GENERAL PROVISIONS FOR NONATTAINMENT AREAS.

SEC. 102. GENERAL PROVISIONS FOR NONATTAINMENT AREAS. (a) Definitions.— (1) Part D of title I of the Clean Air Act is amended by inserting immediately after “Part D—Plan Requirements for Nonattainment Areas” the following: “Subpart 1— Nonattainment Areas in General “Sec. 171. Definitions. “Sec. 172. Nonattainment plan provisions. “Sec. 173. Permit requirements. “Sec. 174. Planning procedures. “Sec. 175. Environmental Protection Agency grants. “Sec. 176. Limitations on certain Federal assistance. “Sec. 177. New motor vehicle emission standards in nonattainment areas. “Sec. 178. Guidance documents.”. (2) Section 171 of the Clean Air Act (42 U.S.C. 7501) is amended as follows: (A) In the introductory language, strike out “and section 1l0(a)(2)(I)”. (B) Amend paragraph (1) to read as follows: “(1) Reasonable further progress.— The term ‘reasonable further progress’ means such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date.”. (C) Amend paragraph (2) to read as follows: “(2) Nonattainment area.— The term ‘nonattainment area’ means, for any air pollutant, an area which is designated ‘nonattainment’ with respect to that pollutant within the meaning of section 107(d).”. (b) Nonattainment Plan Provisions in General.— Section 172 (42 U.S.C. 7502) of the Clean Air Act is amended to read as follows: “SEC. 172. NONATTAINMENT PLAN PROVISIONS IN GENERAL. “(a) Classifications and Attainment Dates.— “(1) Classifications.— (A) On or after the date the Administrator promulgates the designation of an area as a nonattainment area pursuant to section 107(d) with respect to any national ambient air quality standard (or any revised standard, including a revision of any standard in effect on the date of the enactment of the Clean Air Act Amendments of 1990), the Administrator may classify the area for the purpose of applying an attainment date pursuant to paragraph (2), and for other purposes. In determining the appropriate classification, if any, for a nonattainment area, the Administrator may consider such factors as the severity of nonattainment in such area and the availability and feasibility of the pollution control measures 104 STAT. 2413that the Administrator believes may be necessary to provide for attainment of such standard in such area. “(B) The Administrator shall publish a notice in the Federal Register announcing each classification under subparagraph (A), except the Administrator shall provide an opportunity for at least 30 days for written comment. Such classification shall not be subject to the provisions of sections 553 through 557 of title 5 of the United States Code (concerning notice and comment) and shall not be subject to judicial review until the Administrator takes final action under subsection (k) or (1) of section 110 (concerning action on plan submissions) or section 179 (concerning sanctions) with respect to any plan submissions required by virtue of such classification. “(C) This paragraph shall not apply with respect to nonattainment areas for which classifications are specifically provided under other provisions of this part. “(2) Attainment dates for nonattainment areas.— (A) The attainment date for an area designated nonattainment with respect to a national primary ambient air quality standard shall be the date by which attainment can be achieved as expeditiously as practicable, but no later than 5 years from the date such area was designated nonattainment under section 107(d), except that the Administrator may extend the attainment date to the extent the Administrator determines appropriate, for a period no greater than 10 years from the date of designation as nonattainment, considering the severity of nonattainment and the availability and feasibility of pollution control measures. “(B) The attainment date for an area designated nonattainment with respect to a secondary national ambient air quality standard shall be the date by which attainment can be achieved as expeditiously as practicable after the date such area was designated nonattainment under section 107(d). “(C) Upon application by any State, the Administrator may extend for 1 additional year (hereinafter referred to as the ‘Extension Year’) the attainment date determined by the Administrator under subparagraph (A) or (B) if— “(i) the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan, and “(ii) in accordance with guidance published by the Administrator, no more than a minimal number of exceedances of the relevant national ambient air quality standard has occurred in the area in the year preceding the Extension Year. No more than 2 one-year extensions may be issued under this subparagraph for a single nonattainment area. “(D) This paragraph shall not apply with respect to nonattainment areas for which attainment dates are specifically provided under other provisions of this part. “(b) Schedule for Plan Submissions.— At the time the Administrator promulgates the designation of an area as nonattainment with respect to a national ambient air quality standard under section 107(d), the Administrator shall establish a schedule according to which the State containing such area shall submit a plan or plan revision (including the plan items) meeting the applicable requirements of subsection (c) and section 110(a)(2). Such schedule shall at a minimum, include a date or dates, extending no later than 104 STAT. 24143 years from the date of the nonattainment designation, for the submission of a plan or plan revision (including the plan items) meeting the applicable requirements of subsection (c) and section 110(a)(2). “(c) Nonattainment Plan Provisions.— The plan provisions (including plan items) required to be submitted under this part shall comply with each of the following: “(1) In general.— Such plan provisions shall provide for the implementation of all reasonably available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology) and shall provide for attainment of the national primary ambient air quality standards. “(2) rfp.