42 U.S.C. § 7506 — Limitations on certain Federal assistance

Page 7279 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7506 that the State will promptly correct any viola- tion of the standard which occurs after the re- designation of the area as an attainment area. Such provisions shall include a requirement that the State will implement all measures with respect to the control of the air pollutant con- cerned which were contained in the State imple- mentation plan for the area 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 require- ment that the State revise its State implemen- tation plan unless the Administrator, in the Ad- ministrator’s discretion, requires the State to submit a revised State implementation plan. (July 14, 1955, ch. 360, title I, § 175A, as added Pub. L. 101–549, title I, § 102(e), Nov. 15, 1990, 104 Stat. 2418.) § 7506. Limitations on certain Federal assistance (a), (b) Repealed. Pub. L. 101–549, title I, § 110(4), Nov. 15, 1990, 104 Stat. 2470 (c) Activities not conforming to approved or pro- mulgated plans (1) No department, agency, or instrumentality of the Federal Government shall engage in, sup- port in any way or provide financial assistance for, license or permit, or approve, any activity which does not conform to an implementation plan after it has been approved or promulgated under section 7410 of this title. No metropolitan planning organization designated under section 134 of title 23, shall give its approval to any project, program, or plan which does not con- form to an implementation plan approved or promulgated under section 7410 of this title. The assurance of conformity to such an implementa- tion plan shall be an affirmative responsibility of the head of such department, agency, or in- strumentality. Conformity to an implementa- tion plan means— (A) conformity to an implementation plan’s purpose of eliminating or reducing the sever- ity and number of violations of the national ambient air quality standards and achieving expeditious attainment of such standards; and (B) that such activities will not— (i) cause or contribute to any new viola- tion of any standard in any area; (ii) increase the frequency or severity of any existing violation of any standard in any area; or (iii) delay timely attainment of any stand- ard or any required interim emission reduc- tions or other milestones in any area. The determination of conformity shall be based on the most recent estimates of emissions, and such estimates shall be determined from the most recent population, employment, travel and congestion estimates as determined by the met- ropolitan planning organization or other agency authorized to make such estimates. (2) Any transportation plan or program devel- oped pursuant to title 23 or chapter 53 of title 49 shall implement the transportation provisions of any applicable implementation plan approved under this chapter applicable to all or part of the area covered by such transportation plan or program. No Federal agency may approve, ac- cept or fund any transportation plan, program or project unless such plan, program or project has been found to conform to any applicable im- plementation plan in effect under this chapter. In particular— (A) no transportation plan or transportation improvement program may be adopted by a metropolitan planning organization des- ignated under title 23 or chapter 53 of title 49, or be found to be in conformity by a metro- politan planning organization until a final de- termination has been made that emissions ex- pected from implementation of such plans and programs are consistent with estimates of emissions from motor vehicles and necessary emissions reductions contained in the applica- ble implementation plan, and that the plan or program will conform to the requirements of paragraph (1)(B); (B) no metropolitan planning organization or other recipient of funds under title 23 or chapter 53 of title 49 shall adopt or approve a transportation improvement program of projects until it determines that such program provides for timely implementation of trans- portation control measures consistent with schedules included in the applicable imple- mentation plan; (C) a transportation project may be adopted or approved by a metropolitan planning orga- nization or any recipient of funds designated under title 23 or chapter 53 of title 49, or found in conformity by a metropolitan planning or- ganization or approved, accepted, or funded by the Department of Transportation only if it meets either the requirements of subpara- graph (D) or the following requirements— (i) such a project comes from a conforming plan and program; (ii) the design concept and scope of such project have not changed significantly since the conformity finding regarding the plan and program from which the project