the applicable implementation 
        plan to provide for volatile organic compound emission 
        reductions, within 6 years after November 15, 1990, of at least 
        15 percent from baseline emissions, accounting for any growth in 
        emissions after 1990. Such plan shall provide for such specific 
        annual reductions in emissions of volatile organic compounds and 
        oxides of nitrogen as necessary to attain the national primary 
        ambient air quality standard for ozone by the attainment date 
        applicable under this chapter. This subparagraph shall not apply 
        in the case of oxides of nitrogen for those areas for which the 
        Administrator determines (when the Administrator approves the 
        plan or plan revision) that additional reductions of oxides of 
        nitrogen would not contribute to attainment.
            (ii) A percentage less than 15 percent may be used for 
        purposes of clause (i) in the case of any State which 
        demonstrates to the satisfaction of the Administrator that--
                (I) new source review provisions are applicable in the 
            nonattainment areas in the same manner and to the same 
            extent as required under subsection (e) of this section in 
            the case of Extreme Areas (with the exception that, in 
            applying such provisions, the terms ``major source'' and 
            ``major stationary source'' shall include (in addition to 
            the sources described in section 7602 of this title) any 
            stationary source or group of sources located within a 
            contiguous area and under common control that emits, or has 
            the potential to emit, at least 5 tons per year of volatile 
            organic compounds);
                (II) reasonably available control technology is required 
            for all existing major sources (as defined in subclause 
            (I)); and
                (III) the plan reflecting a lesser percentage than 15 
            percent includes all measures that can feasibly be 
            implemented in the area, in light of technological 
            achievability.

        To qualify for a lesser percentage under this clause, a State 
        must demonstrate to the satisfaction of the Administrator that 
        the plan for the area includes the measures that are achieved in 
        practice by sources in the same source category in nonattainment 
        areas of the next higher category.

        (B) Baseline emissions

            For purposes of subparagraph (A), the term ``baseline 
        emissions'' means the total amount of actual VOC or 
        NO<INF>x</INF> emissions from all anthropogenic sources in the 
        area during the calendar year 1990, excluding emissions that 
        would be eliminated under the regulations described in clauses 
        (i) and (ii) of subparagraph (D).

        (C) General rule for creditability of reductions

            Except as provided under subparagraph (D), emissions 
        reductions are creditable toward the 15 percent required under 
        subparagraph (A) to the extent they have actually occurred, as 
        of 6 years after November 15, 1990, from the implementation of 
        measures required under the applicable implementation plan, 
        rules promulgated by the Administrator, or a permit under 
        subchapter V of this chapter.

        (D) Limits on creditability of reductions

            Emission reductions from the following measures are not 
        creditable toward the 15 percent reductions required under 
        subparagraph (A):
                (i) Any measure relating to motor vehicle exhaust or 
            evaporative emissions promulgated by the Administrator by 
            January 1, 1990.
                (ii) Regulations concerning Reid Vapor Pressure 
            promulgated by the Administrator by November 15, 1990, or 
            required to be promulgated under section 7545(h) of this 
            title.
                (iii) Measures required under subsection (a)(2)(A) of 
            this section (concerning corrections to implementation plans 
            prescribed under guidance by the Administrator).
                (iv) Measures required under subsection (a)(2)(B) of 
            this section to be submitted immediately after November 15, 
            1990 (concerning corrections to motor vehicle inspection and 
            maintenance programs).

             (2) Reasonably available control technology

        The State shall submit a revision to the applicable 
    implementation plan to include provisions to require the 
    implementation of reasonably available control technology under 
    section 7502(c)(1) of this title with respect to each of the 
    following:
            (A) Each category of VOC sources in the area covered by a 
        CTG document issued by the Administrator between November 15, 
        1990, and the date of attainment.
            (B) All VOC sources in the area covered by any CTG issued 
        before November 15, 1990.
            (C) All other major stationary sources of VOCs that are 
        located in the area.

    Each revision described in subparagraph (A) shall be submitted 
    within the period set forth by the Administrator in issuing the 
    relevant CTG document. The revisions with respect to sources 
    described in subparagraphs (B) and (C) shall be submitted by 2 years 
    after November 15, 1990, and shall provide for the implementation of 
    the required measures as expeditiously as practicable but no later 
    than May 31, 1995.

                     (3) Gasoline vapor recovery

        (A) General rule

            Not later than 2 years after November 15, 1990, the State 
        shall submit a revision to the applicable implementation plan to 
        require all owners or operators of gasoline dispensing systems 
        to install and operate, by the date prescribed under 
        subparagraph (B), a system for gasoline vapor recovery of 
        emissions from the fueling of motor vehicles. The Administrator 
        shall issue guidance as appropriate as to the effectiveness of 
        such system. This subparagraph shall apply only to facilities 
        which sell more than 10,000 gallons of gasoline per month 
        (50,000 gallons per month in the case of an independent small 
        business marketer of gasoline as defined in section 7625-1 \2\ 
        of this title).
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    \2\ So in original. Probably should be section ``7625''.
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        (B) Effective date

            The date required under subparagraph (A) shall be--
                (i) 6 months after the adoption date, in the case of 
            gasoline dispensing facilities for which construction 
            commenced after November 15, 1990;
                (ii) one year after the adoption date, in the case of 
            gasoline dispensing facilities which dispense at least 
            100,000 gallons of gasoline per month, based on average 
            monthly sales for the 2-year period before the adoption 
            date; or
                (iii) 2 years after the adoption date, in the case of 
            all other gasoline dispensing facilities.

        Any gasoline dispensing facility described under both clause (i) 
        and clause (ii) shall meet the requirements of clause (i).

