42 U.S.C. § 7407 — Air quality control regions

Page 7178 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7407 trol of interstate air pollution) or section 7511c of this title (relating to control of interstate ozone pollution)’’ after ‘‘section 7407 of this title’’. Pub. L. 101–549, § 102(f)(2)(B), which directed insertion of ‘‘any commission established under section 7506a of this title (relating to control of interstate air pollu- tion) or section 7511c of this title (relating to control of interstate ozone pollution) or’’ after ‘‘program costs of’’, was executed by making the insertion after that phrase the first place it appeared to reflect the prob- able intent of Congress. Pub. L. 101–549, § 102(f)(2)(C), which directed insertion of ‘‘or such commission’’ after ‘‘such agency’’ in last sentence, was executed by making insertion after ‘‘such agency’’ the first place it appeared in the last sentence to reflect the probable intent of Congress. Pub. L. 101–549, §§ 102(f)(2)(D), 802(f), substituted ‘‘three-fifths of the air quality implementation pro- gram costs of such agency or commission’’ for ‘‘three- fourths of the air quality planning program costs of such agency’’. 1970—Pub. L. 91–604 struck out designation ‘‘(a)’’, sub- stituted provisions authorizing Federal grants for the purpose of developing implementation plans and provi- sions requiring the designated State agency to be capa- ble of recommending plans for implementation of na- tional primary and secondary ambient air quality standards, for provisions authorizing Federal grants for the purpose of expediting the establishment of air qual- ity standards and provisions requiring the designated State agency to be capable of recommending standards of air quality and plans for implementation thereof, re- spectively, and struck out subsec. (b) which authorized establishment of air quality planning commissions. § 7407. Air quality control regions (a) Responsibility of each State for air quality; submission of implementation plan Each State shall have the primary responsi- bility for assuring air quality within the entire geographic area comprising such State by sub- mitting an implementation plan for such State which will specify the manner in which national primary and secondary ambient air quality standards will be achieved and maintained with- in each air quality control region in such State. (b) Designated regions For purposes of developing and carrying out implementation plans under section 7410 of this title— (1) an air quality control region designated under this section before December 31, 1970, or a region designated after such date under sub- section (c), shall be an air quality control re- gion; and (2) the portion of such State which is not part of any such designated region shall be an air quality control region, but such portion may be subdivided by the State into two or more air quality control regions with the ap- proval of the Administrator. (c) Authority of Administrator to designate re- gions; notification of Governors of affected States The Administrator shall, within 90 days after December 31, 1970, after consultation with ap- propriate State and local authorities, designate as an air quality control region any interstate area or major intrastate area which he deems necessary or appropriate for the attainment and maintenance of ambient air quality standards. The Administrator shall immediately notify the Governors of the affected States of any designa- tion made under this subsection. (d) Designations (1) Designations generally (A) Submission by Governors of initial des- ignations following promulgation of new or revised standards By such date as the Administrator may reasonably require, but not later than 1 year after promulgation of a new or revised na- tional ambient air quality standard for any pollutant under section 7409 of this title, the Governor of each State shall (and at any other time the Governor of a State deems appropriate the Governor may) submit to the Administrator a list of all areas (or por- tions thereof) in the State, designating as— (i) nonattainment, any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pol- lutant, (ii) attainment, any area (other than an area identified in clause (i)) that meets the national primary or secondary ambient air quality standard for the pollutant, or (iii) unclassifiable, any area that cannot be classified on the basis of available infor- mation as meeting or not meeting the na- tional primary or secondary ambient air quality standard for the pollutant. The Administrator may not require the Gov- ernor to submit the required list sooner than 120 days after promulgating a new or revised national ambient air quality standard. (B) Promulgation by EPA of designations (i) Upon promulgation or revision of a na- tional ambient air quality standard, the Ad- ministrator