282 
containing a nonattainment area shall submit a revision to the applica-
ble implementation plan meeting the requirements of paragraph (2). 
(2) REQUIREMENTS.—A revision required under paragraph (1) 
shall— 
(A) meet the requirements of sections 211110 and 215102 of 
this title; and 
(B) 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 other air quality-related and non-air-quality-related 
health and environmental impacts. 
(3) ATTAINMENT DATE.—The attainment date applicable to a revi-
sion required under paragraph (1) shall be the same as provided in 
paragraph (2) of section 215102(a) of this title, except that in applying 
subparagraph (A) of that paragraph the phrase ‘‘after the date of the 
notice under section 215111(c)(2) of this title’’ shall be substituted for 
the phrase ‘‘after the date on which the area was designated nonattain-
ment under section 211107(d) of this title’’ and for the phrase ‘‘after 
the date of designation as nonattainment’’. 
§ 215112. International border areas 
(a) IMPLEMENTATION PLANS
AND REVISIONS.—Notwithstanding any 
other provision of law, an implementation plan or plan revision required 
under this division shall be approved by the Administrator if— 
(1) the implementation plan or revision meets all the requirements 
applicable to it under this division other than a requirement that the 
implementation plan or revision demonstrate attainment and mainte-
nance of the relevant NAAQSes by the attainment date specified under 
the applicable provision of this division (including a regulation promul-
gated under that provision); and 
(2) the submitting State establishes to the satisfaction of the Admin-
istrator that the implementation plan would be adequate to attain and 
maintain the relevant NAAQSes by the attainment date specified under 
the applicable provision of this division (including a regulation promul-
gated under that provision) but for emissions emanating from outside 
the United States. 
(b) ATTAINMENT OF OZONE LEVELS.—Notwithstanding any other provi-
sion of law, a State that establishes to the satisfaction of the Administrator 
that, with respect to an ozone nonattainment area in the State, the State 
would have attained the NAAQS for ozone by the applicable attainment 
date but for emissions emanating from outside the United States, shall not 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00282
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
283 
be subject to paragraph (2) or (5) of section 215202(a) or section 215206 
of this title. 
(c) ATTAINMENT OF CARBON MONOXIDE LEVELS.—Notwithstanding any 
other provision of law, a State that establishes to the satisfaction of the Ad-
ministrator that, with respect to a carbon monoxide nonattainment area in 
the State, the State has attained the NAAQS for carbon monoxide by the 
applicable attainment date but for emissions emanating from outside the 
United States, shall not be subject to section 215302(b)(2) of this title. 
(d) ATTAINMENT OF PM–10 LEVELS.—Notwithstanding any other provi-
sion of law, a State that establishes to the satisfaction of the Administrator 
that, with respect to a PM–10 nonattainment area in the State, the State 
would have attained the NAAQS for carbon monoxide by the applicable at-
tainment date but for emissions emanating from outside the United States, 
shall not be subject to section 215402(b)(2) of this title. 
Subchapter II—Additional Provisions for 
Ozone Nonattainment Areas 
§ 215201. Definitions 
In this subchapter: 
(1) APPLICABLE
MILESTONE.—The term ‘‘applicable milestone’’ 
means a reduction in omissions described in section 215203(g)(1) of 
this title. 
(2) EXTREME AREA.—The term ‘‘extreme area’’ means an area that 
is classified as an extreme area under section 215202 of this title. 
(3) MARGINAL AREA.—The term ‘‘marginal area’’ means an area 
that is classified as a marginal area under section 215202 of this title. 
(4) MODERATE AREA.—The term ‘‘moderate area’’ means an area 
that is classified as a moderate area under section 215202 of this title. 
(5) NEXT HIGHER CLASSIFICATION.—The term ‘‘next higher classi-
fication’’, with respect to a classification related to any set of design 
values in table 1, means the classification that is related to the next 
higher set of design values in table 1. 
(6) SERIOUS AREA.—The term ‘‘serious area’’ means an area that 
is classified as a serious area under section 215202 of this title. 
(7) SEVERE AREA.—The term ‘‘severe area’’ means an area that is 
classified as a severe area under section 215202 of this title. 
(8) TABLE
1.—The term ‘‘table 1’’ means table 1 in section 
215202(a)(1) of this title. 