derived; and (iii) the design concept and scope of such project at the time of the conformity deter- mination for the program was adequate to determine emissions. (D) Any project not referred to in subpara- graph (C) shall be treated as conforming to the applicable implementation plan only if it is demonstrated that the projected emissions from such project, when considered together with emissions projected for the conforming transportation plans and programs within the nonattainment area, do not cause such plans and programs to exceed the emission reduc- tion projections and schedules assigned to such plans and programs in the applicable im- plementation plan. (E) The appropriate metropolitan planning organization shall redetermine conformity of existing transportation plans and programs not later than 2 years after the date on which the Administrator— (i) finds a motor vehicle emissions budget to be adequate in accordance with section 93.118(e)(4) of title 40, Code of Federal Regu- lations (as in effect on October 1, 2004); (ii) approves an implementation plan that establishes a motor vehicle emissions budget Page 7280 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7506 1 See References in Text note below. 2 So in original. Probably should be ‘‘paragraph (5),’’. if that budget has not yet been determined to be adequate in accordance with clause (i); or (iii) promulgates an implementation plan that establishes or revises a motor vehicle emissions budget. (3) Until such time as the implementation plan revision referred to in paragraph (4)(C) 1 is approved, conformity of such plans, programs, and projects will be demonstrated if— (A) the transportation plans and programs— (i) are consistent with the most recent es- timates of mobile source emissions; (ii) provide for the expeditious implemen- tation of transportation control measures in the applicable implementation plan; and (iii) with respect to ozone and carbon mon- oxide nonattainment areas, contribute to annual emissions reductions consistent with sections 7511a(b)(1) and 7512a(a)(7) of this title; and (B) the transportation projects— (i) come from a conforming transportation plan and program as defined in subparagraph (A) or for 12 months after November 15, 1990, from a transportation program found to con- form within 3 years prior to November 15, 1990; and (ii) in carbon monoxide nonattainment areas, eliminate or reduce the severity and number of violations of the carbon monoxide standards in the area substantially affected by the project. With regard to subparagraph (B)(ii), such de- termination may be made as part of either the conformity determination for the transpor- tation program or for the individual project taken as a whole during the environmental re- view phase of project development. (4) CRITERIA AND PROCEDURES FOR DETERMINING CONFORMITY.— (A) IN GENERAL.—The Administrator shall promulgate, and periodically update, criteria and procedures for determining conformity (except in the case of transportation plans, programs, and projects) of, and for keeping the Administrator informed about, the activities referred to in paragraph (1). (B) TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS.—The Administrator, with the con- currence of the Secretary of Transportation, shall promulgate, and periodically update, cri- teria and procedures for demonstrating and as- suring conformity in the case of transpor- tation plans, programs, and projects. (C) CIVIL ACTION TO COMPEL PROMULGATION.— A civil action may be brought against the Ad- ministrator and the Secretary of Transpor- tation under section 7604 of this title to com- pel promulgation of such criteria and proce- dures and the Federal district court shall have jurisdiction to order such promulgation. (D) The procedures and criteria shall, at a minimum— (i) address the consultation procedures to be undertaken by metropolitan planning or- ganizations and the Secretary of Transpor- tation with State and local air quality agen- cies and State departments of transpor- tation before such organizations and the Secretary make conformity determinations; (ii) address the appropriate frequency for making conformity determinations, but the frequency for making conformity determina- tions on updated transportation plans and programs shall be every 4 years, except in a case in which— (I) the metropolitan planning organiza- tion elects to update a transportation plan or program more frequently; or (II) the metropolitan planning organiza- tion is required to determine conformity in accordance with paragraph (2)(E); and (iii) address how conformity determina- tions will be made with respect to mainte- nance plans. (E) INCLUSION OF CRITERIA AND PROCEDURES IN SIP.