shall promulgate the designa- tions of all areas (or portions thereof) sub- mitted under subparagraph (A) as expedi- tiously as practicable, but in no case later than 2 years from the date of promulgation of the new or revised national ambient air quality standard. Such period may be ex- tended for up to one year in the event the Administrator has insufficient information to promulgate the designations. (ii) In making the promulgations required under clause (i), the Administrator may make such modifications as the Adminis- trator deems necessary to the designations of the areas (or portions thereof) submitted under subparagraph (A) (including to the boundaries of such areas or portions there- of). Whenever the Administrator intends to make a modification, the Administrator shall notify the State and provide such State with an opportunity to demonstrate why any proposed modification is inappropriate. The Administrator shall give such notifica- tion no later than 120 days before the date the Administrator promulgates the designa- tion, including any modification thereto. If the Governor fails to submit the list in whole or in part, as required under subpara- graph (A), the Administrator shall promul- gate the designation that the Administrator deems appropriate for any area (or portion thereof) not designated by the State. Page 7179 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7407 (iii) If the Governor of any State, on the Governor’s own motion, under subparagraph (A), submits a list of areas (or portions thereof) in the State designated as non- attainment, attainment, or unclassifiable, the Administrator shall act on such designa- tions in accordance with the procedures under paragraph (3) (relating to redesigna- tion). (iv) A designation for an area (or portion thereof) made pursuant to this subsection shall remain in effect until the area (or por- tion thereof) is redesignated pursuant to paragraph (3) or (4). (C) Designations by operation of law (i) Any area designated with respect to any air pollutant under the provisions of para- graph (1)(A), (B), or (C) of this subsection (as in effect immediately before November 15, 1990) is designated, by operation of law, as a nonattainment area for such pollutant with- in the meaning of subparagraph (A)(i). (ii) Any area designated with respect to any air pollutant under the provisions of paragraph (1)(E) (as in effect immediately before November 15, 1990) is designated by operation of law, as an attainment area for such pollutant within the meaning of sub- paragraph (A)(ii). (iii) Any area designated with respect to any air pollutant under the provisions of paragraph (1)(D) (as in effect immediately before November 15, 1990) is designated, by operation of law, as an unclassifiable area for such pollutant within the meaning of subparagraph (A)(iii). (2) Publication of designations and redesigna- tions (A) The Administrator shall publish a notice in the Federal Register promulgating any des- ignation under paragraph (1) or (5), or an- nouncing any designation under paragraph (4), or promulgating any redesignation under paragraph (3). (B) Promulgation or announcement of a des- ignation under paragraph (1), (4) or (5) shall not be subject to the provisions of sections 553 through 557 of title 5 (relating to notice and comment), except nothing herein shall be con- strued as precluding such public notice and comment whenever possible. (3) Redesignation (A) Subject to the requirements of subpara- graph (E), and on the basis of air quality data, planning and control considerations, or any other air quality-related considerations the Administrator deems appropriate, the Admin- istrator may at any time notify the Governor of any State that available information indi- cates that the designation of any area or por- tion of an area within the State or interstate area should be revised. In issuing such notifi- cation, which shall be public, to the Governor, the Administrator shall provide such informa- tion as the Administrator may have available explaining the basis for the notice. (B) No later than 120 days after receiving a notification under subparagraph (A), the Gov- ernor shall submit to the Administrator such redesignation, if any, of the appropriate area (or areas) or portion thereof within the State or interstate area, as the Governor considers appropriate. (C) No later than 120 days after the date de- scribed in subparagraph (B) (or paragraph (1)(B)(iii)), the Administrator shall promul- gate the redesignation, if any, of the area or portion thereof, submitted by the Governor in accordance with subparagraph (B), 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 subparagraph (B), a redesignation for an area (or portion thereof) identified by the Adminis- trator under subparagraph (A), the Adminis- trator shall promulgate such redesignation, if