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
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.
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The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 7509a
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110