PRIA Logo™
Take the PRIA Score
Title 42 — The Public Health and WelfareRelease 119-73

§7509a International border areas

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - PROGRAMS AND ACTIVITIES › Part Part D— - Plan Requirements for Nonattainment Areas › Subpart subpart 1— - nonattainment areas in general › § 7509a

Last updated Apr 6, 2026|Official source

Summary

The Administrator must approve a State’s air quality plan if the plan meets all required rules except the part proving the area will reach the national ambient air quality standards by the required attainment date, and if the State shows to the Administrator’s satisfaction that it would meet and keep those standards by that attainment date but for pollution coming from outside of the United States. If a State proves this for an ozone nonattainment area, it will not have to follow sections 7511(a)(2) or (5) or section 7511d. If it proves this for a carbon monoxide nonattainment area, it will not have to follow sections 7512(b)(2) or (9). If it proves this for a PM–10 nonattainment area, it will not have to follow section 7513(b)(2).

Full Legal Text

Title 42, §7509a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, an implementation plan or plan revision required under this chapter shall be approved by the Administrator if—
(1)such plan or revision meets all the requirements applicable to it under the 11 So in original. Probably should be “this”. chapter other than a requirement that such plan or revision demonstrate attainment and maintenance of the relevant national ambient air quality standards by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, and
(2)the submitting State establishes to the satisfaction of the Administrator that the implementation plan of such State would be adequate to attain and maintain the relevant national ambient air quality standards by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, but for emissions emanating from outside of the United States.
(b)Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to an ozone nonattainment area in such State, such State would have attained the national ambient air quality standard for ozone by the applicable attainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of section 7511(a)(2) or (5) of this title or section 7511d of this title.
(c)Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator, with respect to a carbon monoxide nonattainment area in such State, that such State has attained the national ambient air quality standard for carbon monoxide by the applicable attainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of section 7512(b)(2) or (9) 22 So in original. section 7512(b) of this title does not contain a par. (9). of this title.
(d)Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to a PM–10 nonattainment area in such State, such State would have attained the national ambient air quality standard for carbon monoxide by the applicable attainment date, but for emissions emanating from outside the United States, shall not be subject to the provisions of section 7513(b)(2) of this title.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Establishment of Program To Monitor and Improve Air Quality in Regions Along Border Between United States and Mexico Pub. L. 101–549, title VIII, § 815, Nov. 15, 1990, 104 Stat. 2693, provided that the Administrator of the Environmental Protection Agency was authorized, in cooperation with the Department of State and the affected border States, to negotiate with representatives of Mexico to authorize a program, not to extend beyond July 1, 1995, to monitor and improve air quality in regions along the border between the United States and Mexico, with requirements for monitoring, remediation, annual reports, and funding and personnel.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7509a

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73