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(continued)
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 section 182 (relating to plan
submissions and requirements for ozone nonattainment areas).
If the Administrator makes such finding, the provisions of
section 179 (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.
[42 U.S.C. 7511a]

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SEC. 183. FEDERAL OZONE MEASURES.
(a) Control Techniques Guidelines for VOC Sources.- Within 3
years after the date of the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall issue control
techniques guidelines, in accordance with section 108, for 11
categories of stationary sources of VOC emissions for which such
guidelines have not been issued as of such date of enactment, not
including the categories referred to in paragraphs (3) and (4) of
subsection (b) of this section. The Administrator may issue such
additional control techniques guidelines as the Administrator
deems necessary.
(b) Existing and New CTGS.- (1) Within 36 months after the date
of the enactment of the Clean Air Act Amendments of 1990, and
periodically thereafter, the Administrator shall review and, if
necessary, update control technique guidance issued under section
108 before the date of the enactment of the Clean Air Act
Amendments of 1990.
(2) In issuing the guidelines the Administrator shall give
priority to those categories which the Administrator considers to
make the most significant contribution to the formation of ozone
air pollution in ozone nonattainment areas, including hazardous
waste treatment, storage, and disposal facilities which are
permitted under subtitle C of the Solid Waste Disposal Act.
Thereafter the Administrator shall periodically review and, if
necessary, revise such guidelines.
(3) Within 3 years after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall issue control
techniques guidelines in accordance with section 108 to reduce
the aggregate emissions of volatile organic compounds into the
ambient air from aerospace coatings and solvents. Such control
techniques guidelines shall, at a minimum, be adequate to reduce
aggregate emissions of volatile organic compounds into the
ambient air from the application of such coatings and solvents to
such level as the Administrator determines may be achieved
through the adoption of best available control measures. Such
control technology guidance shall provide for such reductions in
such increments and on such schedules as the Administrator
determines to be reasonable, but in no event later than 10 years
after the final issuance of such control technology guidance. In
developing control technology guidance under this subsection, the
Administrator shall consult with the Secretary of Defense, the
Secretary of Transportation, and the Administrator of the
National Aeronautics and Space Administration with regard to the
establishment of specifications for such coatings. In evaluating
VOC reduction strategies, the guidance shall take into account
the applicable requirements of section 112 and the need to
protect stratospheric ozone.
(4) Within 3 years after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall issue control
techniques guidelines in accordance with section 108 to reduce
the aggregate emissions of volatile organic compounds and PM-10
into the ambient air from paints, coatings, and solvents used in
ship-building operations and ship repair. Such control techniques
gui-delines shall, at a minimum, be adequate to reduce aggregate


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emis-sions of volatile organic compounds and PM-10 into the
ambient air
from the removal or application of such paints, coatings, and
solvents to such level as the Administrator determines may be
achieved through the adoption of the best available control
measures. Such control techniques guidelines shall provide for
such reductions in such increments and on such schedules as the
Administrator determines to be reasonable, but in no event later
than 10 years after the final issuance of such control technology
guidance. In developing control techniques guidelines under this
subsection, the Administrator shall consult with the appropriate
Federal agencies.
(c) Alternative Control Techniques.- Within 3 years after the
date of the enactment of the Clean Air Act Amendments of 1990,
the Administrator shall issue technical documents which identify
alternative controls for all categories of stationary sources of
volatile organic compounds and oxides of nitrogen which emit, or
have the potential to emit 25 tons per year or more of such air
pollutant. The Administrator shall revise and update such
documents as the Administrator determines necessary.
(d) Guidance for Evaluating Cost-Effectiveness.- Within 1 year
after the date of the enactment of the Clean Air Act Amendments
of 1990, the Administrator shall provide guidance to the States
to be used in evaluating the relative cost-effectiveness of
various options for the control of emissions from existing
stationary sources of air pollutants which contribute to
nonattainment of the national ambient air quality standards for
ozone.
(e) Control of Emissions From Certain Sources.-
(1) Definitions.- For purposes of this subsection-
(A) Best available controls.- The term "best avail-
able controls" means the degree of emissions reduction
that the Administrator determines, on the basis of
technological and economic feasibility, health,
environmental, and energy impacts, is achievable
through the application of the most effective equip-
ment, measures, processes, methods, systems or
techniques, including chemical reformulation, product
or feedstock substitution, repackaging, and directions
for use, consumption, storage, or disposal.
(B) Consumer or commercial product.- The term "con-
sumer or commercial product" means any substance, pro-
duct (including paints, coatings, and solvents), or
article (including any container or packaging) held by
any person, the use, consumption, storage, disposal,
destruction, or decomposition of which may result in
the release of volatile organic compounds. The term
does not include fuels or fuel additives regulated
under section 211, or motor vehicles, non-road
vehicles, and non-road engines as defined under section
216.
(C) Regulated entities.- The term "regulated enti-
ties" means-
(i) manufacturers, processors, wholesale distribu-
tors, or importers of consumer or commercial products

