
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: 42USC7512a]

 
                 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 3--additional provisions for carbon monoxide nonattainment areas
 
Sec. 7512a. Plan submissions and requirements


(a) Moderate Areas

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

                            (1) Inventory

        No later than 2 years from 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)(A) Vehicle miles traveled

        No later than 2 years after November 15, 1990, for areas with a 
    design value above 12.7 ppm at the time of classification, the plan 
    revision shall contain a forecast of vehicle miles traveled in the 
    nonattainment area concerned for each year before the year in which 
    the plan projects the national ambient air quality standard for 
    carbon monoxide to be attained in the area. The forecast shall be 
    based on guidance which shall be published by the Administrator, in 
    consultation with the Secretary of Transportation, within 6 months 
    after November 15, 1990. The plan revision shall provide for annual 
    updates of the forecasts to be submitted to the Administrator 
    together with annual reports regarding the extent to which such 
    forecasts proved to be accurate. Such annual reports shall contain 
    estimates of actual vehicle miles traveled in each year for which a 
    forecast was required.

                     (B) Special rule for Denver

        Within 2 years after November 15, 1990, in the case of Denver, 
    the State shall submit a revision that includes the transportation 
    control measures as required in section 7511a(d)(1)(A) of this title 
    except that such revision shall be for the purpose of reducing CO 
    emissions rather than volatile organic compound emissions. If the 
    State fails to include any such measure, the implementation plan 
    shall contain an explanation of why such measure was not adopted and 
    what emissions reduction measure was adopted to provide a comparable 
    reduction in emissions, or reasons why such reduction is not 
    necessary to attain the national primary ambient air quality 
    standard for carbon monoxide.

                     (3) Contingency provisions

        No later than 2 years after November 15, 1990, for areas with a 
    design value above 12.7 ppm at the time of classification, the plan 
    revision shall provide for the implementation of specific measures 
    to be undertaken if any estimate of vehicle miles traveled in the 
    area which is submitted in an annual report under paragraph (2) 
    exceeds the number predicted in the most recent prior forecast or if 
    the area fails to attain the national primary ambient air quality 
    standard for carbon monoxide by the primary standard attainment 
    date. Such measures shall be included in the plan revision as 
    contingency measures to take effect without further action by the 
    State or the Administrator if the prior forecast has been exceeded 
    by an updated forecast or if the national standard is not attained 
    by such deadline.

     (4) Savings clause for vehicle inspection and maintenance 
                 provisions of the State implementation plan

        Immediately after November 15, 1990, for any Moderate Area (or, 
    within the Administrator's discretion, portion thereof), the plan 
    for which is of the type described in section 7511a(a)(2)(B) of this 
    title any provisions necessary to ensure that the applicable 
    implementation plan includes the vehicle inspection and maintenance 
    program described in section 7511a(a)(2)(B) of this title.

                       (5) Periodic inventory

        No later than September 30, 1995, and no later than the end of 
    each 3 year period thereafter, until the area is redesignated to 
    attainment, a revised inventory meeting the requirements of 
    subsection (a)(1) of this section.

           (6) Enhanced vehicle inspection and maintenance

        No later than 2 years after November 15, 1990, in the case of 
    Moderate Areas with a design value greater than 12.7 ppm at the time 
    of classification, a revision that includes provisions for an 
    enhanced vehicle inspection and maintenance program as required in 
    section 7511a(c)(3) of this title (concerning serious ozone 
    nonattainment areas), except that such program shall be for the 
    purpose of reducing carbon monoxide rather than hydrocarbon 
    emissions.

     (7) Attainment demonstration and specific annual emission 
                                 reductions

        In the case of Moderate Areas with a design value greater than 
    12.7 ppm at the time of classification, no later than 2 years after 
    November 15, 1990, a revision to provide, and a demonstration that 
    the plan as revised will provide, for attainment of the carbon 
    monoxide NAAQS by the applicable attainment date and provisions for 
    such specific annual emission reductions as are necessary to attain 
    the standard by that date.

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. In the case of Moderate Areas with a 
design value of 12.7 ppm or lower at the time of classification, 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 carbon monoxide standard by the 
applicable attainment date.

(b) Serious Areas

                           (1) In general

        Each State in which all or part of a Serious Area is located 
    shall, with respect to the Serious Area, make the submissions (other 
    than those required under subsection (a)(1)(B) \1\ of this section) 
    applicable under subsection (a) of this section to Moderate Areas 
    with a design value of 12.7 ppm or greater at the time of 
    classification, and shall also submit the revision and other items 
    described under this subsection.
---------------------------------------------------------------------------
    \1\ So in original. Subsec. (a)(1) of this section does not contain 
a subpar. (B).
---------------------------------------------------------------------------

                     (2) Vehicle miles traveled

        Within 2 years after November 15, 1990, the State shall submit a 
    revision that includes the transportation control measures as 
    required in section 7511a(d)(1) of this title except that such 
    revision shall be for the purpose of reducing CO emissions rather 
    than volatile organic compound emissions. In the case of any such 
    area (other than an area in New York State) which is a covered area 
    (as defined in section 7586(a)(2)(B) of this title) for purposes of 
    the Clean Fuel Fleet program under part C of subchapter II of this 
    chapter, if the State fails to include any such measure, the 
    implementation plan shall contain an explanation of why such measure 
    was not adopted and what emissions reduction measure was adopted to 
    provide a comparable reduction in emissions, or reasons why such 
    reduction is not necessary to attain the national primary ambient 
    air quality standard for carbon monoxide.

