‘‘(A) determines that any area is a down-
wind area with respect to a particular national 
ambient air quality standard for ozone; 
‘‘(B) approves a plan revision for such 
area as provided in paragraph (3) prior to a re-
classification under subsection (b)(2)(A); and 
‘‘(C) determines that the petitioning down-
wind area has demonstrated that it is affected 
by transport from an upwind area to a degree 
that affects the area’s ability to attain, 
the Administrator, in lieu of such reclassification, 
may extend the attainment date for such downwind 
area for such standard in accordance with paragraph 
(5). 
‘‘(3) APPROVAL.—In order to extend the attain-
ment date for a downwind area under this sub-
section, the Administrator may approve a revision of 
the applicable implementation plan for the downwind 
area for such standard that—
‘‘(A) complies with all requirements of this 
Act applicable under the current classification 
of the downwind area, including any require-
ments applicable to the area under section 
172(c) for such standard;
‘‘(B) includes any additional measures 
needed to demonstrate attainment by the ex-
tended attainment date provided under this 
subsection, and provides for implementation of 
those measures as expeditiously as practicable; 
and 
‘‘(C) provides appropriate measures to en-
sure that no area downwind of the area receiv-
ing the extended attainment date will be af-
fected by transport to a degree that affects the 
area’s ability to attain, from the area receiving 
the extension. 
‘‘(4) PRIOR
RECLASSIFICATION
DETERMINA-
TION.—If, after April 1, 2003, and prior to the time 
the 1-hour ozone standard no longer applies to a 
downwind area, the Administrator made a reclassi-
fication determination under subsection (b)(2)(A) 
for such downwind area, and the Administrator ap-
proves a plan consistent with subparagraphs (A) and 
(B) for such area, the reclassification shall be with-
drawn and, for purposes of implementing the 8-hour 
ozone national ambient air quality standard, the 
area shall be treated as if the reclassification never 
occurred. Such plan must be submitted no later than
12 months following enactment of this subsection, 
and—
‘‘(A) the plan revision for the downwind 
area must comply with all control and planning 
requirements of this Act applicable under the 
classification that applied immediately prior to 
reclassification, including any requirements ap-
plicable to the area under section 172(c) for 
such standard; and 
‘‘(B) the plan must include any additional 
measures needed to demonstrate attainment no 
later than the date on which the last reductions 
in pollution transport that have been found by 
the Administrator to significantly contribute to 
nonattainment are required to be achieved by 
the upwind area or areas. 
The attainment date extended under this subsection 
shall provide for attainment of such national ambi-
ent air quality standard for ozone in the downwind 
area as expeditiously as practicable but no later than 
the end of the first complete ozone season following 
the date on which the last reductions in pollution 
transport that have been found by the Administrator 
to significantly contribute to nonattainment are re-
quired to be achieved by the upwind area or areas.
‘‘(5) EXTENDED DATE.—The attainment date 
extended under this subsection shall provide for at-
tainment of such national ambient air quality stand-
ard for ozone in the downwind area as expeditiously 
as practicable but no later than the new date that 
the area would have been subject to had it been re-
classified under subsection (b)(2). 
‘‘(6) RULEMAKING.—Within 12 months after 
the enactment of this subsection, the Administrator 
shall, through notice and comment, promulgate rules 
to define the term ‘affected by transport to a degree 
that affects an areas ability to attain’ in order to en-
sure that downwind areas are not unjustly penalized, 
and for purposes of paragraphs (2) and (3) of this 
subsection.’’. 
SEC. 109. REBATES FOR SALES OF ROYALTY-IN-KIND OIL TO 
QUALIFIED SMALL REFINERIES. 
(a) REQUIREMENT.—The Secretary of the Interior 
shall issue and begin implementing regulations by not 
later than 60 days after the date of the enactment of this 
Act, under which the Secretary of the Interior shall pay 
to a qualified small refinery a rebate for any sale to the 
qualified small refinery of crude oil obtained by the United 
States as royalty-in-kind.