§ 215202. Classifications and attainment dates 
(a) CLASSIFICATION AND ATTAINMENT DATES FOR 1989 NONATTAIN-
MENT AREAS.— 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00283
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
284 
(1) IN GENERAL.—Each area designated nonattainment for ozone 
pursuant to section 211107(d) of this title shall be classified at the 
time of designation, under table 1, by operation of law, as a marginal 
area, moderate area, serious area, severe area, or extreme area based 
on the design value for the area. The design value shall be calculated 
according to the interpretation methodology issued by the Adminis-
trator most recently before November 15, 1990. For each area classi-
fied under this subsection, the primary standard attainment date for 
ozone shall be achieved as expeditiously as practicable but not later 
than the date provided in table 1. 
TABLE 1 
Area class 
Design value* 
Primary standard 
attainment date** 
Marginal .....................................................................
0.121 up to 0.138 ......
3 years after November 15, 
1990 
Moderate ....................................................................
0.138 up to 0.160 ......
6 years after November 15, 
1990 
Serious .......................................................................
0.160 up to 0.180 ......
9 years after November 15, 
1990 
Severe .........................................................................
0.180 up to 0.280 ......
15 years after November 
15, 1990 
Extreme .....................................................................
0.280 and above .........
20 years after November 
15, 1990 
*The design value is measured in parts per million (ppm). 
**The primary standard attainment date is measured from November 15, 1990. 
(2) CERTAIN SEVERE AREAS.—Notwithstanding table 1, in the case 
of a severe area with a 1988 ozone design value between 0.190 and 
0.280 part per million, the attainment date shall be 17 years (in lieu 
of 15 years) after November 15, 1990. 
(3) NOTICE.—At the time of publication of the notice under section 
211107(d)(4) of this title for each ozone nonattainment area, the Ad-
ministrator shall publish a notice announcing the classification of the 
ozone nonattainment area. Section 215102(a)(1)(B) of this title shall 
apply to such a classification. 
(4) ADJUSTMENT.— 
(A) IN GENERAL.—If an area classified under paragraph (1) 
would have been classified in another category if the design value 
in the area were 5 percent greater or 5 percent less than the level 
on which the classification was based, the Administrator may, 
within 90 days after the initial classification, by the procedure re-
quired under paragraph (3), adjust the classification to place the 
area in the other category. 
(B) CONSIDERATIONS.—In making an adjustment under sub-
paragraph (A), the Administrator may consider— 
(i) the number of exceedances of the primary NAAQS for 
ozone in the area; 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00284
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
285 
(ii) the level of pollution transport between the area and 
other affected areas, including both intrastate and interstate 
transport; and 
(iii) the mix of sources and air pollutants in the area. 
(5) EXTENSION.— 
(A) IN GENERAL.—On application by any State, the Adminis-
trator may extend for 1 additional year (referred to in this para-
graph as an ‘‘extension year’’) the date specified in table 1 if— 
(i) the State has complied with all requirements and com-
mitments pertaining to the area in the applicable implementa-
tion plan; and 
(ii) not more than 1 exceedance of the NAAQS level for 
ozone has occurred in the area in the year preceding the ex-
tension year. 
(B) LIMITATION.—Not more than 2 one-year extensions may be 
issued under this paragraph for a single nonattainment area. 
(b) NEW DESIGNATIONS AND RECLASSIFICATIONS.— 
(1) NEW DESIGNATIONS TO NONATTAINMENT.—Any area that is 
designated attainment or unclassifiable for ozone under section 
211107(d)(4) of this title and is subsequently redesignated to non-
attainment for ozone under section 211107(d)(3) of this title shall, at 
the time of redesignation, be classified by operation of law in accord-
ance with table 1. Upon its classification, the area shall be subject to 
the same requirements under section 211110 of this title, subchapter 
I, and this subchapter that would have applied had the area been so 
classified at the time of the notice under subsection (a)(3), except that 
any absolute, fixed date applicable in connection with any such require-
ment is extended by operation of law by a period equal to the length 
of time between November 15, 1990, and the date on which the area 
is classified under this paragraph. 
(2) RECLASSIFICATION ON FAILURE TO ATTAIN.— 
(A) DETERMINATION.—Within 6 months following the applica-
ble attainment date (including any extension) for an ozone non-
attainment area, the Administrator shall determine, based on the 
area’s design value (as of the attainment date), whether the area 
attained the NAAQS by that date. 
(B) RECLASSIFICATION.—Except for any severe area or extreme 
area, any area that the Administrator finds has not attained the 
NAAQS by that date shall be reclassified by operation of law in 
accordance with table 1 to the higher of— 
(i) the next higher classification for the area; or 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00285
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
286 
(ii) the classification applicable to the area’s design value 
as determined at the time of the notice required under sub-
paragraph (D). 
