Page:United States Statutes at Large Volume 104 Part 4.djvu/142

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

104 STAT. 2458 PUBLIC LAW 101-549—NOV. 15, 1990 State may 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 187 (relating to plan submissions for carbon monoxide nonattainment areas). If the Administrator makes such finding, in the portion of the nonattainment area within the State submitting such petition, no sanction shall be imposed under section 179 or under any other provision of this Act, by reason of the failure to make such demonstration. "(f) RECLASSIFIED AREAS.—Each State containing a carbon monoxide nonattainment area reclassified under section 186(b)(2) shall meet the requirements of subsection (b) of this section, as may be applicable to the area as reclassified, according to the schedules prescribed in connection with such requirement, except that the Administrator may adjust any applicable deadlines (other than the attainment date) where such deadlines are shown to be infeasible. "(g) FAILURE OF SERIOUS AREA TO ATTAIN STANDARD. —If the Administrator determines under section 186(b)(2) that the national primary ambient air quality standard for carbon monoxide has not been attained in a Serious Area by the applicable attainment date, the State shall submit a plan revision for the area within 9 months after the date of such determination. The plan revision shall provide that a program of incentives and requirements as described in section 182(g)(4) shall be applicable in the area, and such program, in combination with other elements of the revised plsin, shall be adequate to reduce the total tonnage of emissions of carbon monoxide in the area by at least 5 percent per year in each year after approval of the plan revision and before attainment of the national primary ambient air quality standard for carbon monoxide.". SEC. 105. ADDITIONAL PROVISIONS FOR PARTICULATE MATTER (PM-10) NONATTAINMENT AREAS. (a) PM-10 NONATTAINMENT AREAS. —Part D of title I of the Clean Air Act is amended by adding the following new subpart after subpart 3: Subpart 4—Additional Provisions for Particulate Matter Nonattainment Areas "Sec. 188. Classifications and attainment dates. "Sec. 189. Plan provisions and schedules for plan submissions. "Sec. 190. Issuance of guidance. 42 USC 7513. "SEC. 188. CLASSIFICATIONS AND ATTAINMENT DATES. "(a) INITIAL CLASSIFICATIONS. — Every area designated nonattainment for PM-10 pursuant to section 107(d) shall be classified at the time of such designation, by operation of law, as a moderate PM-10 nonattainment area (also referred to in this subpart as a 'Moderate Area') at the time of such designation. At the time of publication of the notice under section 107(d)(4) (relating to area designations) for each PM-10 nonattainment area, the Administrator shall publish a notice announcing the classification of such 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. "(b) RECLASSIFICATION AS SERIOUS.—