Page:United States Statutes at Large Volume 104 Part 4.djvu/97

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publication. PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2413 that the Administrator believes may be necessary to provide for attainment of such standard in such area. "(B) The Administrator shall publish a notice in the Federal ^?^^ Register announcing each classification under subparagraph ^hifHr (A), except the Administrator shall provide an opportunity for at least 30 days for written comment. Such classification shall not be subject to the provisions of sections 553 through 557 of title 5 of the United States Code (concerning notice and comment) and shall not be subject to judicial review until the Administrator takes final action under subsection (k) or (1) of section 110 (concerning action on plan submissions) or section 179 (concerning sanctions) with respect to any plan submissions required by virtue of such classification. "(C) This paragraph shall not apply with respect to nonattainment areas for which classifications are specifically provided under other provisions of this part. "(2) ATTAINMENT DATES FOR NONATTAINMENT AREAS. —(A) The attainment date for an area designated nonattainment with respect to a national primary ambient air quality standard shall be the date by which attainment can be achieved as expeditiously as practicable, but no later than 5 years from the date such area was designated nonattainment under section 107(d), except that the Administrator may extend the attainment date to the extent the Administrator determines appropriate, for a period no greater than 10 years from the date of designation as nonattainment, considering the severity of nonattainment and the availability and feasibility of pollution control measures. "(B) The attainment date for an area designated nonattainment with respect to a secondary national ambient air quality standard shall be the date by which attainment can be achieved as expeditiously as practicable after the date such area was designated nonattainment under section 107(d). "(C) Upon application by any State, the Administrator may extend for 1 additional year (hereinafter referred to as the 'Extension Year') the attainment date determined by the Administrator under subparagraph (A) or (B) if— "(i) the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan, and "(ii) in accordance with guidance published by the Administrator, no more than a minimal number of exceedances of the relevant national ambient air quality standard has occurred in the area in the year preceding the Extension Year. No more than 2 one-year extensions may be issued under this subparagraph for a single nonattainment area. "(D) This paragraph shall not apply with respect to nonattainment areas for which attainment dates are specifically provided under other provisions of this part. "(b) SCHEDULE FOR PLAN SUBMISSIONS.— At the time the Administrator promulgates the designation of an area as nonattainment with respect to a national ambient air quality standard under section 107(d), the Administrator shall establish a schedule according to which the State containing such area shall submit a plan or plan revision (including the plan items) meeting the applicable requirements of subsection (c) and section 110(a)(2). Such schedule shall at a minimum, include a date or dates, extending no later than 39-194O-91-4:QL3Part4