— Such plan provisions shall require reasonable further progress. “(3) Inventory.— Such plan provisions shall include a comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutant or pollutants in such area, including such periodic revisions as the Administrator may determine necessary to assure that the requirements of this part are met. “(4) Identification and quantification.— Such plan provisions shall expressly identify and quantify the emissions, if any, of any such pollutant or pollutants which will be allowed, in accordance with section 173(a)(1)(B), from the construction and operation of major new or modified stationary sources in each such area. The plan shall demonstrate to the satisfaction of the Administrator that the emissions quantified for this purpose will be consistent with the achievement of reasonable further progress and will not interfere with attainment of the applicable national ambient air quality standard by the applicable attainment date. “(5) Permits for new and modified major stationary sources.— Such plan provisions shall require permits for the construction and operation of new or modified major stationary sources anywhere in the nonattainment area, in accordance with section 173. “(6) Other measures.— Such plan provisions shall include enforceable emission limitations, and such other control measures, means or techniques (including economic incentives such as fees, marketable permits, and auctions of emission rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to provide for attainment of such standard in such area by the applicable attainment date specified in this part. “(7) Compliance with section 110 (a) (2).— Such plan provisions shall also meet the applicable provisions of section 110(a)(2). “(8) Equivalent techniques.— Upon application by any State, the Administrator may allow the use of equivalent modeling, emission inventory, and planning procedures, unless the Administrator determines that the proposed techniques are, in the aggregate, less effective than the methods specified by the Administrator. “(9) Contingency measures.— Such plan shall provide for the implementation of specific measures to be undertaken if the 104 STAT. 2415area fails to make reasonable further progress, or to attain the national primary ambient air quality standard by the attainment date applicable under this part. Such measures shall be included in the plan revision as contingency measures to take effect in any such case without further action by the State or the Administrator. “(d) Plan Revisions Required in Response to Finding of Plan Inadequacy.— Any plan revision for a nonattainment area which is required to be submitted in response to a finding by the Administrator pursuant to section 110(k)(5) (relating to calls for plan revisions) must correct the plan deficiency (or deficiencies) specified by the Administrator and meet all other applicable plan requirements of section 110 and this part. The Administrator may reasonably adjust the dates otherwise applicable under such requirements to such revision (except for attainment dates that have not yet elapsed), to the extent necessary to achieve a consistent application of such requirements. In order to facilitate submittal by the States of adequate and approvable plans consistent with the applicable requirements of this Act, the Administrator shall, as appropriate and from time to time, issue written guidelines, interpretations, and information to the States which shall be available to the public, taking into consideration any such guidelines, interpretations, or information provided before the date of the enactment of the Clean Air Act Amendments of 1990. “(e) Future Modification of Standard.— If the Administrator relaxes a national primary ambient air quality standard after the date of the enactment of the Clean Air Act Amendments of 1990, the Administrator shall, within 12 months after the relaxation, promulgate requirements applicable to all areas which have not attained that standard as of the date of such relaxation. Such requirements shall provide for controls which are not less stringent than the controls applicable to areas designated nonattainment before such relaxation.”. (c) New Source Permit Requirements.— Section 173 of the Clean Air Act (42 U.S.C. 7503) is amended as follows: (1) Strike the center heading and “Sec. 173.” and insert: “SEC. 173. PERMIT REQUIREMENTS.”. (2) Insert “(a) In General.—” before the first sentence. (3) Insert the following after “(1)”: “in accordance with regulations issued by the Administrator for the determination of baseline emissions in a manner consistent with the assumptions underlying the applicable implementation plan approved under section 110 and this part,”. (4) Make the following amendments in subparagraph (A) of paragraph (1): (A) Insert “sufficient offsetting emissions reductions have been obtained, such that” immediately after the comma following “commence operation”. (B) Strike “allowed under the applicable implementation plan” and insert “(as determined in accordance with the regulations under this paragraph)”. (5) Make the following amendments in subparagraph (B) of paragraph (1): (A) Insert “in the case of a new or modified major stationary source which is located in a zone (within the nonattainment area) identified by the Administrator, in consultation 104 STAT. 2416with the Secretary of Housing and Urban Development, as a zone to which economic development should be targeted,” at the beginning thereof. (B) Strike “172(b)” and insert “172(c)”. (6) Make the following amendments in paragraph (4): (A) Insert “the Administrator has not determined that” after “(4)”. (B) Strike “being carried out” and insert “not being adequately implemented”. (C) Replace the period at the end thereof with “;and”. (7) Add the following new paragraph after paragraph (4): “(5) an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.”