303 
onstrate attainment with the NAAQSes. In considering such 
measures, the State should ensure adequate access to down-
town, other commercial, and residential areas and should 
avoid measures that increase or relocate emissions and con-
gestion rather than reduce them. 
(B) PROGRAMS
TO
REDUCE
WORK-RELATED
VEHICLE
TRIPS 
AND MILES TRAVELED BY EMPLOYEES.— 
(i) IN GENERAL.—The State may include in its applicable 
implementation plan a provision requiring employers in the 
severe area to implement programs to reduce work-related ve-
hicle trips and miles traveled by employees. 
(ii) GUIDANCE; OCCUPANCY PER VEHICLE.—A provision de-
scribed in clause (i) shall be developed in accordance with 
guidance issued by the Administrator pursuant to section 
211108(f) of this title and may require that employers in the 
severe area increase average passenger occupancy per vehicle 
in commuting trips between home and the workplace during 
peak travel periods. The guidance of the Administrator may 
specify average vehicle occupancy rates that vary for locations 
within a nonattainment area (suburban, center city, business 
district) or among nonattainment areas reflecting existing oc-
cupancy rates and the availability of high occupancy modes. 
(iii) ALTERNATIVE METHODS.—Any State required to sub-
mit a revision under section 182(d)(1)(B) of the Clean Air 
Act (42 U.S.C. 7511a(d)(1)(B)) (as in effect before Decem-
ber 23, 1995) containing provisions requiring employers to re-
duce work-related vehicle trips and miles traveled by employ-
ees may, in accordance with State law, remove those provi-
sions from the implementation plan, or withdraw its submis-
sion, if the State notifies the Administrator, in writing, that 
the State has undertaken, or will undertake, 1 or more alter-
native methods that will achieve emission reductions equiva-
lent to those to be achieved by the removed or withdrawn pro-
visions. 
(4) OFFSET REQUIREMENT.—For purposes of satisfying the offset 
requirements pursuant to this chapter, the ratio of total emission re-
ductions of volatile organic compounds to total increased emissions of 
volatile organic compounds shall be at least 1.3 to 1, except that if the 
State applicable implementation plan requires all existing major sources 
in the nonattainment area to use best available control technology (as 
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defined in section 213102 of this title) for the control of volatile or-
ganic compounds, the ratio shall be at least 1.2 to 1. 
(5) ENFORCEMENT UNDER SECTION 215206.—The State shall submit 
a plan revision that includes the provisions required under section 
215206 of this title. 
(e) EXTREME AREAS.— 
(1) IN GENERAL.—Each State in which all or part of an extreme 
area is located shall, with respect to the extreme area, include in its 
applicable implementation plan the provisions (including plan items) 
described under this subsection and subsection (d) (except that any ref-
erence to an attainment date in subsection (b), (c), or (d), incorporated 
by reference in this subsection, shall refer to the attainment date for 
extreme areas). 
(2) 
INAPPLICABILITY
OF
CERTAIN
PROVISIONS.—Subsection 
(b)(2)(B)(ii) and paragraphs (4)(C)(i)(I)(bb), (8), (9), and (10) of sub-
section (c) shall not apply in the case of an extreme area. 
(3) MAJOR SOURCE; MAJOR STATIONARY SOURCE.—For any extreme 
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 10 tons per year of volatile organic compounds. 
(4) OFFSET REQUIREMENT.—For purposes of satisfying the offset 
requirements pursuant to this chapter, the ratio of total emission re-
ductions of volatile organic compounds to total increased emissions of 
volatile organic compounds shall be at least 1.5 to 1, except that if the 
State plan requires all existing major sources in the nonattainment 
area to use best available control technology (as defined in section 
213102 of this title) for the control of volatile organic compounds, the 
ratio shall be at least 1.2 to 1. 
(5) MODIFICATIONS.— 
(A) IN GENERAL.—Except as provided in subparagraph (B), 
any change (as described in section 211111(a)(2) of this title) at 
a major stationary source that results in any increase in emissions 
from any discrete operation, unit, or other pollutant-emitting ac-
tivity at the source shall be considered a modification for purposes 
of sections 215102(c)(5) and 215103(a) of this title. 
(B) ELECTION TO OFFSET.—For purposes of complying with 
the offset requirement pursuant to section 215103(a)(1)(A) of this 
title, any change described in subparagraph (A) shall not be con-
sidered to be a modification if the owner or operator of the source 
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305 
elects to offset the increase by a greater reduction in emissions of 
the air pollutant concerned from other discrete operations, units, 
or activities within the source at an internal offset ratio of at least 
1.3 to 1. 
(C) NONAPPLICABILITY OF OFFSET PROVISIONS.—The offset re-
quirements of this chapter shall not be applicable in extreme areas 
to a modification of an existing source if the modification consists 
of installation of equipment required to comply with the applicable 
implementation plan, a permit, or this division. 
