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United States Code/Title 42/Chapter 85/Section 7511a

§ 7511a. Plan submissions and requirements CAA § 182

(a) Marginal Areas
Each State in which all or part of a Marginal Area is located shall, with respect to the Marginal Area (or portion thereof, to the extent specified in this subsection), submit to the Administrator the State implementation plan revisions (including the plan items) described under this subsection except to the extent the State has made such submissions as of November 15, 1990.

(1) Inventory

 * Within 2 years after November 15, 1990, the State shall submit a comprehensive, accurate, current inventory of actual emissions from all sources, as described in section 7502 (c)(3) of this title, in accordance with guidance provided by the Administrator.

(2) Corrections to the State implementation plan

 * Within the periods prescribed in this paragraph, the State shall submit a revision to the State implementation plan that meets the following requirements—

(A) Reasonably available control technology corrections

 * For any Marginal Area (or, within the Administrator’s discretion, portion thereof) the State shall submit, within 6 months of the date of classification under section 7511 (a) of this title, a revision that includes such provisions to correct requirements in (or add requirements to) the plan concerning reasonably available control technology as were required under section 7502 (b) of this title (as in effect immediately before November 15, 1990), as interpreted in guidance issued by the Administrator under section 7408 of this title before November 15, 1990.

(B) Savings clause for vehicle inspection and maintenance

 * (i) For any Marginal Area (or, within the Administrator’s discretion, portion thereof), the plan for which already includes, or was required by section 7502 (b)(11)(B) of this title (as in effect immediately before November 15, 1990) to have included, a specific schedule for implementation of a vehicle emission control inspection and maintenance program, the State shall submit, immediately after November 15, 1990, a revision that includes any provisions necessary to provide for a vehicle inspection and maintenance program of no less stringency than that of either the program defined in House Report Numbered 95–294, 95th Congress, 1st Session, 281–291 (1977) as interpreted in guidance of the Administrator issued pursuant to section 7502 (b)(11)(B) of this title (as in effect immediately before November 15, 1990) or the program already included in the plan, whichever is more stringent.
 * (ii) Within 12 months after November 15, 1990, the Administrator shall review, revise, update, and republish in the Federal Register the guidance for the States for motor vehicle inspection and maintenance programs required by this chapter, taking into consideration the Administrator’s investigations and audits of such program. The guidance shall, at a minimum, cover the frequency of inspections, the types of vehicles to be inspected (which shall include leased vehicles that are registered in the nonattainment area), vehicle maintenance by owners and operators, audits by the State, the test method and measures, including whether centralized or decentralized, inspection methods and procedures, quality of inspection, components covered, assurance that a vehicle subject to a recall notice from a manufacturer has complied with that notice, and effective implementation and enforcement, including ensuring that any retesting of a vehicle after a failure shall include proof of corrective action and providing for denial of vehicle registration in the case of tampering or misfueling. The guidance which shall be incorporated in the applicable State implementation plans by the States shall provide the States with continued reasonable flexibility to fashion effective, reasonable, and fair programs for the affected consumer. No later than 2 years after the Administrator promulgates regulations under section 7521 (m)(3) of this title (relating to emission control diagnostics), the State shall submit a revision to such program to meet any requirements that the Administrator may prescribe under that section.

(C) Permit programs

 * Within 2 years after November 15, 1990, the State shall submit a revision that includes each of the following:
 * (i) Provisions to require permits, in accordance with sections 7502 (c)(5) and 7503 of this title, for the construction and operation of each new or modified major stationary source (with respect to ozone) to be located in the area.
 * (ii) Provisions to correct requirements in (or add requirements to) the plan concerning permit programs as were required under section 7502 (b)(6) of this title (as in effect immediately before November 15, 1990), as interpreted in regulations of the Administrator promulgated as of November 15, 1990.

(A) General requirement

 * No later than the end of each 3-year period after submission of the inventory under paragraph (1) until the area is redesignated to attainment, the State shall submit a revised inventory meeting the requirements of subsection (a)(1) of this section.

(B) Emissions statements

 * (i) Within 2 years after November 15, 1990, the State shall submit a revision to the State implementation plan to require that the owner or operator of each stationary source of oxides of nitrogen or volatile organic compounds provide the State with a statement, in such form as the Administrator may prescribe (or accept an equivalent alternative developed by the State), for classes or categories of sources, showing the actual emissions of oxides of nitrogen and volatile organic compounds from that source. The first such statement shall be submitted within 3 years after November 15, 1990. Subsequent statements shall be submitted at least every year thereafter. The statement shall contain a certification that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement.
 * (ii) The State may waive the application of clause (i) to any class or category of stationary sources which emit less than 25 tons per year of volatile organic compounds or oxides of nitrogen if the State, in its submissions under subparagraphs [1] (1) or (3)(A), provides an inventory of emissions from such class or category of sources, based on the use of the emission factors established by the Administrator or other methods acceptable to the Administrator.

(4) General offset requirement

 * For purposes of satisfying the emission offset requirements of this part, the ratio of total emission reductions of volatile organic compounds to total increased emissions of such air pollutant shall be at least 1.1 to 1.

The Administrator may, in the Administrator’s discretion, require States to submit a schedule for submitting any of the revisions or other items required under this subsection. The requirements of this subsection shall apply in lieu of any requirement that the State submit a demonstration that the applicable implementation plan provides for attainment of the ozone standard by the applicable attainment date in any Marginal Area. Section 7502 (c)(9) of this title (relating to contingency measures) shall not apply to Marginal Areas.

(b) Moderate Areas
Each State in which all or part of a Moderate Area is located shall, with respect to the Moderate Area, make the submissions described under subsection (a) of this section (relating to Marginal Areas), and shall also submit the revisions to the applicable implementation plan described under this subsection.

(A) General rule

 * (i) By no later than 3 years after November 15, 1990, the State shall submit a revision to the applicable implementation plan to provide for volatile organic compound emission reductions, within 6 years after November 15, 1990, of at least 15 percent from baseline emissions, accounting for any growth in emissions after 1990. Such plan shall provide for such specific annual reductions in emissions of volatile organic compounds and oxides of nitrogen as necessary to attain the national primary ambient air quality standard for ozone by the attainment date applicable under this chapter. This subparagraph shall not apply in the case of oxides of nitrogen for those areas for which the Administrator determines (when the Administrator approves the plan or plan revision) that additional reductions of oxides of nitrogen would not contribute to attainment.
 * (ii) A percentage less than 15 percent may be used for purposes of clause (i) in the case of any State which demonstrates to the satisfaction of the Administrator that—
 * (I) new source review provisions are applicable in the nonattainment areas in the same manner and to the same extent as required under subsection (e) of this section in the case of Extreme Areas (with the exception that, in applying such provisions, the terms “major source” and “major stationary source” shall include (in addition to the sources described in section 7602 of this title) any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 5 tons per year of volatile organic compounds);
 * (II) reasonably available control technology is required for all existing major sources (as defined in subclause (I)); and
 * (III) the plan reflecting a lesser percentage than 15 percent includes all measures that can feasibly be implemented in the area, in light of technological achievability.
 * To qualify for a lesser percentage under this clause, a State must demonstrate to the satisfaction of the Administrator that the plan for the area includes the measures that are achieved in practice by sources in the same source category in nonattainment areas of the next higher category.

(B) Baseline emissions

 * For purposes of subparagraph (A), the term “baseline emissions” means the total amount of actual VOC or NOx emissions from all anthropogenic sources in the area during the calendar year 1990, excluding emissions that would be eliminated under the regulations described in clauses (i) and (ii) of subparagraph (D).

(C) General rule for creditability of reductions

 * Except as provided under subparagraph (D), emissions reductions are creditable toward the 15 percent required under subparagraph (A) to the extent they have actually occurred, as of 6 years after November 15, 1990, from the implementation of measures required under the applicable implementation plan, rules promulgated by the Administrator, or a permit under subchapter V of this chapter.

(D) Limits on creditability of reductions

 * Emission reductions from the following measures are not creditable toward the 15 percent reductions required under subparagraph (A):
 * (i) Any measure relating to motor vehicle exhaust or evaporative emissions promulgated by the Administrator by January 1, 1990.
 * (ii) Regulations concerning Reid Vapor Pressure promulgated by the Administrator by November 15, 1990, or required to be promulgated under section 7545 (h) of this title.
 * (iii) Measures required under subsection (a)(2)(A) of this section (concerning corrections to implementation plans prescribed under guidance by the Administrator).
 * (iv) Measures required under subsection (a)(2)(B) of this section to be submitted immediately after November 15, 1990 (concerning corrections to motor vehicle inspection and maintenance programs).

(2) Reasonably available control technology

 * The State shall submit a revision to the applicable implementation plan to include provisions to require the implementation of reasonably available control technology under section 7502 (c)(1) of this title with respect to each of the following:
 * (A) Each category of VOC sources in the area covered by a CTG document issued by the Administrator between November 15, 1990, and the date of attainment.
 * (B) All VOC sources in the area covered by any CTG issued before November 15, 1990.
 * (C) All other major stationary sources of VOCs that are located in the area.
 * Each revision described in subparagraph (A) shall be submitted within the period set forth by the Administrator in issuing the relevant CTG document. The revisions with respect to sources described in subparagraphs (B) and (C) shall be submitted by 2 years after November 15, 1990, and shall provide for the implementation of the required measures as expeditiously as practicable but no later than May 31, 1995.

