Page:United States Statutes at Large Volume 104 Part 4.djvu/380

 104 STAT. 2696 PUBLIC LAW 101-549—NOV. 15, 1990 transport of air pollutants from one or more States contributes significantly to visibility impairment in class I areas located in the affected States, the Administrator may establish a transport region for such pollutants that includes such States. The Administrator, upon the Administrator's own motion or upon petition from the Governor of any affected State, or upon the recommendations of a transport commission established under ^ subsection (b) of this section may— "(A) add any State or portion of a State to a visibility transport region when the Administrator determines that the interstate transport of air pollutants from such State significantly contributes to visibility impairment in a class I area located within the transport region, or "(B) 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 protection or enhancement of visibility in any class I area in the region. "(2) VISIBILITY TRANSPORT COMMISSIONS,—Whenever the Administrator establishes a transport region under subsection (c)(D, the Administrator shall establish a transport commission comprised of (as a minimum) each of the following members: "(A) the Governor of each State in the Visibility Transport Region, or the Governor's designee; "(B) 'The Administrator or the Administrator's designee; and "(C) A representative of each Federal agency charged with the direct mansigement of each class I area or areas within the Visibility Transport Region. "(3) All representatives of the Federal Government shall be ex officio members. "(4) The visibility transport commissions shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. Appendix 2, Section 1). "(d) DUTIES OF VISIBILITY TRANSPORT COMMISSIONS. — A Visibility Transport Commission— "(1) shall assess the scientific and technical data, studies, and other currently available information, including studies conducted pursuant to subsection (a)(1), pertaining to adverse impacts on visibility from potential or projected growth in emissions from sources located in the Visibility Transport Region; and Reports. "(2) shall, within 4 years of establishment, issue a report to the Administrator recommending what measures, if any, should be taken under the Clean Air Act to remedy such adverse impacts. The report required by this subsection shall address at least the following measures: "(A) the establishment of clean air corridors, in which additional restrictions on increases in emissions may be appropriate to protect visibility in affected class I areas; "(B) the imposition of the requirements of part D of this title affecting the construction of new major stationary sources or major modifications to existing sources in such clean air corridors specifically including the alternative siting analysis provisions of section 173(a)(5); and

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