—Not later than 2 years after August 10, 2005, the procedures under subparagraph (A) shall include a requirement that each State include in the State implementation plan cri- teria and procedures for consultation required by subparagraph (D)(i), and enforcement and enforceability (pursuant to sections 93.125(c) and 93.122(a)(4)(ii) of title 40, Code of Federal Regulations) in accordance with the Adminis- trator’s criteria and procedures for consulta- tion, enforcement and enforceability. (F) Compliance with the rules of the Admin- istrator for determining the conformity of transportation plans, programs, and projects funded or approved under title 23 or chapter 53 of title 49 to State or Federal implementation plans shall not be required for traffic signal synchronization projects prior to the funding, approval or implementation of such projects. The supporting regional emissions analysis for any conformity determination made with re- spect to a transportation plan, program, or project shall consider the effect on emissions of any such project funded, approved, or imple- mented prior to the conformity determina- tion. (5) APPLICABILITY.—This subsection shall apply only with respect to— (A) a nonattainment area and each pollutant for which the area is designated as a non- attainment area; and (B) an area that was designated as a non- attainment area but that was later redesig- nated by the Administrator as an attainment area and that is required to develop a mainte- nance plan under section 7505a of this title with respect to the specific pollutant for which the area was designated nonattainment. (6) Notwithstanding paragraph 5,2 this sub- section shall not apply with respect to an area designated nonattainment under section 7407(d)(1) of this title until 1 year after that area is first designated nonattainment for a specific national ambient air quality standard. This paragraph only applies with respect to the na- tional ambient air quality standard for which an area is newly designated nonattainment and Page 7281 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7506 does not affect the area’s requirements with re- spect to all other national ambient air quality standards for which the area is designated non- attainment or has been redesignated from non- attainment to attainment with a maintenance plan pursuant to section 7505a 1 of this title (in- cluding any pre-existing national ambient air quality standard for a pollutant for which a new or revised standard has been issued). (7) CONFORMITY HORIZON FOR TRANSPORTATION PLANS.— (A) IN GENERAL.—Each conformity deter- mination required under this section for a transportation plan under section 134(i) of title 23 or section 5303(i) of title 49 shall re- quire a demonstration of conformity for the period ending on either the final year of the transportation plan, or at the election of the metropolitan planning organization, after con- sultation with the air pollution control agen- cy and solicitation of public comments and consideration of such comments, the longest of the following periods: (i) The first 10-year period of any such transportation plan. (ii) The latest year in the implementation plan applicable to the area that contains a motor vehicle emission budget. (iii) The year after the completion date of a regionally significant project if the project is included in the transportation improve- ment program or the project requires ap- proval before the subsequent conformity de- termination. (B) REGIONAL EMISSIONS ANALYSIS.—The con- formity determination shall be accompanied by a regional emissions analysis for the last year of the transportation plan and for any year shown to exceed emission budgets by a prior analysis, if such year extends beyond the applicable period as determined under sub- paragraph (A). (C) EXCEPTION.—In any case in which an area has a revision to an implementation plan under section 7505a(b) of this title and the Ad- ministrator has found the motor vehicles emissions budgets from that revision to be adequate in accordance with section 93.118(e)(4) of title 40, Code of Federal Regula- tions (as in effect on October 1, 2004), or has approved the revision, the demonstration of conformity at the election of the metropolitan planning organization, after consultation with the air pollution control agency and solicita- tion of public comments and consideration of such comments, shall be required to extend only through the last year of the implementa- tion plan required under section 7505a(b) of this title. (D) EFFECT OF ELECTION.—Any election by a metropolitan planning organization under this paragraph shall continue in effect until the metropolitan planning organization elects otherwise. (E) AIR POLLUTION CONTROL AGENCY DE- FINED.