(C) NO RECLASSIFICATION AS EXTREME AREA.—No area shall 
be reclassified as an extreme area under subparagraph (B)(ii). 
(D) NOTICE.—The Administrator shall publish a notice in the 
Federal Register, not later than 6 months following the attain-
ment date, identifying each area that the Administrator has deter-
mined under subparagraph (A) as having failed to attain and iden-
tifying the reclassification, if any, described under subparagraph 
(B). 
(3) VOLUNTARY RECLASSIFICATION.—The Administrator shall grant 
the request of any State to reclassify a nonattainment area in that 
State in accordance with table 1 to a higher classification. The Admin-
istrator shall publish a notice in the Federal Register of any such re-
quest and of action by the Administrator granting the request. 
(4) FAILURE OF SEVERE AREA TO ATTAIN STANDARD.— 
(A) IN GENERAL.— 
(i) SANCTIONS.—If any severe area fails to achieve the pri-
mary NAAQS for ozone by the applicable attainment date 
(including any extension)— 
(I) the fee provisions under section 215206 of this 
title shall apply within the severe area; and 
(II)(aa) the percent reduction requirements of section 
215203(c)(4)(C) of this title shall continue to apply to 
the severe area; and 
(bb) the State shall demonstrate that the required per-
cent reduction has been achieved in each 3-year interval 
after such failure until the standard is attained. 
(ii) FAILURE TO MAKE DEMONSTRATION.—Any failure to 
make a demonstration under clause (i)(II)(bb) shall be sub-
ject to the sanctions provided under this chapter. 
(B) DESIGN VALUE ABOVE 0.140 PART PER MILLION OR FAIL-
URE TO ACHIEVE MILESTONE.—In addition to the requirements of 
subparagraph (A), if the ozone design value for a severe area de-
scribed in subparagraph (A) is above 0.140 part per million for 
the year of the applicable attainment date, or if the severe area 
has failed to achieve its most recent milestone under section 
215203(g) of this title, the new source review requirements appli-
cable under this subchapter in extreme areas shall apply in the se-
vere area, for which purpose the terms ‘‘major source’’ and ‘‘major 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00286
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
287 
stationary source’’ as applied to the severe area shall have the 
same meaning as when applied to extreme areas. 
(C) ADDITIONAL REQUIREMENTS.—In addition to the require-
ments of subparagraph (A), in the case of an area described in 
subparagraph (A) and not described in subparagraph (B), the pro-
visions described in subparagraph (B) shall apply beginning 3 
years after the applicable attainment date unless the area has at-
tained the standard by the end of that 3-year period. 
(D) MODIFICATION
OF
METHOD
OF
DETERMINING
COMPLI-
ANCE.—If the Administrator modifies the method of determining 
compliance with the primary NAAQS, a design value or other indi-
cator comparable to 0.140 part per million in terms of its relation-
ship to the standard shall be used in lieu of 0.140 part per million 
for purposes of applying subparagraphs (B) and (C). 
§ 215203. Plan provisions 
(a) MARGINAL AREAS.— 
(1) IN GENERAL.—Each State in which all or part of a marginal 
area is located shall, with respect to the marginal area (or portion 
thereof, to the extent specified in this subsection), include in its appli-
cable implementation plan the provisions (including the plan items) de-
scribed under this subsection. 
(2) INVENTORY.—A State shall submit a comprehensive, accurate, 
current inventory of actual emissions from all sources, as described in 
section 215102(c)(3) of this title, in accordance with guidance provided 
by the Administrator. 
(3) CORRECTIONS TO STATE IMPLEMENTATION PLAN.— 
(A) IN GENERAL.—Within the periods prescribed in this para-
graph, a State shall meet the requirements stated in subpara-
graphs (B) and (C). 
(B) REASONABLY AVAILABLE CONTROL TECHNOLOGY CORREC-
TIONS.—For any marginal area (or, in the Administrator’s discre-
tion, any portion of a marginal area), a State applicable implemen-
tation plan shall include, within 6 months after the date of classi-
fication under section 215202(a) of this title, such requirements 
concerning reasonably available control technology as were re-
quired under section 172(b) of the Clean Air Act (42 U.S.C. 
7502(b)) as in effect on November 14, 1990, as interpreted in 
guidance issued by the Administrator under section 108 of the 
Clean Air Act (42 U.S.C. 7408) before November 15, 1990. 