. (8) Strike “(1)(A) shall be legally binding” in the concluding sentence of subsection (a), as redesignated by this subsection and insert “(1) shall be federally enforceable”. (9) Add a new subsection (b) to read as follows: “(b) Prohibition on Use of Old Growth Allowances.— Any growth allowance included in an applicable implementation plan to meet the requirements of section 172(b)(5) (as in effect immediately before the date of the enactment of the Clean Air Act Amendments of 1990) shall not be valid for use in any area that received or receives a notice under section 110(a)(2)(H)(ii) (as in effect immediately before the date of the enactment of the Clean Air Act Amendments of 1990) or under section 110(k)(1) that its applicable implementation plan containing such allowance is substantially inadequate.”. (10) Add the following new subsections at the end thereof: “(c) Offsets.— (1) The owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under this part for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the State may allow the owner or operator of a source to obtain such emission reductions in another nonattainment area if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located. Such emission reductions shall be, by the time a new or modified source commences operation, in effect and enforceable and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater reduction, as applicable, in the actual emissions of such air pollutant from the same or other sources in the area. “(2) Emission reductions otherwise required by this Act shall not be creditable as emissions reductions for purposes of any such offset requirement. Incidental emission reductions which are not other-wise required by this Act shall be creditable as emission reductions for such purposes if such emission reductions meet the requirements of paragraph (1). “(d) Control Technology Information.— The State shall provide that control technology information from permits issued under this 104 STAT. 2417section will be promptly submitted to the Administrator for purposes of making such information available through the RACT/BACT/LAER clearinghouse to other States and to the general public. “(e) Rocket Engines or Motors.— The permitting authority of a State shall allow a source to offset by alternative or innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified major source that tests rocket engines or motors under the following conditions: “(1) Any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source that is permitted to test such engines on the date of enactment of this subsection. “(2) The source demonstrates to the satisfaction of the permit-ting authority of the State that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source. “(3) The source has obtained a written finding from the Department of Defense, Department of Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that the testing of rocket motors or engines at the facility is required for a program essential to the national security. “(4) The source will comply with an alternative measure, imposed by the permitting authority, designed to offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing any alternative offset measures, the permitting authority may impose an emissions fee to be paid to such authority of a State which shall be an amount no greater than 1.5 times the average cost of stationary source control measures adopted in that area during the previous 3 years. The permitting authority shall utilize the fees in a manner that maximizes the emissions reductions in that area.”. (d) Planning Procedures.— Section 174 (42 U.S.C. 7504) of the Clean Air Act is amended to read as follows: “SEC. 174. PLANNING PROCEDURES. “(a) In General.— For any ozone, carbon monoxide, or PM–10 nonattainment area, the State containing such area and elected officials of affected local governments shall, before the date required for submittal of the inventory described under sections 182(a)(l) and 187(a)(1), jointly review and update as necessary the planning procedures adopted pursuant to this subsection as in effect immediately before the date of the enactment of the Clean Air Act Amendments of 1990, or develop new planning procedures pursuant to this subsection, as appropriate. In preparing such procedures the State and local elected officials shall determine which elements of a revised implementation plan will be developed, adopted, and implemented (through means including enforcement) by the State and which by local governments or regional agencies, or any combination of local governments, regional agencies, or the State. The implementation plan required by this part shall be prepared by an organization certified by the State, in consultation with elected officials of local governments and in accordance with the determination under the 104 STAT. 2418second sentence of this subsection. Such organization shall include elected officials of local governments in the affected area, and representatives of the State air quality planning agency, the State transportation planning agency, the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of title 23, United States Code, the organization responsible for the air quality maintenance planning process under regulations implementing this Act, and any other organization with responsibilities for developing, submitting, or implementing the plan required by this part. Such organization may be one that carried out these functions before the date of the enactment of the Clean Air Act Amendments of 1990. “(b) Coordination.— The preparation of implementation plan provisions and subsequent plan revisions under the continuing transportation-air quality planning process described in section 108(e) shall be coordinated with the continuing, cooperative and comprehensive transportation planning process required under section 134 of title 23, United States Code, and such planning processes shall take into account the requirements of this part. “(c) Joint Planning.