299 
evant applicable implementation plan that in the Administra-
tor’s judgment will achieve long-term reductions in ozone-pro-
ducing and toxic air emissions equal to those achieved under 
chapter 225, or the percentage thereof attributable to the 
portion of the clean-fuel vehicle program for which the provi-
sion is to substitute. 
(ii) REQUIREMENT
FOR
APPROVAL.—The Administrator 
may approve such a provision only if it consists exclusively of 
provisions other than those required under this division for 
the area. 
(iii) DEADLINE.—Any State seeking approval of such a 
provision must have submitted the revision to the Adminis-
trator within 24 months of November 15, 1990. 
(iv) RULEMAKING.—The Administrator shall publish the 
provision submitted by a State in the Federal Register on re-
ceipt. The notice shall constitute a notice of proposed rule-
making on whether to approve the provision and shall be 
deemed to comply with the requirements concerning notices of 
proposed rulemaking contained in sections 553 to 557 of title 
5. 
(v) NO PROVISION UNDER SUBPARAGRAPH (A).—Where the 
Administrator approves such a provision for any area, the 
State need not submit the provision required by subparagraph 
(A) for the area with respect to the portions of the Federal 
clean-fuel vehicle program for which the Administrator has 
approved the provision as a substitute. 
(C) FAILURE TO SUBMIT PROGRAM.—If the Administrator de-
termines under section 215111 of this title that a State has failed 
to submit any portion of the program required under subpara-
graph (A), in addition to any sanctions available under section 
215111 of this title, the State may not receive credit, in any dem-
onstration of attainment or reasonable further progress for the 
area, for any emission reductions from implementation of the cor-
responding aspects of the Federal clean-fuel vehicle requirements 
established in chapter 225. 
(7) TRANSPORTATION CONTROL.— 
(A) IN GENERAL.—Every 3 years, a State shall submit a dem-
onstration whether current aggregate vehicle mileage, aggregate 
vehicle emissions, congestion levels, and other relevant parameters 
are consistent with those used for the area’s demonstration of at-
tainment. 
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(B) EXCEEDANCE.—Where such parameters and emissions lev-
els exceed the levels projected for purposes of the area’s attain-
ment demonstration, the State shall within 18 months develop and 
submit a revision of the applicable implementation plan that in-
cludes a transportation control measures program that includes 
measures described in section 211108(f) of this title that will re-
duce emissions to levels that are consistent with emission levels 
projected in the demonstration. In considering such measures, the 
State should ensure adequate access to downtown, other commer-
cial, and residential areas and should avoid measures that increase 
or relocate emissions and congestion rather than reduce them. 
(C) DEVELOPMENT; SCHEDULES.—A revision under subpara-
graph (B)— 
(i) shall be developed in accordance with guidance issued 
by the Administrator pursuant to section 211108(e) of this 
title and with the requirements of section 215104(b) of this 
title; and 
(ii) shall include implementation and funding schedules 
that achieve expeditious emissions reductions in accordance 
with implementation plan projections. 
(8) DE MINIMIS RULE.—The new source review provisions under this 
chapter shall ensure that increased emissions of volatile organic com-
pounds resulting from any physical change in, or change in the method 
of operation of, a stationary source located in the serious area shall not 
be considered de minimis for purposes of determining the applicability 
of the permit requirements established by this division unless the in-
crease in net emissions of volatile organic compounds from the sta-
tionary source does not exceed 25 tons when aggregated with all other 
net increases in emissions from the source over any period of 5 con-
secutive calendar years that includes the calendar year in which the in-
crease occurred. 
(9) SPECIAL RULE FOR MODIFICATION OF SOURCES EMITTING LESS 
THAN 100 TONS.— 
(A) IN GENERAL.—Except as provided in subparagraph (B), in 
the case of any major stationary source of volatile organic com-
pounds located in the serious area (other than a source that emits 
or has the potential to emit 100 tons or more of volatile organic 
compounds per year), whenever any change (as described in sec-
tion 211111(a)(2) of this title) at that source results in any in-
crease (other than a de minimis increase) in emissions of volatile 
organic compounds from any discrete operation, unit, or other pol-
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lutant emitting activity at the source, the change shall be consid-
ered to be a modification for purposes of sections 215102(c)(5) 
and 
215103(a) 
of 
this 
title, 
but 
in 
applying 
section 
215103(a)(1)(B) of this title in the case of any such modification, 
the best available control technology (as defined in section 213102 
of this title) shall be substituted for the lowest achievable emission 
rate. 