(A) General rule

 * Not later than 2 years after November 15, 1990, the State shall submit a revision to the applicable implementation plan to require all owners or operators of gasoline dispensing systems to install and operate, by the date prescribed under subparagraph (B), a system for gasoline vapor recovery of emissions from the fueling of motor vehicles. The Administrator shall issue guidance as appropriate as to the effectiveness of such system. This subparagraph shall apply only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of an independent small business marketer of gasoline as defined in section 7625–1 of this title).

(B) Effective date

 * The date required under subparagraph (A) shall be—
 * (i) 6 months after the adoption date, in the case of gasoline dispensing facilities for which construction commenced after November 15, 1990;
 * (ii) one year after the adoption date, in the case of gasoline dispensing facilities which dispense at least 100,000 gallons of gasoline per month, based on average monthly sales for the 2-year period before the adoption date; or
 * (iii) 2 years after the adoption date, in the case of all other gasoline dispensing facilities.
 * Any gasoline dispensing facility described under both clause (i) and clause (ii) shall meet the requirements of clause (i).

(C) Reference to terms

 * For purposes of this paragraph, any reference to the term “adoption date” shall be considered a reference to the date of adoption by the State of requirements for the installation and operation of a system for gasoline vapor recovery of emissions from the fueling of motor vehicles.

(4) Motor vehicle inspection and maintenance

 * For all Moderate Areas, the State shall submit, immediately after November 15, 1990, a revision to the applicable implementation plan that includes provisions necessary to provide for a vehicle inspection and maintenance program as described in subsection (a)(2)(B) of this section (without regard to whether or not the area was required by section 7502 (b)(11)(B) of this title (as in effect immediately before November 15, 1990) to have included a specific schedule for implementation of such a program).

(5) General offset requirement

 * For purposes of satisfying the emission offset requirements of this part, the ratio of total emission reductions of volatile organic compounds to total increase emissions of such air pollutant shall be at least 1.15 to 1.

(c) Serious Areas
Except as otherwise specified in paragraph (4), each State in which all or part of a Serious Area is located shall, with respect to the Serious Area (or portion thereof, to the extent specified in this subsection), make the submissions described under subsection (b) of this section (relating to Moderate Areas), and shall also submit the revisions to the applicable implementation plan (including the plan items) described under this subsection. For any Serious Area, the terms “major source” and “major stationary source” include (in addition to the sources described in section 7602 of this title) any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 50 tons per year of volatile organic compounds.

(1) Enhanced monitoring

 * In order to obtain more comprehensive and representative data on ozone air pollution, not later than 18 months after November 15, 1990, the Administrator shall promulgate rules, after notice and public comment, for enhanced monitoring of ozone, oxides of nitrogen, and volatile organic compounds. The rules shall, among other things, cover the location and maintenance of monitors. Immediately following the promulgation of rules by the Administrator relating to enhanced monitoring, the State shall commence such actions as may be necessary to adopt and implement a program based on such rules, to improve monitoring for ambient concentrations of ozone, oxides of nitrogen and volatile organic compounds and to improve monitoring of emissions of oxides of nitrogen and volatile organic compounds. Each State implementation plan for the area shall contain measures to improve the ambient monitoring of such air pollutants.

(2) Attainment and reasonable further progress demonstrations

 * Within 4 years after November 15, 1990, the State shall submit a revision to the applicable implementation plan that includes each of the following:

(A) Attainment demonstration

 * A demonstration that the plan, as revised, will provide for attainment of the ozone national ambient air quality standard by the applicable attainment date. This attainment demonstration must be based on photochemical grid modeling or any other analytical method determined by the Administrator, in the Administrator’s discretion, to be at least as effective.

(B) Reasonable further progress demonstration

 * A demonstration that the plan, as revised, will result in VOC emissions reductions from the baseline emissions described in subsection (b)(1)(B) of this section equal to the following amount averaged over each consecutive 3-year period beginning 6 years after November 15, 1990, until the attainment date:
 * (i) at least 3 percent of baseline emissions each year; or
 * (ii) an amount less than 3 percent of such baseline emissions each year, if the State demonstrates to the satisfaction of the Administrator that the plan reflecting such lesser amount includes all measures that can feasibly be implemented in the area, in light of technological achievability.
 * To lessen the 3 percent requirement under clause (ii), a State must demonstrate to the satisfaction of the Administrator that the plan for the area includes the measures that are achieved in practice by sources in the same source category in nonattainment areas of the next higher classification. Any determination to lessen the 3 percent requirement shall be reviewed at each milestone under subsection (g) of this section and revised to reflect such new measures (if any) achieved in practice by sources in the same category in any State, allowing a reasonable time to implement such measures. The emission reductions described in this subparagraph shall be calculated in accordance with subsection (b)(1)(C) and (D) of this section (concerning creditability of reductions). The reductions creditable for the period beginning 6 years after November 15, 1990, shall include reductions that occurred before such period, computed in accordance with subsection (b)(1) of this section, that exceed the 15-percent amount of reductions required under subsection (b)(1)(A) of this section.

(C) NOx control

 * The revision may contain, in lieu of the demonstration required under subparagraph (B), a demonstration to the satisfaction of the Administrator that the applicable implementation plan, as revised, provides for reductions of emissions of VOC’s and oxides of nitrogen (calculated according to the creditability provisions of subsection (b)(1)(C) and (D) of this section), that would result in a reduction in ozone concentrations at least equivalent to that which would result from the amount of VOC emission reductions required under subparagraph (B). Within 1 year after November 15, 1990, the Administrator shall issue guidance concerning the conditions under which NOx control may be substituted for VOC control or may be combined with VOC control in order to maximize the reduction in ozone air pollution. In accord with such guidance, a lesser percentage of VOCs may be accepted as an adequate demonstration for purposes of this subsection.

(A) Requirement for submission

 * Within 2 years after November 15, 1990, the State shall submit a revision to the applicable implementation plan to provide for an enhanced program to reduce hydrocarbon emissions and NOx emissions from in-use motor vehicles registered in each urbanized area (in the nonattainment area), as defined by the Bureau of the Census, with a 1980 population of 200,000 or more.

(B) Effective date of State programs; guidance

 * The State program required under subparagraph (A) shall take effect no later than 2 years from November 15, 1990, and shall comply in all respects with guidance published in the Federal Register (and from time to time revised) by the Administrator for enhanced vehicle inspection and maintenance programs. Such guidance shall include—
 * (i) a performance standard achievable by a program combining emission testing, including on-road emission testing, with inspection to detect tampering with emission control devices and misfueling for all light-duty vehicles and all light-duty trucks subject to standards under section 7521 of this title; and
 * (ii) program administration features necessary to reasonably assure that adequate management resources, tools, and practices are in place to attain and maintain the performance standard.
 * Compliance with the performance standard under clause (i) shall be determined using a method to be established by the Administrator.

(C) State program

 * The State program required under subparagraph (A) shall include, at a minimum, each of the following elements—
 * (i) Computerized emission analyzers, including on-road testing devices.
 * (ii) No waivers for vehicles and parts covered by the emission control performance warranty as provided for in section 7541 (b) of this title unless a warranty remedy has been denied in writing, or for tampering-related repairs.
 * (iii) In view of the air quality purpose of the program, if, for any vehicle, waivers are permitted for emissions-related repairs not covered by warranty, an expenditure to qualify for the waiver of an amount of $450 or more for such repairs (adjusted annually as determined by the Administrator on the basis of the Consumer Price Index in the same manner as provided in subchapter V of this chapter).
 * (iv) Enforcement through denial of vehicle registration (except for any program in operation before November 15, 1990, whose enforcement mechanism is demonstrated to the Administrator to be more effective than the applicable vehicle registration program in assuring that noncomplying vehicles are not operated on public roads).
 * (v) Annual emission testing and necessary adjustment, repair, and maintenance, unless the State demonstrates to the satisfaction of the Administrator that a biennial inspection, in combination with other features of the program which exceed the requirements of this chapter, will result in emission reductions which equal or exceed the reductions which can be obtained through such annual inspections.
 * (vi) Operation of the program on a centralized basis, unless the State demonstrates to the satisfaction of the Administrator that a decentralized program will be equally effective. An electronically connected testing system, a licensing system, or other measures (or any combination thereof) may be considered, in accordance with criteria established by the Administrator, as equally effective for such purposes.
 * (vii) Inspection of emission control diagnostic systems and the maintenance or repair of malfunctions or system deterioration identified by or affecting such diagnostics systems.
 * Each State shall biennially prepare a report to the Administrator which assesses the emission reductions achieved by the program required under this paragraph based on data collected during inspection and repair of vehicles. The methods used to assess the emission reductions shall be those established by the Administrator.

