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(continued)
subdivisions within the air quality control region. After the
initial two-year period the Administrator is authorized to make
grants to such agency or such commission in an amount up to
three-fifths of the air quality implementation program costs of
such agency or commission.

[42 U.S.C. 7406]

AIR QUALITY CONTROL REGIONS

Sec. 107. (a) Each State shall have the primary responsibility
for assuring air quality within the entire geographic area
comprising such State by submitting an implementation plan for
such State which will specify the manner in which national
primary and secondary ambient air quality standards will be
achieved and maintained within each air quality control region in
such State.
(b) For purposes of developing and carrying out implementation
plans under section 110 -
(1) an air quality control region designated under this
section before the date of enactment of the Clean Air Amend-
ments of 1970, or a region designated after such date under
subsection (c), shall be an air quality control region; and
(2) the portion of such State which is not part of any such
designated region shall be an air quality control region, but
such portion may be subdivided by the State into two or more
air quality control regions with the approval of the Adminis-
trator.
(c) The Administrator shall, within 90 days after the date of
enactment of the Clean Air Amendments of 1970, after consultation
with appropriate State and local authorities, designate as an air
quality control region any interstate area or major intrastate
area which he deems necessary or appropriate for the attainment
and maintenance of ambient air quality standards. The Administra-
tor shall immediately notify the Governors of the affected States
of any designation made under this subsection.
(d) Designations.-
(1) Designations generally.-
(A) Submission by governors of initial designations
following promulgation of new or revised standards.- By
such date as the Administrator may reasonably require, but

21





not later than 1 year after promulgation of a new or
revised national ambient air quality standard for any
pollutant under section 109, the Governor of each State
shall (and at any other time the Governor of a State deems
appropriate the Governor may) submit to the Administrator
a list of all areas (or portions thereof) in the State,
designating as -
(i) nonattainment, any area that does not meet (or
that contributes to ambient air quality in a nearby
area that does not meet) the national primary or
secondary ambient air quality standard for the
pollutant,
(ii) attainment, any area (other than an area identi-
fied in clause (i)) that meets the national primary or
secondary ambient air quality standard for the pollut-
ant, or
(iii) unclassifiable, any area that cannot be classi-
fied on the basis of available information as meeting
or not meeting the national primary or secondary
ambient air quality standard for the pollutant.
The Administrator may not require the Governor to submit the
required list sooner than 120 days after promulgating a new
or revised national ambient air quality standard.

(B) Promulgation by epa of designations.- (i) Upon
promulgation or revision of a national ambient air quality
standard, the Administrator shall promulgate the designa-
tions of all areas (or portions thereof) submitted under
subparagraph (A) as expeditiously as practicable, but in
no case later than 2 years from the date of promulgation
of the new or revised national ambient air quality
standard. Such period may be extended for up to one year
in the event the Administrator has insufficient
information to promulgate the designations.
(ii) In making the promulgations required under clause
(i), the Administrator may make such modifications as the
Administrator deems necessary to the designations of the
areas (or portions thereof) submitted under subparagraph
(A) (including to the boundaries of such areas or portions
thereof). Whenever the Adminstrator intends to make a
modification, the Administrator shall notify the State and
provide such State with an opportunity to demonstrate why
any proposed modification is inappropriate. The
Administrator shall give such notification no later than
120 days before the date the Administrator promulgates the
designation, including any modification thereto. If the
Governor fails to submit the list in whole or in part, as
required under subparagraph (A), the Administrator shall
promulgate the designation that the Administrator deems
appropriate for any area (or portion thereof) not
designated by the State.
(iii) If the Governor of any State, on the Governor's
own motion, under subparagraph (A), submits a list of
areas (or portions thereof) in the State designated as
nonattainment, attainment, or unclassifiable, the