        (C) Reference to terms

            For purposes of this paragraph, any reference to the term 
        ``adoption date'' shall be considered a reference to the date of 
        adoption by the State of requirements for the installation and 
        operation of a system for gasoline vapor recovery of emissions 
        from the fueling of motor vehicles.

            (4) Motor vehicle inspection and maintenance

        For all Moderate Areas, the State shall submit, immediately 
    after November 15, 1990, a revision to the applicable implementation 
    plan that includes provisions necessary to provide for a vehicle 
    inspection and maintenance program as described in subsection 
    (a)(2)(B) of this section (without regard to whether or not the area 
    was required by section 7502(b)(11)(B) of this title (as in effect 
    immediately before November 15, 1990) to have included a specific 
    schedule for implementation of such a program).

                   (5) General offset requirement

        For purposes of satisfying the emission offset requirements of 
    this part, the ratio of total emission reductions of volatile 
    organic compounds to total increase emissions of such air pollutant 
    shall be at least 1.15 to 1.

(c) Serious Areas

    Except as otherwise specified in paragraph (4), each State in which 
all or part of a Serious Area is located shall, with respect to the 
Serious Area (or portion thereof, to the extent specified in this 
subsection), make the submissions described under subsection (b) of this 
section (relating to Moderate Areas), and shall also submit the 
revisions to the applicable implementation plan (including the plan 
items) described under this subsection. For any Serious Area, the terms 
``major source'' and ``major stationary source'' include (in addition to 
the sources described in section 7602 of this title) any stationary 
source or group of sources located within a contiguous area and under 
common control that emits, or has the potential to emit, at least 50 
tons per year of volatile organic compounds.

                       (1) Enhanced monitoring

        In order to obtain more comprehensive and representative data on 
    ozone air pollution, not later than 18 months after November 15, 
    1990, the Administrator shall promulgate rules, after notice and 
    public comment, for enhanced monitoring of ozone, oxides of 
    nitrogen, and volatile organic compounds. The rules shall, among 
    other things, cover the location and maintenance of monitors. 
    Immediately following the promulgation of rules by the Administrator 
    relating to enhanced monitoring, the State shall commence such 
    actions as may be necessary to adopt and implement a program based 
    on such rules, to improve monitoring for ambient concentrations of 
    ozone, oxides of nitrogen and volatile organic compounds and to 
    improve monitoring of emissions of oxides of nitrogen and volatile 
    organic compounds. Each State implementation plan for the area shall 
    contain measures to improve the ambient monitoring of such air 
    pollutants.

           (2) Attainment and reasonable further progress 
                               demonstrations

        Within 4 years after November 15, 1990, the State shall submit a 
    revision to the applicable implementation plan that includes each of 
    the following:

        (A) Attainment demonstration

            A demonstration that the plan, as revised, will provide for 
        attainment of the ozone national ambient air quality standard by 
        the applicable attainment date. This attainment demonstration 
        must be based on photochemical grid modeling or any other 
        analytical method determined by the Administrator, in the 
        Administrator's discretion, to be at least as effective.

        (B) Reasonable further progress demonstration

            A demonstration that the plan, as revised, will result in 
        VOC emissions reductions from the baseline emissions described 
        in subsection (b)(1)(B) of this section equal to the following 
        amount averaged over each consecutive 3-year period beginning 6 
        years after November 15, 1990, until the attainment date:
                (i) at least 3 percent of baseline emissions each year; 
            or
                (ii) an amount less than 3 percent of such baseline 
            emissions each year, if the State demonstrates to the 
            satisfaction of the Administrator that the plan reflecting 
            such lesser amount includes all measures that can feasibly 
            be implemented in the area, in light of technological 
            achievability.

        To lessen the 3 percent requirement under clause (ii), a State 
        must demonstrate to the satisfaction of the Administrator that 
        the plan for the area includes the measures that are achieved in 
        practice by sources in the same source category in nonattainment 
        areas of the next higher classification. Any determination to 
        lessen the 3 percent requirement shall be reviewed at each 
        milestone under subsection (g) of this section and revised to 
        reflect such new measures (if any) achieved in practice by 
        sources in the same category in any State, allowing a reasonable 
        time to implement such measures. The emission reductions 
        described in this subparagraph shall be calculated in accordance 
        with subsection (b)(1)(C) and (D) of this section (concerning 
        creditability of reductions). The reductions creditable for the 
        period beginning 6 years after November 15, 1990, shall include 
        reductions that occurred before such period, computed in 
        accordance with subsection (b)(1) of this section, that exceed 
        the 15-percent amount of reductions required under subsection 
        (b)(1)(A) of this section.

        (C) NO<INF>x</INF> control

            The revision may contain, in lieu of the demonstration 
        required under subparagraph (B), a demonstration to the 
        satisfaction of the Administrator that the applicable 
        implementation plan, as revised, provides for reductions of 
        emissions of VOC's and oxides of nitrogen (calculated according 
        to the creditability provisions of subsection (b)(1)(C) and (D) 
        of this section), that would result in a reduction in ozone 
        concentrations at least equivalent to that which would result 
        from the amount of VOC emission reductions required under 
        subparagraph (B). Within 1 year after November 15, 1990, the 
        Administrator shall issue guidance concerning the conditions 
        under which NO<INF>x</INF> control may be substituted for VOC 
        control or may be combined with VOC control in order to maximize 
        the reduction in ozone air pollution. In accord with such 
        guidance, a lesser percentage of VOCs may be accepted as an 
        adequate demonstration for purposes of this subsection.

