Title 42, The Public Health and WelfareRelease 119-110

§7509a International Border Areas

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

Last updated Sep 23, 2026|Official source

Summary

If a State sends an implementation plan or a change to a plan, the Administrator must approve it if two things are true. First, the plan meets all the chapter’s requirements except the part that must show the State will reach and keep the national ambient air quality standards by the required attainment date. Second, the State proves to the Administrator that the plan would meet those air quality standards by the attainment date if pollution from outside the United States were not making the problem worse. If a State shows to the Administrator that an ozone nonattainment area would have met the ozone standard by the deadline but for pollution coming from outside the United States, the State is not subject to sections 7511(a)(2) or (5) or 7511d. The same rule applies for carbon monoxide areas if the State shows it would have met the carbon monoxide standard (then sections 7512(b)(2) or (9) do not apply). For PM–10 areas, if the State shows it would have met the PM–10 standard but for pollution from outside the United States, section 7513(b)(2) does not apply.

Full Legal Text

Title 42, §7509a

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

(a)Implementation plans and revisions
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 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)Attainment of ozone levels
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)Attainment of carbon monoxide levels
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) of this title.
(d)Attainment of PM–10 levels
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

Sep 23, 2026

Release point: 119-110