22





Administrator shall act on such designations in accordance
with the procedures under paragraph (3) (relating to
redesignation).
(iv) A designation for an area (or portion thereof)
made pursuant to this subsection shall remain in effect
until the area (or portion thereof) is redesignated
pursuant to paragraph (3) or (4).
(C) Designations by operation of law.- (i) Any area
designated with respect to any air pollutant under the
provisions of paragraph (1) (A), (B), or (C) of this
subsection (as in effect immediately before the date of
the enactment of the Clean Air Act Amendments of 1990) is
designated, by operation of law, as a nonattainment area
for such pollutant within the meaning of subparagraph
(A)(i).
(ii) Any area designated with respect to any air
pollutant under the provisions of paragraph (1)(E) (as in
effect immediately before the date of the enactment of the
Clean Air Act Amendments of 1990) is designated by
operation of law, as an attainment area for such pollutant
within the meaning of subparagraph (A)(ii).
(iii) Any area designated with respect to any air
pollutant under the provisions of paragraph (1)(D) (as in
effect immediately before the date of the enactment of the
Clean Air Act Amendments of 1990) is designated, by opera-
tion of law, as an unclassifiable area for such pollutant
within the meaning of subparagraph (A)(iii).
(2) Publication of designations and redesignations.- (A) The
Administrator shall publish a notice in the Federal Register
promulgating any designation under paragraph (1) or (5), or
announcing any designation under paragraph (4), or promulgating
any redesignation under paragraph (3).
(B) Promulgation or announcement of a designation under
paragraph (1), (4) or (5) shall not be subject to the
provisions of sections 553 through 557 of title 5 of the United
States Code (relating to notice and comment), except nothing
herein shall be construed as precluding such public notice and
comment whenever possible.
(3) Redesignation.- (A) Subject to the requirements of
subparagraph (E), and on the basis of air quality data,
planning and control considerations, or any other air
quality-related considerations the Administrator deems
appropriate, the Administrator may at any time notify the
Governor of any State that available information indicates that
the designation of any area or portion of an area within the
State or interstate area should be revised. In issuing such
notification, which shall be public, to the Governor, the
Administrator shall provide such information as the
Administrator may have available explaining the basis for the
notice.
(B) No later than 120 days after receiving a notification
under subparagraph (A), the Governor shall submit to the
Administrator such redesignation, if any, of the appropriate
area (or areas) or portion thereof within the State or inter-
state area, as the Governor considers appropriate.

23





(C) No later than 120 days after the date described in
subparagraph (B) (or paragraph (1)(B)(iii)), the Administrator
shall promulgate the redesignation, if any, of the area or
portion thereof, submitted by the Governor in accordance with
subparagraph (B), making such modifications as the
Administrator may deem necessary, in the same manner and under
the same procedure as is applicable under clause (ii) of
paragraph (1)(B), except that the phrase "60 days" shall be
substituted for the phrase "120 days" in that clause. If the
Governor does not submit, in accordance with subparagraph (B),
a redesignation for an area (or portion thereof) identified by
the Administrator under subparagraph (A), the Administrator
shall promulgate such redesignation, if any, that the
Administrator deems appropriate.
(D) The Governor of any State may, on the Governor's own
motion, submit to the Administrator a revised designation of
any area or portion thereof within the State. Within 18 months
of receipt of a complete State redesignation submittal, the
Administrator shall approve or deny such redesignation. The
submission of a redesignation by a Governor shall not affect
the
effectiveness or enforceability of the applicable
implementation plan for the State.
(E) The Administrator may not promulgate a redesignation of
a nonattainment area (or portion thereof) to attainment unless
-
(i) the Administrator determines that the area has
attained the national ambient air quality standard;
(ii) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k);
(iii) the Administrator determines that the improvement in
air quality is due to permanent and enforceable reductions
in emissions resulting from implementation of the applicable
implementation plan and applicable Federal air pollutant
control regulations and other permanent and enforceable
reductions;
(iv) the Administrator has fully approved a maintenance
plan for the area as meeting the requirements of section
175A; and
(v) the State containing such area has met all
requirements applicable to the area under section 110 and
part D.
(F) The Administrator shall not promulgate any redesignation
of any area (or portion thereof) from nonattainment to
unclassifiable.
(4) Nonattainment designations for ozone, carbon monoxide
and particulate matter (PM-10).-
(A) Ozone and carbon monoxide.- (i) Within 120 days after
the date of the enactment of the Clean Air Act Amendments of
1990, each Governor of each State shall submit to the
Administrator a list that designates, affirms or reaffirms
the designation of, or redesignates (as the case may be),
all areas (or portions thereof) of the Governor's State as
attainment, nonattainment, or unclassifiable with respect to