(C) VEHICLE INSPECTION AND MAINTENANCE.— 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00287
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
288 
(i) STRINGENCY.—For any marginal area (or, in the Ad-
ministrator’s discretion, any portion of a marginal area), the 
plan for which includes, or was required by section 
172(b)(11)(B) 
of 
the 
Clean 
Air 
Act 
(42 
U.S.C. 
7502(b)(11)(B)) (as in effect before November 15, 1990) to 
include, a specific schedule for implementation of a vehicle 
emission control inspection and maintenance program, a 
State applicable implementation plan shall include any provi-
sions necessary to provide for a vehicle inspection and mainte-
nance program of no less stringency than that of the more 
stringent of— 
(I) the program defined in House Report No. 95–294, 
95th Congress, 1st Session, 281–291 (1977), as inter-
preted in guidance of the Administrator issued pursuant 
to section 172(b)(11)(B) of the Clean Air Act (42 U.S.C. 
7502(b)(11)(B)) (as in effect before November 15, 
1990); or 
(II) the program previously included in the plan. 
(ii) GUIDANCE.— 
(I) IN GENERAL.—The Administrator shall review, re-
vise, update, and republish in the Federal Register the 
guidance for the States for motor vehicle inspection and 
maintenance programs required by this division, taking 
into consideration the Administrator’s investigations and 
audits of the program. 
(II) COVERAGE.—The guidance shall, at a minimum, 
cover— 
(aa) the frequency of inspections; 
(bb) the types of vehicles to be inspected (which 
shall include leased vehicles that are registered in 
the nonattainment area); 
(cc) vehicle maintenance by owners and operators; 
(dd) audits by the State; 
(ee) the test method and measures, including 
whether centralized or decentralized; 
(ff) inspection methods and procedures; 
(gg) quality of inspection; 
(hh) components covered; 
(ii) assurance that a vehicle subject to a recall no-
tice from a manufacturer has complied with that no-
tice; and 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00288
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
289 
(jj) effective implementation and enforcement, in-
cluding ensuring that any retesting of a vehicle 
after a failure shall include proof of corrective ac-
tion and providing for denial of vehicle registration 
in the case of tampering or misfueling. 
(III) FLEXIBILITY.—The guidance, which shall be in-
corporated in the applicable State implementation plans 
by the States, shall provide a State with continued rea-
sonable flexibility to fashion effective, reasonable, and 
fair programs for the affected consumer. 
(IV) SUBMISSION
OF
REVISION.—Not later than 2 
years after the Administrator promulgates regulations 
under section 221102(l)(3) of this title, a State shall 
submit a revision to the program to meet any require-
ments that the Administrator may prescribe under that 
section. 
(D) PERMIT
PROGRAMS.—A State applicable implementation 
plan shall include each of the following: 
(i) Provisions to require permits, in accordance with sec-
tions 215102(c)(5) and 215103 of this title, for the construc-
tion and operation of each new or modified major stationary 
source (with respect to ozone) to be located in the marginal 
area. 
(ii) Provisions to correct requirements in (or add require-
ments to) the plan concerning permit programs as were re-
quired under section 172(b)(6) of the Clean Air Act (42 
U.S.C. 7502(b)(6)) (as in effect before November 15, 1990), 
as interpreted in regulations of the Administrator promul-
gated as of November 15, 1990. 
(4) PERIODIC INVENTORY.— 
(A) GENERAL REQUIREMENT.—Not later than the end of each 
3-year period after submission of the inventory under paragraph 
(2) until the marginal area is redesignated to attainment, the 
State shall submit a revised inventory meeting the requirements 
of paragraph (2). 
(B) EMISSIONS STATEMENTS.— 
(i) IN GENERAL.—At least annually, a State shall submit 
a revision to the State implementation plan to require that 
the owner or operator of each stationary source of nitrogen 
oxides or volatile organic compounds provide the State with 
a statement, in such form as the Administrator may prescribe 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00289
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
290 
(or accept an equivalent alternative developed by the State), 
for classes or categories of sources, showing the actual emis-
sions of nitrogen oxides and volatile organic compounds from 
that source. The statement shall contain a certification that 
the information contained in the statement is accurate to the 
best knowledge of the individual certifying the statement. 
(ii) WAIVER.—A State may waive the application of clause 
(i) to any class or category of stationary sources that emit 
less than 25 tons per year of volatile organic compounds or 
nitrogen oxides if the State, in its submissions under para-
graph (2) or subparagraph (A), provides an inventory of 
emissions from the class or category of sources based on the 
use of the emission factors established by the Administrator 
or other methods acceptable to the Administrator. 