—In this paragraph, the term ‘‘air pollu- tion control agency’’ means an air pollution control agency (as defined in section 7602(b) of this title) that is responsible for developing plans or controlling air pollution within the area covered by a transportation plan. (8) SUBSTITUTION OF TRANSPORTATION CONTROL MEASURES.— (A) IN GENERAL.—Transportation control measures that are specified in an implementa- tion plan may be replaced or added to the im- plementation plan with alternate or addi- tional transportation control measures— (i) if the substitute measures achieve equivalent or greater emissions reductions than the control measure to be replaced, as demonstrated with an emissions impact analysis that is consistent with the current methodology used for evaluating the re- placed control measure in the implementa- tion plan; (ii) if the substitute control measures are implemented— (I) in accordance with a schedule that is consistent with the schedule provided for control measures in the implementation plan; or (II) if the implementation plan date for implementation of the control measure to be replaced has passed, as soon as prac- ticable after the implementation plan date but not later than the date on which emis- sion reductions are necessary to achieve the purpose of the implementation plan; (iii) if the substitute and additional con- trol measures are accompanied with evi- dence of adequate personnel and funding and authority under State or local law to imple- ment, monitor, and enforce the control measures; (iv) if the substitute and additional con- trol measures were developed through a col- laborative process that included— (I) participation by representatives of all affected jurisdictions (including local air pollution control agencies, the State air pollution control agency, and State and local transportation agencies); (II) consultation with the Administrator; and (III) reasonable public notice and oppor- tunity for comment; and (v) if the metropolitan planning organiza- tion, State air pollution control agency, and the Administrator concur with the equiva- lency of the substitute or additional control measures. (B) ADOPTION.—(i) Concurrence by the met- ropolitan planning organization, State air pol- lution control agency and the Administrator as required by subparagraph (A)(v) shall con- stitute adoption of the substitute or addi- tional control measures so long as the require- ments of subparagraphs (A)(i), (A)(ii), (A)(iii) and (A)(iv) are met. (ii) Once adopted, the substitute or addi- tional control measures become, by operation of law, part of the State implementation plan and become federally enforceable. (iii) Within 90 days of its concurrence under subparagraph (A)(v), the State air pollution control agency shall submit the substitute or additional control measure to the Adminis- trator for incorporation in the codification of the applicable implementation plan. Page 7282 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7506 3 So in original. Probably should be ‘‘Notwithstanding’’. Nothwithstanding 3 any other provision of this chapter, no additional State process shall be necessary to support such revision to the ap- plicable plan. (C) NO REQUIREMENT FOR EXPRESS PERMIS- SION.—The substitution or addition of a trans- portation control measure in accordance with this paragraph and the funding or approval of such a control measure shall not be contingent on the existence of any provision in the appli- cable implementation plan that expressly per- mits such a substitution or addition. (D) NO REQUIREMENT FOR NEW CONFORMITY DETERMINATION.—The substitution or addition of a transportation control measure in accord- ance with this paragraph shall not require— (i) a new conformity determination for the transportation plan; or (ii) a revision of the implementation plan. (E) CONTINUATION OF CONTROL MEASURE BEING REPLACED.—A control measure that is being replaced by a substitute control measure under this paragraph shall remain in effect until the substitute control measure is adopt- ed by the State pursuant to subparagraph (B). (F) EFFECT OF ADOPTION.—Adoption of a sub- stitute control measure shall constitute re- scission of the previously applicable control measure. (9) LAPSE OF CONFORMITY.—If a conformity de- termination required under this subsection for a transportation plan under section 134(i) of title 23 or section 5303(i) of title 49 or a transpor- tation improvement program under section 134(j) of such title 23 or under section 5303(j) of such title 49 is not made by the applicable dead- line and such failure is not corrected by addi- tional measures to either reduce motor vehicle emissions sufficient to demonstrate compliance with the requirements of this subsection within 12 months after such deadline or other measures sufficient to correct such failures, the transpor- tation plan shall lapse. (10) LAPSE.