24





the national ambient air quality standards for ozone and
carbon monoxide.
(ii) No later than 120 days after the date the Governor is
required to submit the list of areas (or portions thereof)
required under clause (i) of this subparagraph, the Adminis-
trator shall promulgate such designations, making such
modifications as the Administrator may deem necessary, in
the same manner, and under the same procedure, as is
applicable under clause (ii) of paragraph (1)(B), except
that the phrase "60 days" shall be substituted for the
phrase "120 days" in that clause. If the Governor does not
submit, in accordance with clause (i) of this subparagraph,
a designation for an area (or portion thereof), the
Administrator shall promulgate the designation that the
Administrator deems appropriate.
(iii) No nonattainment area may be redesignated as an
attainment area under this subparagraph.
(iv) Notwithstanding paragraph (1)(C)(ii) of this subsec-
tion, if an ozone or carbon monoxide nonattainment area
located within a metropolitan statistical area or
consolidated metropolitan statistical area (as established
by the
Bureau of the Census) is classified under part D of this
title as a Serious, Severe, or Extreme Area, the boundaries
of such area are hereby revised (on the date 45 days after
such classification) by operation of law to include the
entire metropolitan statistical area or consolidated metro-
politan statistical area, as the case may be, unless within
such 45-day period the Governor (in consultation with State
and local air pollution control agencies) notifies the
Administrator that additional time is necessary to evaluate
the application of clause (v). Whenever a Governor has
submitted such a notice to the Administrator, such boundary
revision shall occur on the later of the date 8 months after
such classification or 14 months after the date of the
enactment of the Clean Air Act Amendments of 1990 unless the
Governor makes the finding referred to in clause (v), and
the Administrator concurs in such finding, within such
period. Except as otherwise provided in this paragraph, a
boundary revision under this clause or clause (v) shall
apply for purposes of any State implementation plan revision
required to be submitted after the date of the enactment of
the Clean Air Act Amendments of 1990.
(v) Whenever the Governor of a State has submitted a
notice under clause (iv), the Governor, in consultation with
State and local air pollution control agencies, shall
undertake a study to evaluate whether the entire
metropolitan statistical area or consolidated metropolitan
statistical area should be included within the nonattainment
area. Whenever a Governor finds and demonstrates to the
satisfaction of the Administrator, and the Administrator
concurs in such finding, that with respect to a portion of a
metropolitan statistical area or consolidated metropolitan
statistical area, sources in the portion do not contribute
significantly to violation of the national ambient air

25





quality standard, the Administrator shall approve the
Governor's request to exclude such portion from the
nonattainment area. In making such finding, the Governor and
the Administrator shall consider factors such as population
density, traffic congestion, commercial development,
industrial development, meteorological conditions, and
pollution transport.
(B) PM-10 designations.- By operation of law, until
redesignation by the Administrator pursuant to paragraph (3)
-
(i) each area identified in 52 Federal Register 29383
(Aug. 7, 1987) as a Group I area (except to the extent
that such identification was modified by the Adminis-
trator before the date of the enactment of the Clean
Air Act Amendments of 1990) is designated nonattainment
for PM-10;
(ii) any area containing a site for which air quality
monitoring data show a violation of the national
ambient air quality standard for PM-10 before January
1, 1989 (as determined under part 50, appendix K of
title 40 of
the Code of Federal Regulations) is hereby designated
nonattainment for PM-10; and
(iii) each area not described in clause (i) or (ii)
is hereby designated unclassifiable for PM-10.
Any designation for particulate matter (measured in terms of
total suspended particulates) that the Administrator promul-
gated pursuant to this subsection (as in effect immediately
before the date of the enactment of the Clean Air Act Amend-
ments of 1990) shall remain in effect for purposes of imple-
menting the maximum allowable increases in concentrations of
particulate matter (measured in terms of total suspended
particulates) pursuant to section 163(b), until the Adminis-
trator determines that such designation is no longer neces-
sary for that purpose.
(5) Designations for lead.- The Administrator may, in the
Administrator's discretion at any time the Administrator deems
appropriate, require a State to designate areas (or portions
thereof) with respect to the national ambient air quality
standard for lead in effect as of the date of the enactment of
the Clean Air Act Amendments of 1990, in accordance with the
procedures under subparagraphs (A) and (B) of paragraph (1),
except that in applying subparagraph (B)(i) of paragraph (1) the
phrase "2 years from the date of promulgation of the new or
revised national ambient air quality standard" shall be replaced
by the phrase "1 year from the date the Administrator notifies
the State of the requirement to designate areas with respect to
the standard for lead".
(e)(1) Except as otherwise provided in paragraph (2), the
Governor of each State is authorized, with the approval of the
Administrator, to redesignate from time to time the air quality
control regions within such State for purposes of efficient and
effective air quality management. Upon such redesignation, the
list under subsection (d) shall be modified accordingly.