       (3) Enhanced vehicle inspection and maintenance program

        (A) Requirement for submission

            Within 2 years after November 15, 1990, the State shall 
        submit a revision to the applicable implementation plan to 
        provide for an enhanced program to reduce hydrocarbon emissions 
        and NO<INF>x</INF> emissions from in-use motor vehicles 
        registered in each urbanized area (in the nonattainment area), 
        as defined by the Bureau of the Census, with a 1980 population 
        of 200,000 or more.

        (B) Effective date of State programs; guidance

            The State program required under subparagraph (A) shall take 
        effect no later than 2 years from November 15, 1990, and shall 
        comply in all respects with guidance published in the Federal 
        Register (and from time to time revised) by the Administrator 
        for enhanced vehicle inspection and maintenance programs. Such 
        guidance shall include--
                (i) a performance standard achievable by a program 
            combining emission testing, including on-road emission 
            testing, with inspection to detect tampering with emission 
            control devices and misfueling for all light-duty vehicles 
            and all light-duty trucks subject to standards under section 
            7521 of this title; and
                (ii) program administration features necessary to 
            reasonably assure that adequate management resources, tools, 
            and practices are in place to attain and maintain the 
            performance standard.

        Compliance with the performance standard under clause (i) shall 
        be determined using a method to be established by the 
        Administrator.

        (C) State program

            The State program required under subparagraph (A) shall 
        include, at a minimum, each of the following elements--
                (i) Computerized emission analyzers, including on-road 
            testing devices.
                (ii) No waivers for vehicles and parts covered by the 
            emission control performance warranty as provided for in 
            section 7541(b) of this title unless a warranty remedy has 
            been denied in writing, or for tampering-related repairs.
                (iii) In view of the air quality purpose of the program, 
            if, for any vehicle, waivers are permitted for emissions-
            related repairs not covered by warranty, an expenditure to 
            qualify for the waiver of an amount of $450 or more for such 
            repairs (adjusted annually as determined by the 
            Administrator on the basis of the Consumer Price Index in 
            the same manner as provided in subchapter V of this 
            chapter).
                (iv) Enforcement through denial of vehicle registration 
            (except for any program in operation before November 15, 
            1990, whose enforcement mechanism is demonstrated to the 
            Administrator to be more effective than the applicable 
            vehicle registration program in assuring that noncomplying 
            vehicles are not operated on public roads).
                (v) Annual emission testing and necessary adjustment, 
            repair, and maintenance, unless the State demonstrates to 
            the satisfaction of the Administrator that a biennial 
            inspection, in combination with other features of the 
            program which exceed the requirements of this chapter, will 
            result in emission reductions which equal or exceed the 
            reductions which can be obtained through such annual 
            inspections.
                (vi) Operation of the program on a centralized basis, 
            unless the State demonstrates to the satisfaction of the 
            Administrator that a decentralized program will be equally 
            effective. An electronically connected testing system, a 
            licensing system, or other measures (or any combination 
            thereof) may be considered, in accordance with criteria 
            established by the Administrator, as equally effective for 
            such purposes.
                (vii) Inspection of emission control diagnostic systems 
            and the maintenance or repair of malfunctions or system 
            deterioration identified by or affecting such diagnostics 
            systems.

        Each State shall biennially prepare a report to the 
        Administrator which assesses the emission reductions achieved by 
        the program required under this paragraph based on data 
        collected during inspection and repair of vehicles. The methods 
        used to assess the emission reductions shall be those 
        established by the Administrator.

                   (4) Clean-fuel vehicle programs

        (A) Except to the extent that substitute provisions have been 
    approved by the Administrator under subparagraph (B), the State 
    shall submit to the Administrator, within 42 months of November 15, 
    1990, a revision to the applicable implementation plan for each area 
    described under part C of subchapter II of this chapter to include 
    such measures as may be necessary to ensure the effectiveness of the 
    applicable provisions of the clean-fuel vehicle program prescribed 
    under part C of subchapter II of this chapter, including all 
    measures necessary to make the use of clean alternative fuels in 
    clean-fuel vehicles (as defined in part C of subchapter II of this 
    chapter) economic from the standpoint of vehicle owners. Such a 
    revision shall also be submitted for each area that opts into the 
    clean fuel-vehicle program as provided in part C of subchapter II of 
    this chapter.
        (B) The Administrator shall approve, as a substitute for all or 
    a portion of the clean-fuel vehicle program prescribed under part C 
    of subchapter II of this chapter, any revision to the relevant 
    applicable implementation plan that in the Administrator's judgment 
    will achieve long-term reductions in ozone-producing and toxic air 
    emissions equal to those achieved under part C of subchapter II of 
    this chapter, or the percentage thereof attributable to the portion 
    of the clean-fuel vehicle program for which the revision is to 
    substitute. The Administrator may approve such revision only if it 
    consists exclusively of provisions other than those required under 
    this chapter for the area. Any State seeking approval of such 
    revision must submit the revision to the Administrator within 24 
    months of November 15, 1990. The Administrator shall approve or 
    disapprove any such revision within 30 months of November 15, 1990. 
    The Administrator shall publish the revision submitted by a State in 
    the Federal Register upon receipt. Such notice shall constitute a 
    notice of proposed rulemaking on whether or not to approve such 
    revision and shall be deemed to comply with the requirements 
    concerning notices of proposed rulemaking contained in sections 553 
    through 557 of title 5 (related to notice and comment). Where the 
    Administrator approves such revision for any area, the State need 
    not submit the revision required by subparagraph (A) for the area 
    with respect to the portions of the Federal clean-fuel vehicle 
    program for which the Administrator has approved the revision as a 
    substitute.
        (C) If the Administrator determines, under section 7509 of this 
    title, that the State has failed to submit any portion of the 
    program required under subparagraph (A), then, in addition to any 
    sanctions available under section 7509 of this title, the State may 
    not receive credit, in any demonstration of attainment or reasonable 
    further progress for the area, for any emission reductions from 
    implementation of the corresponding aspects of the Federal clean-
    fuel vehicle requirements established in part C of subchapter II of 
    this chapter.

