113 
effect on ambient air quality of any emissions of any air pol-
lutant for which the Administrator has established a NAAQS; 
and 
(ii) the submission, on request, of data related to such air 
quality modeling to the Administrator; 
(L) require the owner or operator of each major stationary 
source to pay to the permitting authority, as a condition of any 
permit required under this division, a fee under an approved fee 
program under subdivision 6; and 
(M) provide for consultation and participation by local political 
subdivisions affected by the plan. 
(4) PLAN REVISION.— 
(A) REVIEW.—As soon as practicable, the Administrator shall, 
consistent with the purposes of this division and the Energy Sup-
ply and Environmental Coordination Act of 1974 (15 U.S.C. 791 
et seq.), review each State’s applicable implementation plans and 
report to the State on whether the plans can be revised in relation 
to fuel burning stationary sources (or persons supplying fuel to 
such sources) without interfering with the attainment and mainte-
nance of any NAAQS within the period permitted in this section. 
If the Administrator determines that any such plan can be revised, 
the Administrator shall notify the State that a plan revision may 
be submitted by the State. Any plan revision that is submitted by 
the State shall, after public notice and opportunity for public hear-
ing, be approved by the Administrator if the revision relates only 
to fuel burning stationary sources (or persons supplying fuel to 
such sources), and the plan as revised complies with paragraph 
(3). The Administrator shall approve or disapprove any revision 
not later than 3 months after its submission. 
(B) LIMITATION.—Neither the State, in the case of a plan (or 
portion thereof) approved under this subsection, nor the Adminis-
trator, in the case of a plan (or portion thereof) promulgated 
under subsection (c), shall be required to revise an applicable im-
plementation plan because 1 or more suspensions under subsection 
(d) or (e) or exemptions under section 211118 of this title have 
been granted, if the plan would have met the requirements of this 
section if no such suspension or exemption had been granted. 
(5) INDIRECT SOURCE REVIEW PROGRAMS.— 
(A) DEFINITIONS.—In this paragraph: 
(i) INDIRECT SOURCE.— 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
114 
(I) IN GENERAL.—The term ‘‘indirect source’’ means 
a facility, building, structure, installation, real property, 
road, or highway that attracts, or may attract, mobile 
sources of pollution. 
(II) INCLUSIONS.—The term ‘‘indirect source’’ in-
cludes a parking lot, parking garage, or other facility 
subject to any measure for management of parking sup-
ply (within the meaning of subsection (c)(2)(A)(i)), in-
cluding regulation of existing off-street parking. 
(III) EXCLUSIONS.—The term ‘‘indirect source’’ does 
not include— 
(aa) new or existing on-street parking; or 
(bb) a direct emission source or facility at, within, 
or associated with a source described in subclause 
(I) or (II). 
(ii) INDIRECT SOURCE REVIEW PROGRAM.—The term ‘‘indi-
rect source review program’’ means the facility-by-facility re-
view of indirect sources of air pollution, including such meas-
ures as are necessary to ensure, or assist in ensuring, that 
a new or modified indirect source will not attract mobile 
sources of air pollution, the emissions from which would cause 
or contribute to air pollution concentrations— 
(I) exceeding any primary NAAQS for a mobile 
source-related air pollutant after the primary standard 
attainment date; or 
(II) preventing maintenance of any such standard 
after that date. 
(B) INCLUSION IN STATE IMPLEMENTATION PLAN.— 
(i) IN GENERAL.—Any State may include in a State imple-
mentation plan, but the Administrator may not require as a 
condition of approval of such a plan under this section, any 
indirect source review program. 
(ii) APPROVAL
AND
ENFORCEMENT
BY
THE
ADMINIS-
TRATOR.—The Administrator may approve and enforce, as 
part of an applicable implementation plan, an indirect source 
review program that the State chooses to adopt and submit 
as part of its plan. 
(iii) REVISION.—Any State may revise an applicable imple-
mentation plan approved under this subsection to suspend or 
revoke an indirect source review program included in the 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
115 
plan, provided that the plan meets the requirements of this 
section. 
(C) PLANS PROMULGATED BY THE ADMINISTRATOR.— 
(i) IN GENERAL.—Except as provided in clause (ii), no plan 
promulgated by the Administrator shall include any indirect 
source review program for any air quality control region, or 
portion thereof. 
