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U.S. Code as of:
01/19/04
Section 7410. State implementation plans for national primary and secondary ambient air quality standards
(a) Adoption of plan by State; submission to Administrator; content
of plan; revision; new sources; indirect source review program;
supplemental or intermittent control systems
(1) Each State shall, after reasonable notice and public
hearings, adopt and submit to the Administrator, within 3 years (or
such shorter period as the Administrator may prescribe) after the
promulgation of a national primary ambient air quality standard (or
any revision thereof) under section 7409 of this title for any air
pollutant, a plan which provides for implementation, maintenance,
and enforcement of such primary standard in each air quality
control region (or portion thereof) within such State. In addition,
such State shall adopt and submit to the Administrator (either as a
part of a plan submitted under the preceding sentence or
separately) within 3 years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
ambient air quality secondary standard (or revision thereof), a
plan which provides for implementation, maintenance, and
enforcement of such secondary standard in each air quality control
region (or portion thereof) within such State. Unless a separate
public hearing is provided, each State shall consider its plan
implementing such secondary standard at the hearing required by the
first sentence of this paragraph.
(2) Each implementation plan submitted by a State under this
chapter shall be adopted by the State after reasonable notice and
public hearing. Each such plan shall -
(A) include enforceable emission limitations and other control
measures, means, or techniques (including economic incentives
such as fees, marketable permits, and auctions of emissions
rights), as well as schedules and timetables for compliance, as
may be necessary or appropriate to meet the applicable
requirements of this chapter;
(B) provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to -
(i) monitor, compile, and analyze data on ambient air
quality, and
(ii) upon request, make such data available to the
Administrator;
(C) include a program to provide for the enforcement of the
measures described in subparagraph (A), and regulation of the
modification and construction of any stationary source within the
areas covered by the plan as necessary to assure that national
ambient air quality standards are achieved, including a permit
program as required in parts C and D of this subchapter;
(D) contain adequate provisions -
(i) prohibiting, consistent with the provisions of this
subchapter, any source or other type of emissions activity
within the State from emitting any air pollutant in amounts
which will -
(I) contribute significantly to nonattainment in, or
interfere with maintenance by, any other State with respect
to any such national primary or secondary ambient air quality
standard, or
(II) interfere with measures required to be included in the
applicable implementation plan for any other State under part
C of this subchapter to prevent significant deterioration of
air quality or to protect visibility,
(ii) insuring compliance with the applicable requirements of
sections 7426 and 7415 of this title (relating to interstate
and international pollution abatement);
(E) provide (i) necessary assurances that the State (or, except
where the Administrator deems inappropriate, the general purpose
local government or governments, or a regional agency designated
by the State or general purpose local governments for such
purpose) will have adequate personnel, funding, and authority
under State (and, as appropriate, local) law to carry out such
implementation plan (and is not prohibited by any provision of
Federal or State law from carrying out such implementation plan
or portion thereof), (ii) requirements that the State comply with
the requirements respecting State boards under section 7428 of
this title, and (iii) necessary assurances that, where the State
has relied on a local or regional government, agency, or
instrumentality for the implementation of any plan provision, the
State has responsibility for ensuring adequate implementation of
such plan provision;
(F) require, as may be prescribed by the Administrator -
(i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps, by
owners or operators of stationary sources to monitor emissions
from such sources,
(ii) periodic reports on the nature and amounts of emissions
and emissions-related data from such sources, and
(iii) correlation of such reports by the State agency with
any emission limitations or standards established pursuant to
this chapter, which reports shall be available at reasonable
times for public inspection;
(G) provide for authority comparable to that in section 7603 of
this title and adequate contingency plans to implement such
authority;
(H) provide for revision of such plan -
(i) from time to time as may be necessary to take account of
revisions of such national primary or secondary ambient air
quality standard or the availability of improved or more
expeditious methods of attaining such standard, and
(ii) except as provided in paragraph (3)(C), whenever the
Administrator finds on the basis of information available to
the Administrator that the plan is substantially inadequate to
attain the national ambient air quality standard which it
implements or to otherwise comply with any additional
requirements established under this chapter;
(I) in the case of a plan or plan revision for an area
designated as a nonattainment area, meet the applicable
requirements of part D of this subchapter (relating to
nonattainment areas);
(J) meet the applicable requirements of section 7421 of this
title (relating to consultation), section 7427 of this title
(relating to public notification), and part C of this subchapter
(relating to prevention of significant deterioration of air
quality and visibility protection);
(K) provide for -
(i) the performance of such air quality modeling as the
Administrator may prescribe for the purpose of predicting the
effect on ambient air quality of any emissions of any air
pollutant for which the Administrator has established a
national ambient air quality standard, and
(ii) the submission, upon request, of data related to such
air quality modeling to the Administrator;
(L) require the owner or operator of each major stationary
source to pay to the permitting authority, as a condition of any
permit required under this chapter, a fee sufficient to cover -
(i) the reasonable costs of reviewing and acting upon any
application for such a permit, and
(ii) if the owner or operator receives a permit for such
source, the reasonable costs of implementing and enforcing the
terms and conditions of any such permit (not including any
court costs or other costs associated with any enforcement
action),
until such fee requirement is superseded with respect to such
sources by the Administrator's approval of a fee program under
subchapter V of this chapter; and
(M) provide for consultation and participation by local
political subdivisions affected by the plan.