                     (5) Transportation control

        (A) \3\ Beginning 6 years after November 15, 1990, and each 
    third year thereafter, the State shall submit a demonstration as to 
    whether current aggregate vehicle mileage, aggregate vehicle 
    emissions, congestion levels, and other relevant parameters are 
    consistent with those used for the area's demonstration of 
    attainment. Where such parameters and emissions levels exceed the 
    levels projected for purposes of the area's attainment 
    demonstration, the State shall within 18 months develop and submit a 
    revision of the applicable implementation plan that includes a 
    transportation control measures program consisting of measures from, 
    but not limited to, section 7408(f) of this title that will reduce 
    emissions to levels that are consistent with emission levels 
    projected in such demonstration. In considering such measures, the 
    State should ensure adequate access to downtown, other commercial, 
    and residential areas and should avoid measures that increase or 
    relocate emissions and congestion rather than reduce them. Such 
    revision shall be developed in accordance with guidance issued by 
    the Administrator pursuant to section 7408(e) of this title and with 
    the requirements of section 7504(b) of this title and shall include 
    implementation and funding schedules that achieve expeditious 
    emissions reductions in accordance with implementation plan 
    projections.
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    \3\ So in original. No subpar. (B) has been enacted.
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                         (6) De minimis rule

        The new source review provisions under this part shall ensure 
    that increased emissions of volatile organic compounds resulting 
    from any physical change in, or change in the method of operation 
    of, a stationary source located in the area shall not be considered 
    de minimis for purposes of determining the applicability of the 
    permit requirements established by this chapter unless the increase 
    in net emissions of such air pollutant from such source does not 
    exceed 25 tons when aggregated with all other net increases in 
    emissions from the source over any period of 5 consecutive calendar 
    years which includes the calendar year in which such increase 
    occurred.

    (7) Special rule for modifications of sources emitting less 
                                than 100 tons

        In the case of any major stationary source of volatile organic 
    compounds located in the area (other than a source which emits or 
    has the potential to emit 100 tons or more of volatile organic 
    compounds per year), whenever any change (as described in section 
    7411(a)(4) of this title) at that source results in any increase 
    (other than a de minimis increase) in emissions of volatile organic 
    compounds from any discrete operation, unit, or other pollutant 
    emitting activity at the source, such increase shall be considered a 
    modification for purposes of section 7502(c)(5) of this title and 
    section 7503(a) of this title, except that such increase shall not 
    be considered a modification for such purposes if the owner or 
    operator of the source elects to offset the increase by a greater 
    reduction in emissions of volatile organic compounds concerned from 
    other operations, units, or activities within the source at an 
    internal offset ratio of at least 1.3 to 1. If the owner or operator 
    does not make such election, such change shall be considered a 
    modification for such purposes, but in applying section 7503(a)(2) 
    of this title in the case of any such modification, the best 
    available control technology (BACT), as defined in section 7479 of 
    this title, shall be substituted for the lowest achievable emission 
    rate (LAER). The Administrator shall establish and publish policies 
    and procedures for implementing the provisions of this paragraph.

     (8) Special rule for modifications of sources emitting 100 
                                tons or more

        In the case of any major stationary source of volatile organic 
    compounds located in the area which emits or has the potential to 
    emit 100 tons or more of volatile organic compounds per year, 
    whenever any change (as described in section 7411(a)(4) of this 
    title) at that source results in any increase (other than a de 
    minimis increase) in emissions of volatile organic compounds from 
    any discrete operation, unit, or other pollutant emitting activity 
    at the source, such increase shall be considered a modification for 
    purposes of section 7502(c)(5) of this title and section 7503(a) of 
    this title, except that if the owner or operator of the source 
    elects to offset the increase by a greater reduction in emissions of 
    volatile organic compounds from other operations, units, or 
    activities within the source at an internal offset ratio of at least 
    1.3 to 1, the requirements of section 7503(a)(2) of this title 
    (concerning the lowest achievable emission rate (LAER)) shall not 
    apply.

                     (9) Contingency provisions

        In addition to the contingency provisions required under section 
    7502(c)(9) of this title, the plan revision shall provide for the 
    implementation of specific measures to be undertaken if the area 
    fails to meet any applicable milestone. Such measures shall be 
    included in the plan revision as contingency measures to take effect 
    without further action by the State or the Administrator upon a 
    failure by the State to meet the applicable milestone.

                   (10) General offset requirement

        For purposes of satisfying the emission offset requirements of 
    this part, the ratio of total emission reductions of volatile 
    organic compounds to total increase emissions of such air pollutant 
    shall be at least 1.2 to 1.

Any reference to ``attainment date'' in subsection (b) of this section, 
which is incorporated by reference into this subsection, shall refer to 
the attainment date for serious areas.

(d) Severe Areas

    Each State in which all or part of a Severe Area is located shall, 
with respect to the Severe Area, make the submissions described under 
subsection (c) of this section (relating to Serious Areas), and shall 
also submit the revisions to the applicable implementation plan 
(including the plan items) described under this subsection. For any 
Severe Area, the terms ``major source'' and ``major stationary source'' 
include (in addition to the sources described in section 7602 of this 
title) any stationary source or group of sources located within a 
contiguous area and under common control that emits, or has the 
potential to emit, at least 25 tons per year of volatile organic 
compounds.