26





(2) In the case of an air quality control region in a State, or
part of such region, which the Administrator finds may signifi-
cantly affect air pollution concentrations in another State, the
Governor of the State in which such region, or part of a region,
is located may redesignate from time to time the boundaries of so
much of such air quality control region as is located within such
State only with the approval of the Administrator and with the
consent of all Governors of all States which the Administrator
determines may be significantly affected.
(3) No compliance date extension granted under section
113(d)(5) (relating to coal conversion) shall cease to be
effective by reason of the regional limitation provided in
section 113(d)(5) if the violation of such limitation is due
solely to a redesignation of a region under this subsection.

[42 U.S.C. 7407]

AIR QUALITY CRITERIA AND CONTROL TECHNIQUES

Sec. 108. (a)(1) For the purpose of establishing national pri-
mary and secondary ambient air quality standards, the Administra-
tor shall within 30 days after the date of enactment of the Clean
Air Amendments of 1970 publish, and shall from time to time
thereafter revise, a list which includes each air pollutant -
(A) emissions of which, in his judgment, cause or contrib-
ute to air pollution which may reasonably be anticipated to
endanger public health or welfare;
(B) the presence of which in the ambient air results from
numerous or diverse mobile or stationary sources; and
(C) for which air quality criteria had not been issued
before the date of enactment of the Clean Air Amendments of
1970, but for which he plans to issue air quality criteria
under this section.
(2) The Administrator shall issue air quality criteria for an
air pollutant within 12 months after he has included such
pollutant in a list under paragraph (1). Air quality criteria for
an air pollutant shall accurately reflect the latest scientific
knowledge useful in indicating the kind and extent of all
identifiable effects on public health or welfare which may be
expected from the presence of such pollutant in the ambient air,
in varying quantities. The criteria for an air pollutant, to the
extent practicable, shall include information on -
(A) those variable factors (including atmospheric condi-
tions) which of themselves or in combination with other
factors may alter the effects on public health or welfare of
such air pollutant;
(B) the types of air pollutants which, when present in the
atmosphere, may interact with such pollutant to produce an
adverse effect on public health or welfare; and
(C) any known or anticipated adverse effects on welfare.
(b)(1) Simultaneously with the issuance of criteria under
subsection (a), the Administrator shall, after consultation with
appropriate advisory committees and Federal departments and
agencies, issue to the States and appropriate air pollution
control agencies information on air pollution control techniques,

27





which information shall include data relating to the cost of
installation and operation, energy requirements, emission
reduction benefits, and environmental impact of the emission
control technology. Such information shall include such data as
are available on available technology and alternative methods of
prevention and control of air pollution. Such information shall
also include data on alternative fuels, processes, and operating
methods which will result in elimination or significant reduction
of emissions.
(2) In order to assist in the development of information on
pollution control techniques, the Administrator may establish a
standing consulting committee for each air pollutant included in
a list published pursuant to subsection (a)(1), which shall be
comprised of technically qualified individuals representative of
State and local governments, industry, and the economic
community. Each such committee shall submit, as appropriate, to
the Administrator information related to that required by
paragraph (1).
(c) The Administrator shall from time to time review, and, as
appropriate, modify, and reissue any criteria or information on
control techniques issued pursuant to this section. Not later
than six months after the date of the enactment of the Clean Air
Act
Amendments of 1977, the Administrator shall revise and reissue
criteria relating to concentrations of NO 2 over such period (not
more than three hours) as he deems appropriate. Such criteria
shall include a discussion of nitric and nitrous acids, nitrites,
nitrates, nitrosamines, and other carcinogenic and potentially
carcinogenic derivatives of oxides of nitrogen.
(d) The issuance of air quality criteria and information on air
pollution control techniques shall be announced in the Federal
Register and copies shall be made available to the general
public.
(e) The Administrator shall, after consultation with the
Secretary of Transportation, and after providing public notice
and opportunity for comment, and with State and local officials,
within nine months after enactment of the Clean Air Act
Amendments of 1989 and periodically thereafter as necessary to
maintain a continuous transportation-air quality planning
process, update the June 1978 Transportation-Air Quality Planning
Guidelines and publish guidance on the development and
implementation of transportation and other measures necessary to
demonstrate and maintain attainment of national ambient air
quality standards. Such guidelines shall include information on -

