42 U.S.C. § 7509a — International border areas

Page 7285 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7509a 1 So in original. Probably should be ‘‘this’’. other appropriate data submitted by the State, that the principal purpose of the project is an improvement in safety to resolve a demonstrated safety problem and likely will result in a significant reduction in, or avoid- ance of, accidents. Such prohibition shall be- come effective upon the selection by the Ad- ministrator of this sanction. (B) In addition to safety, projects or grants that may be approved by the Secretary, not- withstanding the prohibition in subparagraph (A), are the following— (i) capital programs for public transit; (ii) construction or restriction of certain roads or lanes solely for the use of passenger buses or high occupancy vehicles; (iii) planning for requirements for employ- ers to reduce employee work-trip-related ve- hicle emissions; (iv) highway ramp metering, traffic sig- nalization, and related programs that im- prove traffic flow and achieve a net emission reduction; (v) fringe and transportation corridor parking facilities serving multiple occu- pancy vehicle programs or transit oper- ations; (vi) programs to limit or restrict vehicle use in downtown areas or other areas of emission concentration particularly during periods of peak use, through road use charges, tolls, parking surcharges, or other pricing mechanisms, vehicle restricted zones or periods, or vehicle registration programs; (vii) programs for breakdown and accident scene management, nonrecurring conges- tion, and vehicle information systems, to re- duce congestion and emissions; and (viii) such other transportation-related programs as the Administrator, in consulta- tion with the Secretary of Transportation, finds would improve air quality and would not encourage single occupancy vehicle ca- pacity. In considering such measures, the State should seek to ensure adequate access to downtown, other commercial, and residential areas, and avoid increasing or relocating emis- sions and congestion rather than reducing them. (2) Offsets In applying the emissions offset require- ments of section 7503 of this title to new or modified sources or emissions units for which a permit is required under this part, the ratio of emission reductions to increased emissions shall be at least 2 to 1. (c) Notice of failure to attain (1) As expeditiously as practicable after the applicable attainment date for any nonattain- ment area, but not later than 6 months after such date, the Administrator shall determine, based on the area’s air quality as of the attain- ment date, whether the area attained the stand- ard by that date. (2) Upon making the determination under paragraph (1), the Administrator shall publish a notice in the Federal Register containing such determination and identifying each area that the Administrator has determined to have failed to attain. The Administrator may revise or sup- plement such determination at any time based on more complete information or analysis con- cerning the area’s air quality as of the attain- ment date. (d) Consequences for failure to attain (1) Within 1 year after the Administrator pub- lishes the notice under subsection (c)(2) (relat- ing to notice of failure to attain), each State containing a nonattainment area shall submit a revision to the applicable implementation plan meeting the requirements of paragraph (2) of this subsection. (2) The revision required under paragraph (1) shall meet the requirements of section 7410 of this title and section 7502 of this title. In addi- tion, the revision shall include such additional measures as the Administrator may reasonably prescribe, including all measures that can be feasibly implemented in the area in light of technological achievability, costs, and any nonair quality and other air quality-related health and environmental impacts. (3) The attainment date applicable to the revi- sion required under paragraph (1) shall be the same as provided in the provisions of section 7502(a)(2) of this title, except that in applying such provisions the phrase ‘‘from the date of the notice under section 7509(c)(2) of this title’’ shall be substituted for the phrase ‘‘from the date such area was designated nonattainment under section 7407(d) of this title’’ and for the phrase ‘‘from the date of designation as nonattain- ment’’. (July 14, 1955, ch. 360, title I, § 179, as added Pub. L. 101–549, title I, § 102(g), Nov. 15, 1990, 104 Stat. 2420.) § 7509a. International border areas (a) Implementation plans and revisions Notwithstanding any other provision of law, an implementation plan or plan revision re- quired under this chapter shall be approved by the Administrator if— (1) such plan or revision meets all the re- quirements applicable to it under the 1 chapter other than a requirement that such plan or re- vision demonstrate attainment and mainte- nance of the relevant national ambient air quality standards by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, and (2) the submitting State establishes to the satisfaction of the Administrator that the im- plementation plan of such State would be ade- quate to attain and maintain the relevant na- tional ambient air quality standards by the at- tainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, but for emissions emanating from outside of the United States. (b) Attainment of ozone levels Notwithstanding any other provision of law, any State that establishes