190


for sale or distribution in interstate commerce in
the United States; or
(ii) manufacturers, processors, wholesale
distributors, or importers that supply the entities
listed under clause (i) with such products for sale
or distribution in interstate commerce in the United
States.
(2) Study and report.-
(A) Study.- The Administrator shall conduct a study of
the emissions of volatile organic compounds into the
ambient air from consumer and commercial products (or any
combination thereof) in order to-
(i) determine their potential to contribute to
ozone levels which violate the national ambient air
quality standard for ozone; and
(ii) establish criteria for regulating consumer
and commercial products or classes or categories
thereof which shall be subject to control under this
subsection.
The study shall be completed and a report submitted to
Congress not later than 3 years after the date of the
enactment of the Clean Air Act Amendments of 1990.
(B) Consideration of certain factors.- In establishing
the criteria under subparagraph (A)(ii), the Administrator
shall take into consideration each of the following:
(i) The uses, benefits, and commercial demand of
consumer and commercial products.
(ii) The health or safety functions (if any)
served by such consumer and commercial products.
(iii) Those consumer and commercial products which
emit highly reactive volatile organic compounds into
the ambient air.
(iv) Those consumer and commercial products which
are subject to the most cost-effective controls.
(v) The availability of alternatives (if any) to
such consumer and commercial products which are of
comparable costs, considering health, safety, and
environmental impacts.
(3) Regulations to require emission reductions.-
(A) In general.- Upon submission of the final report
under paragraph (2), the Administrator shall list those
categories of consumer or commercial products that the
Administrator determines, based on the study, account
for at least 80 percent of the VOC emissions, on a
reactivity-adjusted basis, from consumer or commercial
products in areas that violate the NAAQS for ozone.
Credit toward the 80 percent emissions calculation
shall be given for emission reductions from consumer or
commercial products made after the date of enactment of
this section. At such time, the Administrator shall
divide the list into 4 groups establishing priorities
for regulation based on the criteria established in
paragraph (2). Every 2 years after promulgating such
list, the Administrator shall regulate one group of
categories until all 4 groups are regulated. The
regulations shall require best available controls as
de-fined in this section. Such regulations may exempt
health use products for which the Administrator deter-

191


mines there is no suitable substitute. In order to
carry out this section, the Administrator may, by
regulation, control or prohibit any activity, including
the manufacture or introduction into commerce, offering
for sale, or sale of any consumer or commercial product
which results in emission of volatile organic compounds
into the ambient air.
(B) Regulated entities.- Regulations under this
subsection may be imposed only with respect to
regulated entities.
(C) Use of CTGS.- For any consumer or commercial
product the Administrator may issue control techniques
guidelines under this Act in lieu of regulations
required under subparagraph (A) if the Administrator
determines that such guidance will be substantially as
effective as regulations in reducing emissions of
volatile organic compounds which contribute to ozone
levels in areas which violate the national ambient air
quality standard for ozone.
(4) Systems of regulation.- The regulations under this
subsection may include any system or systems of regulation
as the Administrator may deem appropriate, including
requirements for registration and labeling, self-monitoring
and reporting, prohibitions, limitations, or economic
incentives (including marketable permits and auctions of
emissions rights) concerning the manufacture, processing,
distribution, use, consumption, or disposal of the product.
(5) Special fund.- Any amounts collected by the Adminis-
trator under such regulations shall be deposited in a
special fund in the United States Treasury for licensing and
other services, which thereafter shall be available until
expended, subject to annual appropriation Acts, solely to
carry out the activities of the Administrator for which such
fees, charges, or collections are established or made.
(6) Enforcement.- Any regulation established under this
subsection shall be treated, for purposes of enforcement of
this Act, as a standard under section 111 and any violation
of such regulation shall be treated as a violation of a
requirement of section 111(e).
(7) State administration.- Each State may develop and
submit to the Administrator a procedure under State law for
implementing and enforcing regulations promulgated under
this subsection. If the Administrator finds the State
procedure is adequate, the Administrator shall approve such
procedure. Nothing in this paragraph shall prohibit the
Administrator from enforcing any applicable regulations
under this subsection.
(8) Size, etc.- No regulations regarding the size, shape,
or labeling of a product may be promulgated, unless the
Administrator determines such regulations to be useful in
meeting any national ambient air quality standard.
(9) State consultation.- Any State which proposes regula-
tions other than those adopted under this subsection shall
consult with the Administrator regarding whether any other
State or local subdivision has promulgated or is promulgat-
ing regulations on any products covered under this part. The
Administrator shall establish a clearinghouse of
information, studies, and regulations proposed and

