
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: 42USC7513a]

 
                 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 4--additional provisions for particulate matter nonattainment 
                                  areas
 
Sec. 7513a. Plan provisions and schedules for plan submissions


(a) Moderate Areas

                         (1) Plan provisions

        Each State in which all or part of a Moderate Area is located 
    shall submit, according to the applicable schedule under paragraph 
    (2), an implementation plan that includes each of the following:
            (A) For the purpose of meeting the requirements of section 
        7502(c)(5) of this title, a permit program providing that 
        permits meeting the requirements of section 7503 of this title 
        are required for the construction and operation of new and 
        modified major stationary sources of PM-10.
            (B) Either (i) a demonstration (including air quality 
        modeling) that the plan will provide for attainment by the 
        applicable attainment date; or (ii) a demonstration that 
        attainment by such date is impracticable.
            (C) Provisions to assure that reasonably available control 
        measures for the control of PM-10 shall be implemented no later 
        than December 10, 1993, or 4 years after designation in the case 
        of an area classified as moderate after November 15, 1990.

                  (2) Schedule for plan submissions

        A State shall submit the plan required under subparagraph (1) no 
    later than the following:
            (A) Within 1 year of November 15, 1990, for areas designated 
        nonattainment under section 7407(d)(4) of this title, except 
        that the provision required under subparagraph (1)(A) shall be 
        submitted no later than June 30, 1992.
            (B) 18 months after the designation as nonattainment, for 
        those areas designated nonattainment after the designations 
        prescribed under section 7407(d)(4) of this title.

(b) Serious Areas

                         (1) Plan provisions

        In addition to the provisions submitted to meet the requirements 
    of paragraph \1\ (a)(1) (relating to Moderate Areas), each State in 
    which all or part of a Serious Area is located shall submit an 
    implementation plan for such area that includes each of the 
    following:
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    \1\ So in original. Probably should be ``subsection''.
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            (A) A demonstration (including air quality modeling)--
                (i) that the plan provides for attainment of the PM-10 
            national ambient air quality standard by the applicable 
            attainment date, or
                (ii) for any area for which the State is seeking, 
            pursuant to section 7513(e) of this title, an extension of 
            the attainment date beyond the date set forth in section 
            7513(c) of this title, that attainment by that date would be 
            impracticable, and that the plan provides for attainment by 
            the most expeditious alternative date practicable.

            (B) Provisions to assure that the best available control 
        measures for the control of PM-10 shall be implemented no later 
        than 4 years after the date the area is classified (or 
        reclassified) as a Serious Area.

                  (2) Schedule for plan submissions

        A State shall submit the demonstration required for an area 
    under paragraph (1)(A) no later than 4 years after reclassification 
    of the area to Serious, except that for areas reclassified under 
    section 7513(b)(2) of this title, the State shall submit the 
    attainment demonstration within 18 months after reclassification to 
    Serious. A State shall submit the provisions described under 
    paragraph (1)(B) no later than 18 months after reclassification of 
    the area as a Serious Area.

                          (3) Major sources

        For any Serious Area, the terms ``major source'' and ``major 
    stationary source'' include any stationary source or group of 
    stationary sources located within a contiguous area and under common 
    control that emits, or has the potential to emit, at least 70 tons 
    per year of PM-10.

(c) Milestones

    (1) Plan revisions demonstrating attainment submitted to the 
Administrator for approval under this subpart shall contain quantitative 
milestones which are to be achieved every 3 years until the area is 
redesignated attainment and which demonstrate reasonable further 
progress, as defined in section 7501(1) of this title, toward attainment 
by the applicable date.
    (2) Not later than 90 days after the date on which a milestone 
applicable to the area occurs, each State in which all or part of such 
area is located shall submit to the Administrator a demonstration that 
all measures in the plan approved under this section have been 
implemented and that the milestone has been met. A demonstration under 
this subsection 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 under this subsection is adequate within 90 days after the 
Administrator's receipt of a demonstration which contains the 
information and analysis required by the Administrator.
    (3) If a State fails to submit a demonstration under paragraph (2) 
with respect to a milestone within the required period or if the 
Administrator determines that the area has not met any applicable 
milestone, the Administrator shall require the State, within 9 months 
after such failure or determination to submit a plan revision that 
assures that the State will achieve the next milestone (or attain the 
national ambient air quality standard for PM-10, if there is no next 
milestone) by the applicable date.

(d) Failure to attain

    In the case of a Serious PM-10 nonattainment area in which the PM-10 
standard is not attained by the applicable attainment date, the State in 
which such area is located shall, after notice and opportunity for 
public comment, submit within 12 months after the applicable attainment 
date, plan revisions which provide for attainment of the PM-10 air 
quality standard and, from the date of such submission until attainment, 
for an annual reduction in PM-10 or PM-10 precursor emissions within the 
area of not less than 5 percent of the amount of such emissions as 
reported in the most recent inventory prepared for such area.

(e) PM-10 precursors

    The control requirements applicable under plans in effect under this 
part for major stationary sources of PM-10 shall also apply to major 
stationary sources of PM-10 precursors, except where the Administrator 
determines that such sources do not contribute significantly to PM-10 
levels which exceed the standard in the area. The Administrator shall 
issue guidelines regarding the application of the preceding sentence.

(July 14, 1955, ch. 360, title I, Sec. 189, as added Pub. L. 101-549, 
title I, Sec. 105(a), Nov. 15, 1990, 104 Stat. 2460.)