(4) Clean-fuel vehicle programs

 * (A) Except to the extent that substitute provisions have been approved by the Administrator under subparagraph (B), the State shall submit to the Administrator, within 42 months of November 15, 1990, a revision to the applicable implementation plan for each area described under part C of subchapter II of this chapter to include such measures as may be necessary to ensure the effectiveness of the applicable provisions of the clean-fuel vehicle program prescribed under part C of subchapter II of this chapter, including all measures necessary to make the use of clean alternative fuels in clean-fuel vehicles (as defined in part C of subchapter II of this chapter) economic from the standpoint of vehicle owners. Such a revision shall also be submitted for each area that opts into the clean fuel-vehicle program as provided in part C of subchapter II of this chapter.
 * (B) The Administrator shall approve, as a substitute for all or a portion of the clean-fuel vehicle program prescribed under part C of subchapter II of this chapter, any revision to the relevant applicable implementation plan that in the Administrator’s judgment will achieve long-term reductions in ozone-producing and toxic air emissions equal to those achieved under part C of subchapter II of this chapter, or the percentage thereof attributable to the portion of the clean-fuel vehicle program for which the revision is to substitute. The Administrator may approve such revision only if it consists exclusively of provisions other than those required under this chapter for the area. Any State seeking approval of such revision must submit the revision to the Administrator within 24 months of November 15, 1990. The Administrator shall approve or disapprove any such revision within 30 months of November 15, 1990. The Administrator shall publish the revision submitted by a State in the Federal Register upon receipt. Such notice shall constitute a notice of proposed rulemaking on whether or not to approve such revision and shall be deemed to comply with the requirements concerning notices of proposed rulemaking contained in sections 553 through 557 of title 5 (related to notice and comment). Where the Administrator approves such revision for any area, the State need not submit the revision required by subparagraph (A) for the area with respect to the portions of the Federal clean-fuel vehicle program for which the Administrator has approved the revision as a substitute.
 * (C) If the Administrator determines, under section 7509 of this title, that the State has failed to submit any portion of the program required under subparagraph (A), then, in addition to any sanctions available under section 7509 of this title, the State may not receive credit, in any demonstration of attainment or reasonable further progress for the area, for any emission reductions from implementation of the corresponding aspects of the Federal clean-fuel vehicle requirements established in part C of subchapter II of this chapter.

(5) Transportation control

 * (A) Beginning 6 years after November 15, 1990, and each third year thereafter, the State shall submit a demonstration as to whether current aggregate vehicle mileage, aggregate vehicle emissions, congestion levels, and other relevant parameters are consistent with those used for the area’s demonstration of attainment. Where such parameters and emissions levels exceed the levels projected for purposes of the area’s attainment demonstration, the State shall within 18 months develop and submit a revision of the applicable implementation plan that includes a transportation control measures program consisting of measures from, but not limited to, section 7408 (f) of this title that will reduce emissions to levels that are consistent with emission levels projected in such demonstration. In considering such measures, the State should ensure adequate access to downtown, other commercial, and residential areas and should avoid measures that increase or relocate emissions and congestion rather than reduce them. Such revision shall be developed in accordance with guidance issued by the Administrator pursuant to section 7408 (e) of this title and with the requirements of section 7504 (b) of this title and shall include implementation and funding schedules that achieve expeditious emissions reductions in accordance with implementation plan projections.

(6) De minimis rule

 * The new source review provisions under this part shall ensure that increased emissions of volatile organic compounds resulting from any physical change in, or change in the method of operation of, a stationary source located in the area shall not be considered de minimis for purposes of determining the applicability of the permit requirements established by this chapter unless the increase in net emissions of such air pollutant from such source does not exceed 25 tons when aggregated with all other net increases in emissions from the source over any period of 5 consecutive calendar years which includes the calendar year in which such increase occurred.

(7) Special rule for modifications of sources emitting less than 100 tons

 * In the case of any major stationary source of volatile organic compounds located in the area (other than a source which emits or has the potential to emit 100 tons or more of volatile organic compounds per year), whenever any change (as described in section 7411 (a)(4) of this title) at that source results in any increase (other than a de minimis increase) in emissions of volatile organic compounds from any discrete operation, unit, or other pollutant emitting activity at the source, such increase shall be considered a modification for purposes of section 7502 (c)(5) of this title and section 7503 (a) of this title, except that such increase shall not be considered a modification for such purposes if the owner or operator of the source elects to offset the increase by a greater reduction in emissions of volatile organic compounds concerned from other operations, units, or activities within the source at an internal offset ratio of at least 1.3 to 1. If the owner or operator does not make such election, such change shall be considered a modification for such purposes, but in applying section 7503 (a)(2) of this title in the case of any such modification, the best available control technology (BACT), as defined in section 7479 of this title, shall be substituted for the lowest achievable emission rate (LAER). The Administrator shall establish and publish policies and procedures for implementing the provisions of this paragraph.

(8) Special rule for modifications of sources emitting 100 tons or more

 * In the case of any major stationary source of volatile organic compounds located in the area which emits or has the potential to emit 100 tons or more of volatile organic compounds per year, whenever any change (as described in section 7411 (a)(4) of this title) at that source results in any increase (other than a de minimis increase) in emissions of volatile organic compounds from any discrete operation, unit, or other pollutant emitting activity at the source, such increase shall be considered a modification for purposes of section 7502 (c)(5) of this title and section 7503 (a) of this title, except that if the owner or operator of the source elects to offset the increase by a greater reduction in emissions of volatile organic compounds from other operations, units, or activities within the source at an internal offset ratio of at least 1.3 to 1, the requirements of section 7503 (a)(2) of this title (concerning the lowest achievable emission rate (LAER)) shall not apply.

(9) Contingency provisions

 * In addition to the contingency provisions required under section 7502 (c)(9) of this title, the plan revision shall provide for the implementation of specific measures to be undertaken if the area fails to meet any applicable milestone. Such measures shall be included in the plan revision as contingency measures to take effect without further action by the State or the Administrator upon a failure by the State to meet the applicable milestone.

(10) General offset requirement

 * For purposes of satisfying the emission offset requirements of this part, the ratio of total emission reductions of volatile organic compounds to total increase emissions of such air pollutant shall be at least 1.2 to 1.

Any reference to “attainment date” in subsection (b) of this section, which is incorporated by reference into this subsection, shall refer to the attainment date for serious areas.

(d) Severe Areas
Each State in which all or part of a Severe Area is located shall, with respect to the Severe Area, make the submissions described under subsection (c) of this section (relating to Serious Areas), and shall also submit the revisions to the applicable implementation plan (including the plan items) described under this subsection. For any Severe Area, the terms “major source” and “major stationary source” include (in addition to the sources described in section 7602 of this title) any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 25 tons per year of volatile organic compounds.

(1) Vehicle miles traveled

 * (A) Within 2 years after November 15, 1990, the State shall submit a revision that identifies and adopts specific enforceable transportation control strategies and transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or numbers of vehicle trips in such area and to attain reduction in motor vehicle emissions as necessary, in combination with other emission reduction requirements of this subpart, to comply with the requirements of subsection [5] (b)(2)(B) and (c)(2)(B) of this section (pertaining to periodic emissions reduction requirements). The State shall consider measures specified in section 7408 (f) of this title, and choose from among and implement such measures as necessary to demonstrate attainment with the national ambient air quality standards; in considering such measures, the State should ensure adequate access to downtown, other commercial, and residential areas and should avoid measures that increase or relocate emissions and congestion rather than reduce them.
 * (B) The State may also, in its discretion, submit a revision at any time requiring employers in such area to implement programs to reduce work-related vehicle trips and miles travelled by employees. Such revision shall be developed in accordance with guidance issued by the Administrator pursuant to section 7408 (f) of this title and may require that employers in such area increase average passenger occupancy per vehicle in commuting trips between home and the workplace during peak travel periods. The guidance of the Administrator may specify average vehicle occupancy rates which vary for locations within a nonattainment area (suburban, center city, business district) or among nonattainment areas reflecting existing occupancy rates and the availability of high occupancy modes. Any State required to submit a revision under this subparagraph (as in effect before December 23, 1995) containing provisions requiring employers to reduce work-related vehicle trips and miles travelled by employees may, in accordance with State law, remove such provisions from the implementation plan, or withdraw its submission, if the State notifies the Administrator, in writing, that the State has undertaken, or will undertake, one or more alternative methods that will achieve emission reductions equivalent to those to be achieved by the removed or withdrawn provisions.

(2) Offset requirement

 * For purposes of satisfying the offset requirements pursuant to this part, the ratio of total emission reductions of VOCs to total increased emissions of such air pollutant shall be at least 1.3 to 1, except that if the State plan requires all existing major sources in the nonattainment area to use best available control technology (as defined in section 7479 (3) of this title) for the control of volatile organic compounds, the ratio shall be at least 1.2 to 1.

(3) Enforcement under section 7511d

 * By December 31, 2000, the State shall submit a plan revision which includes the provisions required under section 7511d of this title.

Any reference to the term “attainment date” in subsection (b) or (c) of this section, which is incorporated by reference into this subsection (d), shall refer to the attainment date for Severe Areas.