(5) GENERAL OFFSET REQUIREMENT.—For purposes of satisfying 
the emission offset requirements of this chapter, the ratio of total emis-
sion reductions of volatile organic compounds to total increased emis-
sions of volatile organic compounds shall be at least 1.1 to 1. 
(6) SCHEDULE.—The Administrator may require States to submit a 
schedule for submitting any of the revisions or other items required 
under this subsection. 
(7) APPLICABILITY OF SUBSECTION IN LIEU OF OTHER REQUIRE-
MENTS.—The requirements of this subsection shall apply in lieu of any 
requirement that the State submit a demonstration that the applicable 
implementation plan provides for attainment of the ozone standard by 
the applicable attainment date in any marginal area. 
(8) CONTINGENCY MEASURES.—Section 215102(c)(9) of this title 
shall not apply to a marginal area. 
(b) MODERATE AREAS.— 
(1) IN GENERAL.—Each State in which all or part of a moderate 
area is located shall include in its applicable implementation plan the 
provisions described under this subsection and subsection (a). 
(2) PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS.— 
(A) DEFINITION OF BASELINE EMISSIONS.—In this paragraph, 
the term ‘‘baseline emissions’’ means the total amount of actual 
volatile organic compound or nitrogen oxide emissions from all an-
thropogenic sources in a moderate area during calendar year 
1990, excluding emissions that would be eliminated under the reg-
ulations described in clauses (i) and (ii) of subparagraph (D). 
(B) GENERAL RULE.— 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00290
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
291 
(i) PLAN PROVISION.—A State applicable implementation 
plan shall provide for volatile organic compound emission re-
ductions of at least 15 percent from baseline emissions, ac-
counting for any growth in emissions after 1990. The plan 
shall provide for such specific annual reductions in emissions 
of volatile organic compounds and nitrogen oxides as are nec-
essary to attain the primary NAAQS for ozone by the attain-
ment date applicable under this division. 
(ii) PERCENTAGE.— 
(I) IN GENERAL.—A percentage of less than 15 per-
cent may be used for purposes of clause (i) in the case 
of a State that demonstrates to the satisfaction of the 
Administrator that— 
(aa) new source review provisions are applicable 
in the nonattainment areas in the same manner and 
to the same extent as are required under subsection 
(e) in the case of extreme areas (with the exception 
that, in applying those provisions, the terms ‘‘major 
source’’ and ‘‘major stationary source’’ shall include 
(in addition to the sources described in section 
201101 of this title) any stationary source or group 
of sources located within a contiguous area and 
under common control that emits, or has the poten-
tial to emit, at least 5 tons per year of volatile or-
ganic compounds); 
(bb) reasonably available control technology is re-
quired for all existing major sources (as defined in 
item (aa)); and 
(cc) the plan reflecting a lesser percentage than 
15 percent includes all measures that can feasibly 
be implemented in an area, in light of technological 
achievability. 
(II) MEASURES ACHIEVED IN PRACTICE.—To qualify 
for a lesser percentage under this clause, a State shall 
demonstrate to the satisfaction of the Administrator that 
the plan for the area includes the measures that are 
achieved in practice by sources in the same source cat-
egory in nonattainment areas of the next higher classi-
fication. 
(iii) APPLICABILITY
OF
SUBPARAGRAPH.—This subpara-
graph shall not apply in the case of nitrogen oxides for areas 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00291
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
292 
for which the Administrator determines (when the Adminis-
trator approves a plan or plan revision) that additional reduc-
tions of nitrogen oxides would not contribute to attainment. 
(C) GENERAL RULE FOR CREDITABILITY OF REDUCTIONS.—Ex-
cept as provided under subparagraph (D), emission reductions are 
creditable toward the 15 percent required under subparagraph (B) 
to the extent that the emission reductions have actually occurred, 
as of 6 years after November 15, 1990, as a result of the imple-
mentation of measures required under the applicable implementa-
tion plan, regulations promulgated by the Administrator, or a per-
mit under subdivision 6. 
(D) LIMITS ON CREDITABILITY OF REDUCTIONS.—Emission re-
ductions from the following measures are not creditable toward the 
15 percent reductions required under subparagraph (B): 
(i) Any measure relating to motor vehicle exhaust or evapo-
rative emissions promulgated by the Administrator by Janu-
ary 1, 1990. 
(ii) Regulations concerning Reid vapor pressure promul-
gated by the Administrator by November 15, 1990, or re-
quired to be promulgated under section 221111(h) of this 
title. 