                     (1) Vehicle miles traveled

        (A) Within 2 years after November 15, 1990, the State shall 
    submit a revision that identifies and adopts specific enforceable 
    transportation control strategies and transportation control 
    measures to offset any growth in emissions from growth in vehicle 
    miles traveled or numbers of vehicle trips in such area and to 
    attain reduction in motor vehicle emissions as necessary, in 
    combination with other emission reduction requirements of this 
    subpart, to comply with the requirements of subsection \4\ (b)(2)(B) 
    and (c)(2)(B) of this section (pertaining to periodic emissions 
    reduction requirements). The State shall consider measures specified 
    in section 7408(f) of this title, and choose from among and 
    implement such measures as necessary to demonstrate attainment with 
    the national ambient air quality standards; in considering such 
    measures, the State should ensure adequate access to downtown, other 
    commercial, and residential areas and should avoid measures that 
    increase or relocate emissions and congestion rather than reduce 
    them.
---------------------------------------------------------------------------
    \4\ So in original. Probably should be ``subsections''.
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        (B) The State may also, in its discretion, submit a revision at 
    any time requiring employers in such area to implement programs to 
    reduce work-related vehicle trips and miles travelled by employees. 
    Such revision shall be developed in accordance with guidance issued 
    by the Administrator pursuant to section 7408(f) of this title and 
    may require that employers in such area increase average passenger 
    occupancy per vehicle in commuting trips between home and the 
    workplace during peak travel periods. The guidance of the 
    Administrator may specify average vehicle occupancy rates which vary 
    for locations within a nonattainment area (suburban, center city, 
    business district) or among nonattainment areas reflecting existing 
    occupancy rates and the availability of high occupancy modes. Any 
    State required to submit a revision under this subparagraph (as in 
    effect before December 23, 1995) containing provisions requiring 
    employers to reduce work-related vehicle trips and miles travelled 
    by employees may, in accordance with State law, remove such 
    provisions from the implementation plan, or withdraw its submission, 
    if the State notifies the Administrator, in writing, that the State 
    has undertaken, or will undertake, one or more alternative methods 
    that will achieve emission reductions equivalent to those to be 
    achieved by the removed or withdrawn provisions.

                       (2) Offset requirement

        For purposes of satisfying the offset requirements pursuant to 
    this part, the ratio of total emission reductions of VOCs to total 
    increased emissions of such air pollutant shall be at least 1.3 to 
    1, except that if the State plan requires all existing major sources 
    in the nonattainment area to use best available control technology 
    (as defined in section 7479(3) of this title) for the control of 
    volatile organic compounds, the ratio shall be at least 1.2 to 1.

                 (3) Enforcement under section 7511d

        By December 31, 2000, the State shall submit a plan revision 
    which includes the provisions required under section 7511d of this 
    title.

Any reference to the term ``attainment date'' in subsection (b) or (c) 
of this section, which is incorporated by reference into this subsection 
(d), shall refer to the attainment date for Severe Areas.

(e) Extreme Areas

    Each State in which all or part of an Extreme Area is located shall, 
with respect to the Extreme Area, make the submissions described under 
subsection (d) of this section (relating to Severe Areas), and shall 
also submit the revisions to the applicable implementation plan 
(including the plan items) described under this subsection. The 
provisions of clause (ii) of subsection (c)(2)(B) of this section 
(relating to reductions of less than 3 percent), the provisions of 
paragaphs \5\ (6), (7) and (8) of subsection (c) of this section 
(relating to de minimus rule and modification of sources), and the 
provisions of clause (ii) of subsection (b)(1)(A) of this section 
(relating to reductions of less than 15 percent) shall not apply in the 
case of an Extreme Area. For any Extreme Area, the terms ``major 
source'' and ``major stationary source'' includes (in addition to the 
sources described in section 7602 of this title) any stationary source 
or group of sources located within a contiguous area and under common 
control that emits, or has the potential to emit, at least 10 tons per 
year of volatile organic compounds.
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    \5\ So in original. Probably should be ``paragraphs''.
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                       (1) Offset requirement

        For purposes of satisfying the offset requirements pursuant to 
    this part, the ratio of total emission reductions of VOCs to total 
    increased emissions of such air pollutant shall be at least 1.5 to 
    1, except that if the State plan requires all existing major sources 
    in the nonattainment area to use best available control technology 
    (as defined in section 7479(3) of this title) for the control of 
    volatile organic compounds, the ratio shall be at least 1.2 to 1.

                          (2) Modifications

        Any change (as described in section 7411(a)(4) of this title) at 
    a major stationary source which results in any increase in emissions 
    from any discrete operation, unit, or other pollutant emitting 
    activity at the source shall be considered a modification for 
    purposes of section 7502(c)(5) of this title and section 7503(a) of 
    this title, except that for purposes of complying with the offset 
    requirement pursuant to section 7503(a)(1) of this title, any such 
    increase shall not be considered a modification if the owner or 
    operator of the source elects to offset the increase by a greater 
    reduction in emissions of the air pollutant concerned from other 
    discrete operations, units, or activities within the source at an 
    internal offset ratio of at least 1.3 to 1. The offset requirements 
    of this part shall not be applicable in Extreme Areas to a 
    modification of an existing source if such modification consists of 
    installation of equipment required to comply with the applicable 
    implementation plan, permit, or this chapter.

        (3) Use of clean fuels or advanced control technology

        For Extreme Areas, a plan revision shall be submitted within 3 
    years after November 15, 1990, to require, effective 8 years after 
    November 15, 1990, that each new, modified, and existing electric 
    utility and industrial and commercial boiler which emits more than 
    25 tons per year of oxides of nitrogen--
            (A) burn as its primary fuel natural gas, methanol, or 
        ethanol (or a comparably low polluting fuel), or
            (B) use advanced control technology (such as catalytic 
        control technology or other comparably effective control 
        methods) for reduction of emissions of oxides of nitrogen.