(e) Extreme Areas
Each State in which all or part of an Extreme Area is located shall, with respect to the Extreme Area, make the submissions described under subsection (d) of this section (relating to Severe Areas), and shall also submit the revisions to the applicable implementation plan (including the plan items) described under this subsection. The provisions of clause (ii) of subsection (c)(2)(B) of this section (relating to reductions of less than 3 percent), the provisions of paragaphs [6] (6), (7) and (8) of subsection (c) of this section (relating to de minimus rule and modification of sources), and the provisions of clause (ii) of subsection (b)(1)(A) of this section (relating to reductions of less than 15 percent) shall not apply in the case of an Extreme Area. For any Extreme Area, the terms “major source” and “major stationary source” includes (in addition to the sources described in section 7602 of this title) any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 10 tons per year of volatile organic compounds.

(1) Offset requirement

 * For purposes of satisfying the offset requirements pursuant to this part, the ratio of total emission reductions of VOCs to total increased emissions of such air pollutant shall be at least 1.5 to 1, except that if the State plan requires all existing major sources in the nonattainment area to use best available control technology (as defined in section 7479 (3) of this title) for the control of volatile organic compounds, the ratio shall be at least 1.2 to 1.

(2) Modifications

 * Any change (as described in section 7411 (a)(4) of this title) at a major stationary source which results in any increase in emissions from any discrete operation, unit, or other pollutant emitting activity at the source shall be considered a modification for purposes of section 7502 (c)(5) of this title and section 7503 (a) of this title, except that for purposes of complying with the offset requirement pursuant to section 7503 (a)(1) of this title, any such increase shall not be considered a modification if the owner or operator of the source elects to offset the increase by a greater reduction in emissions of the air pollutant concerned from other discrete operations, units, or activities within the source at an internal offset ratio of at least 1.3 to 1. The offset requirements of this part shall not be applicable in Extreme Areas to a modification of an existing source if such modification consists of installation of equipment required to comply with the applicable implementation plan, permit, or this chapter.

(3) Use of clean fuels or advanced control technology

 * For Extreme Areas, a plan revision shall be submitted within 3 years after November 15, 1990, to require, effective 8 years after November 15, 1990, that each new, modified, and existing electric utility and industrial and commercial boiler which emits more than 25 tons per year of oxides of nitrogen—
 * (A) burn as its primary fuel natural gas, methanol, or ethanol (or a comparably low polluting fuel), or
 * (B) use advanced control technology (such as catalytic control technology or other comparably effective control methods) for reduction of emissions of oxides of nitrogen.
 * For purposes of this subsection, the term “primary fuel” means the fuel which is used 90 percent or more of the operating time. This paragraph shall not apply during any natural gas supply emergency (as defined in title III of the Natural Gas Policy Act of 1978 [ 15 U.S.C. 3361 et seq.]).

(4) Traffic control measures during heavy traffic hours

 * For Extreme Areas, each implementation plan revision under this subsection may contain provisions establishing traffic control measures applicable during heavy traffic hours to reduce the use of high polluting vehicles or heavy-duty vehicles, notwithstanding any other provision of law.

(5) New technologies

 * The Administrator may, in accordance with section 7410 of this title, approve provisions of an implementation plan for an Extreme Area which anticipate development of new control techniques or improvement of existing control technologies, and an attainment demonstration based on such provisions, if the State demonstrates to the satisfaction of the Administrator that—
 * (A) such provisions are not necessary to achieve the incremental emission reductions required during the first 10 years after November 15, 1990; and
 * (B) the State has submitted enforceable commitments to develop and adopt contingency measures to be implemented as set forth herein if the anticipated technologies do not achieve planned reductions.
 * Such contingency measures shall be submitted to the Administrator no later than 3 years before proposed implementation of the plan provisions and approved or disapproved by the Administrator in accordance with section 7410 of this title. The contingency measures shall be adequate to produce emission reductions sufficient, in conjunction with other approved plan provisions, to achieve the periodic emission reductions required by subsection (b)(1) or (c)(2) of this section and attainment by the applicable dates. If the Administrator determines that an Extreme Area has failed to achieve an emission reduction requirement set forth in subsection (b)(1) or (c)(2) of this section, and that such failure is due in whole or part to an inability to fully implement provisions approved pursuant to this subsection, the Administrator shall require the State to implement the contingency measures to the extent necessary to assure compliance with subsections (b)(1) and (c)(2) of this section.

Any reference to the term “attainment date” in subsection (b), (c), or (d) of this section which is incorporated by reference into this subsection, shall refer to the attainment date for Extreme Areas.

(f) NOx requirements

 * (1) The plan provisions required under this subpart for major stationary sources of volatile organic compounds shall also apply to major stationary sources (as defined in section 7602 of this title and subsections (c), (d), and (e) of this section) of oxides of nitrogen. This subsection shall not apply in the case of oxides of nitrogen for those sources for which the Administrator determines (when the Administrator approves a plan or plan revision) that net air quality benefits are greater in the absence of reductions of oxides of nitrogen from the sources concerned. This subsection shall also not apply in the case of oxides of nitrogen for—
 * (A) nonattainment areas not within an ozone transport region under section 7511c of this title, if the Administrator determines (when the Administrator approves a plan or plan revision) that additional reductions of oxides of nitrogen would not contribute to attainment of the national ambient air quality standard for ozone in the area, or
 * (B) nonattainment areas within such an ozone transport region if the Administrator determines (when the Administrator approves a plan or plan revision) that additional reductions of oxides of nitrogen would not produce net ozone air quality benefits in such region.
 * The Administrator shall, in the Administrator’s determinations, consider the study required under section 7511f of this title.
 * (2)
 * (A) If the Administrator determines that excess reductions in emissions of NOx would be achieved under paragraph (1), the Administrator may limit the application of paragraph (1) to the extent necessary to avoid achieving such excess reductions.
 * (B) For purposes of this paragraph, excess reductions in emissions of NOx are emission reductions for which the Administrator determines that net air quality benefits are greater in the absence of such reductions. Alternatively, for purposes of this paragraph, excess reductions in emissions of NOx are, for—
 * (i) nonattainment areas not within an ozone transport region under section 7511c of this title, emission reductions that the Administrator determines would not contribute to attainment of the national ambient air quality standard for ozone in the area, or
 * (ii) nonattainment areas within such ozone transport region, emission reductions that the Administrator determines would not produce net ozone air quality benefits in such region.
 * (3) At any time after the final report under section 7511f of this title is submitted to Congress, a person may petition the Administrator for a determination under paragraph (1) or (2) with respect to any nonattainment area or any ozone transport region under section 7511c of this title. The Administrator shall grant or deny such petition within 6 months after its filing with the Administrator.

(1) Reductions in emissions

 * 6 years after November 15, 1990, and at intervals of every 3 years thereafter, the State shall determine whether each nonattainment area (other than an area classified as Marginal or Moderate) has achieved a reduction in emissions during the preceding intervals equivalent to the total emission reductions required to be achieved by the end of such interval pursuant to subsection (b)(1) of this section and the corresponding requirements of subsections (c)(2)(B) and (C), (d), and (e) of this section. Such reduction shall be referred to in this section as an applicable milestone.

(2) Compliance demonstration

 * For each nonattainment area referred to in paragraph (1), not later than 90 days after the date on which an applicable milestone occurs (not including an attainment date on which a milestone occurs in cases where the standard has been attained), each State in which all or part of such area is located shall submit to the Administrator a demonstration that the milestone has been met. A demonstration under this paragraph shall be submitted in such form and manner, and shall contain such information and analysis, as the Administrator shall require, by rule. The Administrator shall determine whether or not a State’s demonstration is adequate within 90 days after the Administrator’s receipt of a demonstration which contains the information and analysis required by the Administrator.

(3) Serious and Severe Areas; State election

 * If a State fails to submit a demonstration under paragraph (2) for any Serious or Severe Area within the required period or if the Administrator determines that the area has not met any applicable milestone, the State shall elect, within 90 days after such failure or determination—
 * (A) to have the area reclassified to the next higher classification,
 * (B) to implement specific additional measures adequate, as determined by the Administrator, to meet the next milestone as provided in the applicable contingency plan, or
 * (C) to adopt an economic incentive program as described in paragraph (4).
 * If the State makes an election under subparagraph (B), the Administrator shall, within 90 days after the election, review such plan and shall, if the Administrator finds the contingency plan inadequate, require further measures necessary to meet such milestone. Once the State makes an election, it shall be deemed accepted by the Administrator as meeting the election requirement. If the State fails to make an election required under this paragraph within the required 90-day period or within 6 months thereafter, the area shall be reclassified to the next higher classification by operation of law at the expiration of such 6-month period. Within 12 months after the date required for the State to make an election, the State shall submit a revision of the applicable implementation plan for the area that meets the requirements of this paragraph. The Administrator shall review such plan revision and approve or disapprove the revision within 9 months after the date of its submission.