(3)(A) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(1), Nov.
15, 1990, 104 Stat. 2409.
(B) As soon as practicable, the Administrator shall, consistent
with the purposes of this chapter and the Energy Supply and
Environmental Coordination Act of 1974 [15 U.S.C. 791 et seq.],
review each State's applicable implementation plans and report to
the State on whether such plans can be revised in relation to fuel
burning stationary sources (or persons supplying fuel to such
sources) without interfering with the attainment and maintenance of
any national ambient air quality standard within the period
permitted in this section. If the Administrator determines that any
such plan can be revised, he shall notify the State that a plan
revision may be submitted by the State. Any plan revision which is
submitted by the State shall, after public notice and opportunity
for public hearing, be approved by the Administrator if the
revision relates only to fuel burning stationary sources (or
persons supplying fuel to such sources), and the plan as revised
complies with paragraph (2) of this subsection. The Administrator
shall approve or disapprove any revision no later than three months
after its submission.
(C) Neither the State, in the case of a plan (or portion thereof)
approved under this subsection, nor the Administrator, in the case
of a plan (or portion thereof) promulgated under subsection (c) of
this section, shall be required to revise an applicable
implementation plan because one or more exemptions under section
7418 of this title (relating to Federal facilities), enforcement
orders under section 7413(d) )1(! of this title, suspensions under
subsection (f) or (g) of this section (relating to temporary energy
or economic authority), orders under section 7419 of this title
(relating to primary nonferrous smelters), or extensions of
compliance in decrees entered under section 7413(e) )1(! of this
title (relating to iron- and steel-producing operations) have been
granted, if such plan would have met the requirements of this
section if no such exemptions, orders, or extensions had been
granted.
(4) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(2), Nov. 15,
1990, 104 Stat. 2409.
(5)(A)(i) Any State may include in a State implementation plan,
but the Administrator may not require as a condition of approval of
such plan under this section, any indirect source review program.
The Administrator may approve and enforce, as part of an applicable
implementation plan, an indirect source review program which the
State chooses to adopt and submit as part of its plan.
(ii) Except as provided in subparagraph (B), no plan promulgated
by the Administrator shall include any indirect source review
program for any air quality control region, or portion thereof.
(iii) Any State may revise an applicable implementation plan
approved under this subsection to suspend or revoke any such
program included in such plan, provided that such plan meets the
requirements of this section.
(B) The Administrator shall have the authority to promulgate,
implement and enforce regulations under subsection (c) of this
section respecting indirect source review programs which apply only
to federally assisted highways, airports, and other major federally
assisted indirect sources and federally owned or operated indirect
sources.
(C) For purposes of this paragraph, the term "indirect source
means a facility, building, structure, installation, real property,
road, or highway which attracts, or may attract, mobile sources of
pollution. Such term includes parking lots, parking garages, and
other facilities subject to any measure for management of parking
supply (within the meaning of subsection (c)(2)(D)(ii) of this
section), including regulation of existing off-street parking but
such term does not include new or existing on-street parking.
Direct emissions sources or facilities at, within, or associated
with, any indirect source shall not be deemed indirect sources for
the purpose of this paragraph.
(D) For purposes of this paragraph the term "indirect source
review program" means the facility-by-facility review of indirect
sources of air pollution, including such measures as are necessary
to assure, or assist in assuring, that a new or modified indirect
source will not attract mobile sources of air pollution, the
emissions from which would cause or contribute to air pollution
concentrations -
(i) exceeding any national primary ambient air quality standard
for a mobile source-related air pollutant after the primary
standard attainment date, or
(ii) preventing maintenance of any such standard after such
date.