— In the case of a nonattainment area that is included within more than one State, the affected States may jointly, through interstate compact or otherwise, undertake and implement all or part of the planning procedures described in this section.”. (e) Maintenance Plans.— After section 175 of the Clean Air Act insert: “SEC. 175A. MAINTENANCE PLANS. “(a) Plan Revision.— Each State which submits a request under section 107(d) for redesignation of a nonattainment area for any air pollutant as an area which has attained the national primary ambient air quality standard for that air pollutant shall also submit a revision of the applicable State implementation plan to provide for the maintenance of the national primary ambient air quality standard for such air pollutant in the area concerned for at least 10 years after the redesignation. The plan shall contain such additional measures, if any, as may be necessary to ensure such maintenance. “(b) Subsequent Plan Revisions.— 8 years after redesignation of any area as an attainment area under section 107(d), the State shall submit to the Administrator an additional revision of the applicable State implementation plan for maintaining the national primary ambient air quality standard for 10 years after the expiration of the 10-year period referred to in subsection (a). “(c) Nonattainment Requirements Applicable Pending Plan Approval.— Until such plan revision is approved and an area is redesignated as attainment for any area designated as a nonattainment area, the requirements of this part shall continue in force and effect with respect to such area. “(d) Contingency Provisions.— Each plan revision submitted under this section shall contain such contingency provisions as the Administrator deems necessary to assure that the State will promptly correct any violation of the standard which occurs after the redesignation 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 concerned which were contained in the State implementation plan for the area 104 STAT. 2419before 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. “(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. “(b) 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 104 STAT. 2420precursors to the pollutant throughout the transport region, assess strategies for mitigating the interstate pollution, and recommend 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 110(a)(2)(D). Such commission shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). “(c) Commission Requests.— A transport commission established under subsection (b) may request the Administrator to issue a finding under section 110(k)(5) that the implementation plan for one or more of the States in the transport region is substantially inadequate to meet the requirements of section 110(a)(2)(D). The Administrator shall approve, disapprove, or partially approve and partially disapprove such a request within 18 months of its receipt and, to the extent the Administrator approves such request, issue the finding under section 110(k)(5) at the time of such approval. In acting on such request, the Administrator shall provide an opportunity for public participation and shall address each specific recommendation made by the commission. Approval or disapproval of such a request shall constitute final agency action within the meaning of section 307(b).”. (2) Amendments conforming to transport provisions.— Section 106 of the Clean Air Act (42 U.S.C. 7406) is amended as follows: (A) Insert “or of implementing section 176A (relating to control of interstate air pollution) or section 184 (relating to control of interstate ozone pollution)” immediately following “section 107”. (B) Insert “any commission established under section 176A (relating to control of interstate air pollution) or section 184 (relating to control of interstate ozone pollution) or” immediately following “program costs of”. (C) Insert “or such commission” in the last sentence immediately following “such agency”. (D) Insert “or commission” at the end thereof, immediately before the period. (g) Sanctions.— After section 178 of the Clean Air Act (42 U.S.C. 7508) insert: “SEC. 179. SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN. “(a) State Failure.— For any implementation plan or plan revision required under this part (or required in response to a finding of substantial inadequacy as described in section 110(k)(5)), if the Administrator— “(1) finds that a State has failed, for an area designated nonattainment under section 107(d), to submit a plan, or to submit 1 or more of the elements (as determined by the Administrator) required by the provisions of this Act applicable to such an area, or has failed to make a submission for such an area that satisfies the minimum criteria established in relation to any such element under section 110(k), “(2) disapproves a submission under section 110(k), for an area designated nonattainment under section 107, based on the submission’s failure to meet one or more of the elements required by the provisions of this Act applicable to such an area, “(3) (A) determines that a State has failed to make any submission as may be required under this Act, other than one de-104 STAT. 2421scribed under paragraph (1) or (2), including an adequate maintenance plan, or has failed to make any submission, as may be required under this Act, other than one described under paragraph (1) or (2), that satisfies the minimum criteria established in relation to such submission under section 110(k)(1)(A), or “(B) disapproves in whole or in part a submission described under subparagraph (A), or “(4) finds that any requirement of an approved plan (or approved part of a plan) is not being implemented, unless such deficiency has been corrected within 18 months after the finding, disapproval, or determination referred to in paragraphs (1), (2), (3), and (4), one of the sanctions referred to in subsection (b) shall apply, as selected by the Administrator, until the Administrator determines that the State has come into compliance, except that if the Administrator finds a lack of good faith, sanctions under both paragraph (1) and paragraph (2) of subsection (b) shall apply until the Administrator determines that the State has come into compliance. If the Administrator has selected one of such sanctions and the deficiency has not been corrected within 6 months thereafter, sanctions under both paragraph (1) and paragraph (2) of subsection (b) shall apply until the Administrator determines that the State has come into compliance. In addition to any other sanction applicable as provided in this section, the Administrator may withhold all or part of the grants for support of air pollution planning and control programs that the Administrator may award under section 105. “(b) Sanctions.