109 
(2) SECONDARY
NAAQSES.—Any secondary NAAQS promulgated 
under subsection (a) shall specify a level of air quality the attainment 
and maintenance of which, in the judgment of the Administrator, based 
on such criteria, is requisite to protect the public welfare from any 
known or anticipated adverse effects associated with the presence of an 
air pollutant in the ambient air. The secondary NAAQSes may be re-
vised in the same manner as promulgated. 
(c) PRIMARY NAAQS FOR NITROGEN DIOXIDE.—The Administrator shall 
promulgate a primary NAAQS for nitrogen dioxide concentrations over a 
period of not more than 3 hours unless, based on the criteria issued under 
section 211108(c) of this title, the Administrator finds that there is no sig-
nificant evidence that such a standard for such a period is requisite to pro-
tect public health. 
(d) REVIEW OF CRITERIA AND STANDARDS.— 
(1) IN GENERAL.— 
(A) 5-YEAR INTERVALS.—At 5-year intervals, the Administrator 
shall— 
(i) complete a thorough review of the criteria published 
under section 211108 of this title and the NAAQSes promul-
gated under this section; and 
(ii) make such revisions in the criteria and standards and 
promulgate such new standards as may be appropriate in ac-
cordance with section 211108 of this title and subsection (b). 
(B) MORE FREQUENT INTERVALS.—The Administrator may re-
view and revise criteria or promulgate new standards more fre-
quently than required under this paragraph. 
(2) SCIENTIFIC REVIEW COMMITTEE.— 
(A) APPOINTMENT.—The Administrator shall appoint an inde-
pendent scientific review committee composed of 7 members, in-
cluding at least 1 member of the National Academy of Sciences, 
1 physician, and 1 person representing State air pollution control 
agencies. 
(B) REVIEW.—At 5-year intervals, the scientific review com-
mittee shall— 
(i) complete a review of the criteria published under section 
211108 of this title and the primary and secondary NAAQSes 
promulgated under this section; and 
(ii) recommend to the Administrator any new NAAQSes 
and revisions of existing criteria and standards as may be ap-
propriate under section 211108 of this title and subsection 
(b). 
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(C) OTHER DUTIES.—The scientific review committee shall— 
(i) advise the Administrator of areas in which additional 
knowledge is required to appraise the adequacy and basis of 
existing, new, or revised NAAQSes; 
(ii) describe the research efforts necessary to provide the 
required information; 
(iii) advise the Administrator on the relative contribution to 
air pollution concentrations of natural activity and anthropo-
genic activity; and 
(iv) advise the Administrator of any adverse public health, 
welfare, social, economic, or energy effects that may result 
from various strategies for attainment and maintenance of 
NAAQSes. 
§ 211110. State implementation plans 
(a) ADOPTION OF PLAN OR PLANS.— 
(1) PRIMARY NAAQSES.—Each State shall, after reasonable notice 
and public hearings, adopt and submit to the Administrator, within 3 
years (or such shorter period as the Administrator may prescribe) after 
the promulgation of a primary NAAQS (or any revision thereof) under 
section 211109 of this title for any air pollutant, a plan that provides 
for implementation, maintenance, and enforcement of the primary 
standard in each air quality control region (or portion thereof) within 
the State. 
(2) SECONDARY NAAQSES.— 
(A) IN GENERAL.—Each State shall, after reasonable notice and 
public hearings, adopt and submit to the Administrator (either as 
a part of a plan submitted under paragraph (1) or separately) 
within 3 years (or such shorter period as the Administrator may 
prescribe) after the promulgation of a secondary NAAQS (or revi-
sion thereof), a plan that provides for implementation, mainte-
nance, and enforcement of the secondary standard in each air 
quality control region (or portion thereof) within the State. 
(B) PUBLIC HEARING.—Unless a separate public hearing is pro-
vided, each State shall consider its plan implementing a secondary 
standard at the hearing required by paragraph (1). 
(3) CONTENTS.—Each State implementation plan shall— 
(A) include enforceable emission limitations and other control 
measures, means, or techniques (including economic incentives 
such as fees, marketable permits, and auctions of emissions 
rights), and schedules and timetables for compliance, as may be 
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necessary or appropriate to meet the applicable requirements of 
this division; 
(B) provide for establishment and operation of appropriate de-
vices, methods, systems, and procedures necessary to— 
(i) monitor, compile, and analyze data on ambient air qual-
ity; and 
(ii) on request, make the data available to the Adminis-
trator; 
(C) include a program to provide for— 
(i) enforcement of the measures described in subparagraph 
(A); and 
(ii) regulation of the modification and construction of any 
stationary source within the areas covered by the plan as nec-
essary to ensure that NAAQSes are achieved, including a per-
mit program as required in chapters 213 and 215; 
(D) contain adequate provisions— 
(i) prohibiting, consistent with this subdivision, any source 
or other type of emission activity within the State from emit-
ting any air pollutant in amounts that will— 
(I) contribute significantly to nonattainment in, or 
interfere with maintenance by, any other State with re-
spect to any such primary or secondary NAAQS; or 
(II) interfere with measures required to be included in 
the applicable implementation plan for any other State 
under chapter 213 to prevent significant deterioration of 
air quality or to protect visibility; 
(ii) ensuring compliance with the applicable requirements 
of sections 211115 and 211125 of this title; 
(E) provide— 
(i) necessary assurances that the State (or, except where 
the Administrator considers inappropriate, the general pur-
pose local government or governments, or a regional agency 
designated by the State or general purpose local governments 
for the purpose)— 
(I) will have adequate personnel, funding, and author-
ity under State (and, as appropriate, local) law to carry 
out the implementation plan; and 
(II) is not prohibited by any Federal or State law 
from carrying out the implementation plan or portion 
thereof); 
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(ii) requirements that the State comply with the require-
ments respecting State boards under section 211127 of this 
title; and 
(iii) necessary assurances that, where the State has relied 
on a local or regional government, agency, or instrumentality 
for the implementation of any plan provision, the State has 
responsibility for ensuring adequate implementation of the 
plan provision; 
(F) require, as may be prescribed by the Administrator— 
(i) the installation, maintenance, and replacement of equip-
ment, and the implementation of other necessary steps, by 
owners or operators of stationary sources to monitor emis-
sions from stationary sources; 
(ii) periodic reports on the nature and amounts of emis-
sions and emissions-related data from such sources; and 
(iii) correlation of such reports by the State agency with 
any emission limitations or standards established pursuant to 
this division, which reports shall be available at reasonable 
times for public inspection; 
(G) provide for authority comparable to that in section 203103 
of this title and adequate contingency plans to implement that au-
thority; 
(H) provide for revision of the plan— 
(i) from time to time as may be necessary to take account 
of revisions of the primary or secondary NAAQS or the avail-
ability of improved or more expeditious methods of attaining 
the NAAQS; and 
(ii) except as provided in paragraph (4)(B), whenever the 
Administrator finds on the basis of information available to 
the Administrator that the plan is substantially inadequate to 
attain the NAAQS that it implements or to otherwise comply 
with any additional requirements established under this divi-
sion; 
(I) in the case of a plan or plan revision for an area designated 
as a nonattainment area, meet the applicable requirements of 
chapter 215; 
(J) meet the applicable requirements of sections 211120 and 
211126 of this title and chapter 213; 
(K) provide for— 
(i) the performance of such air quality modeling as the Ad-
ministrator may prescribe for the purpose of predicting the 
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