(E) For purposes of this paragraph and paragraph (2)(B), the term
"transportation control measure" does not include any measure which
is an "indirect source review program".
(6) No State plan shall be treated as meeting the requirements of
this section unless such plan provides that in the case of any
source which uses a supplemental, or intermittent control system
for purposes of meeting the requirements of an order under section
7413(d) )1(! of this title or section 7419 of this title (relating
to primary nonferrous smelter orders), the owner or operator of
such source may not temporarily reduce the pay of any employee by
reason of the use of such supplemental or intermittent or other
dispersion dependent control system.
(b) Extension of period for submission of plans
The Administrator may, wherever he determines necessary, extend
the period for submission of any plan or portion thereof which
implements a national secondary ambient air quality standard for a
period not to exceed 18 months from the date otherwise required for
submission of such plan.
(c) Preparation and publication by Administrator of proposed
regulations setting forth implementation plan; transportation
regulations study and report; parking surcharge; suspension
authority; plan implementation
(1) The Administrator shall promulgate a Federal implementation
plan at any time within 2 years after the Administrator -
(A) finds that a State has failed to make a required submission
or finds that the plan or plan revision submitted by the State
does not satisfy the minimum criteria established under
subsection (k)(1)(A) of this section, or
(B) disapproves a State implementation plan submission in whole
or in part,
unless the State corrects the deficiency, and the Administrator
approves the plan or plan revision, before the Administrator
promulgates such Federal implementation plan.
(2)(A) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(A),
Nov. 15, 1990, 104 Stat. 2409.
(B) No parking surcharge regulation may be required by the
Administrator under paragraph (1) of this subsection as a part of
an applicable implementation plan. All parking surcharge
regulations previously required by the Administrator shall be void
upon June 22, 1974. This subparagraph shall not prevent the
Administrator from approving parking surcharges if they are adopted
and submitted by a State as part of an applicable implementation
plan. The Administrator may not condition approval of any
implementation plan submitted by a State on such plan's including a
parking surcharge regulation.
(C) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(B), Nov.
15, 1990, 104 Stat. 2409.
(D) For purposes of this paragraph -
(i) The term "parking surcharge regulation" means a regulation
imposing or requiring the imposition of any tax, surcharge, fee,
or other charge on parking spaces, or any other area used for the
temporary storage of motor vehicles.
(ii) The term "management of parking supply" shall include any
requirement providing that any new facility containing a given
number of parking spaces shall receive a permit or other prior
approval, issuance of which is to be conditioned on air quality
considerations.
(iii) The term "preferential bus/carpool lane" shall include
any requirement for the setting aside of one or more lanes of a
street or highway on a permanent or temporary basis for the
exclusive use of buses or carpools, or both.
(E) No standard, plan, or requirement, relating to management of
parking supply or preferential bus/carpool lanes shall be
promulgated after June 22, 1974, by the Administrator pursuant to
this section, unless such promulgation has been subjected to at
least one public hearing which has been held in the area affected
and for which reasonable notice has been given in such area. If
substantial changes are made following public hearings, one or more
additional hearings shall be held in such area after such notice.
(3) Upon application of the chief executive officer of any
general purpose unit of local government, if the Administrator
determines that such unit has adequate authority under State or
local law, the Administrator may delegate to such unit the
authority to implement and enforce within the jurisdiction of such
unit any part of a plan promulgated under this subsection. Nothing
in this paragraph shall prevent the Administrator from implementing
or enforcing any applicable provision of a plan promulgated under
this subsection.
(4) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(C), Nov.
15, 1990, 104 Stat. 2409.
(5)(A) Any measure in an applicable implementation plan which
requires a toll or other charge for the use of a bridge located
entirely within one city shall be eliminated from such plan by the
Administrator upon application by the Governor of the State, which
application shall include a certification by the Governor that he
will revise such plan in accordance with subparagraph (B).
(B) In the case of any applicable implementation plan with
respect to which a measure has been eliminated under subparagraph
(A), such plan shall, not later than one year after August 7, 1977,
be revised to include comprehensive measures to:
(i) establish, expand, or improve public transportation
measures to meet basic transportation needs, as expeditiously as
is practicable; and
(ii) implement transportation control measures necessary to
attain and maintain national ambient air quality standards,
and such revised plan shall, for the purpose of implementing such
comprehensive public transportation measures, include requirements
to use (insofar as is necessary) Federal grants, State or local
funds, or any combination of such grants and funds as may be
consistent with the terms of the legislation providing such grants
and funds. Such measures shall, as a substitute for the tolls or
charges eliminated under subparagraph (A), provide for emissions
reductions equivalent to the reductions which may reasonably be
expected to be achieved through the use of the tolls or charges
eliminated.