    For purposes of this subsection, the term ``primary fuel'' means the 
    fuel which is used 90 percent or more of the operating time. This 
    paragraph shall not apply during any natural gas supply emergency 
    (as defined in title III of the Natural Gas Policy Act of 1978 [15 
    U.S.C. 3361 et seq.]).

       (4) Traffic control measures during heavy traffic hours

        For Extreme Areas, each implementation plan revision under this 
    subsection may contain provisions establishing traffic control 
    measures applicable during heavy traffic hours to reduce the use of 
    high polluting vehicles or heavy-duty vehicles, notwithstanding any 
    other provision of law.

                        (5) New technologies

        The Administrator may, in accordance with section 7410 of this 
    title, approve provisions of an implementation plan for an Extreme 
    Area which anticipate development of new control techniques or 
    improvement of existing control technologies, and an attainment 
    demonstration based on such provisions, if the State demonstrates to 
    the satisfaction of the Administrator that--
            (A) such provisions are not necessary to achieve the 
        incremental emission reductions required during the first 10 
        years after November 15, 1990; and
            (B) the State has submitted enforceable commitments to 
        develop and adopt contingency measures to be implemented as set 
        forth herein if the anticipated technologies do not achieve 
        planned reductions.

    Such contingency measures shall be submitted to the Administrator no 
    later than 3 years before proposed implementation of the plan 
    provisions and approved or disapproved by the Administrator in 
    accordance with section 7410 of this title. The contingency measures 
    shall be adequate to produce emission reductions sufficient, in 
    conjunction with other approved plan provisions, to achieve the 
    periodic emission reductions required by subsection (b)(1) or (c)(2) 
    of this section and attainment by the applicable dates. If the 
    Administrator determines that an Extreme Area has failed to achieve 
    an emission reduction requirement set forth in subsection (b)(1) or 
    (c)(2) of this section, and that such failure is due in whole or 
    part to an inability to fully implement provisions approved pursuant 
    to this subsection, the Administrator shall require the State to 
    implement the contingency measures to the extent necessary to assure 
    compliance with subsections (b)(1) and (c)(2) of this section.

Any reference to the term ``attainment date'' in subsection (b), (c), or 
(d) of this section which is incorporated by reference into this 
subsection, shall refer to the attainment date for Extreme Areas.

(f) NO<INF>x</INF> requirements

    (1) The plan provisions required under this subpart for major 
stationary sources of volatile organic compounds shall also apply to 
major stationary sources (as defined in section 7602 of this title and 
subsections (c), (d), and (e) of this section) of oxides of nitrogen. 
This subsection shall not apply in the case of oxides of nitrogen for 
those sources for which the Administrator determines (when the 
Administrator approves a plan or plan revision) that net air quality 
benefits are greater in the absence of reductions of oxides of nitrogen 
from the sources concerned. This subsection shall also not apply in the 
case of oxides of nitrogen for--
        (A) nonattainment areas not within an ozone transport region 
    under section 7511c of this title, if the Administrator determines 
    (when the Administrator approves a plan or plan revision) that 
    additional reductions of oxides of nitrogen would not contribute to 
    attainment of the national ambient air quality standard for ozone in 
    the area, or
        (B) nonattainment areas within such an ozone transport region if 
    the Administrator determines (when the Administrator approves a plan 
    or plan revision) that additional reductions of oxides of nitrogen 
    would not produce net ozone air quality benefits in such region.

The Administrator shall, in the Administrator's determinations, consider 
the study required under section 7511f of this title.
    (2)(A) If the Administrator determines that excess reductions in 
emissions of NO<INF>x</INF> would be achieved under paragraph (1), the 
Administrator may limit the application of paragraph (1) to the extent 
necessary to avoid achieving such excess reductions.
    (B) For purposes of this paragraph, excess reductions in emissions 
of NO<INF>x</INF> are emission reductions for which the Administrator 
determines that net air quality benefits are greater in the absence of 
such reductions. Alternatively, for purposes of this paragraph, excess 
reductions in emissions of NO<INF>x</INF> are, for--
        (i) nonattainment areas not within an ozone transport region 
    under section 7511c of this title, emission reductions that the 
    Administrator determines would not contribute to attainment of the 
    national ambient air quality standard for ozone in the area, or
        (ii) nonattainment areas within such ozone transport region, 
    emission reductions that the Administrator determines would not 
    produce net ozone air quality benefits in such region.

    (3) At any time after the final report under section 7511f of this 
title is submitted to Congress, a person may petition the Administrator 
for a determination under paragraph (1) or (2) with respect to any 
nonattainment area or any ozone transport region under section 7511c of 
this title. The Administrator shall grant or deny such petition within 6 
months after its filing with the Administrator.

(g) Milestones

                     (1) Reductions in emissions

        6 years after November 15, 1990, and at intervals of every 3 
    years thereafter, the State shall determine whether each 
    nonattainment area (other than an area classified as Marginal or 
    Moderate) has achieved a reduction in emissions during the preceding 
    intervals equivalent to the total emission reductions required to be 
    achieved by the end of such interval pursuant to subsection (b)(1) 
    of this section and the corresponding requirements of subsections 
    (c)(2)(B) and (C), (d), and (e) of this section. Such reduction 
    shall be referred to in this section as an applicable milestone.