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promulgated regarding products covered under this subsection
and disseminate such information collected as requested by
State or local subdivisions.
(f) Tank Vessel Standards.-
(1) Schedule for standards.- (A) Within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, the Administrator, in consultation with the Secretary
of the Department in which the Coast Guard is operating,
shall promulgate standards applicable to the emission of
VOCs and any other air pollutant from loading and unloading
of tank vessels (as that term is defined in section 2101 of
title 46 of the United States Code) which the Administrator
finds causes, or contributes to, air pollution that may be
reasonably anticipated to endanger public health or welfare.
Such standards shall require the application of reasonably
available control technology, considering costs, any nonair-
quality benefits, environmental impacts, energy requirements
and safety factors associated with alternative control
techniques. To the extent practicable such standards shall
apply to loading and unloading facilities and not to tank
vessels.
(B) Any regulation prescribed under this subsection (and
any revision thereof) shall take effect after such period as
the Administrator finds (after consultation with the Secre-
tary of the department in which the Coast Guard is
operating) necessary to permit the development and
application of the requisite technology, giving appropriate
consideration to the cost of compliance within such period,
except that the effective date shall not be more than 2
years after promulgation of such regulations.
(2) Regulations on equipment safety.- Within 6 months
after the date of the enactment of the Clean Air Act Amend-
ments of 1990, the Secretary of the Department in which the
Coast Guard is operating shall issue regulations to ensure
the safety of the equipment and operations which are to
control emissions from the loading and unloading of tank
vessels, under section 3703 of title 46 of the United States
Code and section 6 of the Ports and Waterways Safety Act (33
U.S.C. 1225). The standards promulgated by the Administrator
under paragraph (1) and the regulations issued by a State or
political subdivision regarding emissions from the loading
and unloading of tank vessels shall be consistent with the
regulations regarding safety of the Department in which the
Coast Guard is operating.
(3) Agency authority.- (A) The Administrator shall ensure
compliance with the tank vessel emission standards
prescribed under paragraph (1)(A). The Secretary of the
Department in which the Coast Guard is operating shall also
ensure compliance with the tank vessel standards prescribed
under paragraph (1)(A).
(B) The Secretary of the Department in which the Coast
Guard is operating shall ensure compliance with the regula-
tions issued under paragraph (2).
(4) State or local standards.- After the Administrator
promulgates standards under this section, no State or