(iii) Measures required under subsection (a)(3)(B) con-
cerning corrections to implementation plans prescribed under 
guidance by the Administrator. 
(iv) Measures required under subsection (a)(3)(C) con-
cerning corrections to motor vehicle inspection and mainte-
nance programs. 
(3) REASONABLY AVAILABLE CONTROL TECHNOLOGY.— 
(A) IN GENERAL.—A State applicable implementation plan shall 
include provisions to require the implementation of reasonably 
available control technology under section 215102(c)(1) of this 
title with respect to each of the following: 
(i) Each category of volatile organic compound sources in 
the area covered by a control technique guidelines document 
issued by the Administrator between November 15, 1990, and 
the date of attainment. 
(ii) All volatile organic compound sources in the area cov-
ered by any control technique guideline issued before Novem-
ber 15, 1990. 
(iii) All other major stationary sources of volatile organic 
compounds that are located in the area. 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00292
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
293 
(B) TIME FOR SUBMISSION.—Each provision described in sub-
paragraph (A)(i) shall be submitted within the period set forth by 
the Administrator in issuing the relevant control technique guide-
lines document. The provisions with respect to sources described 
in clauses (ii) and (iii) of subparagraph (A) shall provide for the 
implementation of the required measures as expeditiously as prac-
ticable. 
(4) GASOLINE VAPOR RECOVERY.— 
(A) DEFINITION OF ADOPTION DATE.—In this paragraph, the 
term ‘‘adoption date’’ means the date of adoption by a State of 
requirements for the installation and operation of a system for 
gasoline vapor recovery of emissions from the fueling of motor ve-
hicles. 
(B) GENERAL RULE.— 
(i) REQUIREMENT.—A State applicable implementation 
plan shall require all owners or operators of gasoline dis-
pensing systems to install and operate, by the date prescribed 
under subparagraph (C), a system for gasoline vapor recovery 
of emissions from the fueling of motor vehicles. 
(ii) GUIDANCE.—The Administrator shall issue guidance as 
appropriate as to the effectiveness of the system. 
(iii) APPLICABILITY.—This subparagraph shall apply only 
to facilities that sell more than— 
(I) 10,000 gallons of gasoline per month; or 
(II) in the case of an independent small business mar-
keter of gasoline (as defined in section 209114 of this 
title), 50,000 gallons per month. 
(C) EFFECTIVE DATE.—The date required under subparagraph 
(B) shall be— 
(i) 6 months after the adoption date, in the case of a gaso-
line dispensing facility for which construction commences 
after November 15, 1990; 
(ii) 1 year after the adoption date, in the case of a gasoline 
dispensing facility that dispenses at least 100,000 gallons of 
gasoline per month, based on average monthly sales for the 
2-year period before the adoption date, and is not a facility 
described in clause (i); or 
(iii) 2 years after the adoption date, in the case of all other 
gasoline dispensing facilities. 
(5) MOTOR VEHICLE INSPECTION AND MAINTENANCE.—For all mod-
erate areas, a State applicable implementation plan shall include provi-
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00293
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
294 
sions necessary to provide for a vehicle inspection and maintenance 
program as described in subsection (a)(3)(C) (without regard to wheth-
er the area was required by section 172(b)(11)(B) of the Clean Air Act 
(42 U.S.C. 7502(b)(11)(B)) (as in effect before November 15, 1990) 
to have included a specific schedule for implementation of such a pro-
gram). 
(6) GENERAL OFFSET REQUIREMENT.—For purposes of satisfying 
the emission offset requirements of this chapter, the ratio of total emis-
sion reductions of volatile organic compounds to total increased emis-
sions of volatile organic compounds shall be at least 1.15 to 1. 
(c) SERIOUS AREAS.— 
(1) IN GENERAL.—Except as otherwise specified in paragraph (6), 
each State in which all or part of a serious area is located shall, with 
respect to the serious area (or portion thereof, to the extent specified 
in this subsection), include in its applicable implementation plan (in-
cluding the plan items) the provisions described under this subsection 
and subsection (b) (except that any reference to an attainment date in 
subsection (b), incorporated by reference in this subsection, shall refer 
to the attainment date for serious areas). 
(2) MAJOR SOURCE; MAJOR STATIONARY SOURCE.—For any serious 
area, the terms ‘‘major source’’ and ‘‘major stationary source’’ include 
(in addition to the sources described in section 201101 of this title) 
any stationary source or group of sources located within a contiguous 
area and under common control that emits, or has the potential to 
emit, at least 50 tons per year of volatile organic compounds. 