(ii) FEDERALLY ASSISTED OR FEDERALLY OWNED OR OP-
ERATED SOURCES.—The Administrator may promulgate, im-
plement, and enforce regulations under subsection (c) respect-
ing indirect source review programs that apply only to feder-
ally assisted highways, airports, and other major federally as-
sisted indirect sources and federally owned or operated indi-
rect sources. 
(b) EXTENSION OF PERIOD FOR SUBMISSION OF PLANS.—The Adminis-
trator may, wherever the Administrator determines it to be necessary, ex-
tend the period for submission of any plan or portion thereof that imple-
ments a secondary NAAQS for a period not to exceed 18 months after the 
date otherwise required for submission of the plan. 
(c) FEDERAL IMPLEMENTATION PLANS.— 
(1) PROMULGATION.—The Administrator shall promulgate a Federal 
implementation plan at any time within 2 years after the Adminis-
trator— 
(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 subsection 
(i)(1)(A); or 
(B) disapproves a State implementation plan submission in 
whole or in part; 
unless the State corrects the deficiency, and the Administrator ap-
proves the plan or plan revision, before the Administrator promulgates 
the Federal implementation plan. 
(2) PARKING SURCHARGE REGULATION.— 
(A) DEFINITIONS.—In this paragraph: 
(i) MANAGEMENT OF PARKING SUPPLY.—The term ‘‘man-
agement of parking supply’’ includes any requirement pro-
viding that any new facility containing a given number of 
parking spaces shall receive a permit or other prior approval, 
issuance of which is to be conditioned on air quality consider-
ations. 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS
116 
(ii) PARKING SURCHARGE REGULATION.—The term ‘‘park-
ing surcharge regulation’’ means a regulation imposing or re-
quiring the imposition of any tax, surcharge, fee, or other 
charge on parking spaces, or any other area used for the tem-
porary storage of motor vehicles. 
(iii) PREFERENTIAL BUS/CARPOOL LANE.—The term ‘‘pref-
erential bus/carpool lane’’ includes any requirement for the 
setting aside of 1 or more lanes of a street or highway on a 
permanent or temporary basis for the exclusive use of buses 
or carpools, or both. 
(B) NO REQUIREMENT BY THE ADMINISTRATOR.— 
(i) FEDERAL IMPLEMENTATION PLAN.—No parking sur-
charge regulation may be required by the Administrator 
under paragraph (1) as a part of an applicable implementa-
tion plan. All parking surcharge regulations previously re-
quired by the Administrator are void. 
(ii) STATE
IMPLEMENTATION
PLAN.—The Administrator 
may not condition approval of any implementation plan sub-
mitted by a State on the plan’s including a parking surcharge 
regulation. 
(iii) REQUIREMENT BY A STATE.—This subparagraph shall 
not preclude the Administrator from approving a parking sur-
charge regulation if it is adopted and submitted by a State 
as part of an applicable implementation plan. 
(C) MANAGEMENT OF PARKING SUPPLY; PREFERENTIAL BUS/ 
CARPOOL LANES.—No standard, plan, or requirement, relating to 
management of parking supply or preferential bus/carpool lanes 
shall be promulgated after June 22, 1974, by the Administrator 
pursuant to this section unless the promulgation has been sub-
jected to a public hearing held in the affected area for which rea-
sonable notice has been given in that area. If substantial changes 
are made after public hearing, 1 or more additional hearings shall 
be held in the area after such notice. 
(3) DELEGATION OF AUTHORITY.—On application of the chief execu-
tive officer of any general purpose unit of local government, if the Ad-
ministrator determines that the unit has adequate authority under 
State or local law, the Administrator may delegate to the unit the au-
thority to implement and enforce within the jurisdiction of the unit any 
part of a plan promulgated under this subsection. Nothing in this para-
graph precludes the Administrator from implementing or enforcing any 
applicable provision of a plan promulgated under this subsection. 
VerDate Sep 11 2014 
03:35 Jun 19, 2015
Jkt 049200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6221
E:\BILLS\H2834.IH
H2834
smartinez on DSK4TPTVN1PROD with BILLS