(1) methods to identify and evaluate alternative planning
and control activities;
(2) methods of reviewing plans on a regular basis as condi-
tions change or new information is presented;
(3) identification of funds and other resources necessary to
implement the plan, including interagency agreements on
providing such funds and resources;
(4) methods to assure participation by the public in all
phases of the planning process; and


28





(5) such other methods as the Administrator determines
necessary to carry out a continuous planning process.
(f)(1) The Administrator shall publish and make available to
appropriate Federal, State, and local environmental and transpor-
tation agencies not later than one year after enactment of the
Clean Air Act Amendments of 1990, and from time to time thereaf-
ter -
(A) information prepared, as appropriate, in consultation
with the Secretary of Transportation, and after providing
public notice and opportunity for comment, regarding the
formulation and emission reduction potential of transportation
control measures related to criteria pollutants and their
precursors, including, but not limited to -
(i) programs for improved public transit;
(ii) restriction of certain roads or lanes to, or
construction of such roads or lanes for use by, passenger
buses or high occupancy vehicles;
(iii) employer-based transportation management plans,
including incentives;
(iv) trip-reduction ordinances;
(v) traffic flow improvement programs that achieve
emission reductions;
(vi) fringe and transportation corridor parking facilities
serving multiple occupancy vehicle programs or transit
service;
(vii) programs to limit or restrict vehicle use in
downtown areas or other areas of emission concentration
particularly during periods of peak use;
(viii) programs for the provision of all forms of high-
-occupancy, shared-ride services;
(ix) programs to limit portions of road surfaces or
certain sections of the metropolitan area to the use of
non-motorized vehicles or pedestrian use, both as to time
and place;
(x) programs for secure bicycle storage facilities and
other facilities, including bicycle lanes, for the conve-
nience and protection of bicyclists, in both public and
private areas;
(xi) programs to control extended idling of vehicles;
(xii) programs to reduce motor vehicle emissions, consis-
tent with title II, which are caused by extreme cold start
conditions;
(xiii) employer-sponsored programs to permit flexible work
schedules;
(xiv) programs and ordinances to facilitate non-automobile
travel, provision and utilization of mass transit, and to
generally reduce the need for single-occupant vehicle
travel, as part of transportation planning and development
efforts of a locality, including programs and ordinances
applicable to new shopping centers, special events, and
other centers of vehicle activity;
(xv) programs for new construction and major reconstruc-
tions of paths, tracks or areas solely for the use by
pedestrian or other non-motorized means of transportation
when economically feasible and in the public interest. For

29





purposes of this clause, the Administrator shall also
consult with the Secretary of the Interior; and
(xvi) program to encourage the voluntary removal from use
and the marketplace of pre-1980 model year light duty
vehicles and pre-1980 model light duty trucks.
(B) information on additional methods or strategies that
will contribute to the reduction of mobile source related
pollutants during periods in which any primary ambient air
quality standard will be exceeded and during episodes for which
an air pollution alert, warning, or emergency has been
declared;
(C) information on other measures which may be employed to
reduce the impact on public health or protect the health of
sensitive or susceptible individuals or groups; and
(D) information on the extent to which any process, proce-
dure, or method to reduce or control such air pollutant may
cause an increase in the emissions or formation of any other
pollutant.
(2) In publishing such information the Administrator shall also
include an assessment of -
(A) the relative effectiveness of such processes,
procedures, and methods;
(B) the potential effect of such processes, procedures, and
methods on transportation system and the provision of transpor-
tation services; and
(C) the environmental, energy, and economic impact of such
processes, procedures, and methods.
(3) The Secretary of Transportation and the Administrator shall
submit to Congress by January 1, 1993, and every 3 years thereaf-
ter a report that -
(A) reviews and analyzes existing State and local air
quality-related transportation programs, including specifically
any analyses of whether adequate funding is available to
complete transportation projects identified in State
implementation plans in the time required by applicable State
implementation plans and any Federal efforts to promote those
programs;
(B) evaluates the extent to which the Department of
Transportation's existing air quality-related transportation
programs and such Department's proposed budget will achieve the
goals of and compliance with this Act; and
(C) recommends what, if any, changes to such existing
programs and proposed budget as well as any statutory authority
relating to air quality-related transportation programs that
would improve the achievement of the goals of and compliance
with the Clean Air Act.
(4) In each report to Congress after the first report required
under paragraph (3), the Secretary of Transportation shall
include a description of the actions taken to implement the
changes recommended in the preceding report.
(g) Assessment of Risks to Ecosystems.- The Administrator may
assess the risks to ecosystems from exposure to criteria air
pollutants (as identified by the Administrator in the Administra-
tor's sole discretion).


