Page:United States Statutes at Large Volume 104 Part 4.djvu/90

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


104 STAT. 2406 PUBLIC LAW 101-549—NOV. 15, 1990 "(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(not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V; and "(M) provide for consultation and participation by local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.'. (c) ADDITIONAL PROVISIONS.— Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended by adding the following at the end thereof: "(k) ENVIRONMENTAL PROTECTION AGENCY ACTION ON PLAN SUBMISSIONS. — " (1) COMPLETENESS OF PLAN SUBMISSIONS. — "(A) COMPLETENESS CRITERIA. —Within 9 months after the date of the enactment of the Clean Air Act Amendments of 1990, the Administrator shall promulgate minimum criteria that any plan submission must meet before the Administrator is required to act on such submission under this subsection. The criteria shall be limited to the information necessary to enable the Administrator to determine whether the plan submission complies with the provisions of this Act. "(B) COMPLETENESS FINDING. —Within 60 days of the Administrator's receipt of a plan or plan revision, but no later than 6 months after the date, if any, by which a State is required to submit the plan or revision, the Administrator shall determine whether the minimum criteria established pursuant to subparagraph (A) have been met. Any plan or plan revision that a State submits to the Administrator, and that has not been determined by the Administrator (by the date 6 months after receipt of the submission) to have failed to meet the minimum criteria established pursuant to subparagraph (A), shall on that date be deemed by operation of law to meet such minimum criteria. " (C) EFFECT OF FINDING OF INCOMPLETENESS. —Where the Administrator determines that a plan submission (or part thereof) does not meet the minimum criteria established pursuant to subparagraph (A), the State shall be treated as not having made the submission (or, in the Administrator's discretion, part thereof). "(2) DEADLINE FOR ACTION.—Within 12 months of a determination by the Administrator (or a determination deemed by operation of law) under paragraph (1) that a State has submitted a plan or plan revision (or, in the Administrator's discretion, part thereof) that meets the minimum criteria established pursuant to paragraph (1), if applicable (or, if those criteria are not applicable, within 12 months of submission of the plan or revision), the Administrator shall act on the submission in accordance with paragraph (3). " (3) FULL AND PARTIAL APPROVAL AND DISAPPROVAL. —In the case of any submittal on which the Administrator is required to act under paragraph (2), the Administrator shall approve such submittal as a whole if it meets all of the applicable requirements of this Act. If a portion of the plan revision meets all the applicable requirements of this Act, the Administrator may