42 U.S.C. § 7505 — Environmental Protection Agency grants

Page 7278 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7504 [probably means the first 3 sentences of this note] and shall take appropriate steps to designate those areas failing to attain either or both of such standards as nonattainment areas within the meaning of part D of title I of the Clean Air Act.’’ § 7504. Planning procedures (a) In general For any ozone, carbon monoxide, or PM–10 nonattainment area, the State containing such area and elected officials of affected local gov- ernments shall, before the date required for sub- mittal of the inventory described under sections 7511a(a)(1) and 7512a(a)(1) of this title, jointly re- view and update as necessary the planning pro- cedures adopted pursuant to this subsection as in effect immediately before November 15, 1990, or develop new planning procedures pursuant to this subsection, as appropriate. In preparing such procedures the State and local elected offi- cials shall determine which elements of a re- vised implementation plan will be developed, adopted, and implemented (through means in- cluding enforcement) by the State and which by local governments or regional agencies, or any combination of local governments, regional agencies, or the State. The implementation plan required by this part shall be prepared by an or- ganization certified by the State, in consulta- tion with elected officials of local governments and in accordance with the determination under the second sentence of this subsection. Such or- ganization shall include elected officials of local governments in the affected area, and represent- atives of the State air quality planning agency, the State transportation planning agency, the metropolitan planning organization designated to conduct the continuing, cooperative and com- prehensive transportation planning process for the area under section 134 of title 23, the organi- zation responsible for the air quality mainte- nance planning process under regulations imple- menting this chapter, and any other organiza- tion with responsibilities for developing, sub- mitting, or implementing the plan required by this part. Such organization may be one that carried out these functions before November 15, 1990. (b) Coordination The preparation of implementation plan provi- sions and subsequent plan revisions under the continuing transportation-air quality planning process described in section 7408(e) of this title shall be coordinated with the continuing, coop- erative and comprehensive transportation plan- ning process required under section 134 of title 23, and such planning processes shall take into account the requirements of this part. (c) Joint planning In the case of a nonattainment area that is in- cluded within more than one State, the affected States may jointly, through interstate compact or otherwise, undertake and implement all or part of the planning procedures described in this section. (July 14, 1955, ch. 360, title I, § 174, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 748; amended Pub. L. 101–549, title I, § 102(d), Nov. 15, 1990, 104 Stat. 2417.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–549 amended section generally, sub- stituting present provisions for provisions which re- lated to: in subsec. (a), preparation of implementation plan by designated organization; and in subsec. (b), co- ordination of plan preparation. § 7505. Environmental Protection Agency grants (a) Plan revision development costs The Administrator shall make grants to any organization of local elected officials with transportation or air quality maintenance plan- ning responsibilities recognized by the State under section 7504(a) of this title for payment of the reasonable costs of developing a plan revi- sion under this part. (b) Uses of grant funds The amount granted to any organization under subsection (a) shall be 100 percent of any additional costs of developing a plan revision under this part for the first two fiscal years fol- lowing receipt of the grant under this para- graph, and shall supplement any funds available under Federal law to such organization for transportation or air quality maintenance plan- ning. Grants under this section shall not be used for construction. (July 14, 1955, ch. 360, title I, § 175, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 749.) § 7505a. Maintenance plans (a) Plan revision Each State which submits a request under sec- tion 7407(d) of this title for redesignation of a nonattainment area for any air pollutant as an area which has attained the national primary ambient air quality standard for that air pollut- ant shall also submit a revision of the applicable State implementation plan to provide for the maintenance of the national primary ambient air quality standard for such air pollutant in the area concerned for at least 10 years after the re- designation. The plan shall contain such addi- tional measures, if any, as may be necessary to ensure such maintenance. (b) Subsequent plan revisions 8 years after redesignation of any area as an attainment area under section 7407(d) of this title, the State shall submit to the Adminis- trator an additional revision of the applicable State implementation plan for maintaining the national primary ambient air quality standard for 10 years after the expiration of the 10-year period referred to in subsection (a). (c) Nonattainment requirements applicable pending plan approval Until such plan revision is approved and an area is redesignated as attainment for any area designated as a nonattainment area, the re- quirements of this part shall continue in force and effect with respect to such area. (d) Contingency provisions Each plan revision submitted under this sec- tion shall contain such contingency provisions as the Administrator deems necessary to assure