42 U.S.C. § 7513a — Plan provisions and schedules for plan

Page 7309 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7513a 1 So in original. Probably should be ‘‘subsection’’. (July 14, 1955, ch. 360, title I, § 188, as added Pub. L. 101–549, title I, § 105(a), Nov. 15, 1990, 104 Stat. 2458.) § 7513a. Plan provisions and schedules for plan submissions (a) Moderate Areas (1) Plan provisions Each State in which all or part of a Mod- erate 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 re- quirements 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 pro- vide for attainment by the applicable attain- ment date; or (ii) a demonstration that at- tainment 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 designa- tion in the case of an area classified as mod- erate 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 sec- tion 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 non- attainment, for those areas designated non- attainment 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) (re- lating 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: (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 expe- ditious 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 re- quired for an area under paragraph (1)(A) no later than 4 years after reclassification of the area to Serious, except that for areas reclassi- fied under section 7513(b)(2) of this title, the State shall submit the attainment demonstra- tion 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’’ in- clude any stationary source or group of sta- tionary 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 ap- proved under this section have been imple- mented 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 dem- onstration under this subsection is adequate within 90 days after the Administrator’s receipt of a demonstration which contains the informa- tion 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 Adminis- trator 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 revi- sion 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 at- tained by the applicable attainment date, the State in which such area is located shall, after notice and opportunity for public comment, sub- mit within 12 months after the applicable at- Page 7310 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7513b tainment date, plan revisions which provide for attainment of the PM–10 air quality standard and, from the date of such submission until at- tainment, 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 inven- tory prepared for such area. (e) PM–10 precursors The control requirements applicable under plans in effect under this part for major sta- tionary 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 sen- tence. (July 14, 1955, ch. 360, title I, § 189, as added Pub. L. 101–549, title I, § 105(a), Nov. 15, 1990, 104 Stat. 2460.) § 7513b. Issuance of RACM and BACM guidance The Administrator shall issue, in the same manner and according to the same procedure as guidance is issued under section 7408(c) of this title, technical guidance on reasonably available control measures and best available control measures for urban fugitive dust, and emissions from residential wood combustion (including curtailments and exemptions from such curtail- ments) and prescribed silvicultural and agricul- tural burning, no later than 18 months following November 15, 1990. The Administrator shall also examine other categories of sources contrib- uting to nonattainment of the PM–10 standard, and determine whether additional guidance on reasonably available control measures and best available control measures is needed, and issue any such guidance no later than 3 years after November 15, 1990. In issuing guidelines and making determinations under this section, the Administrator (in consultation with the State) shall take into account emission reductions achieved, or expected to be achieved, under sub- chapter IV–A and other provisions of this chap- ter. (July 14, 1955, ch. 360, title I, § 190, as added Pub. L. 101–549, title I, § 105(a), Nov. 15, 1990, 104 Stat. 2462.) SUBPART 5—ADDITIONAL PROVISIONS FOR AREAS DESIGNATED NONATTAINMENT FOR SULFUR OX- IDES, NITROGEN DIOXIDE, OR LEAD § 7514. Plan submission deadlines (a) Submission Any State containing an area designated or re- designated under section 7407(d) of this title as nonattainment with respect to the national pri- mary ambient air quality standards for sulfur oxides, nitrogen dioxide, or lead subsequent to November 15, 1990, shall submit to the Adminis- trator, within 18 months of the designation, an applicable implementation plan meeting the re- quirements of this part. (b) States lacking fully approved State imple- mentation plans Any State containing an area designated non- attainment with respect to national primary ambient air quality standards for sulfur oxides or nitrogen dioxide under section 7407(d)(1)(C)(i) of this title, but lacking a fully approved imple- mentation plan complying with the require- ments of this chapter (including this part) as in effect immediately before November 15, 1990, shall submit to the Administrator, within 18 months of November 15, 1990, an implementation plan meeting the requirements of subpart 1 (ex- cept as otherwise prescribed by section 7514a of this title). (July 14, 1955, ch. 360, title I, § 191, as added Pub. L. 101–549, title I, § 106, Nov. 15, 1990, 104 Stat. 2463.) § 7514a. Attainment dates (a) Plans under section 7514(a) Implementation plans required under section 7514(a) of this title shall provide for attainment of the relevant primary standard as expedi- tiously as practicable but no later than 5 years from the date of the nonattainment designation. (b) Plans under section 7514(b) Implementation plans required under section 7514(b) of this title shall provide for attainment of the relevant primary national ambient air quality standard within 5 years after November 15, 1990. (c) Inadequate plans Implementation plans for nonattainment areas for sulfur oxides or nitrogen dioxide with plans that were approved by the Administrator before November 15, 1990, but, subsequent to such approval, were found by the Administrator to be substantially inadequate, shall provide for attainment of the relevant primary standard within 5 years from the date of such finding. (July 14, 1955, ch. 360, title I, § 192, as added Pub. L. 101–549, title I, § 106, Nov. 15, 1990, 104 Stat. 2463.) SUBPART 6—SAVINGS PROVISIONS § 7515. General savings clause Each regulation, standard, rule, notice, order and guidance promulgated or issued by the Ad- ministrator under this chapter, as in effect be- fore November 15, 1990, shall remain in effect ac- cording to its terms, except to the extent other- wise provided under this chapter, inconsistent with any provision of this chapter, or revised by the Administrator. No control requirement in effect, or required to be adopted by an order, settlement agreement, or plan in effect before November 15, 1990, in any area which is a non- attainment area for any air pollutant may be modified after November 15, 1990, in any manner unless the modification insures equivalent or greater emission reductions of such air pollut- ant. (July 14, 1955, ch. 360, title I, § 193, as added Pub. L. 101–549, title I, § 108(l), Nov. 15, 1990, 104 Stat. 2469.)