(4) Economic incentive program

 * (A) An economic incentive program under this paragraph shall be consistent with rules published by the Administrator and sufficient, in combination with other elements of the State plan, to achieve the next milestone. The State program may include a nondiscriminatory system, consistent with applicable law regarding interstate commerce, of State established emissions fees or a system of marketable permits, or a system of State fees on sale or manufacture of products the use of which contributes to ozone formation, or any combination of the foregoing or other similar measures. The program may also include incentives and requirements to reduce vehicle emissions and vehicle miles traveled in the area, including any of the transportation control measures identified in section 7408 (f) of this title.
 * (B) Within 2 years after November 15, 1990, the Administrator shall publish rules for the programs to be adopted pursuant to subparagraph (A). Such rules shall include model plan provisions which may be adopted for reducing emissions from permitted stationary sources, area sources, and mobile sources. The guidelines shall require that any revenues generated by the plan provisions adopted pursuant to subparagraph (A) shall be used by the State for any of the following:
 * (i) Providing incentives for achieving emission reductions.
 * (ii) Providing assistance for the development of innovative technologies for the control of ozone air pollution and for the development of lower-polluting solvents and surface coatings. Such assistance shall not provide for the payment of more than 75 percent of either the costs of any project to develop such a technology or the costs of development of a lower-polluting solvent or surface coating.
 * (iii) Funding the administrative costs of State programs under this chapter. Not more than 50 percent of such revenues may be used for purposes of this clause.

(5) Extreme Areas

 * If a State fails to submit a demonstration under paragraph (2) for any Extreme Area within the required period, or if the Administrator determines that the area has not met any applicable milestone, the State shall, within 9 months after such failure or determination, submit a plan revision to implement an economic incentive program which meets the requirements of paragraph (4). The Administrator shall review such plan revision and approve or disapprove the revision within 9 months after the date of its submission.

(h) Rural transport areas

 * (1) Notwithstanding any other provision of section 7511 of this title or this section, a State containing an ozone nonattainment area that does not include, and is not adjacent to, any part of a Metropolitan Statistical Area or, where one exists, a Consolidated Metropolitan Statistical Area (as defined by the United States Bureau of the Census), which area is treated by the Administrator, in the Administrator’s discretion, as a rural transport area within the meaning of paragraph (2), shall be treated by operation of law as satisfying the requirements of this section if it makes the submissions required under subsection (a) of this section (relating to marginal areas).
 * (2) The Administrator may treat an ozone nonattainment area as a rural transport area if the Administrator finds that sources of VOC (and, where the Administrator determines relevant, NOx) emissions within the area do not make a significant contribution to the ozone concentrations measured in the area or in other areas.

(i) Reclassified areas
Each State containing an ozone nonattainment area reclassified under section 7511 (b)(2) of this title shall meet such requirements of subsections (b) through (d) of this section as may be applicable to the area as reclassified, according to the schedules prescribed in connection with such requirements, except that the Administrator may adjust any applicable deadlines (other than attainment dates) to the extent such adjustment is necessary or appropriate to assure consistency among the required submissions.

(1) Coordination among States

 * Each State in which there is located a portion of a single ozone nonattainment area which covers more than one State (hereinafter in this section referred to as a “multi-State ozone nonattainment area”) shall—
 * (A) take all reasonable steps to coordinate, substantively and procedurally, the revisions and implementation of State implementation plans applicable to the nonattainment area concerned; and
 * (B) use photochemical grid modeling or any other analytical method determined by the Administrator, in his discretion, to be at least as effective.

The Administrator may not approve any revision of a State implementation plan submitted under this part for a State in which part of a multi-State ozone nonattainment area is located if the plan revision for that State fails to comply with the requirements of this subsection.

(2) Failure to demonstrate attainment

 * If any State in which there is located a portion of a multi-State ozone nonattainment area fails to provide a demonstration of attainment of the national ambient air quality standard for ozone in that portion within the required period, the State may petition the Administrator to make a finding that the State would have been able to make such demonstration but for the failure of one or more other States in which other portions of the area are located to commit to the implementation of all measures required under this section (relating to plan submissions and requirements for ozone nonattainment areas). If the Administrator makes such finding, the provisions of section 7509 of this title (relating to sanctions) shall not apply, by reason of the failure to make such demonstration, in the portion of the multi-State ozone nonattainment area within the State submitting such petition.


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356 jargon, about one third of which I understood, and abandoned the rest to a better linguist, should one ever come to the island. She was a plain, good woman, I doubt not, and the wife of an industrious fisherman. We walked through the woods, and followed the road to the church. Who would have thought that on these wild islands, among these impoverished people, we should have found a church; that we should have been suddenly confronted with a handsome, youthful, vigorous, black-haired, black-bearded fellow, in a soutane as black as the Raven's wedding-dress, and with a heart as light as a bird on the wing? Yet we met with both church and priest, and our ears were saluted by the sound of a bell which measures one foot by nine and a half inches in diameter, and weighs thirty pounds; and this bell may be heard a full quarter of a mile. It is a festival day, La Petite Fête de Dien. The chapel was illuminated at six o'clock, and the inhabitants, even from a distance, passed in; among them were many old women, who, staff in hand, had trudged along the country road. Their backs were bent by age and toil, their eyes dimmed by time; they crossed their hands upon their breasts, and knelt before the sacred images in the church with so much simplicity and apparent truth of heart that I could not help exclaiming, "This is indeed religion!" The priest, Père Brunet, is originally from Quebec. These islands belong, or are attached, to Lower Canada; he, however, is under the orders of the Bishop of Halifax. He is a shrewd-looking fellow, and, if I mistake not, has a dash of the devil in him. He told me there were no reptiles on the island, but this was an error; for, while rambling about, Tom Lincoln, Ingalls, and John saw a snake, and I heard Frogs a-piping. He also told me that Black and Red Foxes, and the changeable Hare, with Rats lately imported, were the only quadrupeds to be found, except cows, horses, and mules, of which some had been brought over many years ago, and which had multiplied, but to no great extent. The

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  it as an accident, but this did not suit the English government, and, with a view to exacting compensation, Russell's death was represented as the result of a deliberate plot.

Meanwhile various accusations, prompted perhaps by local feuds, were brought against Forster; he was said to have winked at murder, set thieves at liberty, executed others on insufficient ground, and had dealings with Northumberland wreckers. Articles embodying these accusations were drawn up on 27 Sept. 1586, and Forster was dismissed from his office. Lord Hunsdon, however, thought the charges frivolous, and about April 1588 Forster was restored. He held the wardenry until October 1595, when he was superseded by Lord Eure: his removal was due partly to his old age, and partly to a renewal of the charges against him. On 24 Oct. 1597 he was nearly surprised at Bamborough Castle by a party of Scots, and was only saved by Lady Forster promptly bolting the door of his chamber (Border Papers, ii. 441). He died at Bamborough on 13 Jan. 1601-2 (ib. ii. 780), leaving several sons and daughters by his wife Jane, daughter of Cuthbert Radcliffe, and widow of Robert, fifth baron Ogle; his son Nicholas was deputy-warden under his father, was knighted in 1603, and was father of Sir Claudius Forster, created a baronet on 7 March 1619-20 (see, Complete Baronetage, i. 137); his daughter Juliana, wife of Francis, lord Russell, was mother of Edward, third earl of Bedford, and another daughter, Grace, married Sir William Fenwick of Wallington, and was mother of Sir (1579-1658?) [q. v.]

 FORSYTH, WILLIAM (1812–1899), man of letters, eldest son of Thomas Forsyth of Birkenhead by his wife Jane Campbell (Hamilton), was born on 25 Oct. 1812 at Greenock, where his parents were then residing. After education at Sherborne school, he was on 9 Dec. 1829 entered as a pensioner at Trinity College, Cambridge. He was admitted scholar 4 May 1832, minor fellow 2 Oct. 1835, major fellow 4 July 1837. He took his B.A. degree in 1834, being third senior optime, third in the first class of the classical tripos, and second chancellor's medallist, and he proceeded M.A. in 1837. He became a student at the Inner Temple on 10 April 1834, was called to the bar on 22 Nov. 1839, and went the Midland circuit, where he had considerable success as an advocate. In 1841 he published his first legal treatise, 'On the Law of Composition with Creditors.' This was succeeded by 'The Law relating to Simony' (1844), 'The Law relating to the Custody of Infants' (1850), 'Fides Laici,' an essay (1850), a careful and trustworthy study of 'The History of Trial by Jury,' 1852 (quoted with high commendation in Lieber's 'Civil Liberty and Self-Government,' 1856), and, many years later, by 'Cases and Opinions on Constitutional Law … with Notes' (1869). In 1859 Forsyth was appointed standing counsel to the secretary of state for India, and this appointment he held until 1872. He was also a member of the council of legal education from 1860. His interest in politics led him to stand for parliament, and he was elected for the borough of Cambridge in the conservative interest in July 1865. But he was unseated on petition on the ground that the office of standing counsel to the secretary of state for India was one of profit under the crown, and disqualified him from sitting in parliament. After he had relinquished this office he was an unsuccessful candidate for the representation of Bath in 1873; but he was returned for Marylebone at the general election of 1874, and held the seat until 1880. Though a clear and forcible speaker, his public utterances in the House of Commons were not frequent. High expectations were formed of him when he first entered parliament, but they were never realised. Men of far less knowledge and experience, but with a greater command over the house, easily passed him by in the race. There was, in fact, much more of the student and the fellow of Trinity about Forsyth than of the politician or the parliamentary hand. His claims as a man of letters were recognised not only by his appointment as editor of the 'Annual Register' (1842-68), but by his being urged repeatedly to write both for the 'Edinburgh' and 'Quarterly' Reviews. To the former he contributed essays on 'Brougham' and 'Criminal Procedure; 'to the latter 'The Kingdom of Italy' (1861), and a cordial review of Foss's 'Judges