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political subdivision thereof may adopt or attempt to
enforce any standard respecting emissions from tank vessels
subject to regulation under paragraph (1) unless such
standard is no less stringent than the standards promulgated
under paragraph (1).
(5) Enforcement.- Any standard established under paragraph
(1)(A) shall be treated, for purposes of enforcement of this
Act, as a standard under section 111 and any violation of
such standard shall be treated as a violation of a require-
ment of section 111(e).
(g) Ozone Design Value Study.- The Administrator shall conduct
a study of whether the methodology in use by the Environmental
Protection Agency as of the date of the enactment of the Clean
Air Act Amendments of 1990 for establishing a design value for
ozone provides a reasonable indicator of the ozone air quality of
ozone nonattainment areas. The Administrator shall obtain input
from States, local subdivisions thereof, and others. The study
shall be completed and a report submitted to Congress not later
than 3 years after the date of the enactment of the Clean Air Act
Amendments of 1990. The results ofthe study shall be subject to
peer and public review before submitting it to Congress.
[42 U.S.C. 7511b]
SEC. 184. CONTROL OF INTERSTATE OZONE AIR POLLUTION.
(a) Ozone Transport Regions.- A single transport region for
ozone (within the meaning of section 176A(a)), comprised of the
States of Connecticut, Delaware, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
Vermont, and the Consolidated Metropolitan Statistical Area that
includes the District of Columbia, is hereby established by
operation of law. The provisions of section 176A(a) (1) and (2)
shall apply with respect to the transport region established
under this section and any other transport region established for
ozone, except to the extent inconsistent with the provisions of
this section. The Administrator shall convene the commission
required (under section 176A(b)) as a result of the establishment
of such region within 6 months of the date of the enactment of
the Clean Air Act Amendments of 1990.
(b) Plan Provisions for States in Ozone Transport Regions.- (1)
In accordance with section 110, not later than 2 years after the
date of the enactment of the Clean Air Act Amendments of 1990 (or
9 months after the subsequent inclusion of a State in a transport
region established for ozone), each State included within a
transport region established for ozone shall submit a State
implementation plan or revision thereof to the Administrator
which requires the following-
(A) that each area in such State that is in an ozone
trans-port region, and that is a metropolitan statistical
area or part thereof with a population of 100,000 or more
comply with
the provisions of section 182(c)(2)(A) (pertaining to
enhanced vehicle inspection and maintenance programs); and
(B) implementation of reasonably available control
technology with respect to all sources of volatile organic
compounds in the State covered by a control techniques


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guideline issued before or after the date of the enactment
of the Clean Air Act Amendments of 1990.
(2) Within 3 years after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall complete a
study identifying control measures capable of achieving emission
reductions comparable to those achievable through vehicle
refueling controls contained in section 182(b)(3), and such
measures or such vehicle refueling controls shall be implemented
in accordance with the provisions of this section.
Notwithstanding other deadlines in this section, the applicable
implementation plan shall be revised to reflect such measures
within 1 year of completion of the study. For purposes of this
section any stationary source that emits or has the potential to
emit at least 50 tons per year of volatile organic compounds
shall be considered a major stationary source and subject to the
requirements which would be applicable to major stationary
sources if the area were classified as a Moderate nonattainment
area.
(c) Additional Control Measures.-
(1) Recommendations.- Upon petition of any State within a
transport region established for ozone, and based on a
majority vote of the Governors on the Commission (or their
designees), the Commission may, after notice and opportunity
for public comment, develop recommendations for additional
control measures to be applied within all or a part of such
transport region if the commission determines such measures
are necessary to bring any area in such region into attain-
ment by the dates provided by this subpart. The commission
shall transmit such recommendations to the Administrator.
(2) Notice and review.- Whenever the Administrator
receives recommendations prepared by a commission pursuant
to paragraph (1) (the date of receipt of which shall
hereinafter in this section be referred to as the "receipt
date"), the Administrator shall-
(A) immediately publish in the Federal Register a
notice stating that the recommendations are available
and provide an opportunity for public hearing within 90
days beginning on the receipt date; and
(B) commence a review of the recommendations to
determine whether the control measures in the
recommendations are necessary to bring any area in such
region into attainment by the dates provided by this
subpart and are otherwise consistent with this Act.
(3) Consultation.- In undertaking the review required
under paragraph (2)(B), the Administrator shall consult with
members of the commission of the affected States and shall
take into account the data, views, and comments received
pursuant to paragraph (2)(A).
(4) Approval and disapproval.- Within 9 months after the
receipt date, the Administrator shall (A) determine whether
to approve, disapprove, or partially disapprove and
partially approve the recommendations; (B) notify the
commission in writing of such approval, disapproval, or
partial disapproval; and (C) publish such determination in
the Federal Register. If the Administrator disapproves or

