42 U.S.C. § 7512a — Plan submissions and requirements

Page 7305 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7512a (2) Reclassification of Moderate Areas upon failure to attain (A) General rule Within 6 months following the applicable attainment date for a carbon monoxide non- attainment area, the Administrator shall de- termine, based on the area’s design value as of the attainment date, whether the area has attained the standard by that date. Any Moderate Area that the Administrator finds has not attained the standard by that date shall be reclassified by operation of law in accordance with table 1 of subsection (a)(1) as a Serious Area. (B) Publication of notice The Administrator shall publish a notice in the Federal Register, no later than 6 months following the attainment date, iden- tifying each area that the Administrator has determined, under subparagraph (A), as hav- ing failed to attain and identifying the re- classification, if any, described under sub- paragraph (A). (c) References to terms Any reference in this subpart to a ‘‘Moderate Area’’ or a ‘‘Serious Area’’ shall be considered a reference to a Moderate Area or a Serious Area, respectively, as classified under this section. (July 14, 1955, ch. 360, title I, § 186, as added Pub. L. 101–549, title I, § 104, Nov. 15, 1990, 104 Stat. 2452.) § 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 Mod- erate 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 emis- sions from all sources, as described in section 7502(c)(3) of this title, in accordance with guid- ance 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 re- vision 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 Ad- ministrator, in consultation with the Sec- retary of Transportation, within 6 months after November 15, 1990. The plan revision shall provide for annual updates of the fore- casts to be submitted to the Administrator to- gether with annual reports regarding the ex- tent to which such forecasts proved to be accu- rate. Such annual reports shall contain esti- mates 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 con- trol measures as required in section 7511a(d)(1)(A) of this title except that such re- vision shall be for the purpose of reducing CO emissions rather than volatile organic com- pound 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 re- vision shall provide for the implementation of specific measures to be undertaken if any esti- mate 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 with- out further action by the State or the Admin- istrator 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 imple- mentation 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 nec- essary to ensure that the applicable imple- mentation 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 there- after, until the area is redesignated to attain- ment, a revised inventory meeting the require- ments of subsection (a)(1). (6) Enhanced vehicle inspection and mainte- nance No later than 2 years after November 15, 1990, in the case of Moderate Areas with a de- sign value greater than 12.7 ppm at the time of classification, a revision that includes provi- sions for an enhanced vehicle inspection and maintenance program as required in section Page 7306 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7512a 1 So in original. Subsec. (a)(1) of this section does not contain a subpar. (B). 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 an- nual 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 No- vember 15, 1990, a revision to provide, and a demonstration that the plan as revised will provide, for attainment of the carbon mon- oxide 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 implementa- tion 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 Seri- ous Area, make the submissions (other than those required under subsection (a)(1)(B) 1) ap- plicable under subsection (a) to Moderate Areas with a design value of 12.7 ppm or great- er at the time of classification, and shall also submit the revision and other items described under this subsection. (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 reduc- ing 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 sub- chapter II, 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 na- tional 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 Statis- tical 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 de- fined by the United States Office of Manage- ment and Budget) in which the area is lo- cated, be blended, during the portion of the year in which the area is prone to high ambient con- centrations of carbon monoxide (as deter- mined by the Administrator), with fuels con- taining such level of oxygen as is necessary, in combination with other measures, to provide for attainment of the carbon monoxide na- tional ambient air quality standard by the ap- plicable attainment date and maintenance of the national ambient air quality standard thereafter in the area. The revision shall pro- vide that such requirement shall take effect no later than October 1, 1993, and shall include a program for implementation and enforce- ment of the requirement consistent with guid- ance 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 dem- onstrates to the satisfaction of the Adminis- trator 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 emis- sions of CO (1) Serious Areas In the case of Serious Areas in which sta- tionary 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 main- tenance, or oxygenated fuels where the Ad- ministrator 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. Page 7307 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7513 (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 an- nual emission reductions required by Decem- ber 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 Ad- ministrator 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 mile- stone 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 imple- ment an economic incentive and transpor- tation control program as described in section 7511a(g)(4) of this title. Such revision shall be sufficient to achieve the specific annual reduc- tions 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 por- tion 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, sub- stantively and procedurally, the revisions and implementation of State implementation plans applicable to the nonattainment area concerned. The Administrator may not ap- prove 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 por- tion 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 im- plementation of all measures required under this section (relating to plan submissions for carbon monoxide nonattainment areas). If the Administrator makes such finding, in the por- tion 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 chap- ter, by reason of the failure to make such demonstration. (f) Reclassified areas Each State containing a carbon monoxide non- attainment area reclassified under section 7512(b)(2) of this title shall meet the require- ments of subsection (b) of this section, as may be applicable to the area as reclassified, accord- ing to the schedules prescribed in connection with such requirements, except that the Admin- istrator 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 mon- oxide 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 applica- ble in the area, and such program, in combina- tion 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 ap- proval of the plan revision and before attain- ment of the national primary ambient air qual- ity standard for carbon monoxide. (July 14, 1955, ch. 360, title I, § 187, as added Pub. L. 101–549, title I, § 104, Nov. 15, 1990, 104 Stat. 2454.) Statutory Notes and Related Subsidiaries MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS For provisions prohibiting Administrator of Environ- mental 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. SUBPART 4—ADDITIONAL PROVISIONS FOR PARTICULATE MATTER NONATTAINMENT AREAS § 7513. Classifications and attainment dates (a) Initial classifications Every area designated nonattainment for PM–10 pursuant to section 7407(d) of this title shall be classified at the time of such designa- tion, by operation of law, as a moderate PM–10 nonattainment area (also referred to in this sub- part as a ‘‘Moderate Area’’) at the time of such designation. At the time of publication of the notice under section 7407(d)(4) of this title (re- lating to area designations) for each PM–10 non- attainment area, the Administrator shall pub- lish a notice announcing the classification of such area. The provisions of section 7502(a)(1)(B)