(C) Any revision of an implementation plan for purposes of
meeting the requirements of subparagraph (B) shall be submitted in
coordination with any plan revision required under part D of this
subchapter.
(d), (e) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(4), (5),
Nov. 15, 1990, 104 Stat. 2409
(f) National or regional energy emergencies; determination by
President
(1) Upon application by the owner or operator of a fuel burning
stationary source, and after notice and opportunity for public
hearing, the Governor of the State in which such source is located
may petition the President to determine that a national or regional
energy emergency exists of such severity that -
(A) a temporary suspension of any part of the applicable
implementation plan or of any requirement under section 7651j of
this title (concerning excess emissions penalties or offsets) may
be necessary, and
(B) other means of responding to the energy emergency may be
inadequate.
Such determination shall not be delegable by the President to any
other person. If the President determines that a national or
regional energy emergency of such severity exists, a temporary
emergency suspension of any part of an applicable implementation
plan or of any requirement under section 7651j of this title
(concerning excess emissions penalties or offsets) adopted by the
State may be issued by the Governor of any State covered by the
President's determination under the condition specified in
paragraph (2) and may take effect immediately.
(2) A temporary emergency suspension under this subsection shall
be issued to a source only if the Governor of such State finds that
-
(A) there exists in the vicinity of such source a temporary
energy emergency involving high levels of unemployment or loss of
necessary energy supplies for residential dwellings; and
(B) such unemployment or loss can be totally or partially
alleviated by such emergency suspension.
Not more than one such suspension may be issued for any source on
the basis of the same set of circumstances or on the basis of the
same emergency.
(3) A temporary emergency suspension issued by a Governor under
this subsection shall remain in effect for a maximum of four months
or such lesser period as may be specified in a disapproval order of
the Administrator, if any. The Administrator may disapprove such
suspension if he determines that it does not meet the requirements
of paragraph (2).
(4) This subsection shall not apply in the case of a plan
provision or requirement promulgated by the Administrator under
subsection (c) of this section, but in any such case the President
may grant a temporary emergency suspension for a four month period
of any such provision or requirement if he makes the determinations
and findings specified in paragraphs (1) and (2).
(5) The Governor may include in any temporary emergency
suspension issued under this subsection a provision delaying for a
period identical to the period of such suspension any compliance
schedule (or increment of progress) to which such source is subject
under section 1857c-10 )2(! of this title, as in effect before
August 7, 1977, or section 7413(d) )2(! of this title, upon a
finding that such source is unable to comply with such schedule (or
increment) solely because of the conditions on the basis of which a
suspension was issued under this subsection.
(g) Governor's authority to issue temporary emergency suspensions
(1) In the case of any State which has adopted and submitted to
the Administrator a proposed plan revision which the State
determines -
(A) meets the requirements of this section, and
(B) is necessary (i) to prevent the closing for one year or
more of any source of air pollution, and (ii) to prevent
substantial increases in unemployment which would result from
such closing, and
which the Administrator has not approved or disapproved under this
section within 12 months of submission of the proposed plan
revision, the Governor may issue a temporary emergency suspension
of the part of the applicable implementation plan for such State
which is proposed to be revised with respect to such source. The
determination under subparagraph (B) may not be made with respect
to a source which would close without regard to whether or not the
proposed plan revision is approved.
(2) A temporary emergency suspension issued by a Governor under
this subsection shall remain in effect for a maximum of four months
or such lesser period as may be specified in a disapproval order of
the Administrator. The Administrator may disapprove such suspension
if he determines that it does not meet the requirements of this
subsection.
(3) The Governor may include in any temporary emergency
suspension issued under this subsection a provision delaying for a
period identical to the period of such suspension any compliance
schedule (or increment of progress) to which such source is subject
under section 1857c-10 )2(! of this title as in effect before
August 7, 1977, or under section 7413(d) )2(! of this title upon a
finding that such source is unable to comply with such schedule (or
increment) solely because of the conditions on the basis of which a
suspension was issued under this subsection.
(h) Publication of comprehensive document for each State setting
forth requirements of applicable implementation plan
(1) Not later than 5 years after November 15, 1990, and every 3
years thereafter, the Administrator shall assemble and publish a
comprehensive document for each State setting forth all
requirements of the applicable implementation plan for such State
and shall publish notice in the Federal Register of the
availability of such documents.
