(1) in subsection (c), by striking ‘‘(c)(1) The 
Administrator’’ and all that follows through the end 
of paragraph (1) and inserting the following: 
‘‘(c) FEDERAL PLANS.— 
‘‘(1) PLANS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), unless the conditions de-
scribed in subparagraph (B) are met, the Ad-
ministrator shall promulgate a Federal imple-
mentation plan at any time after the date that 
is 2 years after the date on which the Adminis-
trator— 
‘‘(i) 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 cri-
teria 
established 
under 
subsection 
(k)(1)(A); or 
‘‘(ii) disapproves a State implementa-
tion plan submission in whole or in part. 
‘‘(B) CONDITIONS.—The conditions de-
scribed in this subparagraph are that, before 
the date on which the Administrator promul-
gates a Federal implementation plan— 
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‘‘(i) a State corrects a deficiency in a 
State implementation plan or plan revision 
submitted by the State; and 
‘‘(ii) the Administrator approves the 
plan or plan revision. 
‘‘(C) VISIBILITY PROTECTION PLANS.—In 
the case of a Federal implementation plan pro-
mulgated after the date of enactment of this 
subparagraph in place of a State implementa-
tion plan under section 169A— 
‘‘(i) the Administrator shall promul-
gate such Federal implementation plan 
only if the Administrator makes a finding 
that the State submitting the State imple-
mentation plan failed to consider the fac-
tors described in paragraphs (1) and (2) of 
section 169A(g) in preparing and submit-
ting the plan; and 
‘‘(ii) compliance with the requirements 
of such Federal implementation plan shall 
not be required earlier than 5 years after 
the date of promulgation.’’; and 
(2) in subsection (k)— 
(A) by striking paragraph (3) and insert-
ing the following: 
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‘‘(3) FULL AND PARTIAL APPROVAL AND DIS-
APPROVAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) through (D), in the case of 
any submission on which the Administrator is 
required to act under paragraph (2), the Ad-
ministrator shall approve the submission as a 
whole if the submission meets all of the applica-
ble requirements of this Act. 
‘‘(B) REVIEW.—In reviewing any State im-
plementation plan submitted pursuant to sec-
tion 169A, the Administrator shall limit the re-
view only to a determination of whether the 
State submitting the State implementation plan 
considered the factors described in paragraphs 
(1) and (2) of section 169A(g) in preparing and 
submitting the plan. 
‘‘(C) VISIBILITY
PLANS.—The Adminis-
trator shall approve as a whole any implementa-
tion plan submitted under section 169A that 
was prepared and submitted after consideration 
of the factors described in paragraphs (1) and 
(2) of section 169A(g). 
‘‘(D) 
PARTIAL
APPROVAL
AND
DIS-
APPROVAL.— 
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‘‘(i) IN GENERAL.—If a portion of a 
plan revision meets all applicable require-
ments of this Act, the Administrator may 
approve the plan revision in part and dis-
approve the plan revision in part. 
‘‘(ii) FULL APPROVAL.—A plan revi-
sion shall not be treated as meeting the re-
quirements of this Act until the Adminis-
trator approves the entire plan revision as 
complying with the applicable requirements 
of this Act.’’; and 
(B) in paragraph (5)— 
(i) in the first sentence, by striking 
‘‘Whenever’’ and inserting the following: 
‘‘(A) IN GENERAL.—Whenever’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) VISIBILITY PLANS.—Notwithstanding 
subparagraph (A), with respect to an implemen-
tation plan or portion of an implementation 
plan approved pursuant to section 169A, the 
Administrator shall only find that such a plan 
or portion of a plan is substantially inadequate 
to meet standards for air pollutants that cause 
or contribute to the impairment of visibility, or 
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any other applicable standard or requirement, 
under that section if the Administrator makes 
a finding that, in preparing the plan, the sub-
mitting State failed to consider the factors de-
scribed in paragraphs (1) and (2) of section 
169A(g). 
‘‘(C) EXISTING VISIBILITY PLANS.— 
‘‘(i) REQUEST FOR REVOCATION.—At 
any time after the date of enactment of 
this subparagraph— 
‘‘(I) a State may request that the 
existing Federal or State implementa-
tion plan for the State regarding visi-
bility or any determination made in 
calendar year 2010 or 2011 of best 
available retrofit technology pursuant 
to section 169A be revoked; and 
‘‘(II) upon receipt of such a re-
quest, the Administrator shall revoke 
the implementation plan. 
‘‘(ii) SUBMISSION
OF
NEW
OR
RE-
VISED
PLAN.—Upon a revocation under 
clause (i)(II), the State that requested the 
revocation shall, within a reasonable period 
of time, submit to the Administrator a visi-
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bility plan or a revised best available ret-
rofit technology determination in accord-
ance with this Act.’’. 
SEC. 3. VISIBILITY PROTECTION FOR FEDERAL CLASS I 
AREAS. 
Section 169A of the Clean Air Act (42 U.S.C. 7491) 
is amended— 
(1) in subsection (b)(2), in the matter pre-
ceding subparagraph (A), by striking ‘‘as may be 
necessary’’ and inserting ‘‘as the State determines, 
at the sole discretion of the State after considering 
factors described in this section and providing ade-
quate opportunity for public comment, may be nec-
essary’’; and 
(2) in subsection (g)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) in determining reasonable progress, there 
shall be taken into consideration— 
‘‘(A) the costs of compliance; 
‘‘(B) the time necessary for compliance; 
‘‘(C) the energy and nonair quality envi-
ronmental impacts of compliance; 
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‘‘(D) the remaining useful life of any exist-
ing source subject to requirements under this 
section; 
‘‘(E) the degree of improvement in visi-
bility that may reasonably be anticipated to re-
sult from measures described in the applicable 
implementation plan; and 
‘‘(F) the economic impacts to the State 
(including people of the State);’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘(2) in determining 
best 
available 
retrofit 
technology 
the 
State’’ and inserting the following: 
‘‘(2) in determining the best available retrofit 
technology— 
‘‘(A) the State’’; 
(ii) in subparagraph (A) (as des-
ignated by clause (i)), by inserting ‘‘the 
economic impacts to the State (including 
people of the State),’’ after ‘‘life of the 
source,’’; 
(iii) by striking ‘‘technology;’’ and in-
serting ‘‘technology; and’’; and 
(iv) by adding at the end the fol-
lowing: 
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‘‘(B) the determination of best available 
retrofit technology by the State for any source 
shall be subject to review by the Administrator 
or an administrative entity or Federal or State 
court only pursuant to a clearly erroneous 
standard of review;’’; and 
(C) in paragraph (4), by striking ‘‘(or the 
date of promulgation of such a plan revision in 
the case of action by the Administrator under 
section 110(c) for purposes of this section)’’. 
Æ 
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