(6) USE OF CLEAN FUELS OR ADVANCED CONTROL TECHNOLOGY.— 
(A) DEFINITION OF PRIMARY FUEL.—In this paragraph, the 
term ‘‘primary fuel’’ means the fuel that is used by an electric 
utility or industrial or commercial boiler 90 percent or more of the 
operating time. 
(B) CERTAIN ELECTRIC UTILITIES AND INDUSTRIAL AND COM-
MERCIAL BOILERS.—For extreme areas, a State applicable imple-
mentation plan shall include a provision requiring that each new, 
modified, and existing electric utility and industrial and commer-
cial boiler that emits more than 25 tons per year of nitrogen ox-
ides— 
(i) burn as its primary fuel natural gas, methanol, or eth-
anol (or a comparably low-polluting fuel); or 
(ii) use advanced control technology (such as catalytic con-
trol technology or other comparably effective control methods) 
for reduction of emissions of nitrogen oxides. 
(C) APPLICABILITY.—This paragraph shall not apply during 
any natural gas supply emergency (as defined in title III of the 
Natural Gas Policy Act of 1978 (15 U.S.C. 3361 et seq.)). 
(7) TRAFFIC
CONTROL
MEASURES
DURING
HEAVY
TRAFFIC 
HOURS.—For extreme areas, a State applicable implementation plan 
may contain provisions establishing traffic control measures applicable 
during heavy traffic hours to reduce the use of high-polluting vehicles 
or heavy-duty vehicles, notwithstanding any other provision of law. 
(8) NEW TECHNOLOGIES.— 
(A) IN GENERAL.—The Administrator may, in accordance with 
section 211110 of this title, approve provisions of an implementa-
tion plan for an extreme area that anticipate development of new 
control techniques or improvement of existing control technologies, 
and an attainment demonstration based on such provisions, if the 
State demonstrates to the satisfaction of the Administrator that— 
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306 
(i) such provisions are not necessary to achieve the incre-
mental emission reductions required during the 1st 10 years 
after November 15, 1990; and 
(ii) the State has submitted enforceable commitments to 
develop and adopt contingency measures to be implemented 
as set forth in subparagraph (B) if the anticipated tech-
nologies do not achieve planned reductions. 
(B) SUBMISSION AND APPROVAL OR DISAPPROVAL OF CONTIN-
GENCY MEASURES.—Contingency measures described in subpara-
graph (A) shall be submitted to the Administrator not later than 
3 years before proposed implementation of the plan provisions and 
approved or disapproved by the Administrator in accordance with 
section 211110 of this title. 
(C) ADEQUACY.—The contingency measures shall be adequate 
to produce emission reductions sufficient, in conjunction with 
other approved plan provisions, to achieve the periodic emission re-
ductions required by subsection (b)(2) or (c)(4) and attainment by 
the applicable dates. 
(D) FAILURE TO ACHIEVE EMISSION REDUCTION.—If the Ad-
ministrator determines that an extreme area has failed to achieve 
an emission reduction requirement set forth in subsection (b)(2) 
or (c)(4), and that the failure is due in whole or part to an inabil-
ity to fully implement provisions approved pursuant to this sub-
section, the Administrator shall require the State to implement the 
contingency measures to the extent necessary to ensure compliance 
with subsections (b)(2) and (c)(4). 
(f) NITROGEN OXIDE REQUIREMENTS.— 
(1) IN GENERAL.— 
(A) APPLICABILITY OF PROVISIONS RELATING TO VOLATILE OR-
GANIC COMPOUNDS.—The plan provisions required under this sub-
chapter for major stationary sources of volatile organic compounds 
shall apply to major stationary sources (as defined in section 
201101 of this title and subsections (c), (d), and (e)) of nitrogen 
oxides. 
(B) NONAPPLICABILITY OF SUBSECTION.—This subsection shall 
not apply in the case of nitrogen oxides for— 
(i) sources for which the Administrator determines (when 
the Administrator approves a plan or plan revision) that net 
air quality benefits are greater in the absence of reductions 
of nitrogen oxides from the sources concerned; or 
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(ii)(I) nonattainment areas not within an ozone transport 
region under section 215205 of this title, if the Administrator 
determines (when the Administrator approves a plan or plan 
revision) that additional reductions of nitrogen oxides would 
not contribute to attainment of the NAAQS for ozone in the 
area; or 
(II) nonattainment areas within an ozone transport region 
under section 215205 of this title, if the Administrator deter-
mines (when the Administrator approves a plan or plan revi-
sion) that additional reductions of nitrogen oxides would not 
produce net ozone air quality benefits in the ozone transport 
region. 
(C) CONSIDERATIONS.—The Administrator shall, in the Admin-
istrator’s determinations under subparagraph (B), consider the 
study required under section 215207 of this title. 