                    (2) Compliance demonstration

        For each nonattainment area referred to in paragraph (1), not 
    later than 90 days after the date on which an applicable milestone 
    occurs (not including an attainment date on which a milestone occurs 
    in cases where the standard has been attained), each State in which 
    all or part of such area is located shall submit to the 
    Administrator a demonstration that the milestone has been met. A 
    demonstration under this paragraph shall be submitted in such form 
    and manner, and shall contain such information and analysis, as the 
    Administrator shall require, by rule. The Administrator shall 
    determine whether or not a State's demonstration is adequate within 
    90 days after the Administrator's receipt of a demonstration which 
    contains the information and analysis required by the Administrator.

            (3) Serious and Severe Areas; State election

        If a State fails to submit a demonstration under paragraph (2) 
    for any Serious or Severe Area within the required period or if the 
    Administrator determines that the area has not met any applicable 
    milestone, the State shall elect, within 90 days after such failure 
    or determination--
            (A) to have the area reclassified to the next higher 
        classification,
            (B) to implement specific additional measures adequate, as 
        determined by the Administrator, to meet the next milestone as 
        provided in the applicable contingency plan, or
            (C) to adopt an economic incentive program as described in 
        paragraph (4).

    If the State makes an election under subparagraph (B), the 
    Administrator shall, within 90 days after the election, review such 
    plan and shall, if the Administrator finds the contingency plan 
    inadequate, require further measures necessary to meet such 
    milestone. Once the State makes an election, it shall be deemed 
    accepted by the Administrator as meeting the election requirement. 
    If the State fails to make an election required under this paragraph 
    within the required 90-day period or within 6 months thereafter, the 
    area shall be reclassified to the next higher classification by 
    operation of law at the expiration of such 6-month period. Within 12 
    months after the date required for the State to make an election, 
    the State shall submit a revision of the applicable implementation 
    plan for the area that meets the requirements of this paragraph. The 
    Administrator shall review such plan revision and approve or 
    disapprove the revision within 9 months after the date of its 
    submission.

                   (4) Economic incentive program

        (A) An economic incentive program under this paragraph shall be 
    consistent with rules published by the Administrator and sufficient, 
    in combination with other elements of the State plan, to achieve the 
    next milestone. The State program may include a nondiscriminatory 
    system, consistent with applicable law regarding interstate 
    commerce, of State established emissions fees or a system of 
    marketable permits, or a system of State fees on sale or manufacture 
    of products the use of which contributes to ozone formation, or any 
    combination of the foregoing or other similar measures. The program 
    may also include incentives and requirements to reduce vehicle 
    emissions and vehicle miles traveled in the area, including any of 
    the transportation control measures identified in section 7408(f) of 
    this title.
        (B) Within 2 years after November 15, 1990, the Administrator 
    shall publish rules for the programs to be adopted pursuant to 
    subparagraph (A). Such rules shall include model plan provisions 
    which may be adopted for reducing emissions from permitted 
    stationary sources, area sources, and mobile sources. The guidelines 
    shall require that any revenues generated by the plan provisions 
    adopted pursuant to subparagraph (A) shall be used by the State for 
    any of the following:
            (i) Providing incentives for achieving emission reductions.
            (ii) Providing assistance for the development of innovative 
        technologies for the control of ozone air pollution and for the 
        development of lower-polluting solvents and surface coatings. 
        Such assistance shall not provide for the payment of more than 
        75 percent of either the costs of any project to develop such a 
        technology or the costs of development of a lower-polluting 
        solvent or surface coating.
            (iii) Funding the administrative costs of State programs 
        under this chapter. Not more than 50 percent of such revenues 
        may be used for purposes of this clause.

                          (5) Extreme Areas

        If a State fails to submit a demonstration under paragraph (2) 
    for any Extreme Area within the required period, or if the 
    Administrator determines that the area has not met any applicable 
    milestone, the State shall, within 9 months after such failure or 
    determination, submit a plan revision to implement an economic 
    incentive program which meets the requirements of paragraph (4). The 
    Administrator shall review such plan revision and approve or 
    disapprove the revision within 9 months after the date of its 
    submission.

(h) Rural transport areas

    (1) Notwithstanding any other provision of section 7511 of this 
title or this section, a State containing an ozone nonattainment area 
that does not include, and is not adjacent to, any part of a 
Metropolitan Statistical Area or, where one exists, a Consolidated 
Metropolitan Statistical Area (as defined by the United States Bureau of 
the Census), which area is treated by the Administrator, in the 
Administrator's discretion, as a rural transport area within the meaning 
of paragraph (2), shall be treated by operation of law as satisfying the 
requirements of this section if it makes the submissions required under 
subsection (a) of this section (relating to marginal areas).
    (2) The Administrator may treat an ozone nonattainment area as a 
rural transport area if the Administrator finds that sources of VOC 
(and, where the Administrator determines relevant, NO<INF>x</INF>) 
emissions within the area do not make a significant contribution to the 
ozone concentrations measured in the area or in other areas.

(i) Reclassified areas

    Each State containing an ozone nonattainment area reclassified under 
section 7511(b)(2) of this title shall meet such requirements of 
subsections (b) through (d) of this section as may be applicable to the 
area as reclassified, according to the schedules prescribed in 
connection with such requirements, except that the Administrator may 
adjust any applicable deadlines (other than attainment dates) to the 
extent such adjustment is necessary or appropriate to assure consistency 
among the required submissions.

(j) Multi-State ozone nonattainment areas

                    (1) Coordination among States

        Each State in which there is located a portion of a single ozone 
    nonattainment area which covers more than one State (hereinafter in 
    this section referred to as a ``multi-State ozone nonattainment 
    area'') shall--
            (A) take all reasonable steps to coordinate, substantively 
        and procedurally, the revisions and implementation of State 
        implementation plans applicable to the nonattainment area 
        concerned; and
            (B) use photochemical grid modeling or any other analytical 
        method determined by the Administrator, in his discretion, to be 
        at least as effective.

