Page:United States Statutes at Large Volume 104 Part 4.djvu/86

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104 STAT. 2402 PUBLIC LAW 101-549—NOV. 15, 1990 "(i) the Administrator determines that the area has attained the national ambient air quality standard; "(ii) the Administrator has fully approved the applicable implementation plan for the area under section llO(k); "(iii) the Administrator determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable implementation plan and applicable Federal air pollutant control regulations and other permanent and enforceable reductions; "(iv) the Administrator has fully approved a maintenance plan for the area as meeting the requirements of section 175A;and "(v) the State containing such area has met all requirements applicable to the area under section 110 and part D. "(F) The Administrator shall not promulgate any redesignation of any area (or portion thereof) from nonattainment to unclassifiable. "(4) NONATTAINMENT DESIGNATIONS FOR OZONE, CARBON MON- OXIDE AND PARTICULATE MATTER (PM-10).— "(A) OZONE AND CARBON MONOXIDE. —(i) Within 120 days after the date of the enactment of the Clean Air Act Amendments of 1990, each Governor of each State shall submit to the Administrator a list that designates, affirms or reaffirms the designation of, or redesignates (as the case may be), all areas (or portions thereof) of the Governor's State as attainment, nonattainment, or unclassifiable with respect to the national ambient air quality standards for ozone and carbon monoxide. "(ii) No later than 120 days after the date the Governor is required to submit the list of areas (or portions thereof) required under clause (i) of this subparagraph, the Administrator shall promulgate such designations, making such modifications as the Administrator may deem necessary, in the same manner, and under the same procedure, as is applicable under clause (ii) of paragraph (1)(B), except that the phrase *60 days' shall be substituted for the phrase '120 days' in that clause. If the Governor does not submit, in accordance with clause (i) of this subparagraph, a designation for an area (or portion thereof), the Administrator shall promulgate the designation that the Administrator deems appropriate. "(iii) No nonattainment area may be redesignated as an attainment area under this subparagraph. "(iv) Notwithstanding paragraph (IXCXii) of this subsection, if an ozone or carbon monoxide nonattainment area located within a metropolitan statistical area or consolidated metropolitan statistical area (as established by the Bureau of the Census) is classified under part D of this title as a Serious, Severe, or Extreme Area, the boundaries of such area are hereby revised (on the date 45 days after such classification) by operation of law to include the entire metropolitan statistical area or consolidated metropolitan statistical area, as the case may be, unless within such 45- day period the Governor (in consultation with State and local air pollution control agencies) notifies the Administrator that additional time is necessary to evaluate the