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Rh a very interesting sight. Guillemots were seen seated upright along the projecting shelvings in regular order, resembling so many sentinels on the look-out. Many Gannets also were seen about the extreme point of this island. On Amherst Island we saw many houses, a small church, and on the highest land a large cross, indicating the Catholic tendency of the inhabitants. Several small schooners lay in the little harbor called Pleasant Bay, and we intend to pay them an early visit to-morrow. The wind is so cold that it feels to us all like the middle of December at Boston. Magdalene Islands, June 13. This day week we were at Eastport, and I am sure not one of our party thought of being here this day. At four this morning we were seated at breakfast around our great drawing-table; the thermometer was at 44°; we blew our fingers and drank our coffee, feeling as if in the very heart of winter, and when we landed I felt so chilled that it would have been quite out of the question to use my hands for any delicate work. We landed between two great bluffs, that looked down upon us with apparent anger, the resort of many a Black Guillemot and noble Raven, and following a tortuous path, suddenly came plump upon one of God's best finished jewels, a woman. She saw us first, for women are always keenest in sight and sympathy, in perseverance and patience, in fortitude, and love, and sorrow, and faith, and, for aught I know, much more. At the instant that my eyes espied her, she was in full run towards her cottage, holding to her bosom a fine babe, simply covered with a very short shirt, the very appearance of which set me shivering. The woman was dressed in coarse French homespun, a close white cotton cap which entirely surrounded her face tied under her chin, and I thought her the wildest-looking woman, both in form and face, I had seen for many a day. At a venture, I addressed her in French, and it answered well, for she responded in a wonderful

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The Encyclopedia Americana (1920)/Rattan

RATTAN,, a product of Calamus rotang, a scandent palm of Ceylon, but also found in India and Burma. While this species furnishes the best commercial rattan, there are about 200 species in this genus, inhabiting tropical and subtropical Asia, Africa and Australia. The most important species other than the above are C. rudentum, C. pachystemonus and C. radiatus, abounding throughout the damp forests of Ceylon up to 3,500 feet elevation. C. rotang and the first two species named above are manufactured into a great variety of useful articles such as baskets, chairs, the hoods of carts, and when split into strips can be twisted into cordage of great strength. C. rotang is often used in Eastern countries for rope bridges, or, used entire, is stretched across rivers as the supports of suspension bridges; and is also employed for the manufacture of Malacca canes. In China rattan is a favorite material for cordage, and the material also enters into the manufacture of umbrella handles and ribs, and as a substitute for whalebone. The cane is used for saddlery and harness and for wicker-work helmets, said to be sword-proof. The two smaller species (C. pachystemonus and C. radiatus) are largely employed in the manufacture of baskets for the Ceylon tea gardens, used in picking the tea leaves. C. radiatus supplies the material for chair bottoms, being split into thin strips. In fact the many uses of rattan in Eastern countries are almost nameless. In the United States rattan is largely used for manufacturing chairs and other furniture, for chair-seating, baby-carriage bodies, baskets, floor mattings, brooms, corset-stays, whips and many other uses of minor importance. The “reed” used in raffia fancy-basket manufacture is the split inner portion of rattan dressed in

cylindrical form like the true reeds. See also .


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354 not seen. Uria troile and U.grylle were breeding in the rocks, and John saw several Ardea herodias flying in pairs, also a pair of Red-breasted Mergansers that had glutted themselves with fish so that they were obliged to disgorge before they could fly off. Amongst the plants the wild gooseberry, nearly the size of a green pea, was plentiful, and the black currant, I think of a different species from the one found in Maine. The wind rose and we returned on board. John and the sailors almost killed a Seal with their oars. June 12. At four this morning we were in sight of the Magdalene Islands, or, as they are called on the chart, Amherst Islands; they appeared to be distant about twenty miles. The weather was dull and quite calm, and I thought the prospect of reaching these isles this day very doubtful, and returned to my berth sadly disappointed. After breakfast a thick fog covered the horizon on our bow, the islands disappeared from sight, and the wind rose sluggishly, and dead ahead. Several brigs and ships loaded with lumber out from Miramichi came near us, beating their way towards the Atlantic. We are still in a great degree landlocked by Cape Breton Island, the highlands of which look dreary and forbidding; it is now nine A. M., and we are at anchor in four fathoms of water, and within a quarter of a mile of an island, one of the general group; for our pilot, who has been here for ten successive years, informs us that all these islands are connected by dry sand-bars, without any other ship channel between them than the one which we have taken, and which is called Entrée Bay, formed by Entrée Island and a long, sandy, projecting reef connected with the main island. This latter measures forty-eight miles in length, by an average of about three in breadth; Entrée Island contains about fifteen hundred acres of land, such as it is, of a red, rough, sandy formation, the northwest side constantly falling into the sea, and

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Rh Gut of Canseau, so named by the Spanish on account of the innumerable Wild Geese which, in years long past and forgotten, resorted to this famed passage. The land rises on each side in the form of an amphitheatre, and on the Nova Scotia side, to a considerable height. Many appearances of dwellings exist, but the country is too poor for comfort; the timber is small, and the land, very stony. Here and there a small patch of ploughed land, planted, or to be planted, with potatoes, was all we could see evincing cultivation. Near one house we saw a few apple-trees, yet without leaves. The general appearance of this passage reminded me of some parts of the Hudson River, and accompanied as we were by thirty smaller vessels, the time passed agreeably. Vegetation about as forward as at Eastport; saw a Chimney Swallow, heard some Blue Jays, saw some Indians in a bark canoe, passed Cape Porcupine, a high, rounding hill, and Cape George, after which we entered the Gulf of St. Lawrence. From this place, on the 20th of May last year, the sea was a complete sheet of ice as far as a spy-glass could inform. As we advanced, running parallel with the western coast of Cape Breton Island, the country looked well, at the distance we were from it; the large, undulating hills were scattered with many hamlets, and here and there a bit of cultivated land was seen. It being calm when we reached Jestico Island, distant from Cape Breton about three miles, we left the vessel and made for it. On landing we found it covered with well grown grass sprinkled everywhere with the blossoms of the wild strawberry; the sun shone bright, and the weather was quite pleasant. Robins, Savannah Finches, Song Sparrows, Tawny Thrushes, and the American Redstart were found. The Spotted Sand-piper, Totanus macularius, was breeding in the grass, and flew slowly with the common tremor of their wings, uttering their "wheet-wheet-wheet" note, to invite me to follow them. A Raven had a nest and three young in it, one standing near it, the old birds

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The Encyclopedia Americana (1920)/Raton

RATON,, N. Mex., city, county-seat of Colfax County, on the Atchison, Topeka and Santa Fé Railroad, about 130 miles northeast of Santa Fé and eight miles south of the northern boundary of the State. In the vicinity are extensive coal fields. It is the commercial and industrial centre of a large region devoted chiefly to farming and stock raising. It has railroad shops, stock-yards, grain elevators, wholesale houses and brick and lumber yards. Pop. 4,539.

title: The Encyclopedia Americana (1920)/Raton


text: Dictionary of National Biography, 1901 supplement/Forster, John (1520?-1602)


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The Encyclopedia Americana (1920)/Ratke, Wolfgang

RATKE, rät kė, Wolfgang (better known by his Latinized name of ), German educator: b. Wilster, Holstein, 18 Oct. 1571; d. Erfurt, 27 April 1635. He was trained in the Johanneum at Hamburg and the University of Rostock. Between 1603 and 1611 he lived in Holland and was the inaugurator of a new plan of school reform. The essence of his system was to discard the old memory and rote

method of teaching children; to interest them, by presenting things to their observation, and, afterward, names — a reversal of the method then in vogue; to teach them their mother tongue first and thence proceed to foreign languages. At first he met with little success in propagating his views. In 1618, however, he settled at Köthen, Anhalt, and Prince Ludwig von Anhalt furnished him with the means of opening a school to be conducted according to his own ideas. Owing to certain faults of his own, as well as to the unsettled religious condition of Germany at that time, he was obliged to leave Köthen and settled at Magdeburg in 1721. Here he made a second failure and afterward led a somewhat wandering life. But his influence upon his contemporaries and posterity was much greater than would be supposed from the failure of his own attempts to put his plan in practice. Consult Krause, ‘Wolfgang Ratke, im Licht seiner und seiner Zeitgenossen Briefe’ (1872); Schumann, ‘Die echte Methode W. Ratkes’ (1876).