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partially disapproves the recommendations, the Administrator
shall specify-
(i) why any disapproved additional control measures
are not necessary to bring any area in such region into
attainment by the dates provided by this subpart or are
otherwise not consistent with the Act; and
(ii) recommendations concerning equal or more effec-
tive actions that could be taken by the commission to
conform the disapproved portion of the recommendations
to the requirements of this section.
(5) Finding.- Upon approval or partial approval of recom-
mendations submitted by a commission, the Administrator
shall issue to each State which is included in the transport
region and to which a requirement of the approved plan
applies, a finding under section 110(k)(5) that the
implementation plan for such State is inadequate to meet the
requirements of section 110(a)(2)(D). Such finding shall
require each such State to revise its implementation plan to
include the approved additional control measures within one
year after the finding is issued.
(d) Best Available Air Quality Monitoring and Modeling.- For
purposes of this section, not later than 6 months after the date
of the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate criteria for purposes of determin-
ing the contribution of sources in one area to concentrations of
ozone in another area which is a nonattainment area for ozone.
Such criteria shall require that the best available air quality
monitoring and modeling techniques be used for purposes of making
such determinations.
[42 U.S.C. 7511c]
SEC. 185. ENFORCEMENT FOR SEVERE AND EXTREME OZONE NONATTAINMENT
AREAS FOR FAILURE TO ATTAIN.
(a) General Rule.- Each implementation plan revision required
under section 182 (d) and (e) (relating to the attainment plan
for Severe and Extreme ozone nonattainment areas) shall provide
that, if the area to which such plan revision applies has failed
to attain the national primary ambient air quality standard for
ozone by the applicable attainment date, each major stationary
source of VOCs located in the area shall, except as otherwise
provided under subsection (c), pay a fee to the State as a
penalty for such failure, computed in accordance with subsection
(b), for each calendar year beginning after the attainment date,
until the area is redesignated as an attainment area for ozone.
Each such plan revision should include procedures for assessment
and collection of such fees.
(b) Computation of Fee.-
(1) Fee amount.- The fee shall equal $5,000, adjusted in
accordance with paragraph (3), per ton of VOC emitted by the
source during the calendar year in excess of 80 percent of
the baseline amount, computed under paragraph (2).
(2) Baseline amount.- For purposes of this section, the
baseline amount shall be computed, in accordance with such
guidance as the Administrator may provide, as the lower of
the amount of actual VOC emissions ("actuals") or VOC
emissions allowed under the permit applicable to the source

196





(or, if no such permit has been issued for the attainment
year, the amount of VOC emissions allowed under the applica-
ble implementation plan ("allowables")) during the
attainment year. Notwithstanding the preceding sentence, the
Administrator may issue guidance authorizing the baseline
amount to be determined in accordance with the lower of
average actuals or average allowables, determined over a
period of more than one calendar year. Such guidance may
provide that such average calculation for a specific source
may be used if that source's emissions are irregular,
cyclical, or otherwise vary significantly from year to year.
(3) Annual adjustment.- The fee amount under paragraph (1)
shall be adjusted annually, beginning in the year beginning
after the year of enactment, in accordance with section
502(b)(3)(B)(v) (relating to inflation adjustment).
(c) Exception.- Notwithstanding any provision of this section,
no source shall be required to pay any fee under subsection (a)
with respect to emissions during any year that is treated as an
Extension Year under section 181(a)(5).
(d) Fee Collection by the Administrator.- If the Administrator
has found that the fee provisions of the implementation plan do
not meet the requirements of this section, or if the
Administrator makes a finding that the State is not administering
and enforcing the fee required under this section, the
Administrator shall, in addition to any other action authorized
under this title, collect, in accordance with procedures
promulgated by the Administrator, the unpaid fees required under
subsection (a). If the Administrator makes such a finding under
section 179(a)(4), the Administrator may collect fees for periods
before the determination, plus interest computed in accordance
with section 6621(a)(2) of the Internal Revenue Code of 1986
(relating to computation of interest on underpayment of Federal
taxes), to the extent the Administrator finds such fees have not
been paid to the State. The provisions of clauses (ii) through
(iii) of section 502(b)(3)(C) (relating to penalties and use of
the funds, respectively) shall apply with respect to fees
collected under this subsection.
(e) Exemptions for Certain Small Areas.- For areas with a total
population under 200,000 which fail to attain the standard by the
applicable attainment date, no sanction under this section or
under any other provision of this Act shall apply if the area can
demonstrate, consistent with guidance issued by the
Administrator, that attainment in the area is prevented because
of ozone or ozone precursors transported from other areas. The
prohibition applies only in cases in which the area has met all
requirements and implemented all measures applicable to the area
under this Act.
[42 U.S.C. 7511d]
SEC. 185A. TRANSITIONAL AREAS.
If an area designated as an ozone nonattainment area as of the
date of enactment of the Clean Air Act Amendments of 1990 has not
violated the national primary ambient air quality standard for
ozone for the 36-month period commencing on January 1, 1987, and
ending on December 31, 1989, the Administrator shall suspend the
application of the requirements of this subpart to such area