(B) ELECTION TO OFFSET.—A change described in subpara-
graph (A) shall not be considered to be a modification for the pur-
poses described in subparagraph (A) if the owner or operator of 
the source elects to offset the increase by a greater reduction in 
emissions of volatile organic compounds concerned from other op-
erations, units, or activities within the source at an internal offset 
ratio of at least 1.3 to 1. 
(C) ELECTION NOT MADE.—If the owner or operator does not 
make the election described in subparagraph (B), the change shall 
be considered a modification for the purposes described in sub-
paragraph (A), but in applying section 215103(a)(1)(B) of this 
title in the case of any such modification, the best available control 
technology, as defined in section 213102 of this title, shall be sub-
stituted for the lowest achievable emission rate. 
(D) POLICIES AND PROCEDURES.—The Administrator shall es-
tablish and publish policies and procedures for implementing this 
paragraph. 
(10) SPECIAL RULE FOR MODIFICATIONS OF SOURCES EMITTING 100 
TONS OR MORE.— 
(A) IN GENERAL.—Except as provided in subparagraph (B), in 
the case of any major stationary source of volatile organic com-
pounds located in the serious area that emits or has the potential 
to emit 100 tons or more of volatile organic compounds per year, 
whenever any change (as described in section 211111(a)(2) of this 
title) at that source results in any increase (other than a de mini-
mis increase) in emissions of volatile organic compounds from any 
discrete operation, unit, or other pollutant emitting activity at the 
source, the change shall be considered a modification for purposes 
of sections 215102(c)(5) and 215103(a) of this title. 
(B) ELECTION TO OFFSET.—If the owner or operator of the 
source elects to offset the increase by a greater reduction in emis-
sions of volatile organic compounds from other operations, units, 
or activities within the source at an internal offset ratio of at least 
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1.3 to 1, the requirements of section 215103(a)(1)(B) of this title 
shall not apply. 
(11) CONTINGENCY
PROVISIONS.—In addition to the contingency 
provisions required under section 215102(c)(9) of this title, the plan 
revision shall provide for the implementation of specific measures to be 
undertaken if the serious area fails to meet any applicable milestone. 
The measures shall be included in the plan provision as contingency 
measures to take effect without further action by the State or the Ad-
ministrator on a failure by the State to meet the applicable milestone. 
(12) 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 increase emis-
sions of an air pollutant shall be at least 1.2 to 1. 
(d) SEVERE AREAS.— 
(1) IN GENERAL.—Each State in which all or part of a severe area 
is located shall, with respect to the severe area, include in its applicable 
implementation plan the provisions (including plan items) described 
under this subsection and subsection (c) (except that any reference to 
an attainment date in subsection (b) or (c), incorporated by reference 
in this subsection, shall refer to the attainment date for severe areas). 
(2) MAJOR SOURCE; MAJOR STATIONARY SOURCE.—For any severe 
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 25 tons per year of volatile organic compounds. 
(3) VEHICLE MILES TRAVELED.— 
(A) TRANSPORTATION CONTROL STRATEGIES AND TRANSPOR-
TATION CONTROL MEASURES.— 
(i) IN GENERAL.—A State applicable implementation plan 
shall include a provision that identifies and adopts specific en-
forceable transportation control strategies and transportation 
control measures to offset any growth in emissions from 
growth in vehicle miles traveled or numbers of vehicle trips 
in the severe area and to attain reduction in motor vehicle 
emissions as necessary, in combination with other emission 
reduction requirements of this subchapter, to comply with 
subsections (b)(2) and (c)(4)(C)(i). 
(ii) CONSIDERATIONS.—The State shall consider measures 
specified in section 211108(f) of this title and choose from 
among and implement those measures as necessary to dem-
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