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HE Labrador trip, long contemplated, was made with the usual object, that of procuring birds and making the drawings of them for the continuation of the "Birds of America," the publication of which was being carried on by the Havells, under the supervision of Victor, the elder son, who was in London at this time. To him Audubon writes from Eastport, Maine, under date of May 31, 1833:— "We are on the eve of our departure for the coast of Labrador. Our party consists of young Dr. George Shattuck of Boston, Thomas Lincoln of Dennysville, William Ingalls, son of Dr. Ingalls of Boston, Joseph Coolidge, John, and myself. I have chartered a schooner called the 'Ripley,' commanded by Captain Emery, who was at school with my friend Lincoln; he is reputed to be a gentleman, as well as a good sailor. Coolidge, too, has been bred to the sea, and is a fine, active youth of twenty-one. The schooner is a new vessel, only a year old, of 106 tons, for which we pay three hundred and fifty dollars per month for the entire use of the vessel with the men, but we supply ourselves

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men, with about 5,000 provincials. The latter he described as with a few exceptions' an extreme bad collection of broken inn-keepers, horse jockeys, and Indian traders' (to Pitt, 6 Sept.), but they turned out better than he expected. The Virginians were commanded by George Washington.

In spite of the remonstrances of Washington (, ii. 300), whose behaviour Forbes regarded as 'noways like a soldier,' he decided not to follow Braddock's route, but to cut a fresh road through western Pennsylvania, across the Alleghanies. His plan was to advance by steps, making a stockaded camp and blockhouse at every forty miles, and bringing up a fortnight's supplies to it before he moved on. He made a treaty with the Cherokees, and hoped that 'their cousins, the Highlanders,' would have a good effect upon them, but many of the Indians deserted him during his preparations. He reached Carlisle with his main body about 10 July, and moved on to Raystown (now Bedford), where a fort was built by the advance party under Colonel Henry Bouquet [q. v.] The road across the Alleghanies proved feasible, but its difficulties and the bad 'weather made progress very slow. Forbes himself was so reduced by a 'cursed flux,' that he had to travel on a hurdle slung between two horses. Early in September the advance party of 1,500 men established itself on the Loyalhannon, within forty miles of Fort Du Quesne, but a detachment of 800 men under Major Grant, sent forward to reconnoitre the fort, was surprised and routed by the French on the 14th, with a loss of 283 officers and men. Forbes with the main body did not reach the Loyalhannon till November. On the 18th a force of 2,500 men, lightly equipped, set out for Du Quesne, which was reached on the 25th, and was found to have been abandoned by the French. Forbes wrote to Pitt (27 Nov.): 'I have used the freedom of giving your name to Fort Du Quesne, as I hope it was In some measure the being actuated by your spirits that now makes us masters of the place.' It is now the busy manufacturing town of Pittsburg. Leaving a garrison of 200 provincials, Forbes returned to Philadelphia in a prostrate condition. He died there on 11 March 1759, in the 49th year of his age, and was buried in Christchurch on the 14th with military honours.

He is described as 'just and without prejudices; brave without ostentation; uncommonly warm in his friendships, yet incapable of flattery;. . . well bred, but absolutely impatient of formality and affectation;. . . steady in his measures, but open to information and counsel.' According to Bouquet the success of the expedition was entirely due to him: 'in all his measures he has shown the greatest prudence, firmness, and ability.' Washington also recognised his ' great merit.'  FORD, FRANCIS CLARE (1828–1899), diplomatist, born in 1828, was the son of Richard Ford [q. v.], author of the 'Handbook for Travellers in Spain.' He spent much of his boyhood in Spain, for which country he inherited his father's affection. He was appointed a cornet in the 4th light dragoons on 8 May 1846, was promoted lieutenant on 20 April 1849, but sold out on 9 June 1851 and entered the diplomatic service in the modest position of unpaid attaché. To climb to the position of secretary of legation took him fifteen years, during which he resided at Naples (1852), Munich (1855), and Paris (1856); became paid attaché at Lisbon on 9 March 1857, and was transferred thence to Brussels, Stuttgardt, Carlsruhe, and Vienna (25 June 1864). He served as secretary of legation at Buenos Ayres, Copenhagen, and Washington, where he was acting chargé d'affaires during the winter of 1867-8. In March 1871, having already begun to acquire a reputation as a specialist in affairs where economic and commercial interests were concerned, he was promoted to be secretary of embassy and proceeded to St. Petersburg, whence he was transferred to Vienna on 26 Oct. 1872. On 26 July 1875 he was appointed agent to represent the British government before the international commission created for the purpose of estimating the amount of compensation which should be paid by the United States for the fishery rights acquired under the 22nd and 23rd articles of the Washington treaty of 8 May 1871. The commission sat at Halifax from June until November 1877, when it was decided that the United States should within a year pay five and a half million dollars. For his services in preparing the British case Ford was made a C.B. (3 Jan.) and a C.M.G. on 24 Jan. 1878. He was promoted to be envoy extraordinary and


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The Encyclopedia Americana (1920)/Ratitæ

RATITÆ, ră-tī'tē, a group of birds broadly characterized as having a non-carinate sternum and little or no power of flight. The group originally was one of the two grand divisions of Aves, embracing all those whose sternum had no keel, as opposed to Carinatæ; but this character alone will not define the Ratitæ as at present constituted by the researches of Gadow and accepted by ornithologists generally. Its place is as a subdivision of the Neornithes (q.v.) co-ordinate with the Odontolcæ (hesperornis, etc.) and the Carinatæ; and the sum of many anatomical peculiarities distinguishes the group, which consists of the ostriches, cassowaries, kiwis, moas, rocs (Æpyornis), and perhaps some of the fossil birds of Patagonia whose relationships are not yet perfectly clear. The conspicuous feature of all these is the rudimentary condition of the wings, so that the ratites are well-designated flightless birds, the disappearance of the tail and the great prominence of the functions and development of the legs and feet. These features are believed to be the result of changes, very long continued, from ancestors which possessed the power of flight and have lost it by disuse, and in adaptation to life upon plains and deserts. This group was introduced by Merrem in his ‘Attempt at a Natural System of Birds,’ and contains his genus ‘Struthio,’ since divided. Consult Evans, ‘Birds’ (1900); Newton, ‘Dictionary of Birds’ (1893-96); Stejneger, ‘Standard Natural History’ (Vol. IV, 1885).


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Dictionary of National Biography, 1901 supplement/Ford, Francis Clare

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The Encyclopedia Americana (1920)/Ratisbon

RATISBON, rät'ĭs-bōn (REGENSBURG, rā'gĕns-boorg), Bavaria, Germany, 82 miles by rail northeast of Munich, partakes of the artistic tendencies of the latter. Chief among its public buildings and institutions are the Gothic cathedral, library, art-gallery, seminaries and glass-staining factory. Trade, facilitated by its favorable position on the Danube, is considerable. Ratishon suffered much from bombardments at various periods of its history, especially in 1809, when it was stormed by the French. It became a free port in 18S3. Pop. (1910) 52,624.


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N the 26th April, 1826, I left my beloved wife Lucy Audubon, and my son John Woodhouse with our friends the Percys at Bayou Sara. I remained at Doctor Pope's at St. Francisville till Wednesday at four o'clock, when I took the steamboat "Red River," Captain Kemble, for New Orleans, which city I reached at noon on Wednesday, 27th. Visited many vessels for my passage to England, and concluded to go in the ship "Delos" of Kennebunk, Captain Joseph Hatch, bound to Liverpool, and loaded entirely with cotton. During my stay in New Orleans, I lived at G. L. Sapinot's, and saw many of my old friends and acquaintances, but the whole time of waiting was dull and heavy. I generally walked from morning till dusk. New Orleans, to a man who does not trade in dollars or other such stuff, is a miserable spot. Finally, discovering that the ship would not be ready for sea for several days longer, I ascended the Mississippi again in the "Red River," and arrived at Mrs. Percy's at three o'clock in the morning, having had a dark ride through the Magnolia woods. I remained two days, left at sunrise, and breakfasted with my good friend Augustin Bourgeat. Arrived at New Orleans, I called on the governor, who gave me a letter bearing the seal of the State, obviating the necessity of a passport. I received many letters of introduction from different persons which will be of use to me. Also I wrote to Charles Bonaparte, apprising him of the box of bird skins forwarded to him.

