336 
mines that nonanthropogenic sources of PM–10 contribute significantly to 
the violation of the PM–10 standard in the area. 
§ 215403. Plan provisions and schedules for plan submis-
sions 
(a) MODERATE AREAS.—Each State in which all or part of a moderate 
area is located shall submit, 18 months after the designation as nonattain-
ment, an implementation plan that includes each of the following: 
(1) For the purpose of meeting the requirements of section 
215102(c)(5) of this title, a permit program providing that permits 
meeting the requirements of section 215103 of this title are required 
for the construction and operation of new and modified major sta-
tionary sources of PM–10. 
(2)(A) A demonstration (including air quality modeling) that the 
plan will provide for attainment by the applicable attainment date; or 
(B) a demonstration that attainment by that date is impracticable. 
(3) Provisions to ensure that reasonably available control measures 
for the control of PM–10 shall be implemented not later than 4 years 
after designation as a moderate area. 
(b) SERIOUS AREAS.— 
(1) PLAN PROVISIONS.—In addition to the provisions submitted to 
meet the requirements of subsection (a), each State in which all or part 
of a serious area is located shall submit an implementation plan for 
the serious area that includes each of the following: 
(A)(i) A demonstration (including air quality modeling) that the 
plan provides for attainment of the NAAQS for PM–10 by the ap-
plicable attainment date; or 
(ii) for any area for which the State is seeking, pursuant to sec-
tion 215402(e) of this title, an extension of the attainment date 
beyond the date set forth in section 215402(e) of this title, a dem-
onstration (including air quality modeling) that— 
(I) attainment by that date would be impracticable; and 
(II) the plan provides for attainment by the most expedi-
tious alternative date practicable. 
(B) Provisions to ensure that the best available control meas-
ures for the control of PM–10 shall be implemented not later than 
4 years after the date on which the area is classified (or reclassi-
fied) as a serious area. 
(2) SCHEDULE FOR PLAN SUBMISSIONS.—A State shall submit the 
demonstration required for an area under paragraph (1)(A) not later 
than 4 years after reclassification of the area as a serious area, except 
that for areas reclassified under section 215402(b)(2) of this title, the 
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State shall submit the attainment demonstration within 18 months 
after reclassification as a serious area. A State shall submit the provi-
sions described under paragraph (1)(B) not 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’’ include any stationary source 
or group of stationary 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 or PM–10 precursors. 
(c) MILESTONES.— 
(1) IN GENERAL.—Plan provisions demonstrating attainment sub-
mitted to the Administrator for approval under this subchapter shall 
contain quantitative milestones that are to be achieved every 3 years 
until the serious area is redesignated attainment and that demonstrate 
reasonable further progress (as defined in section 215101 of this title) 
toward attainment by the applicable date. 
(2) DEMONSTRATION.—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 the serious area is located shall submit to the Adminis-
trator a demonstration that all measures in the plan approved under 
this section have been implemented 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 demonstration under this subsection is ade-
quate within 90 days after the Administrator’s receipt of a demonstra-
tion that contains the information and analysis required by the Admin-
istrator. 
(3) FAILURE
TO
SUBMIT
DEMONSTRATION
OR
TO
MEET
MILE-
STONE.—If a State fails to submit a demonstration under paragraph 
(2) with respect to a milestone within the required period or if the Ad-
ministrator determines that the area has not met any milestone, the 
Administrator shall require the State, within 9 months after the failure 
or determination, to submit a plan provision that ensures that the 
State will achieve the next milestone (or attain the NAAQS for PM– 
10, if there is no next milestone) by the applicable date. 
(d) FAILURE TO ATTAIN.—In the case of a serious area in which the 
NAAQS for PM–10 is not attained by the applicable attainment date, the 
State in which the serious area is located shall, after notice and opportunity 
for public comment, submit within 12 months after the applicable attain-
ment date, plan provisions that provide for— 
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(1) attainment of the NAAQS for PM–10; and 
(2) an annual reduction in PM–10 or PM–10 precursor emissions 
within the area, from the date of the submission until attainment, of 
not less than 5 percent of the amount of PM–10 or PM–10 precursor 
emissions as reported in the most recent inventory prepared for the se-
rious area. 
