U.S. Code » 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

42 U.S.C. § 7509a

International border areas

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(a) Implementation plans and revisionsNotwithstanding 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) 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) 22 So in original. Section 7512(b) of this title does not contain a par. (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.

(July 14, 1955, ch. 360, title I, § 179B, as added Pub. L. 101–549, title VIII, § 818, Nov. 15, 1990, 104 Stat. 2697.)Statutory Notes and Related SubsidiariesEstablishment 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.

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2002–2023 · leading case: Sierra Club, Imperial Cnty. Air Pollution Control Dist., Intervenor v. United States Env't Prot. Agency Gale Norton, 346 F.3d 955 (9th Cir. 2003).
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Sierra Club, Imperial Cnty. Air Pollution Control Dist., Intervenor v. United States Env't Prot. Agency Gale Norton, 346 F.3d 955 (9th Cir. 2003). “” 42 U.S.C. § 7509a(d). EPA issued administrative guidance in 1994 setting forth “several types of information [that] may be used to evaluate the impact of emissions emanating from outside the U.”
Sierra Club v. Env't Prot. Agency, 294 F.3d 155 (D.C. Cir. 2002). “For example, the Act exempts from the attainment deadlines any area that would be in attainment “but for emissions emanating from outside of the United States,” 42 U.S.C. § 7509a(b); and “an[y] ozone nonattainment area that does not include, and is not adjacent to, any part of a…”
Defend Colorado v. Governor Jared Polis, 2021 COA 8 (Colo. Ct. App. 2021). · cites it 2× “42 U.S.C. § 7509a(b).1 In December 2020, in order to “help air agencies better understand how to satisfy 1The EPA’s longstanding view is that 42 U.”
Coalition of Battery Recyclers Ass'n v. Env't Prot. Agency, 604 F.3d 613 (D.C. Cir. 2010). “§ 7513 (f), *625 and with emissions emanating from outside the United States, see 42 U.S.C. § 7509a, but provided no authorization for EPA to waive NAAQS attainment requirements in the manner requested by Doe Run.”
Bd. of Cnty. Commissioners of Weld Cnty., CO v. EPA, 72 F.4th 284 (D.C. Cir. 2023). “” 42 U.S.C. § 7509a(a)(2); see Implementation of the 2015 National Ambient Air Quality Standards for Ozone, 83 Fed.”
Border Power Plant Working Grp. v. Dep't of Energy, 467 F. Supp. 2d 1040 (S.D. Cal. 2006). “” 42 U.S.C. § 7509a(a)(2). Therefore, the guidance document’s interpretation is certainly persuasive in excluding emissions outside the country altogether, from sources that are permitted and regulated by a foreign government.”
Sierra Club v. United States Env't Prot. Agency, 314 F.3d 735 (5th Cir. 2002). “42 U.S.C. § 7509a(b) (emphasis added). Furthermore, the CAA provides for certain nonattainment areas to be exempted from the attainment deadlines by authorizing the EPA to designate those areas as “rural transport areas,” which allow those areas to be treated as “marginal” areas.”
Sierra Club v. Env't Prot. Agency, 311 F.3d 853 (7th Cir. 2002). “” 42 U.S.C. § 7509a(b). Second, the EPA may designate an area a “rural transport area” if it finds that “emissions within the area do not make a significant contribution to the ozone concentrations.”
Ctr. for Biological Diversity v. Usepa (9th Cir. 2021). “” 42 U.S.C. § 7509a(a). Section 179B contains two relevant provisions.”
Bd. of Cnty. Commissioners of Weld Cnty., CO v. EPA (D.C. Cir. 2023). “” 42 U.S.C. § 7509a(a)(2); see Implementation of the 2015 National Ambient Air Quality Standards for Ozone, 83 Fed.”
— 42 U.S.C. § 7509a(a) — 1 case
Ctr. for Biological Diversity v. Usepa (9th Cir. 2021). “” 42 U.S.C. § 7509a(a). Section 179B contains two relevant provisions.”
— 42 U.S.C. § 7509a(a)(2) — 3 cases
Bd. of Cnty. Commissioners of Weld Cnty., CO v. EPA, 72 F.4th 284 (D.C. Cir. 2023). “” 42 U.S.C. § 7509a(a)(2); see Implementation of the 2015 National Ambient Air Quality Standards for Ozone, 83 Fed.”
Border Power Plant Working Grp. v. Dep't of Energy, 467 F. Supp. 2d 1040 (S.D. Cal. 2006). “” 42 U.S.C. § 7509a(a)(2). Therefore, the guidance document’s interpretation is certainly persuasive in excluding emissions outside the country altogether, from sources that are permitted and regulated by a foreign government.”
Bd. of Cnty. Commissioners of Weld Cnty., CO v. EPA (D.C. Cir. 2023). “” 42 U.S.C. § 7509a(a)(2); see Implementation of the 2015 National Ambient Air Quality Standards for Ozone, 83 Fed.”
— 42 U.S.C. § 7509a(b) — 4 cases
Sierra Club v. Env't Prot. Agency, 294 F.3d 155 (D.C. Cir. 2002). “For example, the Act exempts from the attainment deadlines any area that would be in attainment “but for emissions emanating from outside of the United States,” 42 U.S.C. § 7509a(b); and “an[y] ozone nonattainment area that does not include, and is not adjacent to, any part of a…”
Defend Colorado v. Governor Jared Polis, 2021 COA 8 (Colo. Ct. App. 2021). “42 U.S.C. § 7509a(b).1 In December 2020, in order to “help air agencies better understand how to satisfy 1The EPA’s longstanding view is that 42 U.”
Sierra Club v. United States Env't Prot. Agency, 314 F.3d 735 (5th Cir. 2002). “42 U.S.C. § 7509a(b) (emphasis added). Furthermore, the CAA provides for certain nonattainment areas to be exempted from the attainment deadlines by authorizing the EPA to designate those areas as “rural transport areas,” which allow those areas to be treated as “marginal” areas.”
Sierra Club v. Env't Prot. Agency, 311 F.3d 853 (7th Cir. 2002). “” 42 U.S.C. § 7509a(b). Second, the EPA may designate an area a “rural transport area” if it finds that “emissions within the area do not make a significant contribution to the ozone concentrations.”
— 42 U.S.C. § 7509a(d) — 1 case
Sierra Club, Imperial Cnty. Air Pollution Control Dist., Intervenor v. United States Env't Prot. Agency Gale Norton, 346 F.3d 955 (9th Cir. 2003). “” 42 U.S.C. § 7509a(d). EPA issued administrative guidance in 1994 setting forth “several types of information [that] may be used to evaluate the impact of emissions emanating from outside the U.”
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