197





until December 31, 1991. By June 30, 1992, the Administrator
shall determine by order, based on the area's design value as of
the attainment date, whether the area attained such standard by
December 31, 1991. If the Administrator determines that the area
attained the standard,the Administrator shall require, as part of
the order, the State to submit a maintenance plan for the area
within 12 months of such determination. If the Administrator
determines that the area failed to attain the standard, the
Administrator shall, by June 30, 1992, designate the area as
nonattainment under section 107(d)(4).
[42 U.S.C. 7511e]
SEC. 185B. NOx AND VOC STUDY.
The Administrator, in conjunction with the National Academy of
Sciences, shall conduct a study on the role of ozone precursors
in tropospheric ozone formation and control. The study shall
examine the roles of NOx and VOC emission reductions, the extent
to which NOx reductions may contribute (or be counterproductive)
to achievement of attainment in different nonattainment areas,
the sensitivity of ozone to the control of NOx , the availability
and extent of controls for NOx , the role of biogenic VOC
emissions, and the basic information required for air quality
models. The study shall be completed and a proposed report made
public for 30 days comment within 1 year of the date of the
enactment of the Clean Air Act Amendments of 1990, and a final
report shall be submitted to Congress within 15 months after such
date of enactment. The Administrator shall utilize all available
information and studies, as well as develop additional
information, in conducting the study required by this section.
[42 U.S.C. 7511f]
SUBPART 3 - ADDITIONAL PROVISIONS FOR CARBON MONOXIDE
NONATTAINMENT AREAS

Sec. 186. Classifications and attainment dates.
Sec. 187. Plan submissions and requirements.

SEC. 186. CLASSIFICATION AND ATTAINMENT DATES.
(a) Classification by Operation of Law and Attainment Dates for
Nonattainment Areas.- (1) Each area designated nonattainment for
carbon monoxide pursuant to section 107(d) shall be classified at
the time of such designation under table 1, by operation of law,
as a Moderate Area or a Serious Area based on the design value
for the area. The design value shall be calculated according to
the interpretation methodology issued by the Administrator most
recently before the date of the enactment of the Clean Air Act
Amendments of 1990. For each area classified under this subsec-
tion, the primary standard attainment date for carbon monoxide
shall be as expeditiously as practicable but not later than the
date provided in table 1:
TABLE 3
Area classification Design value Primary standard
attainment date

Moderate . . . . . 9.1 - 16.4 ppm . . December 31, 1995
Serious . . . . . . 16.5 and above . . December 31, 2000


198





(2) At the time of publication of the notice required under
section 107 (designating carbon monoxide nonattainment areas),
the Administrator shall publish a notice announcing the
classification of each such carbon monoxide nonattainment area.
The provisions of section 172(a)(1)(B) (relating to lack of
notice-and-comment and judicial review) shall apply with respect
to such classification.
(3) If an area classified under paragraph (1), table 1, would
have been classified in another category if the design value in
the area were 5 percent greater or 5 percent less than the level
on which such classification was based, the Administrator may, in
the Administrator's discretion, within 90 days after the date of
the enactment of the Clean Air Act Amendments of 1990 by the
procedure required under paragraph (2), adjust the classification
of the area. In making such adjustment, the Administrator may
consider the number of exceedances of the national primary
ambient air quality standard for carbon monoxide in the area, the
level of pollution transport between the area and the other
affected areas, and the mix of sources and air pollutants in the
area. The Administrator may make the same adjustment for purposes
of paragraphs (2), (3), (6), and (7) of section 187(a).
(4) Upon application by any State, the Administrator may extend
for 1 additional year (hereinafter in this subpart referred to as
the "Extension Year") the date specified in table 1 of subsection
(a) if-
(A) the State has complied with all requirements and
commitments pertaining to the area in the applicable imple-
mentation plan, and
(B) no more than one exceedance of the national ambient
air quality standard level for carbon monoxide has occurred
in the area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
(b) New Designations and Reclassifications.-
(1) New designations to nonattainment.- Any area that is
designated attainment or unclassifiable for carbon monoxide
under section 107(d)(4), and that is subsequently
redesignated to nonattainment for carbon monoxide under
section 107(d)(3), shall, at the time of the redesignation,
be classified by operation of law in accordance with table 1
under subsections (a)(1) and (a)(4). Upon its
classification, the area shall be subject to the same
requirements under section 110, subpart 1 of this part, and
this subpart that would have applied had the area been so
classified at the time of the notice under subsection
(a)(2), except that any
absolute, fixed date applicable in connection with any such
requirement is extended by operation of law by a period
equal to the length of time between the date of the enact-
ment of the Clean Air Act Amendments of 1990 and the date
the area is classified.
(2) Reclassification of moderate areas upon failure to
attain.-
(A) General rule.- Within 6 months following the
applicable attainment date for a carbon monoxide nonat-

199





tainment area, the Administrator shall determine, based
on the area's design value as of the attainment date,
whether the area has attained the standard by that
date. Any Moderate Area that the Administrator finds
has not attained the standard by that date shall be
reclassified by operation of law in accordance with
table 1 of subsection (a)(1) as a Serious Area.
(B) Publication of notice.- The Administrator shall
publish a notice in the Federal Register, no later than
6 months following the attainment date, identifying
each area that the Administrator has determined, under
subparagraph (A), as having failed to attain and
identifying the reclassification, if any, described
under subparagraph (A).
(c) References to Terms.- Any reference in this subpart to a
"Moderate Area" or a "Serious Area" shall be considered a
reference to a Moderate Area or a Serious Area, respectively, as
classified under this section.
[42 U.S.C. 7512]
SEC. 187. PLAN SUBMISSIONS AND REQUIREMENTS.
(a) Moderate Areas.- Each State in which all or part of a
Moderate Area is located shall, with respect to the Moderate Area
(or portion thereof, to the extent specified in guidance of the
Administrator issued before the date of the enactment of the
Clean Air Act Amendments of 1990), submit to the Administrator
the State implementation plan revisions (including the plan
items) described under this subsection, within such periods as
are prescribed under this subsection, except to the extent the
State has made such submissions as of such date of enactment:
(1) Inventory.- No later than 2 years from the date of the
enactment of the Clean Air Act Amendments of 1990, the State
shall submit a comprehensive, accurate, current inventory of
actual emissions from all sources, as described in section
172(c)(3), in accordance with guidance provided by the
Administrator.
(2)(A) Vehicle miles traveled.- No later than 2 years
after the date of the enactment of the Clean Air Act Amend-
ments of 1990, for areas with a design value above 12.7 ppm
at the time of classification, the plan revision
shallcontain a forecast of vehicle miles traveled in the
nonattainment area concerned for each year before the year
in which the plan projects the national ambient air quality
standard for carbon monoxide to be attained in the area. The
forecast shall be based on guidance which shall be published
by the Administrator, in consultation with the Secretary of
Trans-
portation, within 6 months after the date of the enactment
of the Clean Air Act Amendments of 1990. The plan revision
shall provide for annual updates of theforecasts to be
submitted to the Administrator together with annual reports
regarding the extent to which such forecasts proved to be
accurate. Such annual reports shall contain estimates of
actual vehicle miles traveled in each year for which a
forecast was required.


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(B) Special rule for denver.- Within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, in the case of Denver, the State shall submit a
revision that includes the transportation control measures
as required in section 182(d)(1)(A) except that such
revision shall be for the purpose of reducing CO emissions
rather than volatile organic compound emissions. If the
State fails to include any such measure, the implementation
plan shall contain an explanation of why such measure was
not adopted and what emissions reduction measure was adopted
to provide a comparable reduction in emissions, or reasons
why such reduction is not necessary to attain the national
primary ambient air quality standard for carbon monoxide.
(3) Contingency provisions.- No later than 2 years after
the date of the enactment of the Clean Air Act Amendments of
1990, for areas with a design value above 12.7 ppm at the
time of classification, the plan revision shallprovide for
the implementation of specific measures to be undertaken if
any estimate of vehicle miles traveled in the area which is
submitted in an annual report under paragraph (2) exceeds
the number predicted in the most recent prior forecast or if
the area fails to attain the national primary ambient air
quality standard for carbon monoxide by the primary standard
attainment date. Such measures shall be included in the plan
revision as contingency measures to take effect without
further action by the State or the Administrator if the
prior forecast has been exceeded by an updated forecast or
if the national standard is not attained by such deadline.
(4) Savings clause for vehicle inspection and maintenance
provisions of the state implementation plan.- Immediately
after the date of the enactment of the Clean Air Act Amend-
ments of 1990, for any Moderate Area (or, within the
Administrator's discretion, portion thereof), the plan for
which is of the type described in section 182(a)(2)(B) any
provisions necessary to ensure that the applicable
implementation plan includes the vehicle inspection and
maintenance program described in section 182(a)(2)(B).
(5) Periodic inventory.- No later than September 30, 1995,
and no later than the end of each 3 year period thereafter,
until the area is redesignated to attainment, a revised
inventory meeting the requirements of subsection (a)(1).
(6) Enhanced vehicle inspection and maintenance.- No later
than 2 years after the date of the enactment of the Clean
Air Act Amendments of 1990 in the case of Moderate Areas
with a design value greater than 12.7 ppm at the timeof
classifica-
tion, a revision that includes provisions for an enhanced
vehicle inspection and maintenance program as required in
section 182(c)(3) (concerning serious ozone nonattainment
areas), except that such program shall be for the purpose of
reducing carbon monoxide rather than hydrocarbon emissions.
(7) Attainment demonstration and specific annual emission
reductions.- In the case of Moderate Areas with a design
value greater than 12.7 ppm at thetime of classification, no
later than 2 years after the date of the enactment of the

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Clean Air Act Amendments of 1990, a revision to provide, and
a demonstration that the plan as revised will provide, for
attainment of the carbon monoxide NAAQS by the applicable
attainment date and provisions for such specific annual
emission reductions as are necessary to attain the standard
by that date.
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. In the case of
Moderate Areas with a design value of 12.7 ppm or lower at the
time of classification, the requirements of thissubsection shall
apply in lieu of any requirement that the State submit a demon-
stration that the applicable implementation plan provides for
attainment of the carbon monoxide standard by the applicable
attainment date.
(b) Serious Areas.-
(1) In general.- Each State in which all or part of a
Serious Area is located shall, with respect to the Serious
Area, make the submissions (other than those required under
subsection (a)(1)(B)) applicable under subsection (a) to
Moderate Areas with a design value of 12.7 ppm or greater at
the timeof classification, and shall also submit the
revision and other items described under this subsection.
(2) Vehicle miles traveled.- Within 2 years after the date
of the enactment of the Clean Air Act Amendments of 1990 the
State shall submit a revision that includes the transporta-
tion control measures as required in section 182(d)(1)
except that such revision shall be for the purpose of
reducing CO emissions rather than volatile organic compound
emissions. In the case of any such area (other than an area
in New York State) which is a covered area (as defined in
section 246(a)(2)(B)) for purposes of the Clean Fuel Fleet
program under part C of title II, if the State fails to
include any such measure, the implementation plan shall
contain an explanation of why such measure was not adopted
and what emissions reduction measure was adopted to provide
a comparable reduction in emissions, or reasons why such
reduction is not necessary to attain the national primary
ambient air quality standard for carbon monoxide.
(3) Oxygenated gasoline.- (A) Within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, the State shall submit a revision to require that
gasoline sold, supplied, offered for sale or supply, dis-
pensed, transported or introduced into commerce in the
larger of-
(i) the Consolidated Metropolitan Statistical Area
(as defined by the United States Office of Management
and Budget) (CMSA) in which the area is located, or
(ii) if the area is not located in a CMSA, the
Metropolitan Statistical Area (as defined by the United
States Office of Management and Budget) in which the
area is located,
be blended, during the portion of the year in which the area
is prone to high ambient concentrations of carbon monoxide
(as determined by the Administrator), with fuels containing

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such level of oxygen as is necessary, in combination with
other measures, to provide for attainment of the carbon
monoxide national ambient air quality standard by the
applicable attainment date and maintenance of the national
ambient air quality standard thereafter in the area. The
revision shall provide that such requirement shall take
effect no later than October 1, 1993, and shall include a
program for implementation and enforcement of the
requirement consistent with guidance to be issued by the
Administrator.
(B) Notwithstanding subparagraph (A), the revision de-
scribed in this paragraph shall not be required for an area
if the State demonstrates to the satisfaction of the
Administrator that the revision is not necessary to provide
for attainment of the carbon monoxide national ambient air
quality standard by the applicable attainment date and
maintenance of the national ambient air quality standard
thereafter in the area.
(c) Areas With Significant Stationary Source Emissions of CO.-
(1) Serious areas.- In the case of Serious Areas in which
stationary sources contribute significantly to carbon
monoxide levels (as determined under rules issued by the
Administrator),the State shall submit a plan revision (continued)