30





(h) RACT/BACT/LAER Clearinghouse.- The Administrator shall make
information regarding emission control technology available to
the States and to the general public through a central database.
Such information shall include all control technology information
received pursuant to State plan provisions requiring permits for
sources, including operating permits for existing sources.

[42 U.S.C. 7408]

NATIONAL AMBIENT AIR QUALITY STANDARDS

Sec. 109. (a)(1) The Administrator -
(A) within 30 days after the date of enactment of the Clean Air
Amendments of 1970, shall publish proposed regulations prescrib-
ing a national primary ambient air quality standard and a
national secondary ambient air quality standard for each air
pollutant for which air quality criteria have been issued prior
to such date of enactment; and
(B) after a reasonable time for interested persons to submit
written comments thereon (but no later than 90 days after the
initial publication of such proposed standards) shall by regula-
tion promulgate such proposed national primary and secondary
ambient air quality standards with such modifications as he deems
appropriate.
(2) With respect to any air pollutant for which air quality
criteria are issued after the date of enactment of the Clean Air
Amendments of 1970, the Administrator shall publish,
simultaneously with the issuance of such criteria and
information, proposed national primary and secondary ambient air
quality standards for any such pollutant. The procedure provided
for in paragraph (1)(B) of this subsection shall apply to the
promulgation of such standards.
(b)(1) National primary ambient air quality standards, pre-
scribed, under subsection (a) shall be ambient air quality
standards the attainment and maintenance of which in the judgment
of the Administrator, based on such criteria and allowing an
adequate margin of safety, are requisite to protect the public
health. Such primary standards may be revised in the same manner
as promulgated.
(2) Any national secondary ambient air quality standard pre-
scribed, under subsection (a) shall specify a level of air
quality the attainment and maintenance of which in the judgment
of the Administrator, based on such criteria, is requisite to
protect the public welfare from any known or anticipated adverse
effects associated with the presence of such air pollutant in the
ambient air. Such secondary standards may be revised in the same
manner as promulgated.
(c) The Administrator shall, not later than one year after the
date of the enactment of the Clean Air Act Amendments of 1977,
promulgate a national primary ambient air quality standard for NO
2 concentrations over a period of not more than 3 hours unless,
based on the criteria issued under section 108(c), he finds that
there is no significant evidence that such a standard for such a
period is requisite to protect public health.


31





(d)(1) Not later than December 31, 1980, and at five-year
intervals thereafter, the Administrator shall complete a thorough
review of the criteria published under section 108 and the
national ambient air quality standards promulgated under this
section and shall make such revisions in such criteria and
standards and promulgate such new standards as may be appropriate
in accordance with section 108 and subsection (b) of this
section. The Administrator may review and revise criteria or
promulgate new standards earlier or more frequently than required
under this paragraph.
(2)(A) The Administrator shall appoint an independent
scientific review committee composed of seven members
including at least one member of the National Academy of
Sciences, one physician, and one person representing State
air pollution control agencies.
(B) Not later than January 1, 1980, and at five-year intervals
thereafter, the committee referred to in subparagraph (A) shall
complete a review of the criteria published under section 108 and
the national primary and secondary ambient air quality standards
promulgated under this section and shall recommend to the
Administrator any new national ambient air quality standards and
revisions of existing criteria and standards as may be
appropriate under section 108 and subsection (b) of this section.
(C) Such committee shall also (i) advise the Administrator of
areas in which additional knowledge is required to appraise the
adequacy and basis of existing, new, or revised national ambient
air quality standards, (ii) describe the research efforts
necessary to provide the required information, (iii) advise the
Administrator on the relative contribution to air pollution
concentrations of natural as well as anthropogenic activity, and
(iv) advise the Administrator of any adverse public health,
welfare, social, economic, or energy effects which may result
from various strategies for attainment and maintenance of such
national ambient air quality standards.

