42 U.S.C. § 7506a — Interstate transport commissions

Page 7283 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7506a Subsec. (c)(7) to (10). Pub. L. 109–59, § 6011(c)–(e), added pars. (7) to (10). 2000—Subsec. (c)(6). Pub. L. 106–377 added par. (6). 1996—Subsec. (c)(4)(D). Pub. L. 104–260 added subpar. (D). 1995—Subsec. (c)(5). Pub. L. 104–59 added par. (5). 1990—Subsecs. (a), (b). Pub. L. 101–549, § 110(4), struck out subsec. (a) which related to approval of projects or award of grants, and subsec. (b) which related to imple- mentation of approved or promulgated plans. Subsec. (c). Pub. L. 101–549, § 101(f), designated exist- ing provisions as par. (1), struck out ‘‘(1)’’, ‘‘(2)’’, ‘‘(3)’’, and ‘‘(4)’’ before ‘‘engage in’’, ‘‘support in’’, ‘‘license or’’, and ‘‘approve, any’’, respectively, substituted ‘‘conform to an implementation plan after it’’ for ‘‘con- form to a plan after it’’, ‘‘conform to an implementa- tion plan approved’’ for ‘‘conform to a plan approved’’, and ‘‘conformity to such an implementation plan shall’’ for ‘‘conformity to such a plan shall’’, inserted ‘‘Conformity to an implementation plan means—’’ fol- lowed immediately by subpars. (A) and (B) and closing provisions relating to determination of conformity being based on recent estimates of emissions and the determination of such estimates, and added pars. (2) to (4). 1977—Subsec. (a)(1). Pub. L. 95–190 inserted ‘‘na- tional’’ before ‘‘primary’’. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 109–59, title VI, § 6011(g), Aug. 10, 2005, 119 Stat. 1882, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Administrator of the Environmental Protection Agen- cy shall promulgate revised regulations to implement the changes made by this section [amending this sec- tion].’’ § 7506a. Interstate transport commissions (a) Authority to establish interstate transport re- gions Whenever, on the Administrator’s own motion or by petition from the Governor of any State, the Administrator has reason to believe that the interstate transport of air pollutants from one or more States contributes significantly to a violation of a national ambient air quality standard in one or more other States, the Ad- ministrator may establish, by rule, a transport region for such pollutant that includes such States. The Administrator, on the Administra- tor’s own motion or upon petition from the Gov- ernor of any State, or upon the recommendation of a transport commission established under subsection (b), may— (1) add any State or portion of a State to any region established under this subsection whenever the Administrator has reason to be- lieve that the interstate transport of air pol- lutants from such State significantly contrib- utes to a violation of the standard in the transport region, or (2) remove any State or portion of a State from the region whenever the Administrator has reason to believe that the control of emis- sions in that State or portion of the State pur- suant to this section will not significantly contribute to the attainment of the standard in any area in the region. The Administrator shall approve or disapprove any such petition or recommendation within 18 months of its receipt. The Administrator shall establish appropriate proceedings for public par- ticipation regarding such petitions and motions, including notice and comment. (b) Transport commissions (1) Establishment Whenever the Administrator establishes a transport region under subsection (a), the Ad- ministrator shall establish a transport com- mission comprised of (at a minimum) each of the following members: (A) The Governor of each State in the re- gion or the designee of each such Governor. (B) The Administrator or the Administra- tor’s designee. (C) The Regional Administrator (or the Administrator’s designee) for each Regional Office for each Environmental Protection Agency Region affected by the transport re- gion concerned. (D) An air pollution control official rep- resenting each State in the region, ap- pointed by the Governor. Decisions of, and recommendations and re- quests to, the Administrator by each transport commission may be made only by a majority vote of all members other than the Adminis- trator and the Regional Administrators (or designees thereof). (2) Recommendations The transport commission shall assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region, assess strategies for miti- gating the interstate pollution, and rec- ommend to the Administrator such measures as the Commission determines to be necessary to ensure that the plans for the relevant States meet the requirements of section 7410(a)(2)(D) of this title. Such commission shall not be subject to the provisions of chap- ter 10 of title 5. (c) Commission requests A transport commission established under subsection (b) may request the Administrator to issue a finding under section 7410(k)(5) of this title that the implementation plan for one or more of the States in the transport region is substantially inadequate to meet the require- ments of section 7410(a)(2)(D) of this title. The Administrator shall approve, disapprove, or par- tially approve and partially disapprove such a request within 18 months of its receipt and, to the extent the Administrator approves such re- quest, issue the finding under section 7410(k)(5) of this title at the time of such approval. In act- ing on such request, the Administrator shall provide an opportunity for public participation and shall address each specific recommendation made by the commission. Approval or dis- approval of such a request shall constitute final agency action within the meaning of section 7607(b) of this title. (July 14, 1955, ch. 360, title I, § 176A, as added Pub. L. 101–549, title I, § 102(f)(1), Nov. 15, 1990, 104 Stat. 2419; amended Pub. L. 117–286, § 4(a)(270), Dec. 27, 2022, 136 Stat. 4335.) Page 7284 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7507 Editorial Notes AMENDMENTS 2022—Subsec. (b)(2). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ § 7507. New motor vehicle emission standards in nonattainment areas Notwithstanding section 7543(a) of this title, any State which has plan provisions approved under this part may adopt and enforce for any model year standards relating to control of emissions from new motor vehicles or new motor vehicle engines and take such other ac- tions as are referred to in section 7543(a) of this title respecting such vehicles if— (1) such standards are identical to the Cali- fornia standards for which a waiver has been granted for such model year, and (2) California and such State adopt such standards at least two years before commence- ment of such model year (as determined by regulations of the Administrator). Nothing in this section or in subchapter II of this chapter shall be construed as authorizing any such State to prohibit or limit, directly or indirectly, the manufacture or sale of a new motor vehicle or motor vehicle engine that is certified in California as meeting California standards, or to take any action of any kind to create, or have the effect of creating, a motor vehicle or motor vehicle engine different than a motor vehicle or engine certified in California under California standards (a ‘‘third vehicle’’) or otherwise create such a ‘‘third vehicle’’. (July 14, 1955, ch. 360, title I, § 177, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 750; amended Pub. L. 101–549, title II, § 232, Nov. 15, 1990, 104 Stat. 2529.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–549 added sentence at end prohib- iting States from limiting or prohibiting sale or manu- facture of new vehicles or engines certified in Cali- fornia as having met California standards and from taking any actions where effect of those actions would be to create a ‘‘third vehicle’’. § 7508. Guidance documents The Administrator shall issue guidance docu- ments under section 7408 of this title for pur- poses of assisting States in implementing re- quirements of this part respecting the lowest achievable emission rate. Such a document shall be published not later than nine months after August 7, 1977, and shall be revised at least every two years thereafter. (July 14, 1955, ch. 360, title I, § 178, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 750.) § 7509. Sanctions and consequences of failure to attain (a) State failure For any implementation plan or plan revision required under this part (or required in response to a finding of substantial inadequacy as de- scribed in section 7410(k)(5) of this title), if the Administrator— (1) finds that a State has failed, for an area designated nonattainment under section 7407(d) of this title, to submit a plan, or to submit 1 or more of the elements (as deter- mined by the Administrator) required by the provisions of this chapter applicable to such an area, or has failed to make a submission for such an area that satisfies the minimum cri- teria established in relation to any such ele- ment under section 7410(k) of this title, (2) disapproves a submission under section 7410(k) of this title, for an area designated nonattainment under section 7407 of this title, based on the submission’s failure to meet one or more of the elements required by the provi- sions of this chapter applicable to such an area, (3)(A) determines that a State has failed to make any submission as may be required under this chapter, other than one described under paragraph (1) or (2), including an ade- quate maintenance plan, or has failed to make any submission, as may be required under this chapter, other than one described under para- graph (1) or (2), that satisfies the minimum criteria established in relation to such submis- sion under section 7410(k)(1)(A) of this title, or (B) disapproves in whole or in part a submis- sion described under subparagraph (A), or (4) finds that any requirement of an ap- proved plan (or approved part of a plan) is not being implemented, unless such deficiency has been corrected within 18 months after the finding, disapproval, or de- termination referred to in paragraphs (1), (2), (3), and (4), one of the sanctions referred to in sub- section (b) shall apply, as selected by the Ad- ministrator, until the Administrator determines that the State has come into compliance, except that if the Administrator finds a lack of good faith, sanctions under both paragraph (1) and paragraph (2) of subsection (b) shall apply until the Administrator determines that the State has come into compliance. If the Administrator has selected one of such sanctions and the defi- ciency has not been corrected within 6 months thereafter, sanctions under both paragraph (1) and paragraph (2) of subsection (b) shall apply until the Administrator determines that the State has come into compliance. In addition to any other sanction applicable as provided in this section, the Administrator may withhold all or part of the grants for support of air pollution planning and control programs that the Admin- istrator may award under section 7405 of this title. (b) Sanctions The sanctions available to the Administrator as provided in subsection (a) are as follows: (1) Highway sanctions (A) The Administrator may impose a prohi- bition, applicable to a nonattainment area, on the approval by the Secretary of Transpor- tation of any projects or the awarding by the Secretary of any grants, under title 23 other than projects or grants for safety where the Secretary determines, based on accident or