42 U.S.C. § 7509 — Sanctions and consequences of failure to

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 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