42 U.S.C. § 16360: Western Michigan…

Summary

EPA’s Administrator must run a demonstration project with Michigan and local officials to study how ozone and the chemicals that make ozone are carried into Southwestern Michigan. The project covers areas expected to miss the ozone standard that include counties with ozone design values below .095 based on 2000–2002 or the most recent three-year data. It must assess how transport affects meeting the 8-hour ozone standard, how much transport happens, other ways to meet the standard besides local controls, and the likely timing. The project must be finished no later than 2 years after August 8, 2005, and EPA must not apply Clean Air Act requirements or penalties while the project is underway.

Title 42, §16360

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

The Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8-hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after August 8, 2005, and shall not impose any requirement or sanction under the Clean Air Act (42 U.S.C. 7401 et seq.) that might otherwise apply during the pendency of the demonstration project.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 7401 of this title and Tables.

§16360 Western Michigan Demonstration Project