any, that the Administrator deems appro- priate. (D) The Governor of any State may, on the Governor’s own motion, submit to the Admin- istrator a revised designation of any area or portion thereof within the State. Within 18 months of receipt of a complete State redesig- nation submittal, the Administrator shall ap- prove or deny such redesignation. The submis- sion of a redesignation by a Governor shall not affect the effectiveness or enforceability of the applicable implementation plan for the State. (E) The Administrator may not promulgate a redesignation of a nonattainment area (or portion thereof) to attainment unless— (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 7410(k) of this title; (iii) the Administrator determines that the improvement in air quality is due to per- manent and enforceable reductions in emis- sions resulting from implementation of the applicable implementation plan and applica- ble Federal air pollutant control regulations and other permanent and enforceable reduc- tions; (iv) the Administrator has fully approved a maintenance plan for the area as meeting the requirements of section 7505a of this title; and (v) the State containing such area has met all requirements applicable to the area under section 7410 of this title 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, car- bon monoxide and particulate matter (PM–10) (A) Ozone and carbon monoxide (i) Within 120 days after November 15, 1990, each Governor of each State shall submit to the Administrator a list that designates, af- firms or reaffirms the designation of, or re- designates (as the case may be), all areas (or portions thereof) of the Governor’s State as Page 7180 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7407 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 Adminis- trator shall promulgate such designations, making such modifications as the Adminis- trator 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 subpara- graph, a designation for an area (or portion thereof), the Administrator shall promul- gate the designation that the Administrator deems appropriate. (iii) No nonattainment area may be redes- ignated as an attainment area under this subparagraph. (iv) Notwithstanding paragraph (1)(C)(ii) of this subsection, if an ozone or carbon mon- oxide 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 subchapter 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 pollu- tion control agencies) notifies the Adminis- trator that additional time is necessary to evaluate the application of clause (v). When- ever a Governor has submitted such a notice to the Administrator, such boundary revi- sion shall occur on the later of the date 8 months after such classification or 14 months after November 15, 1990, unless the Governor makes the finding referred to in clause (v), and the Administrator concurs in such finding, within such period. Except as otherwise provided in this paragraph, a boundary revision under this clause or clause (v) shall apply for purposes of any State implementation plan revision required to be submitted after November 15, 1990. (v) Whenever the Governor of a State has submitted a notice under clause (iv), the Governor, in consultation with State and local air pollution control agencies, shall undertake a study to evaluate whether the entire metropolitan statistical area or con- solidated metropolitan statistical area should be included within the nonattain- ment area. Whenever a Governor finds and demonstrates to the satisfaction of the Ad- ministrator, and the Administrator concurs in such finding, that with respect to a por- tion of a metropolitan statistical area or consolidated metropolitan statistical area, sources in the portion do not contribute sig- nificantly to violation of the national ambi- ent air quality standard, the Administrator shall approve the Governor’s request to ex- clude such portion from the nonattainment area. In making such finding, the Governor and the Administrator shall consider factors such as population density, traffic conges- tion, commercial development, industrial development, meteorological conditions, and pollution transport. (B) PM–10 designations By operation of law, until redesignation by the Administrator pursuant to paragraph (3)— (i) each area identified in 52 Federal Reg- ister 29383 (Aug. 7, 1987) as a Group I area (except to the extent that such identifica- tion was modified by the Administrator before November 15, 1990) is designated nonattainment for PM–10; (ii) any area containing a site for which air quality monitoring data show a viola- tion of the national ambient air quality standard for PM–10 before January 1, 1989 (as determined under part 50, appendix K of title 40 of the Code of Federal Regula- tions) is hereby designated nonattainment for PM–10; and (iii) each area not described in clause (i) or (ii) is