(3) ENHANCED MONITORING.— 
(A) REGULATIONS.—To obtain more comprehensive and rep-
resentative data on ozone air pollution, the Administrator shall 
promulgate regulations, after notice and public comment, for en-
hanced monitoring of ozone, nitrogen oxides, and volatile organic 
compounds. The regulations shall cover the location and mainte-
nance of monitors. 
(B) STATE ACTION.—Immediately following the promulgation of 
regulations by the Administrator relating to enhanced monitoring, 
a State shall commence such actions as may be necessary to adopt 
and implement a program based on the regulations to improve 
monitoring for ambient concentrations of ozone, nitrogen oxides, 
and volatile organic compounds and to improve monitoring of 
emissions of nitrogen oxides and volatile organic compounds. Each 
State implementation plan for the area shall contain measures to 
improve the ambient monitoring of those air pollutants. 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00294
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
295 
(4) 
ATTAINMENT
DEMONSTRATIONS; 
REASONABLE
FURTHER 
PROGRESS DEMONSTRATIONS.— 
(A) IN GENERAL.—A State applicable implementation plan shall 
include an attainment demonstration described in subparagraph 
(B) and a reasonable further progress demonstration described in 
subparagraph (C). 
(B) ATTAINMENT DEMONSTRATION.—A State applicable imple-
mentation plan shall include a demonstration that the plan will 
provide for attainment of the ozone NAAQS by the applicable at-
tainment date. The attainment demonstration shall be based on 
photochemical grid modeling or any other analytical method deter-
mined by the Administrator, in the Administrator’s discretion, to 
be at least as effective. 
(C) REASONABLE FURTHER PROGRESS DEMONSTRATION.— 
(i) VOLATILE ORGANIC COMPOUND CONTROL.— 
(I) IN GENERAL.—A State applicable implementation 
plan shall include a demonstration that the plan will re-
sult in volatile organic compound emission reductions 
from the baseline emissions (as defined in subsection 
(b)(2)(A)) equal to 1 of the following amounts averaged 
over each consecutive 3-year period beginning 6 years 
after November 15, 1990, until the attainment date: 
(aa) At least 3 percent of baseline emissions each 
year. 
(bb) An amount less than 3 percent of baseline 
emissions each year, if the State demonstrates to 
the satisfaction of the Administrator that the plan 
reflecting such a lesser amount includes all meas-
ures that can feasibly be implemented in the area, 
in light of technological achievability. 
(II) LESS THAN 3 PERCENT REDUCTION.—To lessen 
the 3 percent requirement under subclause (I)(bb), a 
State shall demonstrate to the satisfaction of the Admin-
istrator that the plan for the area includes the measures 
that are achieved in practice by sources in the same 
source category in nonattainment areas of the next high-
er classification. Any determination to lessen the 3 per-
cent requirement shall be reviewed at each applicable 
milestone under subsection (g) and revised to reflect 
such new measures (if any) achieved in practice by 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00295
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
296 
sources in the same category in any State, allowing a 
reasonable amount of time to implement the measures. 
(III) CALCULATION OF EMISSION REDUCTIONS.—The 
emission reductions described in this clause shall be cal-
culated in accordance with subparagraphs (C) and (D) 
of subsection (b)(2). The reductions creditable for the 
period beginning 6 years after November 15, 1990, shall 
include reductions that occurred before that period, cal-
culated in accordance with subsection (b)(2), that exceed 
the 15-percent amount of reductions required under sub-
section (b)(2)(B). 
(ii) NITROGEN OXIDE CONTROL.—A provision under this 
subparagraph may contain, in lieu of the volatile organic com-
pound control demonstration described in clause (i), a dem-
onstration to the satisfaction of the Administrator that the 
applicable implementation plan provides for reductions of 
emissions of volatile organic compounds and nitrogen oxides 
(calculated according to the creditability provisions of sub-
paragraphs (C) and (D) of subsection (b)(2)), that would re-
sult in a reduction in ozone concentrations at least equivalent 
to that which would result from the amount of emission re-
ductions required under clause (i). The Administrator shall 
issue guidance concerning the conditions under which nitro-
gen oxide control may be substituted for volatile organic com-
pound control or may be combined with volatile organic com-
pound control to maximize the reduction in ozone air pollu-
tion. In accord with such guidance, a lesser percentage of 
volatile organic compounds may be accepted as an adequate 
demonstration for purposes of this subsection. 