(2) LIMITATION ON APPLICABILITY.— 
(A) IN GENERAL.—If the Administrator determines that excess 
reductions in emissions of nitrogen oxides would be achieved under 
paragraph (1), the Administrator may limit the application of 
paragraph (1) to the extent necessary to avoid achieving the excess 
reductions. 
(B) EXCESS
EMISSION
REDUCTIONS.—For purposes of this 
paragraph, excess reductions in emissions of nitrogen oxides are— 
(i) emission reductions for which the Administrator deter-
mines that net air quality benefits are greater in the absence 
of such emission reductions; or 
(ii)(I) for nonattainment areas not within an ozone trans-
port region under section 215205 of this title, emission reduc-
tions that the Administrator determines would not contribute 
to attainment of the NAAQS for ozone in the area; or 
(II) for nonattainment areas within an ozone transport re-
gion under section 215205 of this title, emission reductions 
that the Administrator determines would not produce net 
ozone air quality benefits in the ozone transport region. 
(3) PETITION FOR DETERMINATION.—A person may petition the Ad-
ministrator for a determination under paragraph (1) or (2) with re-
spect to any nonattainment area or any ozone transport region under 
section 215205 of this title. The Administrator shall grant or deny 
such a petition within 6 months after its filing with the Administrator. 
(g) APPLICABLE MILESTONES.— 
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(1) REDUCTIONS IN EMISSIONS.—At intervals of 3 years, a State 
shall determine whether each nonattainment area (other than a mar-
ginal area or moderate area) has achieved a reduction in emissions dur-
ing the preceding intervals equivalent to the total emission reductions 
required to be achieved by the end of that interval pursuant to sub-
section (b)(2) and the corresponding requirements of subsections 
(c)(4)(C), (d), and (e). 
(2) COMPLIANCE DEMONSTRATION.—For each nonattainment area 
described in paragraph (1), not later than 90 days after the date on 
which an applicable milestone occurs (not including an attainment date 
on which an applicable milestone occurs in a case in which the standard 
has been attained), each State in which all or part of the area is lo-
cated shall submit to the Administrator a demonstration that the appli-
cable milestone has been met. 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, by regula-
tion. The Administrator shall determine whether or not a State’s dem-
onstration is adequate within 90 days after the Administrator’s receipt 
of a demonstration that contains the information and analysis required 
by the Administrator. 
(3) SERIOUS AREAS AND SEVERE AREAS.— 
(A) STATE ELECTION.—If a State fails to submit a demonstra-
tion under paragraph (2) for any serious area or severe area with-
in the required period or if the Administrator determines that the 
serious area or severe area has not met any applicable milestone, 
the State shall elect, within 90 days after the failure or determina-
tion— 
(i) to have the area reclassified to the next higher classi-
fication; 
(ii) to implement specific additional measures that are ade-
quate, as determined by the Administrator, to meet the next 
applicable milestone as provided in the applicable contingency 
plan; or 
(iii) to adopt an economic incentive program as described 
in paragraph (4). 
(B) ADDITIONAL MEASURES.—If the State makes an election 
under subparagraph (A)(ii), the Administrator shall— 
(i) within 90 days after the election, review the applicable 
contingency plan; and 
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(ii) if the Administrator finds the contingency plan inad-
equate, require further measures necessary to meet the appli-
cable milestone. 
(C) ACCEPTANCE OF ELECTION.—If the State makes an elec-
tion, the election shall be deemed accepted by the Administrator 
as meeting the election requirement. 
(D) FAILURE TO MAKE ELECTION.—If the State fails to make 
an election required under this paragraph within the required 90- 
day period or within 6 months thereafter, the serious area or se-
vere area shall be reclassified to the next higher classification by 
operation of law at the expiration of the 6-month period. 
(E) PLAN REVISION.—Within 12 months after the date required 
for the State to make an election, the State shall submit a revision 
of the applicable implementation plan for the serious area or se-
vere area that meets the requirements of this paragraph. The Ad-
ministrator shall review the plan revision and approve or dis-
approve the revision within 9 months after the date of its submis-
sion. 
(4) ECONOMIC INCENTIVE PROGRAM.— 
(A) IN GENERAL.— 
(i) CONSISTENCY WITH REGULATIONS; SUFFICIENCY.—An 
economic incentive program under this paragraph shall be 
consistent with regulations published by the Administrator 
and sufficient, in combination with other elements of the 
State plan, to achieve the next applicable milestone. 
(ii) ELEMENTS.—The State program may include— 
(I) a nondiscriminatory system, consistent with appli-
cable law regarding interstate commerce, of State-estab-
lished emission fees; 
(II) a system of marketable permits; 
(III) a system of State fees on sale or manufacture of 
products the use of which contributes to ozone forma-
tion; 
(IV) incentives and requirements to reduce vehicle 
emissions and vehicle miles traveled in the serious area 
or severe area, including any of the transportation con-
trol measures identified in section 211108(f) of this title; 
or 
(V) any combination of the foregoing or other similar 
measures. 