—In this subsection, the term ‘‘lapse’’ means that the conformity determina- tion for a transportation plan or transportation improvement program has expired, and thus there is no currently conforming transportation plan or transportation improvement program. (d) Priority of achieving and maintaining na- tional primary ambient air quality standards Each department, agency, or instrumentality of the Federal Government having authority to conduct or support any program with air-quality related transportation consequences shall give priority in the exercise of such authority, con- sistent with statutory requirements for alloca- tion among States or other jurisdictions, to the implementation of those portions of plans pre- pared under this section to achieve and main- tain the national primary ambient air-quality standard. This paragraph extends to, but is not limited to, authority exercised under chapter 53 of title 49, title 23, and the Housing and Urban Development Act. (July 14, 1955, ch. 360, title I, § 176, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 749; amended Pub. L. 95–190, § 14(a)(59), Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101–549, title I, §§ 101(f), 110(4), Nov. 15, 1990, 104 Stat. 2409, 2470; Pub. L. 104–59, title III, § 305(b), Nov. 28, 1995, 109 Stat. 580; Pub. L. 104–260, § 1, Oct. 9, 1996, 110 Stat. 3175; Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–44; Pub. L. 109–59, title VI, § 6011(a)–(f), Aug. 10, 2005, 119 Stat. 1878–1881.) Editorial Notes REFERENCES IN TEXT Paragraph (4) of subsec. (c), referred to in subsec. (c)(3), was amended by Pub. L. 109–59, title VI, § 6011(f), Aug. 10, 2005, 119 Stat. 1881, to redesignate subpar. (C) as (E), strike it out, and add new subpars. (C) and (E). See 2005 Amendment notes below. Section 7505a of this title, referred to in subsec. (c)(6), was in the original ‘‘section 175(A)’’ and was translated as reading ‘‘section 175A’’, meaning section 175A of act July 14, 1955, which is classified to section 7505a of this title, to reflect the probable intent of Congress. The Housing and Urban Development Act, referred to in subsec. (d), may be the name for a series of acts shar- ing the same name but enacted in different years by Pub. L. 89–117, Aug. 10, 1965, 79 Stat. 451; Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 476; Pub. L. 91–152, Dec. 24, 1969, 83 Stat. 379; and Pub. L. 91–609, Dec. 31, 1970, 84 Stat. 1770, respectively. For complete classification of these Acts to the Code, see Short Title notes set out under section 1701 of Title 12, Banks and Banking, and Tables. CODIFICATION In subsecs. (c)(2) and (d), ‘‘chapter 53 of title 49’’ sub- stituted for ‘‘the Urban Mass Transportation Act [49 App. U.S.C. 1601 et seq.]’’ and in subsec. (c)(4)(F) sub- stituted for ‘‘Federal Transit Act’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378 (the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation), and of Pub. L. 102–240, title III, § 3003(b), Dec. 18, 1991, 105 Stat. 2088, which provided that references in laws to the Urban Mass Transpor- tation Act of 1964 be deemed to be references to the Federal Transit Act. AMENDMENTS 2005—Subsec. (c)(2)(E). Pub. L. 109–59, § 6011(a), added subpar. (E). Subsec. (c)(4). Pub. L. 109–59, § 6011(f)(1)–(3), inserted par. (4) and subpar. (A) headings, in first sentence sub- stituted ‘‘The Administrator shall promulgate, and pe- riodically update,’’ for ‘‘No later than one year after November 15, 1990, the Administrator shall promul- gate’’, designated second sentence as subpar. (B), in- serted heading, substituted ‘‘The Administrator, with the concurrence of the Secretary of Transportation, shall promulgate, and periodically update,’’ for ‘‘No later than one year after November 15, 1990, the Admin- istrator, with the concurrence of the Secretary of Transportation, shall promulgate’’, designated third sentence as subpar. (C), inserted heading, substituted ‘‘A civil action’’ for ‘‘A suit’’, and redesignated former subpars. (B) to (D) as (D) to (F), respectively. Subsec. (c)(4)(B)(ii). Pub. L. 109–59, § 6011(b), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘address the appropriate frequency for making conformity determinations, but in no case shall such determinations for transportation plans and programs be less frequent than every three years; and’’. Subsec. (c)(4)(E). Pub. L. 109–59, § 6011(f)(4), added sub- par. (E) and struck out former subpar. (E) which read as follows: ‘‘Such procedures shall also include a re- quirement that each State shall submit to the Admin- istrator and the Secretary of Transportation within 24 months of November 15, 1990, a revision to its imple- mentation plan that includes criteria and procedures for assessing the conformity of any plan, program, or project subject to the conformity requirements of this subsection.’’ Page 7283 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7506a Subsec. (c)(7) to (10). Pub. L. 109–59, § 6011(c)–(e), added pars. (7) to (10). 2000—Subsec. (c)(6). Pub. L. 106–377 added par. (6). 1996—Subsec. (c)(4)(D). Pub. L. 104–260 added subpar. (D). 1995—Subsec. (c)(5). Pub. L. 104–59 added par. (5). 1990—Subsecs. (a), (b). Pub. L. 101–549, § 110(4), struck out subsec. (a) which related to approval of projects or award of grants, and subsec. (b) which related to imple- mentation of approved or promulgated plans. Subsec. (c). Pub. L. 101–549, § 101(f), designated exist- ing provisions as par. (1), struck out ‘‘(1)’’, ‘‘(2)’’, ‘‘(3)’’, and ‘‘(4)’’ before ‘‘engage in’’, ‘‘support in’’, ‘‘license or’’, and ‘‘approve, any’’, respectively, substituted ‘‘conform to an implementation plan after it’’ for ‘‘con- form to a plan after it’’, ‘‘conform to an implementa- tion plan approved’’ for ‘‘conform to a plan approved’’, and ‘‘conformity to such an implementation plan shall’’ for ‘‘conformity to such a plan shall’’, inserted ‘‘Conformity to an implementation plan means—’’ fol- lowed immediately by subpars. (A) and (B) and closing provisions relating to determination of conformity being based on recent estimates of emissions and the determination of such estimates, and added pars. (2) to (4). 1977—Subsec. (a)(1). Pub. L. 95–190 inserted ‘‘na- tional’’ before ‘‘primary’’. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 109–59, title VI, § 6011(g), Aug. 10, 2005, 119 Stat. 1882, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Administrator of the Environmental Protection Agen- cy shall promulgate revised regulations to implement the changes made by this section [amending this sec- tion].’’ § 7506a. Interstate transport commissions (a) Authority to establish interstate transport re- gions 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 Ad- ministrator may establish, by rule, a transport region for such pollutant that includes such States. The Administrator, on the Administra- tor’s own motion or upon petition from the Gov- ernor 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 be- lieve that the interstate transport of air pol- lutants from such State significantly contrib- utes 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 emis- sions in that State or portion of the State pur- suant 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 par- ticipation regarding such petitions and motions, including notice and comment. (b) Transport commissions (1) Establishment Whenever the Administrator establishes a transport region under subsection (a), the Ad- ministrator shall establish a transport com- mission comprised of (at a minimum) each of the following members: (A) The Governor of each State in the re- gion or the designee of each such Governor. (B) The Administrator or the Administra- tor’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 re- gion concerned. (D) An air pollution control official rep- resenting each State in the region, ap- pointed by the Governor. Decisions of, and recommendations and re- quests to, the Administrator by each transport commission may be made only by a majority vote of all members other than the Adminis- trator and the Regional Administrators (or designees thereof). (2) Recommendations The transport commission shall assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region, assess strategies for miti- gating the interstate pollution, and rec- ommend to the Administrator such measures as the Commission determines to be necessary to ensure that the plans for the relevant States meet the requirements of section 7410(a)(2)(D) of this title. Such commission shall not be subject to the provisions of chap- ter 10 of title 5. (c) Commission requests A transport commission established under subsection (b) may request the Administrator to issue a finding under section 7410(k)(5) of this title that the implementation plan for one or more of the States in the transport region is substantially inadequate to meet the require- ments of section 7410(a)(2)(D) of this title. The Administrator shall approve, disapprove, or par- tially approve and partially disapprove such a request within 18 months of its receipt and, to the extent the Administrator approves such re- quest, issue the finding under section 7410(k)(5) of this title at the time of such approval. In act- ing on such request, the Administrator shall provide an opportunity for public participation and shall address each specific recommendation made by the commission. Approval or dis- approval of such a request shall constitute final agency action within the meaning of section 7607(b) of this title. (July 14, 1955, ch. 360, title I, § 176A, as added Pub. L. 101–549, title I, § 102(f)(1), Nov. 15, 1990, 104 Stat. 2419; amended Pub. L. 117–286, § 4(a)(270), Dec. 27, 2022, 136 Stat. 4335.)