                       (3) Oxygenated gasoline

        (A) Within 2 years after November 15, 1990, the State shall 
    submit a revision to require that gasoline sold, supplied, offered 
    for sale or supply, dispensed, transported or introduced into 
    commerce in the larger of--
            (i) the Consolidated Metropolitan Statistical Area (as 
        defined by the United States Office of Management and Budget) 
        (CMSA) in which the area is located, or
            (ii) if the area is not located in a CMSA, the Metropolitan 
        Statistical Area (as defined by the United States Office of 
        Management and Budget) in which the area is located,

    be blended, during the portion of the year in which the area is 
    prone to high ambient concentrations of carbon monoxide (as 
    determined by the Administrator), with fuels containing such level 
    of oxygen as is necessary, in combination with other measures, to 
    provide for attainment of the carbon monoxide national ambient air 
    quality standard by the applicable attainment date and maintenance 
    of the national ambient air quality standard thereafter in the area. 
    The revision shall provide that such requirement shall take effect 
    no later than October 1, 1993, and shall include a program for 
    implementation and enforcement of the requirement consistent with 
    guidance to be issued by the Administrator.
        (B) Notwithstanding subparagraph (A), the revision described in 
    this paragraph shall not be required for an area if the State 
    demonstrates to the satisfaction of the Administrator that the 
    revision is not necessary to provide for attainment of the carbon 
    monoxide national ambient air quality standard by the applicable 
    attainment date and maintenance of the national ambient air quality 
    standard thereafter in the area.

(c) Areas with significant stationary source emissions of CO

                          (1) Serious Areas

        In the case of Serious Areas in which stationary sources 
    contribute significantly to carbon monoxide levels (as determined 
    under rules issued by the Administrator), the State shall submit a 
    plan revision within 2 years after November 15, 1990, which provides 
    that the term ``major stationary source'' includes (in addition to 
    the sources described in section 7602 of this title) any stationary 
    source which emits, or has the potential to emit, 50 tons per year 
    or more of carbon monoxide.

                    (2) Waivers for certain areas

        The Administrator may, on a case-by-case basis, waive any 
    requirements that pertain to transportation controls, inspection and 
    maintenance, or oxygenated fuels where the Administrator determines 
    by rule that mobile sources of carbon monoxide do not contribute 
    significantly to carbon monoxide levels in the area.

                           (3) Guidelines

        Within 6 months after November 15, 1990, the Administrator shall 
    issue guidelines for and rules determining whether stationary 
    sources contribute significantly to carbon monoxide levels in an 
    area.

(d) CO milestone

                     (1) Milestone demonstration

        By March 31, 1996, each State in which all or part of a Serious 
    Area is located shall submit to the Administrator a demonstration 
    that the area has achieved a reduction in emissions of CO equivalent 
    to the total of the specific annual emission reductions required by 
    December 31, 1995. Such reductions shall be referred to in this 
    subsection as the milestone.

                    (2) Adequacy of demonstration

        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. 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) Failure to meet emission reduction milestone

        If a State fails to submit a demonstration under paragraph (1) 
    within the required period, or if the Administrator notifies the 
    State that the State has not met the milestone, the State shall, 
    within 9 months after such a failure or notification, submit a plan 
    revision to implement an economic incentive and transportation 
    control program as described in section 7511a(g)(4) of this title. 
    Such revision shall be sufficient to achieve the specific annual 
    reductions in carbon monoxide emissions set forth in the plan by the 
    attainment date.

(e) Multi-State CO nonattainment areas

                    (1) Coordination among States

        Each State in which there is located a portion of a single 
    nonattainment area for carbon monoxide which covers more than one 
    State (``multi-State nonattainment area'') shall take all reasonable 
    steps to coordinate, substantively and procedurally, the revisions 
    and implementation of State implementation plans applicable to the 
    nonattainment area concerned. 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 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 nonattainment area fails to provide a demonstration of 
    attainment of the national ambient air quality standard for carbon 
    monoxide in that portion within the period required under this part 
    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 for carbon 
    monoxide nonattainment areas). If the Administrator makes such 
    finding, in the portion of the nonattainment area within the State 
    submitting such petition, no sanction shall be imposed under section 
    7509 of this title or under any other provision of this chapter, by 
    reason of the failure to make such demonstration.

(f) Reclassified areas

    Each State containing a carbon monoxide nonattainment area 
reclassified under section 7512(b)(2) of this title shall meet the 
requirements of subsection (b) 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 the attainment date) where 
such deadlines are shown to be infeasible.

(g) Failure of Serious Area to attain standard

    If the Administrator determines under section 7512(b)(2) of this 
title that the national primary ambient air quality standard for carbon 
monoxide has not been attained in a Serious Area by the applicable 
attainment date, the State shall submit a plan revision for the area 
within 9 months after the date of such determination. The plan revision 
shall provide that a program of incentives and requirements as described 
in section 7511a(g)(4) of this title shall be applicable in the area, 
and such program, in combination with other elements of the revised 
plan, shall be adequate to reduce the total tonnage of emissions of 
carbon monoxide in the area by at least 5 percent per year in each year 
after approval of the plan revision and before attainment of the 
national primary ambient air quality standard for carbon monoxide.

(July 14, 1955, ch. 360, title I, Sec. 187, as added Pub. L. 101-549, 
title I, Sec. 104, Nov. 15, 1990, 104 Stat. 2454.)


          Moratorium on Certain Emissions Testing Requirements

    For provisions prohibiting Administrator of Environmental Protection 
Agency from requiring adoption or implementation by State of test-only 
I/M240 enhanced vehicle inspection and maintenance program as means of 
compliance with this section, with further provisions relating to plan 
disapproval and emissions reduction credits, see section 348 of Pub. L. 
104-59, set out as a note under section 7511a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7504, 7506, 7512 of this 
title.