[42 U.S.C. 7409]

IMPLEMENTATION PLANS

Sec. 110. (a)(1) Each State shall, after reasonable notice and
public hearings, adopt and submit to the Administrator, within 3
years (or such shorter period as the Administrator may prescribe)
after the promulgation of a national primary ambient air quality
standard (or any revision thereof) under section 109 for any air
pollutant, a plan which provides for implementation, maintenance,
and enforcement of such primary standard in each air quality
control region (or portion thereof) within such State. In
addition, such State shall adopt and submit to the Administrator
(either as a part of a plan submitted under the preceding
sentence or separately) within 3 years (or such shorter period as
the Administrator may prescribe) after the promulgation of a
national ambient air quality secondary standard (or revision
thereof), a plan which provides for implementation, maintenance,
and enforcement of such secondary standard in each air quality
control region (or portion thereof) within such State. Unless a

32





separate public hearing is provided, each State shall consider
its plan implementing such secondary standard at the hearing
required by the first sentence of this paragraph.
(2) Each implementation plan submitted by a State under this
Act shall be adopted by the State after reasonable notice and
public hearing. Each such plan shall -
(A) include enforceable emission limitations and other
control measures, means, or techniques (including economic
incentives such as fees, marketable permits, and auctions of
emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the
applicable requirements of this Act;
(B) provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to -
(i) monitor, compile, and analyze data on ambient air
quality, and
(ii) upon request, make such data available to the
Administrator;
(C) include a program to provide for the enforcement of the
measures described in subparagraph (A), and regulation of the
modification and construction of any stationary source within
the areas covered by the plan as necessary to assure that
national ambient air quality standards are achieved, including
a permit program as required in parts C and D;
(D) contain adequate provisions -
(i) prohibiting, consistent with the provisions of this
title, any source or other type of emissions activity within
the State from emitting any air pollutant in amounts which
will -
(I) contribute significantly to nonattainment in, or
interfere with maintenance by, any other State with
respect to any such national primary or secondary
ambient air quality standard, or
(II) interfere with measures required to be included
in the applicable implementation plan for any other
State under part C to prevent significant deterioration
of air quality or to protect visibility,
(ii) insuring compliance with the applicable requirements
of sections 126 and 115 (relating to interstate and interna-
tional pollution abatement);
(E) provide (i) necessary assurances that the State (or, except
where the Administrator deems inappropriate, the general purpose
local government or governments, or a regional agency designated
by the State or general purpose local governments for such
purpose) will have adequate personnel, funding, and authority
under State (and, as appropriate, local) law to carry out such
implementation plan (and is not prohibited by any provision of
Federal or State law from carrying out such implementation plan
or portion thereof), (ii) requirements that the State comply with
the requirements respecting State boards under section 128, and
(iii) necessary assurances that, where the State has relied on a
local or regional government, agency, or instrumentality for the
implementation of any plan provision, the State has
responsibility for ensuring adequate implementation of such plan
provision;

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(F) require, as may be prescribed by the Administrator -
(i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps,
by owners or operators of stationary sources to monitor
emissions from such sources,
(ii) periodic reports on the nature and amounts of emis-
sions and emissions-related data from such sources, and
(iii) correlation of such reports by the State agency with
any emission limitations or standards established pursuant
to this Act, which reports shall be available at reasonable
times for public inspection;
(G) provide for authority comparable to that in section 303 and
adequate contingency plans to implement such authority;
(H) provide for revision of such plan -
(i) from time to time as may be necessary to take account
of revisions of such national primary or secondary ambient
air quality standard or the availability of improved or more
expeditious methods of attaining such standard, and
(ii) except as provided in paragraph (3)(C), whenever the
Administrator finds on the basis of information available to
the Administrator that the plan is substantially inadequate
to attain the national ambient air quality standard which it
implements or to otherwise comply with any additional
requirements established under this Act;
(I) in the case of a plan or plan revision for an area
designated as a nonattainment area, meet the applicable
requirements of part D (relating to nonattainment areas);
(J) meet the applicable requirements of section 121 (relating
to consultation), section 127 (relating to public notification),
and part C (relating to prevention of significant deterioration
of air quality and visibility protection);
(K) provide for -
(i) the performance of such air quality modeling as the
Administrator may prescribe for the purpose of predicting
the effect on ambient air quality of any emissions of any
air pollutant for which the Administrator has established a
national ambient air quality standard, and
(ii) the submission, upon request, of data related to such
air quality modeling to the Administrator;
(L) require the owner or operator of each major stationary
source to pay to the permitting authority, as a condition of any
permit required under this Act, a fee sufficient to cover -
(i) the reasonable costs of reviewing and acting upon any
application for such a permit, and
(ii) if the owner or operator receives a permit for such
source, the reasonable costs of implementing and enforcing
the terms and conditions of any such permit (not including
any court costs or other costs associated with any enforce-
ment action),
until such fee requirement is superseded with respect to such
sources by the Administrator's approval of a fee program under
title V; and
(M) provide for consultation and participation by local
political subdivisions affected by the plan.
(3) [(A)]