hereby designated unclassifiable for PM–10. Any designation for particulate matter (measured in terms of total suspended par- ticulates) that the Administrator promul- gated pursuant to this subsection (as in ef- fect immediately before November 15, 1990) shall remain in effect for purposes of imple- menting the maximum allowable increases in concentrations of particulate matter (measured in terms of total suspended par- ticulates) pursuant to section 7473(b) of this title, until the Administrator determines that such designation is no longer necessary for that purpose. (5) Designations for lead The Administrator may, in the Administra- tor’s discretion at any time the Administrator deems appropriate, require a State to des- ignate areas (or portions thereof) with respect to the national ambient air quality standard for lead in effect as of November 15, 1990, in ac- cordance with the procedures under subpara- graphs (A) and (B) of paragraph (1), except that in applying subparagraph (B)(i) of para- graph (1) the phrase ‘‘2 years from the date of promulgation of the new or revised national ambient air quality standard’’ shall be re- placed by the phrase ‘‘1 year from the date the Administrator notifies the State of the re- quirement to designate areas with respect to the standard for lead’’. (6) Designations (A) Submission Notwithstanding any other provision of law, not later than February 15, 2004, the Governor of each State shall submit designa- tions referred to in paragraph (1) for the July 1997 PM2.5 national ambient air quality standards for each area within the State, Page 7181 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7407 1 See References in Text note below. based on air quality monitoring data col- lected in accordance with any applicable Federal reference methods for the relevant areas. (B) Promulgation Notwithstanding any other provision of law, not later than December 31, 2004, the Administrator shall, consistent with para- graph (1), promulgate the designations re- ferred to in subparagraph (A) for each area of each State for the July 1997 PM2.5 national ambient air quality standards. (7) Implementation plan for regional haze (A) In general Notwithstanding any other provision of law, not later than 3 years after the date on which the Administrator promulgates the designations referred to in paragraph (6)(B) for a State, the State shall submit, for the entire State, the State implementation plan revisions to meet the requirements promul- gated by the Administrator under section 7492(e)(1) of this title (referred to in this paragraph as ‘‘regional haze requirements’’). (B) No preclusion of other provisions Nothing in this paragraph precludes the implementation of the agreements and rec- ommendations stemming from the Grand Canyon Visibility Transport Commission Report dated June 1996, including the sub- mission of State implementation plan revi- sions by the States of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Or- egon, Utah, or Wyoming by December 31, 2003, for implementation of regional haze re- quirements applicable to those States. (e) Redesignation of air quality control regions (1) Except as otherwise provided in paragraph (2), the Governor of each State is authorized, with the approval of the Administrator, to re- designate from time to time the air quality con- trol regions within such State for purposes of ef- ficient and effective air quality management. Upon such redesignation, the list under sub- section (d) shall be modified accordingly. (2) In the case of an air quality control region in a State, or part of such region, which the Ad- ministrator finds may significantly affect air pollution concentrations in another State, the Governor of the State in which such region, or part of a region, is located may redesignate from time to time the boundaries of so much of such air quality control region as is located within such State only with the approval of the Admin- istrator and with the consent of all Governors of all States which the Administrator determines may be significantly affected. (3) No compliance date extension granted under section 7413(d)(5) 1 of this title (relating to coal conversion) shall cease to be effective by reason of the regional limitation provided in section 7413(d)(5) 1 of this title if the violation of such limitation is due solely to a redesignation of a region under this subsection. (July 14, 1955, ch. 360, title I, § 107, as added Pub. L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1678; amended Pub. L. 95–95, title I, § 103, Aug. 7, 1977, 91 Stat. 687; Pub. L. 101–549, title I, § 101(a), Nov. 15, 1990, 104 Stat. 2399; Pub. L. 108–199, div. G, title IV, § 425(a), Jan. 23, 2004, 118 Stat. 417.) Editorial Notes REFERENCES IN TEXT Section 7413 of this title, referred to in subsec. (e)(3), was amended generally by Pub. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, subsec. (d) of section 7413 no longer relates to final compliance orders. CODIFICATION Section was formerly classified to section 1857c–2 of this title. PRIOR PROVISIONS A prior section 107 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 490, related to air quality control regions and was classified to section 1857c–2 of this title, prior to repeal by Pub. L. 91–604. Another prior section 107 of act July 14, 1955, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 399, was renum- bered section 111 by Pub. L. 90–148 and is classified to section 7411 of this title. AMENDMENTS 2004—Subsec. (d)(6), (7). Pub. L. 108–199 added pars. (6) and (7). 1990—Subsec. (d). Pub. L. 101–549 amended subsec. (d) generally, substituting present provisions for provi- sions which required States to submit lists of regions not in compliance on Aug. 7, 1977, with certain air qual- ity standards to be submitted to the Administrator, and which authorized States to revise and resubmit such lists from time to time. 1977—Subsecs. (d), (e). Pub. L. 95–95 added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. OZONE AND PARTICULATE MATTER STANDARDS Pub. L. 108–199, div. G, title IV, § 425(b), Jan. 23, 2004, 118 Stat. 417, provided that: ‘‘Except as provided in paragraphs (6) and (7) of section 107(d) of the Clean Air Act [subsec. (d)(6), (7) of this section] (as added by sub- section (a)), section 6101, subsections (a) and (b) of sec- tion 6102, and section 6103 of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (42 U.S.C. 7407 note; 112 Stat. 463), as in effect on the day before the date of enactment of this Act [Jan. 23, 2004], shall re- main in effect.’’ Pub. L. 105–178, title VI, June 9, 1998, 112 Stat. 463, as amended by Pub. L. 109–59, title VI, § 6012(a), Aug. 10, 2005, 119 Stat. 1882, provided that: ‘‘SEC. 6101. FINDINGS AND PURPOSE. ‘‘(a) The Congress finds that— ‘‘(1) there is a lack of air quality monitoring data for fine particle levels, measured as PM2.5, in the United States and the States should receive full fund- ing for the monitoring efforts; ‘‘(2) such data would provide a basis for designating areas as attainment or nonattainment for any PM2.5 national ambient air quality standards pursuant to the standards promulgated in July 1997; ‘‘(3) the President of the United States directed the Administrator of the Environmental Protection Agency (referred to in this title as the ‘Adminis- trator’) in a memorandum dated July 16, 1997, to com- Page 7182 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7407 plete the next periodic review of the particulate mat- ter national ambient air quality standards by July 2002 in order to determine ‘whether to revise or main- tain the standards’; ‘‘(4) the Administrator has stated that 3 years of air quality monitoring data for fine particle levels, measured as PM2.5 and performed in accordance with any applicable Federal reference methods, is appro- priate for designating areas as attainment or non- attainment pursuant to the July 1997 promulgated standards; and ‘‘(5) the Administrator has acknowledged that in drawing boundaries for attainment and nonattain- ment areas for the July 1997 ozone national air qual- ity standards, Governors would benefit from consid- ering implementation guidance from EPA on drawing area boundaries. ‘‘(b) The purposes of this title are— ‘‘(1) to ensure that 3 years of air quality monitoring data regarding fine particle levels are gathered for use in the determination of area attainment or non- attainment designations respecting any PM2.5 na- tional ambient air quality standards; ‘‘(2) to ensure that the Governors have adequate time to consider implementation guidance from EPA on drawing area boundaries prior to submitting area designations respecting the July 1997 ozone national ambient air quality standards; ‘‘(3) to ensure that the schedule for implementation of the July 1997 revisions of the ambient air quality standards for particulate matter and the schedule for the Environmental Protection Agency’s visibility regulations related to regional haze are consistent with the timetable for implementation of such par- ticulate matter standards as set forth in the Presi- dent’s Implementation Memorandum dated July 16, 1997. ‘‘SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM. ‘‘(a) Through grants under section 103 of the Clean Air Act [42 U.S.C. 7403] the Administrator of the Envi- ronmental Protection Agency shall use appropriated funds no later than fiscal year 2000 to fund 100 percent of the cost of the establishment, purchase, operation and maintenance of a PM2.5 monitoring network nec- essary to implement the national ambient air quality standards for PM2.5 under section 109 of the Clean Air Act [42 U.S.C. 7409]. This implementation shall not re- sult in a diversion or reprogramming