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(B) REGULATIONS.—The Administrator shall publish regula-
tions for the programs to be adopted pursuant to subparagraph 
(A). The regulations shall include model plan provisions that may 
be adopted for reducing emissions from permitted stationary 
sources, area sources, and mobile sources. 
(C) GUIDELINES.—The guidelines shall require that any reve-
nues generated by the plan provisions adopted pursuant to sub-
paragraph (A) shall be used by the State for any of the following: 
(i) Providing incentives for achieving emission reductions. 
(ii) Providing assistance for the development of innovative 
technologies for the control of ozone air pollution and for the 
development of lower-polluting solvents and surface coatings. 
Such assistance shall not provide for the payment of more 
than 75 percent of the costs of any project to develop such 
a technology or the costs of development of a lower-polluting 
solvent or surface coating. 
(iii) Funding the administrative costs of State programs 
under this division. Not more than 50 percent of such reve-
nues may be used for purposes of this clause. 
(5) EXTREME AREAS.—If a State fails to submit a demonstration 
under paragraph (2) for any extreme area within the required period, 
or if the Administrator determines that the area has not met any appli-
cable milestone, the State shall, within 9 months after the failure or 
determination, submit a plan revision to implement an economic incen-
tive program that meets the requirements of paragraph (4). The Ad-
ministrator shall review the plan revision and approve or disapprove the 
revision within 9 months after the date of its submission. 
(h) RURAL TRANSPORT AREAS.— 
(1) TREATMENT
BY
OPERATION
OF
LAW.—Notwithstanding any 
other provision of this section or section 215202 of this title, a State 
containing an ozone nonattainment area that does not include, and is 
not adjacent to, any part of a Metropolitan Statistical Area or, where 
one exists, a Consolidated Metropolitan Statistical Area (as defined by 
the Bureau of the Census), which area is treated by the Administrator, 
in the Administrator’s discretion, as a rural transport area within the 
meaning of paragraph (2), shall be treated by operation of law as satis-
fying the requirements of this section if the State applicable implemen-
tation plan includes the provisions required under subsection (a). 
(2) TREATMENT BY THE ADMINISTRATOR.—The Administrator may 
treat an ozone nonattainment area as a rural transport area if the Ad-
ministrator finds that sources of volatile organic compounds emissions 
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(and, where the Administrator determines it to be relevant, nitrogen 
oxide emissions) within the area do not make a significant contribution 
to the ozone concentrations measured in the ozone nonattainment area 
or in other areas. 
(i) RECLASSIFIED AREAS.—Each State containing an ozone nonattain-
ment area reclassified under section 215202(b)(2) of this title shall meet 
such requirements of subsections (b) through (d) as may be applicable to 
the area as reclassified, according to the schedules prescribed in connection 
with those requirements, except that the Administrator may adjust any ap-
plicable deadlines (other than attainment dates) to the extent that an ad-
justment is necessary or appropriate to ensure consistency among the re-
quired provisions. 
(j) MULTI-STATE OZONE NONATTAINMENT AREAS.— 
(1) DEFINITION OF MULTI-STATE OZONE NONATTAINMENT AREA.— 
In this subsection, the term ‘‘multi-State ozone nonattainment area’’ 
means a single ozone nonattainment area that is located in more than 
1 State. 
(2) COORDINATION AMONG STATES.— 
(A) IN GENERAL.—Each State in which there is located a por-
tion of a single ozone nonattainment area shall— 
(i) take all reasonable steps to coordinate, substantively 
and procedurally, the provisions and implementation of State 
implementation plans applicable to the nonattainment area 
concerned; and 
(ii) use photochemical grid modeling or any other analytical 
method determined by the Administrator, in the Administra-
tor’s discretion, to be at least as effective. 
(B) NO PLAN PROVISION APPROVAL ABSENT COMPLIANCE.— 
The Administrator may not approve any provision of a State im-
plementation plan submitted under this subchapter for a State in 
which part of a multi-State ozone nonattainment area is located 
if the plan revision fails to comply with this paragraph. 
(3) FAILURE
TO
DEMONSTRATE
ATTAINMENT.—If any State in 
which there is located a portion of a multi-State ozone nonattainment 
area fails to provide a demonstration of attainment of the NAAQS for 
ozone in that portion within the required period, the State may petition 
the Administrator to make a finding that the State would have been 
able to make such a demonstration but for the failure of 1 or more 
other States in which other portions of the multi-State ozone non-
attainment area are located to commit to the implementation of all 
measures required under this section. If the Administrator makes such 
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