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(B) As soon as practicable, the Administrator shall, consistent
with the purposes of this Act and the Energy Supply and Environ-
mental Coordination Act of 1974, review each State's applicable
implementation plans and report to the State on whether such
plans can be revised in relation to fuel burning stationary
sources (or persons supplying fuel to such sources) without
interfering with the attainment and maintenance of any national
ambient air quality standard within the period permitted in this
section. If the Administrator determines that any such plan can
be revised, he shall notify the State that a plan revision may be
submitted by the State. Any plan revision which is submitted by
the State shall, after public notice and opportunity for public
hearing, be approved by the Administrator if the revision relates
only to fuel burning stationary sources (or persons supplying
fuel to such sources), and the plan as revised complies with
paragraph (2) of this subsection. The Administrator shall approve
or disapprove any revision no later than three months after its
submission.
(C) Neither the State, in the case of a plan (or portion
thereof) approved under this subsection, nor the Administrator,
in the case of a plan (or portion thereof) promulgated under
subsection (c), shall be required to revise an applicable
implementation plan because one or more exemptions under section
118 (relating to Federal facilities), enforcement orders under
section 113(d), suspensions under section 110 (f) or (g)
(relating to temporary energy or economic authority), orders
under section 119 (relating to primary nonferrous smelters), or
extensions of compliance in decrees entered under section 113(e)
(relating to iron- and steel-producing operations) have been
granted, if such plan would have met the requirements of this
section if no such exemptions, orders, or extensions had been
granted.
[(4)]
(5)(A)(i) Any State may include in a State implementation plan,
but the Administrator may not require as a condition of approval
of such plan under this section, any indirect source review
program. The Administrator may approve and enforce, as part of an
applicable implementation plan, an indirect source review program
which the State chooses to adopt and submit as part of its plan.
(ii) Except as provided in subparagraph (B), no plan
promulgated by the Administrator shall include any indirect
source review program for any air quality control region, or
portion thereof.
(iii) Any State may revise an applicable implementation plan
approved under section 110(a) to suspend or revoke any such
program included in such plan, provided that such plan meets the
requirements of this section.
(B) The Administrator shall have the authority to promulgate,
implement and enforce regulations under section 110(c) respecting
indirect source review programs which apply only to federally
assisted highways, airports, and other major federally assisted
indirect sources and federally owned or operated indirect
sources.
(C) For purposes of this paragraph, the term "indirect source"
means a facility, building, structure, installation, real

35





property, road, or highway which attracts, or may attract, mobile
sources of pollution. Such term includes parking lots, parking
garages, and other facilities subject to any measure for manage-
ment of parking supply (within the meaning of section
110(c)(2)(D)(ii)), including regulation of existing off-street
parking but such term does not include new or existing on-street
parking. Direct emissions sources or facilities at, within, or
associated with, any indirect source shall not be deemed indirect
sources for the purpose of this paragraph.
(D) For purposes of this paragraph the term "indirect source
review program" means the facility-by-facility review of indirect
sources of air pollution, including such measures as are
necessary to assure, or assist in assuring, that a new or
modified indirect source will not attract mobile sources of air
pollution, the emissions from which would cause or contribute to
air pollution concentrations -
(i) exceeding any national primary ambient air quality
standard for a mobile source-related air pollutant after the
primary standard attainment date, or
(ii) preventing maintenance of any such standard after
such date.
(E) For purposes of this paragraph and paragraph (2)(B), the
term "transportation control measure" does not include any
measure which is an "indirect source review program".
(6) No State plan shall be treated as meeting the requirements
of this section unless such plan provides that in the case of any
source which uses a supplemental, or intermittent control system
for purposes of meeting the requirements of an order under
section 113(d) or section 119 (relating to primary nonferrous
smelter orders), the owner or operator of such source may not
temporarily reduce the pay of any employee by reason of the use
of such supplemental or intermittent or other dispersion
dependent control system.
(b) The Administrator may, wherever he determines necessary,
extend the period for submission of any plan or portion thereof (continued)