of funds from other Federal, State or local Clean Air Act activities. Any funds previously diverted or reprogrammed from section 105 Clean Air Act [42 U.S.C. 7405] grants for PM2.5 monitors must be restored to State or local air programs in fiscal year 1999. ‘‘(b) EPA and the States, consistent with their re- spective authorities under the Clean Air Act [42 U.S.C. 7401 et seq.], shall ensure that the national network (designated in subsection (a)) which consists of the PM2.5 monitors necessary to implement the national ambient air quality standards is established by Decem- ber 31, 1999. ‘‘(c)(1) The Governors shall be required to submit des- ignations referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C. 7407(d)(1)] for each area following promulgation of the July 1997 PM2.5 national ambient air quality standard within 1 year after receipt of 3 years of air quality monitoring data performed in ac- cordance with any applicable Federal reference meth- ods for the relevant areas. Only data from the moni- toring network designated in subsection (a) and other Federal reference method PM2.5 monitors shall be con- sidered for such designations. Nothing in the previous sentence shall be construed as affecting the Governor’s authority to designate an area initially as nonattain- ment, and the Administrator’s authority to promulgate the designation of an area as nonattainment, under sec- tion 107(d)(1) of the Clean Air Act, based on its con- tribution to ambient air quality in a nearby nonattain- ment area. ‘‘(2) For any area designated as nonattainment for the July 1997 PM2.5 national ambient air quality stand- ard in accordance with the schedule set forth in this section, notwithstanding the time limit prescribed in paragraph (2) of section 169B(e) of the Clean Air Act [42 U.S.C. 7492(e)(2)], the Administrator shall require State implementation plan revisions referred to in such para- graph (2) to be submitted at the same time as State im- plementation plan revisions referred to in section 172 of the Clean Air Act [42 U.S.C. 7502] implementing the re- vised national ambient air quality standard for fine particulate matter are required to be submitted. For any area designated as attainment or unclassifiable for such standard, the Administrator shall require the State implementation plan revisions referred to in such paragraph (2) to be submitted 1 year after the area has been so designated. The preceding provisions of this paragraph shall not preclude the implementation of the agreements and recommendations set forth in the Grand Canyon Visibility Transport Commission Report dated June 1996. ‘‘(d) The Administrator shall promulgate the designa- tions referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C. 7407(d)(1)] for each area following pro- mulgation of the July 1997 PM2.5 national ambient air quality standard by the earlier of 1 year after the ini- tial designations required under subsection (c)(1) are required to be submitted or December 31, 2005. ‘‘(e) FIELD STUDY.—Not later than 2 years after the date of enactment of the SAFETEA–LU [Aug. 10, 2005], the Administrator shall— ‘‘(1) conduct a field study of the ability of the PM2.5 Federal Reference Method to differentiate those par- ticles that are larger than 2.5 micrometers in diame- ter; ‘‘(2) develop a Federal reference method to measure directly particles that are larger than 2.5 microm- eters in diameter without reliance on subtracting from coarse particle measurements those particles that are equal to or smaller than 2.5 micrometers in diameter; ‘‘(3) develop a method of measuring the composi- tion of coarse particles; and ‘‘(4) submit a report on the study and responsibil- ities of the Administrator under paragraphs (1) through (3) to— ‘‘(A) the Committee on Energy and Commerce of the House of Representatives; and ‘‘(B) the Committee on Environment and Public Works of the Senate. ‘‘SEC. 6103. OZONE DESIGNATION REQUIREMENTS. ‘‘(a) The Governors shall be required to submit the designations referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C. 7407(d)(1)] within 2 years following the promulgation of the July 1997 ozone national ambi- ent air quality standards. ‘‘(b) The Administrator shall promulgate final des- ignations no later than 1 year after the designations re- quired under subsection (a) are required to be sub- mitted. ‘‘SEC. 6104. ADDITIONAL PROVISIONS. ‘‘Nothing in sections 6101 through 6103 shall be con- strued by the Administrator of Environmental Protec- tion Agency or any court, State, or person to affect any pending litigation or to be a ratification of the ozone or PM2.5 standards.’’ PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully com- menced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. Page 7183 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7408 1 See Codification note below. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7408. Air quality criteria and control tech- niques (a) Air pollutant list; publication and revision by Administrator; issuance of air quality cri- teria for air pollutants (1) For the purpose of establishing national primary and secondary ambient air quality standards, the Administrator shall within 30 days after December 31, 1970, publish, and shall from time to time thereafter revise, a list which includes each air pollutant— (A) emissions of which, in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare; (B) the presence of which in the ambient air results from numerous or diverse mobile or stationary sources; and (C) for which air quality criteria had not been issued before December 31, 1970 but for which he plans to issue air quality criteria under this section. (2) The Administrator shall issue air quality criteria for an air pollutant within 12 months after he has included such pollutant in a list under paragraph (1). Air quality criteria for an air pollutant shall accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambi- ent air, in varying quantities. The criteria for an air pollutant, to the extent practicable, shall include information on— (A) those variable factors (including atmos- pheric conditions) which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant; (B) the types of air pollutants which, when present in the atmosphere, may interact with such pollutant to produce an adverse effect on public health or welfare; and (C) any known or anticipated adverse effects on welfare. (b) Issuance by Administrator of information on air pollution control techniques; standing consulting committees for air pollutants; es- tablishment; membership (1) Simultaneously with the issuance of cri- teria under subsection (a), the Administrator shall, after consultation with appropriate advi- sory committees and Federal departments and agencies, issue to the States and appropriate air pollution control agencies information on air pollution control techniques, which information shall include data relating to the cost of instal- lation and operation, energy requirements, emission reduction benefits, and environmental impact of the emission control technology. Such information shall include such data as are avail- able on available technology and alternative methods of prevention and control of air pollu- tion. Such information shall also include data on alternative fuels, processes, and operating methods which will result in elimination or sig- nificant reduction of emissions. (2) In order to assist in the development of in- formation on pollution control techniques, the Administrator may establish a standing con- sulting committee for each air pollutant in- cluded in a list published pursuant to subsection (a)(1), which shall be comprised of technically qualified individuals representative of State and local governments, industry, and the academic community. Each such committee shall submit, as appropriate, to the Administrator informa- tion related to that required by paragraph (1). (c) Review, modification, and reissuance of cri- teria or information The Administrator shall from time to time re- view, and, as appropriate, modify, and reissue any criteria or information on control tech- niques issued pursuant to this section. Not later than six months after August 7, 1977, the Admin- istrator shall revise and reissue criteria relating to concentrations of NO2 over such period (not more than three hours) as he deems appropriate. Such criteria shall include a discussion of nitric and nitrous acids, nitrites, nitrates, nitrosamines, and other carcinogenic and poten- tially carcinogenic derivatives of oxides of ni- trogen. (d) Publication in Federal Register; availability of copies for general public The issuance of air quality criteria and infor- mation on air pollution control techniques shall be announced in the Federal Register and copies shall be made available to the general public. (e) Transportation planning and guidelines The Administrator shall, after consultation with the Secretary of Transportation, and after providing public notice and opportunity for comment, and with State and local officials, within nine months after November 15, 1990,1 and periodically thereafter as necessary to maintain a continuous transportation-air quality plan- ning process, update the June 1978 Transpor- tation-Air Quality Planning Guidelines and pub- lish guidance on the development and imple- mentation of transportation and other measures necessary to demonstrate and maintain attain- ment of national ambient air quality standards. Such guidelines shall include information on— (1) methods to identify and evaluate alter- native planning and control activities; (2) methods of reviewing plans on a regular basis as conditions change or new information is presented;