(e) PM–10 PRECURSORS.— 
(1) IN GENERAL.—The control requirements applicable under plans 
in effect under this chapter for major stationary sources of PM–10 
shall apply to major stationary sources of PM–10 precursors, except 
where the Administrator determines that major stationary sources of 
PM–10 precursors do not contribute significantly to PM–10 levels that 
exceed the NAAQS in the serious area. 
(2) GUIDELINES.—The Administrator shall issue guidelines regard-
ing the application of paragraph (1). 
§ 215404. Issuance of RACM and BACM guidance 
(a) IN GENERAL.—The Administrator shall issue, in the same manner 
and according to the same procedure as guidance is issued under section 
211108(c) of this title, technical guidance on reasonably available control 
measures and best available control measures for— 
(1) urban fugitive dust; and 
(2) emissions from residential wood combustion (including curtail-
ments and exemptions from curtailments) and prescribed silvicultural 
and agricultural burning. 
(b) OTHER CATEGORIES OF SOURCES CONTRIBUTING TO NONATTAIN-
MENT OF THE PM–10 STANDARD.—The Administrator shall— 
(1) examine other categories of sources contributing to nonattain-
ment of the PM–10 standard; 
(2) determine whether additional guidance on reasonably available 
control measures and best available control measures is needed; and 
(3) issue any such guidance. 
(c) CONSIDERATIONS.—In issuing guidelines and making determinations 
under this section, the Administrator (in consultation with the States) shall 
take into account emission reductions achieved, or expected to be achieved, 
under subdivision 5 and other provisions of this division. 
Subchapter V—Additional Provisions for 
Areas Designated Nonattainment for Sul-
fur Dioxides, Nitrogen Oxide, or Lead 
§ 215501. Plan submission deadlines 
(a) SUBMISSION.—Any State containing an area designated or redesig-
nated under section 211107(d) of this title as nonattainment with respect 
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to the primary NAAQSes for sulfur oxides, nitrogen dioxide, or lead subse-
quent to November 15, 1990, shall submit to the Administrator, within 18 
months of the designation, an applicable implementation plan meeting the 
requirements of this chapter. 
(b) STATES
LACKING
FULLY
APPROVED
STATE
IMPLEMENTATION 
PLANS.—Any State containing an area designated nonattainment with re-
spect to primary NAAQSes for sulfur oxides or nitrogen dioxide under sec-
tion 211107(d)(1)(C)(i) of this title, but lacking a fully approved implemen-
tation plan complying with the requirements of the Clean Air Act (42 
U.S.C. 7401 et seq.) as in effect on November 14, 1990, shall submit to 
the Administrator an implementation plan meeting the requirements of sub-
chapter I (except as otherwise prescribed by section 215502 of this title). 
§ 215502. Attainment dates 
(a) PLANS UNDER SECTION 215501(a).—Implementation plans required 
under section 215501(a) of this title shall provide for attainment of the rel-
evant primary standard as expeditiously as practicable but not later than 
5 years after the date of the nonattainment designation. 
(b) PLANS UNDER SECTION 215501(b).—Implementation plans required 
under section 215501(b) of this title shall provide for attainment of the rel-
evant primary NAAQS 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 approval, were 
found by the Administrator to be substantially inadequate, shall provide for 
attainment of the relevant primary standard within 5 years after the date 
of the finding. 
Subchapter VI—Savings Provisions 
§ 215601. General savings clause 
Each regulation, standard, notice, order, and guidance promulgated or 
issued by the Administrator under the Clean Air Act (42 U.S.C. 7401 et 
seq.) (as in effect before November 15, 1990) shall remain in effect accord-
ing to its terms, except to the extent otherwise provided under this division, 
inconsistent with any provision of this division, or revised by the Adminis-
trator. 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 that is a nonattainment area for any air pollutant may be modi-
fied in any manner unless the modification ensures equivalent or greater 
emission reductions of that air pollutant. 
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