    The Administrator may not approve any revision of a State 
    implementation plan submitted under this part for a State in which 
    part of a multi-State ozone nonattainment area is located if the 
    plan revision for that State fails to comply with the requirements 
    of this subsection.

                (2) Failure to demonstrate attainment

        If any State in which there is located a portion of a multi-
    State ozone nonattainment area fails to provide a demonstration of 
    attainment of the national ambient air quality standard for ozone in 
    that portion within the required period, the State may petition the 
    Administrator to make a finding that the State would have been able 
    to make such demonstration but for the failure of one or more other 
    States in which other portions of the area are located to commit to 
    the implementation of all measures required under this section 
    (relating to plan submissions and requirements for ozone 
    nonattainment areas). If the Administrator makes such finding, the 
    provisions of section 7509 of this title (relating to sanctions) 
    shall not apply, by reason of the failure to make such 
    demonstration, in the portion of the multi-State ozone nonattainment 
    area within the State submitting such petition.

(July 14, 1955, ch. 360, title I, Sec. 182, as added Pub. L. 101-549, 
title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2426; amended Pub. L. 104-
70, Sec. 1, Dec. 23, 1995, 109 Stat. 773.)

                       References in Text

    The Natural Gas Policy Act of 1978, referred to in subsec. (e)(3), 
is Pub. L. 95-621, Nov. 9, 1978, 92 Stat. 3350, as amended. Title III of 
the Act is classified generally to subchapter III (Sec. 3361 et seq.) of 
chapter 60 of Title 15, Commerce and Trade. For complete classification 
of this Act to the Code, see Short Title note set out under section 3301 
of Title 15 and Tables.


                               Amendments

    1995--Subsec. (d)(1)(B). Pub. L. 104-70 amended subpar. (B) 
generally. Prior to amendment, subpar. (B) read as follows: ``Within 2 
years after November 15, 1990, the State shall submit a revision 
requiring employers in such area to implement programs to reduce work-
related vehicle trips and miles traveled by employees. Such revision 
shall be developed in accordance with guidance issued by the 
Administrator pursuant to section 7408(f) of this title and shall, at a 
minimum, require that each employer of 100 or more persons in such area 
increase average passenger occupancy per vehicle in commuting trips 
between home and the workplace during peak travel periods by not less 
than 25 percent above the average vehicle occupancy for all such trips 
in the area at the time the revision is submitted. The guidance of the 
Administrator may specify average vehicle occupancy rates which vary for 
locations within a nonattainment area (suburban, center city, business 
district) or among nonattainment areas reflecting existing occupancy 
rates and the availability of high occupancy modes. The revision shall 
provide that each employer subject to a vehicle occupancy requirement 
shall submit a compliance plan within 2 years after the date the 
revision is submitted which shall convincingly demonstrate compliance 
with the requirements of this paragraph not later than 4 years after 
such date.''


          Moratorium on Certain Emissions Testing Requirements

    Pub. L. 104-59, title III, Sec. 348, Nov. 28, 1995, 109 Stat. 617, 
provided that:
    ``(a) In General.--The Administrator of the Environmental Protection 
Agency (hereinafter in this section referred to as the `Administrator') 
shall not require adoption or implementation by a State of a test-only 
I/M240 enhanced vehicle inspection and maintenance program as a means of 
compliance with section 182 or 187 of the Clean Air Act (42 U.S.C. 
7511a; 7512a), but the Administrator may approve such a program if a 
State chooses to adopt the program as a means of compliance with such 
section.
    ``(b) Limitation on Plan Disapproval.--The Administrator shall not 
disapprove or apply an automatic discount to a State implementation plan 
revision under section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a; 
7512a) on the basis of a policy, regulation, or guidance providing for a 
discount of emissions credits because the inspection and maintenance 
program in such plan revision is decentralized or a test-and-repair 
program.
    ``(c) Emissions Reduction Credits.--
        ``(1) State plan revision; approval.--Within 120 days of the 
    date of the enactment of this subsection [Nov. 28, 1995], a State 
    may submit an implementation plan revision proposing an interim 
    inspection and maintenance program under section 182 or 187 of the 
    Clean Air Act (42 U.S.C. 7511a; 7512a). The Administrator shall 
    approve the program based on the full amount of credits proposed by 
    the State for each element of the program if the proposed credits 
    reflect good faith estimates by the State and the revision is 
    otherwise in compliance with such Act. If, within such 120-day 
    period, the State submits to the Administrator proposed revisions to 
    the implementation plan, has all of the statutory authority 
    necessary to implement the revisions, and has proposed a regulation 
    to make the revisions, the Administrator may approve the revisions 
    without regard to whether or not such regulation has been issued as 
    a final regulation by the State.
        ``(2) Expiration of interim approval.--The interim approval 
    shall expire on the earlier of (A) the last day of the 18-month 
    period beginning on the date of the interim approval, or (B) the 
    date of final approval. The interim approval may not be extended.
        ``(3) Final approval.--The Administrator shall grant final 
    approval of the revision based on the credits proposed by the State 
    during or after the period of interim approval if data collected on 
    the operation of the State program demonstrates that the credits are 
    appropriate and the revision is otherwise in compliance with the 
    Clean Air Act [42 U.S.C. 7401 et seq.].
        ``(4) Basis of approval; no automatic discount.--Any 
    determination with respect to interim or full approval shall be 
    based on the elements of the program and shall not apply any 
    automatic discount because the program is decentralized or a test-
    and-repair program.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7504, 7506, 7511, 7511c, 
7511d, 7512a, 7521 of this title.