(2) The Administrator may promulgate such regulations as may be
reasonably necessary to carry out the purpose of this subsection.
(i) Modification of requirements prohibited
Except for a primary nonferrous smelter order under section 7419
of this title, a suspension under subsection (f) or (g) of this
section (relating to emergency suspensions), an exemption under
section 7418 of this title (relating to certain Federal
facilities), an order under section 7413(d) )2(! of this title
(relating to compliance orders), a plan promulgation under
subsection (c) of this section, or a plan revision under subsection
(a)(3) of this section; no order, suspension, plan revision, or
other action modifying any requirement of an applicable
implementation plan may be taken with respect to any stationary
source by the State or by the Administrator.
(j) Technological systems of continuous emission reduction on new
or modified stationary sources; compliance with performance
standards
As a condition for issuance of any permit required under this
subchapter, the owner or operator of each new or modified
stationary source which is required to obtain such a permit must
show to the satisfaction of the permitting authority that the
technological system of continuous emission reduction which is to
be used at such source will enable it to comply with the standards
of performance which are to apply to such source and that the
construction or modification and operation of such source will be
in compliance with all other requirements of this chapter.
(k) Environmental Protection Agency action on plan submissions
(1) Completeness of plan submissions
(A) Completeness criteria
Within 9 months after November 15, 1990, the Administrator
shall promulgate minimum criteria that any plan submission must
meet before the Administrator is required to act on such
submission under this subsection. The criteria shall be limited
to the information necessary to enable the Administrator to
determine whether the plan submission complies with the
provisions of this chapter.
(B) Completeness finding
Within 60 days of the Administrator's receipt of a plan or
plan revision, but no later than 6 months after the date, if
any, by which a State is required to submit the plan or
revision, the Administrator shall determine whether the minimum
criteria established pursuant to subparagraph (A) have been
met. Any plan or plan revision that a State submits to the
Administrator, and that has not been determined by the
Administrator (by the date 6 months after receipt of the
submission) to have failed to meet the minimum criteria
established pursuant to subparagraph (A), shall on that date be
deemed by operation of law to meet such minimum criteria.
(C) Effect of finding of incompleteness
Where the Administrator determines that a plan submission (or
part thereof) does not meet the minimum criteria established
pursuant to subparagraph (A), the State shall be treated as not
having made the submission (or, in the Administrator's
discretion, part thereof).
(2) Deadline for action
Within 12 months of a determination by the Administrator (or a
determination deemed by operation of law) under paragraph (1)
that a State has submitted a plan or plan revision (or, in the
Administrator's discretion, part thereof) that meets the minimum
criteria established pursuant to paragraph (1), if applicable
(or, if those criteria are not applicable, within 12 months of
submission of the plan or revision), the Administrator shall act
on the submission in accordance with paragraph (3).
(3) Full and partial approval and disapproval
In the case of any submittal on which the Administrator is
required to act under paragraph (2), the Administrator shall
approve such submittal as a whole if it meets all of the
applicable requirements of this chapter. If a portion of the plan
revision meets all the applicable requirements of this chapter,
the Administrator may approve the plan revision in part and
disapprove the plan revision in part. The plan revision shall not
be treated as meeting the requirements of this chapter until the
Administrator approves the entire plan revision as complying with
the applicable requirements of this chapter.
(4) Conditional approval
The Administrator may approve a plan revision based on a
commitment of the State to adopt specific enforceable measures by
a date certain, but not later than 1 year after the date of
approval of the plan revision. Any such conditional approval
shall be treated as a disapproval if the State fails to comply
with such commitment.
(5) Calls for plan revisions
Whenever the Administrator finds that the applicable
implementation plan for any area is substantially inadequate to
attain or maintain the relevant national ambient air quality
standard, to mitigate adequately the interstate pollutant
transport described in section 7506a of this title or section
7511c of this title, or to otherwise comply with any requirement
of this chapter, the Administrator shall require the State to
revise the plan as necessary to correct such inadequacies. The
Administrator shall notify the State of the inadequacies, and may
establish reasonable deadlines (not to exceed 18 months after the
date of such notice) for the submission of such plan revisions.
Such findings and notice shall be public. Any finding under this
paragraph shall, to the extent the Administrator deems
appropriate, subject the State to the requirements of this
chapter to which the State was subject when it developed and
submitted the plan for which such finding was made, except that
the Administrator may adjust any dates applicable under such
requirements as appropriate (except that the Administrator may
not adjust any attainment date prescribed under part D of this
subchapter, unless such date has elapsed).