(5) ENHANCED
VEHICLE
INSPECTION
AND
MAINTENANCE
PRO-
GRAM.— 
(A) REQUIREMENT FOR SUBMISSION.—A State shall include in 
its applicable implementation plan a provision for an enhanced 
program to reduce hydrocarbon emissions and nitrogen oxide emis-
sions from in-use motor vehicles registered in each urbanized area 
(in the nonattainment area), as defined by the Bureau of the Cen-
sus, with a 1980 population of 200,000 or more. 
(B) EFFECTIVE DATE OF STATE PROGRAMS; GUIDANCE.— 
(i) IN GENERAL.—The State program required under sub-
paragraph (A) shall comply in all respects with guidance pub-
lished in the Federal Register (and from time to time revised) 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00296
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
297 
by the Administrator for enhanced vehicle inspection and 
maintenance programs. 
(ii) CONTENTS.—The guidance shall include— 
(I) a performance standard achievable by a program 
combining emission testing, including on-road emission 
testing, with inspection to detect tampering with emis-
sion control devices and misfueling for all light-duty ve-
hicles and all light-duty trucks subject to standards 
under section 221102 of this title; and 
(II) program administration features necessary to rea-
sonably ensure that adequate management resources, 
tools, and practices are in place to attain and maintain 
the performance standard. 
(iii) COMPLIANCE.—Compliance with the performance 
standard under clause (ii)(I) shall be determined using a 
method established by the Administrator. 
(C) STATE PROGRAM.— 
(i) IN GENERAL.—A State program under subparagraph 
(A) shall include, at a minimum, each of the following ele-
ments: 
(I) Computerized emission analyzers, including on- 
road testing devices. 
(II) No waivers for vehicles and parts covered by the 
emission control performance warranty as provided for in 
section 221107(c) of this title unless a warranty remedy 
has been denied in writing, or for tampering-related re-
pairs. 
(III) In view of the air quality purpose of the pro-
gram, if, for any vehicle, waivers are permitted for emis-
sions-related repairs not covered by warranty, an expend-
iture to qualify for the waiver of an amount of $450 or 
more for such repairs (adjusted annually as determined 
by the Administrator on the basis of the Consumer Price 
Index in the same manner as provided in subdivision 6). 
(IV) Enforcement through denial of vehicle registra-
tion (except for any program in operation before Novem-
ber 15, 1990, whose enforcement mechanism is dem-
onstrated to the Administrator to be more effective than 
the applicable vehicle registration program in ensuring 
that noncomplying vehicles are not operated on public 
roads). 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00297
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
298 
(V) Annual emission testing and necessary adjust-
ment, repair, and maintenance, unless the State dem-
onstrates to the satisfaction of the Administrator that a 
biennial inspection, in combination with other features of 
the program that exceed the requirements of this divi-
sion, will result in emission reductions that equal or ex-
ceed the reductions that can be obtained through annual 
inspections. 
(VI) Operation of the program on a centralized basis, 
unless the State demonstrates to the satisfaction of the 
Administrator that a decentralized program will be 
equally effective. An electronically connected testing sys-
tem, a licensing system, or other measures (or any com-
bination thereof) may be considered, in accordance with 
criteria established by the Administrator, as equally ef-
fective for such purposes. 
(VII) Inspection of emission control diagnostic systems 
and the maintenance or repair of malfunctions or system 
deterioration identified by or affecting such diagnostics 
systems. 
(ii) BIENNIAL REPORTS.—Each State shall biennially sub-
mit to the Administrator a report that assesses the emission 
reductions achieved by the program required under this para-
graph based on data collected during inspection and repair of 
vehicles. The methods used to assess the emission reductions 
shall be those established by the Administrator. 
(6) CLEAN-FUEL VEHICLE PROGRAMS.— 
(A) IN GENERAL.—Except to the extent that substitute provi-
sions are approved by the Administrator under subparagraph (B), 
a State applicable implementation plan shall include, for each area 
described under chapter 225 and for each area that opts into the 
clean fuel-vehicle program as provided in chapter 225, such meas-
ures as may be necessary to ensure the effectiveness of the appli-
cable provisions of the clean-fuel vehicle program prescribed under 
chapter 225, including all measures necessary to make the use of 
clean alternative fuels in clean-fuel vehicles (as defined in chapter 
225) economic from the standpoint of vehicle owners. 
(B) SUBSTITUTE PROVISIONS.— 
(i) IN GENERAL.—The Administrator shall approve, as a 
substitute for all or a portion of the clean-fuel vehicle pro-
gram prescribed under chapter 225, any provision of a rel-
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00298
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS