Page:United States Statutes at Large Volume 104 Part 4.djvu/104

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104 STAT, 2420 PUBLIC LAW 101-549—NOV. 15, 1990 precursors to the pollutant throughout the transport region, assess strategies for mitigating the interstate pollution, and recommend to the Administrator such measures as the Commission determines to be necessary to ensure that the plans for the relevant States meet the requirements of section 110(a)(2)(D). Such commission shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). "(c) COMMISSION REQUESTS. — A transport commission established under subsection (b) may request the Administrator to issue a finding under section 110(k)(5) that the implementation plan for one or more of the States in the transport region is substantially inadequate to meet the requirements of section 110(a)(2)(D). The Administrator shall approve, disapprove, or partially approve and partially disapprove such a request within 18 months of its receipt and, to the extent the Administrator approves such request, issue the finding under section 110(k)(5) at the time of such approval. In acting on such request, the Administrator shall provide an opportunity for public participation and shall address each specific recommendation made by the commission. Approval or disapproval of such a request shall constitute final agency action within the meaning of section 3070)).". (2) AMENDMENTS CONFORMING TO TRANSPORT PROVISIONS.— Section 106 of the Clean Air Act (42 U.S.C. 7406) is amended as follows: (A) Insert "or of implementing section 176A (relating to control of interstate air pollution) or section 184 (relating to control of interstate ozone pollution)" immediately following "section 107". (B) Insert "any commission established under section 176A (relating to control of interstate air pollution) or section 184 (relating to control of interstate ozone pollution) or" immediately following "program costs of. (C) Insert "or such commission" in the last sentence immediately following "such agency". (D) Insert "or commission" at the end thereof, immediately before the period. (g) SANCTIONS.—After section 178 of the Clean Air Act (42 U.S.C. 7508) insert: 42 USC 7509. " SEC. 179. SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN. "(a) STATE FAILURE.—For any implementation plan or plan revision required under this part (or required in response to a finding of substantial inadequacy as described in section 110(k)(5)), if the Administrator— "(1) finds that a State has failed, for an area designated nonattainment under section 107(d), to submit a plan, or to submit 1 or more of the elements (as determined by the Administrator) required by the provisions of this Act applicable to such an area, or has failed to make a submission for such an area that satisfies the minimum criteria established in relation to any such element under section llO(k), "(2) disapproves a submission under section llO(k), for an area designated nonattainment under section 107, based on the submission's failure to meet one or more of the elements required by the provisions of this Act applicable to such an area, "(3)(A) determines that a State has failed to make any submission as may be required under this Act, other than one de-