(6) Corrections
Whenever the Administrator determines that the Administrator's
action approving, disapproving, or promulgating any plan or plan
revision (or part thereof), area designation, redesignation,
classification, or reclassification was in error, the
Administrator may in the same manner as the approval,
disapproval, or promulgation revise such action as appropriate
without requiring any further submission from the State. Such
determination and the basis thereof shall be provided to the
State and public.
(l) Plan revisions
Each revision to an implementation plan submitted by a State
under this chapter shall be adopted by such State after reasonable
notice and public hearing. The Administrator shall not approve a
revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 7501 of this title), or any other
applicable requirement of this chapter.
(m) Sanctions
The Administrator may apply any of the sanctions listed in
section 7509(b) of this title at any time (or at any time after)
the Administrator makes a finding, disapproval, or determination
under paragraphs (1) through (4), respectively, of section 7509(a)
of this title in relation to any plan or plan item (as that term is
defined by the Administrator) required under this chapter, with
respect to any portion of the State the Administrator determines
reasonable and appropriate, for the purpose of ensuring that the
requirements of this chapter relating to such plan or plan item are
met. The Administrator shall, by rule, establish criteria for
exercising his authority under the previous sentence with respect
to any deficiency referred to in section 7509(a) of this title to
ensure that, during the 24-month period following the finding,
disapproval, or determination referred to in section 7509(a) of
this title, such sanctions are not applied on a statewide basis
where one or more political subdivisions covered by the applicable
implementation plan are principally responsible for such
deficiency.
(n) Savings clauses
(1) Existing plan provisions
Any provision of any applicable implementation plan that was
approved or promulgated by the Administrator pursuant to this
section as in effect before November 15, 1990, shall remain in
effect as part of such applicable implementation plan, except to
the extent that a revision to such provision is approved or
promulgated by the Administrator pursuant to this chapter.
(2) Attainment dates
For any area not designated nonattainment, any plan or plan
revision submitted or required to be submitted by a State -
(A) in response to the promulgation or revision of a national
primary ambient air quality standard in effect on November 15,
1990, or
(B) in response to a finding of substantial inadequacy under
subsection (a)(2) of this section (as in effect immediately
before November 15, 1990),
shall provide for attainment of the national primary ambient air
quality standards within 3 years of November 15, 1990, or within
5 years of issuance of such finding of substantial inadequacy,
whichever is later.
(3) Retention of construction moratorium in certain areas
In the case of an area to which, immediately before November
15, 1990, the prohibition on construction or modification of
major stationary sources prescribed in subsection (a)(2)(I) of
this section (as in effect immediately before November 15, 1990)
applied by virtue of a finding of the Administrator that the
State containing such area had not submitted an implementation
plan meeting the requirements of section 7502(b)(6) of this title
(relating to establishment of a permit program) (as in effect
immediately before November 15, 1990) or 7502(a)(1) of this title
(to the extent such requirements relate to provision for
attainment of the primary national ambient air quality standard
for sulfur oxides by December 31, 1982) as in effect immediately
before November 15, 1990, no major stationary source of the
relevant air pollutant or pollutants shall be constructed or
modified in such area until the Administrator finds that the plan
for such area meets the applicable requirements of section
7502(c)(5) of this title (relating to permit programs) or subpart
5 of part D of this subchapter (relating to attainment of the
primary national ambient air quality standard for sulfur
dioxide), respectively.
(o) Indian tribes
If an Indian tribe submits an implementation plan to the
Administrator pursuant to section 7601(d) of this title, the plan
shall be reviewed in accordance with the provisions for review set
forth in this section for State plans, except as otherwise provided
by regulation promulgated pursuant to section 7601(d)(2) of this
title. When such plan becomes effective in accordance with the
regulations promulgated under section 7601(d) of this title, the
plan shall become applicable to all areas (except as expressly
provided otherwise in the plan) located within the exterior
boundaries of the reservation, notwithstanding the issuance of any
patent and including rights-of-way running through the reservation.
(p) Reports
Any State shall submit, according to such schedule as the
Administrator may prescribe, such reports as the Administrator may
require relating to emission reductions, vehicle miles traveled,
congestion levels, and any other information the Administrator may
deem necessary to assess the development effectiveness, need for
revision, or implementation of any plan or plan revision required
under this chapter.
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