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 again appointed to the command of a province. This second post he seems also to have left after a short interval, for he appeared again in Constantinople, and narrowly escaped death at the hands of the brothers of Eudoxia. About this time (1153) a conspiracy against the emperor, in which Andronicus participated, was discovered and he was thrown into prison. There he remained for about twelve years, during which time he made repeated but unsuccessful attempts to escape. At last, in 1165, he was successful; and, after passing through many dangers, reached the court of Yaroslav, grand prince of Russia, at Kiev. While under the protection of the grand prince, Andronicus brought about an alliance between him and the emperor Manuel, and so restored himself to the emperor’s favour. With a Russian army he joined Manuel in the invasion of Hungary and assisted at the siege of Semlin. After a successful campaign they returned together to Constantinople (1168); but a year after, Andronicus refused to take the oath of allegiance to the prince of Hungary, whom Manuel desired to become his successor. He was removed from court, but received the province of Cilicia. Being still under the displeasure of the emperor, Andronicus fled to the court of Raymund, prince of Antioch. While residing here he captivated and seduced the beautiful daughter of the prince, Philippa, sister of the empress Maria. The anger of the emperor was again roused by this dishonour, and Andronicus was compelled to fly. He took refuge with Amalric, king of Jerusalem, whose favour he gained, and who invested him with the town of Berytus, now Beirut. In Jerusalem he saw Theodora, the beautiful widow of the late king Baldwin and niece of the emperor Manuel. Although Andronicus was at that time fifty-six years old, age had not diminished his charms, and Theodora became the next victim of his artful seduction. To avoid the vengeance of the emperor, she fled with him to the court of the sultan of Damascus; but not deeming themselves safe there, they continued their perilous journey through Persia and Turkestan, round the Caspian Sea and across Mount Caucasus, until at length they settled among the Turks on the borders of Trebizond. Into that province Andronicus, with a body of adventurers, made frequent and successful incursions. While he was absent upon one of them, his castle was surprised by the governor of Trebizond, and Theodora with her two children were captured and sent to Constantinople. To obtain their release Andronicus made abject submission to the emperor; and, appearing in chains before him, implored pardon. This he obtained, and was allowed to retire with Theodora into banishment in the little town of Oenoe, on the shores of the Black Sea. In 1180 the emperor Manuel died, and was succeeded by his son Alexius II., who was under the guardianship of the empress Maria. Her conduct excited popular indignation; and the consequent disorders, amounting almost to civil war, gave an opportunity to the ambition of Andronicus. He left his retirement, secured the support of the army and marched upon Constantinople, where his advent was stained by a cruel massacre of the Latin inhabitants. Alexius was compelled to acknowledge him as colleague in the empire, but was soon put to death. Andronicus, now (1183) sole emperor, married Agnes, widow of Alexius II., a child eleven years of age. His short reign was characterized by strong and wise measures. He resolved to suppress many abuses, but, above all things, to check feudalism and limit the power of the nobles. The people, who felt the severity of his laws, at the same time acknowledged their justice, and found themselves protected from the rapacity of their superiors. The aristocrats, however, were infuriated against him, and summoned to their aid William of Sicily. This prince landed in Epirus with a strong force, and marched as far as Thessalonica, which he took and destroyed; but he was shortly afterwards defeated, and compelled to return to Sicily. Andronicus seems then to have resolved to exterminate the aristocracy, and his plans were nearly crowned with success. But in 1185, during his absence from the capital, his lieutenant ordered the arrest and execution of Isaac Angelus, a descendant of the first Alexius. Isaac escaped and took refuge in the church of St Sophia. He appealed to the populace, and a tumult arose which spread rapidly over the whole city. When Andronicus arrived he found that his power was overthrown, and that Isaac had been proclaimed emperor. Isaac delivered him over to his enemies, and for three days he was exposed to their fury and resentment. At last they hung him up by the feet between two pillars. His dying agonies were shortened by an Italian soldier, who mercifully plunged a sword into his body. He died on the 12th of September 1185.

ANDRONICUS II. (1260–1332), eastern Roman emperor, was the elder son of Michael Palaeologus, whom he succeeded in 1282. He allowed the fleet, which his father had organized, to fall into decay; and the empire was thus less able than ever to resist the exacting demands of the rival powers of Venice and Genoa. During his reign the Turks under Osman conquered nearly the whole of Bithynia; and to resist them the emperor called in the aid of Roger di Flor, who commanded a body of Spanish adventurers. The Turks were defeated, but Roger was found to be nearly as formidable an enemy to the imperial power. He was assassinated by Andronicus’s son and colleague, the emperor Michael IX., in 1305. His adventurers (known as the Catalan Grand Company) declared war upon Andronicus, and, after devastating Thrace and Macedonia, conquered the duchy of Athens and Thebes. From 1320 onwards the emperor was engaged in war with his grandson Andronicus (see ). He abdicated in 1328 and died in 1332.

ANDRONICUS III. (c. 1296–1341), eastern Roman emperor, was the son of Michael, son of Andronicus II. His conduct during youth was so violent that, after the death of his father Michael in 1320, his grandfather resolved to deprive him of his right to the crown. Andronicus rebelled; he had a powerful party, and the first period of civil war ended in his being crowned and accepted as colleague by his grandfather, 1325. The quarrel broke out again and, notwithstanding the help of the Bulgarians, the older emperor was compelled to abdicate, 1328. During his reign Andronicus III. was engaged in constant war, chiefly with the Turks, who greatly extended their conquests. He annexed large regions in Thessaly and Epirus, but they were lost before his death to the rising power of Servia under Stephen Dušan. He did something for the reorganization of the navy, and recovered Lesbos and Chios from the Genoese. He died in 1341.

ANDRONICUS OF CYRRHUS, Greek astronomer, flourished about 100 He built a horologium at Athens, the so-called “tower of the winds,” a considerable portion of which still exists. It is octagonal, with figures carved on each side, representing the eight principal winds. A brazen Triton on the summit, with a rod in his hand, turned round by the wind, pointed to the quarter from which it blew. From this model is derived the custom of placing weathercocks on steeples.

ANDRONICUS OF RHODES (c. 70 ), the eleventh scholarch of the Peripatetics. His chief work was the arrangement of the writings of Aristotle and Theophrastus with materials supplied to him by Tyrannion. Besides arranging the works, he seems to have written paraphrases and commentaries, none of which is extant. Two treatises are sometimes erroneously attributed to him, one on the Emotions, the other a commentary on Aristotle’s Ethics (really by Constantine Palaeocappa in the 16th century, or by John Callistus of Thessalonica).

ANDROPHAGI (Gr. for “man-eaters”), an ancient nation of cannibals north of Scythia (Herodotus iv. 18, 106), probably in the forests between the upper waters of the Dnieper and Don. They were most likely Finns (Samoyed has the same meaning) and perhaps the ancestors of the (q.v.).

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 with provisions. The hold of the vessel has been floored, and our great table solidly fixed in a tolerably good light under the main hatch; it is my intention to draw whenever possible, and that will be many hours, for the daylight is with us nearly all the time in those latitudes, and the fishermen say you can do with little sleep, the air is so pure. I have been working hard at the birds from the Grand Menan, as well as John, who is overcoming his habit of sleeping late, as I call him every morning at four, and we have famous long days. We are well provided as to clothes, and strange figures indeed do we cut in our dresses, I promise you: fishermen's boots, the soles of which are all nailed to enable us to keep our footing on the sea-weeds, trousers of fearnought so coarse that our legs look like bears' legs, oiled jackets and over-trousers for rainy weather, and round, white, wool hats with a piece of oil cloth dangling on our shoulders to prevent the rain from running down our necks. A coarse bag is strapped on the back to carry provisions on inland journeys, with our guns and hunting-knives; you can form an idea of us from this. Edward Harris is not to be with us; this I regret more than I can say. This day seven vessels sailed for the fishing-grounds, some of them not more than thirty tons' burden, for these hardy fishermen

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Rh care not in what they go; but I do, and, indeed, such a boat would be too small for us." The 1st of June was the day appointed for the start, but various delays occurred which retarded this until the 6th, when the journal which follows tells its own tale. Of all the members of the party Mr. Joseph Coolidge, now (1897) living in San Francisco, is the sole survivor. M. R. A.

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Rh the seams in it, which, as wires, led straight from where he sat to the connecting door, and disappeared beneath it into the chamber of Isabel; that he started at a tap at that very door, followed by the wonted, low, sweet voice:

'Pierre! a letter for thee—dost thou hear? a letter,—may I come in?'

At once he felt a dart of surprise and apprehension; for he was precisely in that general condition with respect to the outer world, that he could not reasonably look for any tidings but disastrous, or at least, unwelcome ones. He assented; and Isabel entered, holding out the billet in her hand.

''Tis from some lady, Pierre; who can it be?—not thy mother though, of that I am certain;—the expression of her face, as seen by me, not at all answering to the expression of this handwriting here.'

'My mother? from my mother?' muttered Pierre, in wild vacancy—'no! no! it can scarce be from her.—Oh, she writes no more, even in her own private tablets now! Death hath stolen the last leaf, and rubbed all out, to scribble his own ineffaceable hic jacet there!'

'Pierre!' cried Isabel, in affright.

'Give it me!' he shouted, vehemently, extending his hand. 'Forgive me, sweet, sweet Isabel, I have wandered in my mind; this book makes me mad. There; I have it now'—in a tone of indifference—'now, leave me again. It is from some pretty aunt, or cousin, I suppose,' carelessly balancing the letter in his hand.

Isabel quitted the room; the moment the door closed upon her, Pierre eagerly split open the letter, and read:—

II

'This morning I vowed it, my own dearest, dearest Pierre. I feel stronger to-day; for to-day I have still

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