Page:United States Statutes at Large Volume 104 Part 4.djvu/103

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2419 before redesignation of the area as an attainment area. The failure of any area redesignated as an attainment area to maintain the national ambient air quality standard concerned shall not result in a requirement that the State revise its State implementation plan unless the Administrator, in the Administrator's discretion, requires the State to submit a revised State implementation plan.", (f) INTERSTATE TRANSPORT PROVISIONS. — (1) INTERSTATE TRANSPORT COMMISSIONS. — After section 176 of the Clean Air Act (42 U.S.C. 7506) insert: "SEC. 176A. INTERSTATE TRANSPORT COMMISSIONS. 42 USC 7506a. "(a) AUTHORITY TO ESTABLISH INTERSTATE TRANSPORT REGIONS..^ Whenever, on the Administrator's own motion or by petition from the Governor of any State, the Administrator has reason to believe that the interstate transport of air pollutants from one or more States contributes significantly to a violation of a national ambient air quality standard in one or more other States, the Administrator may establish, by rule, a transport region for such pollutant that includes such States. The Administrator, on the Administrator's own motion or upon petition from the Governor of any State, or upon the recommendation of a transport commission established under subsection (b), may— "(1) add any State or portion of a State to any region established under this subsection whenever the Administrator has reason to believe that the interstate transport of air pollutants from such State significantly contributes to a violation of the standard in the transport region, or "(2) remove any State or portion of a State from the region whenever the Administrator has reason to believe that the control of emissions in that State or portion of the State pursuant to this section will not significantly contribute to the attainment of the standard in any area in the region. The Administrator shall approve or disapprove any such petition or recommendation within 18 months of its receipt. The Administrator shall establish appropriate proceedings for public participation regarding such petitions and motions, including notice and comment. " 03) TRANSPORT COMMISSIONS. — "(1) ESTABLISHMENT. —Whenever the Administrator establishes a transport region under subsection (a), the Administrator shall establish a transport commission comprised of (at a minimum) each of the following members: "(A) The Governor of each State in the region or the designee of each such Governor. "(B) The Administrator or the Administrator's designee. "(C) The Regional Administrator (or the Administrator's designee) for each Regional Office for each Environmental Protection Agency Region affected by the transport region concerned. "(D) An air pollution control official representing each State in the region, appointed by the Governor. Decisions of, and recommendations and requests to, the Administrator by each transport commission may be made only by a majority vote of all members other than the Administrator and the Regional Administrators (or designees thereof). "(2) RECOMMENDATIONS. —The transport commission shall assess the degree of interstate transport of the pollutant or

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