— The sanctions available to the Administrator as provided in subsection (a) are as follows: “(1) Highway sanctions.— (A) The Administrator may impose a prohibition, applicable to a nonattainment area, on the approval by the Secretary of Transportation of any projects or the awarding by the Secretary of any grants, under title 23, United States Code, other than projects or grants for safety where the Secretary determines, based on accident or other appropriate data submitted by the State, that the principal purpose of the project is an improvement in safety to resolve a demonstrated safety problem and likely will result in a significant reduction in, or avoidance of, accidents. Such prohibition shall become effective upon the selection by the Administrator of this sanction. “(B) In addition to safety, projects or grants that may be approved by the Secretary, notwithstanding the prohibition in subparagraph (A), are the following— “(i) capital programs for public transit; “(ii) construction or restriction of certain roads or lanes solely for the use of passenger buses or high occupancy vehicles; “(iii) planning for requirements for employers to reduce employee work-trip-related vehicle emissions; “(iv) highway ramp metering, traffic signalization, and related programs that improve traffic flow and achieve a net emission reduction; “(v) fringe and transportation corridor parking facilities serving multiple occupancy vehicle programs or transit operations; “(vi) programs to limit or restrict vehicle use in down-town areas or other areas of emission concentration 104 STAT. 2422particularly during periods of peak use, through road use charges, tolls, parking surcharges, or other pricing mechanisms, vehicle restricted zones or periods, or vehicle registration programs; “(vii) programs for breakdown and accident scene management, nonrecurring congestion, and vehicle information systems, to reduce congestion and emissions; and “(viii) such other transportation-related programs as the Administrator, in consultation with the Secretary of Transportation, finds would improve air quality and would not encourage single occupancy vehicle capacity. In considering such measures, the State should seek to ensure adequate access to downtown, other commercial, and residential areas, and avoid increasing or relocating emissions and congestion rather than reducing them. “(2) Offsets.— In applying the emissions offset requirements of section 173 to new or modified sources or emissions units for which a permit is required under part D, the ratio of emission reductions to increased emissions shall be at least 2 to 1. “(c) Notice of Failure To Attain.— (1) As expeditiously as practicable after the applicable attainment date for any nonattainment area, but not later than 6 months after such date, the Administrator shall determine, based on the area’s air quality as of the attainment date, whether the area attained the standard by that date. “(2) Upon making the determination under paragraph (1), the Administrator shall publish a notice in the Federal Register containing such determination and identifying each area that the Administrator has determined to have failed to attain. The Administrator may revise or supplement such determination at any time based on more complete information or analysis concerning the area’s air quality as of the attainment date. “(d) Consequences for Failure To Attain.— (1) Within 1 year after the Administrator publishes the notice under subsection (c)(2) (relating to notice of failure to attain), each State containing a nonattainment area shall submit a revision to the applicable implementation plan meeting the requirements of paragraph (2) of this subsection. “(2) The revision required under paragraph (1) shall meet the requirements of section 110 and section 172. In addition, the revision shall include such additional measures as the Administrator may reasonably prescribe, including all measures that can be feasibly implemented in the area in light of technological achievability, costs, and any nonair quality and other air quality-related health and environmental impacts. “(3) The attainment date applicable to the revision required under paragraph (1) shall be the same as provided in the provisions of section 172(a)(2), except that in applying such provisions the phrase ‘from the date of the notice under section 179(c)(2)’ shall be substituted for the phrase ‘from the date such area was designated nonattainment under section 107(d)’ and for the phrase ‘from the date of designation as nonattainmen’.”. (h) Federal Implementation Plans.— Section 110(c)(1) of the Clean Air Act (42 U.S.C. 7410(c)) is amended to read as follows: “(1) The Administrator shall promulgate a Federal implementation plan at any time within 2 years after the Administrator— 104 STAT. 2423 “(A) finds that a State has failed to make a required submission or finds that the plan or plan revision submitted by the State does not satisfy the minimum criteria established under section 110(k)(1)(A), or “(B) disapproves a State implementation plan submission in whole or in part, unless the State corrects the deficiency, and the Administrator approves the plan or plan revision, before the Administrator promulgates such Federal implementation plan.”.