to the satisfaction of Page 7286 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7511 2 So in original. Section 7512(b) of this title does not contain a par. (9). the Administrator that, with respect to an ozone nonattainment area in such State, such State would have attained the national ambient air quality standard for ozone by the applicable at- tainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of section 7511(a)(2) or (5) of this title or section 7511d of this title. (c) Attainment of carbon monoxide levels Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator, with respect to a carbon monoxide nonattainment area in such State, that such State has attained the national ambi- ent air quality standard for carbon monoxide by the applicable attainment date, but for emis- sions emanating from outside of the United States, shall not be subject to the provisions of section 7512(b)(2) or (9) 2 of this title. (d) Attainment of PM–10 levels Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to a PM–10 nonattainment area in such State, such State would have attained the national ambient air quality standard for carbon monoxide by the ap- plicable attainment date, but for emissions ema- nating from outside the United States, shall not be subject to the provisions of section 7513(b)(2) of this title. (July 14, 1955, ch. 360, title I, § 179B, as added Pub. L. 101–549, title VIII, § 818, Nov. 15, 1990, 104 Stat. 2697.) Statutory Notes and Related Subsidiaries ESTABLISHMENT OF PROGRAM TO MONITOR AND IM- PROVE AIR QUALITY IN REGIONS ALONG BORDER BE- TWEEN UNITED STATES AND MEXICO Pub. L. 101–549, title VIII, § 815, Nov. 15, 1990, 104 Stat. 2693, provided that the Administrator of the Environ- mental Protection Agency was authorized, in coopera- tion with the Department of State and the affected bor- der States, to negotiate with representatives of Mexico to authorize a program, not to extend beyond July 1, 1995, to monitor and improve air quality in regions along the border between the United States and Mex- ico, with requirements for monitoring, remediation, annual reports, and funding and personnel. SUBPART 2—ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS § 7511. Classifications and attainment dates (a) Classification and attainment dates for 1989 nonattainment areas (1) Each area designated nonattainment for ozone pursuant to section 7407(d) of this title shall be classified at the time of such designa- tion, under table 1, by operation of law, as a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area based on the design value for the area. The design value shall be calculated according to the interpretation methodology issued by the Administrator most recently before November 15, 1990. For each area classified under this subsection, the primary standard attainment date for ozone shall be as expeditiously as practicable but not later than the date provided in table 1. TABLE 1 Area class Design value* Primary standard attainment date** Marginal .. 0.121 up to 0.138 ... 3 years after Novem- ber 15, 1990 Moderate .. 0.138 up to 0.160 ... 6 years after Novem- ber 15, 1990 Serious ..... 0.160 up to 0.180 ... 9 years after Novem- ber 15, 1990 Severe ...... 0.180 up to 0.280 ... 15 years after Novem- ber 15, 1990 Extreme ... 0.280 and above ... 20 years after Novem- ber 15, 1990 *The design value is measured in parts per million (ppm). **The primary standard attainment date is measured from November 15, 1990. (2) Notwithstanding table 1, in the case of a se- vere area with a 1988 ozone design value between 0.190 and 0.280 ppm, the attainment date shall be 17 years (in lieu of 15 years) after November 15, 1990. (3) At the time of publication of the notice under section 7407(d)(4) of this title (relating to area designations) for each ozone nonattainment area, the Administrator shall publish a notice announcing the classification of such ozone non- attainment area. The provisions of section 7502(a)(1)(B) of this title (relating to lack of no- tice and comment and judicial review) shall apply to such classification. (4) If an area classified under paragraph (1) (Table 1) would have been classified in another category if the design value in the area were 5 percent greater or 5 percent less than the level on which such classification was based, the Ad- ministrator may, in the Administrator’s discre- tion, within 90 days after the initial classifica- tion, by the procedure required under paragraph (3), adjust the classification to place the area in such other category. In making such adjust- ment, the Administrator may consider the num- ber of exceedances of the national primary am- bient air quality standard for ozone in the area, the level of pollution transport between the area and other affected areas, including both intra- state and interstate transport, and the mix of sources and air pollutants in the area. (5) Upon application by any State, the Admin- istrator may extend for 1 additional year (here- inafter referred to as the ‘‘Extension Year’’) the date specified in table 1 of paragraph (1) of this subsection if— (A) the State has complied with all require- ments and commitments pertaining to the area in the applicable implementation plan, and (B) no more than 1 exceedance of the na- tional ambient air quality standard level for ozone has occurred in the area in the year pre- ceding the Extension Year. No more than 2 one-year extensions may be issued under this paragraph for a single non- attainment area.