(A) shall be capable of recommending to the Governors plans 
for implementation of primary and secondary NAAQSes; and 
(B) shall include representation from the States and appropriate 
political subdivisions within the air quality control region. 
(b) SUBSEQUENT YEARS.—After the initial 2-year period, the Adminis-
trator may make grants to a commission or agency described in subsection 
(a) in an amount up to 3⁄5 of the air quality implementation program costs 
of the commission or agency. 
§ 211107. Air quality control regions 
(a) STATE RESPONSIBILITY.—Each State shall have the primary respon-
sibility for ensuring air quality within the entire geographic area comprising 
the State by submitting an implementation plan for the State that specifies 
the manner in which primary and secondary NAAQSes will be achieved and 
maintained within each air quality control region in the State. 
(b) DESIGNATED AIR QUALITY CONTROL REGIONS.—For purposes of de-
veloping and carrying out State implementation plans under section 211110 
of this title— 
(1) an air quality control region designated under this section before 
December 31, 1970, or a region designated after that date under sub-
section (c), shall be an air quality control region; and 
(2) the portion of a State that is not part of any such designated 
region shall be an air quality control region, but that portion may be 
subdivided by the State into 2 or more air quality control regions with 
the approval of the Administrator. 
(c) DESIGNATION BY THE ADMINISTRATOR.—After consultation with ap-
propriate State and local authorities, the Administrator shall designate as 
an air quality control region any interstate area or major intrastate area 
that the Administrator considers necessary or appropriate for the attain-
ment and maintenance of ambient air quality standards. The Administrator 
shall immediately notify the Governors of the affected States of any designa-
tion made under this subsection. 
(d) DESIGNATIONS.— 
(1) DESIGNATIONS GENERALLY.— 
(A) SUBMISSION
BY
GOVERNORS
OF
INITIAL
DESIGNATIONS 
FOLLOWING PROMULGATION OF NEW OR REVISED STANDARDS.— 
(i) IN GENERAL.—By such date as the Administrator may 
reasonably require, but not later than 1 year after promulga-
tion of a new or revised NAAQS for any pollutant under sec-
tion 211109 of this title, the Governor of each State shall 
(and at any other time the Governor of a State considers ap-
propriate the Governor may) submit to the Administrator a 
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list of all areas (or portions thereof) in the State, designating 
as— 
(I) nonattainment, any area that does not meet (or 
that contributes to ambient air quality in a nearby area 
that does not meet) the primary or secondary NAAQS 
for the pollutant; 
(II) attainment, any area (other than an area identi-
fied in subclause (I)) that meets the primary or sec-
ondary NAAQS for the pollutant; or 
(III) unclassifiable, any area that cannot be classified 
on the basis of available information as meeting or not 
meeting the primary or secondary NAAQS for the pollut-
ant. 
(ii) TIMING.—The Administrator may not require a Gov-
ernor to submit a list required under clause (i) sooner than 
120 days after promulgating a new or revised NAAQS. 
(B) PROMULGATION
OF
DESIGNATIONS
BY
THE
ADMINIS-
TRATOR.— 
(i) IN
GENERAL.—On promulgation or revision of a 
NAAQS, the Administrator shall promulgate the designations 
of all areas (or portions thereof) submitted under subpara-
graph (A) as expeditiously as practicable, but in no case later 
than 2 years after the date of promulgation of the new or re-
vised NAAQS. The 2-year period may be extended for up to 
1 year if the Administrator has insufficient information to 
promulgate the designations. 
(ii) MODIFICATIONS.—In making the promulgations re-
quired under clause (i), the Administrator may make such 
modifications as the Administrator considers necessary to the 
designations of the areas (or portions thereof) submitted 
under subparagraph (A)(i) (including to the boundaries of the 
areas or portions thereof). Whenever the Administrator in-
tends to make a modification, the Administrator shall notify 
the State and provide the State with an opportunity to dem-
onstrate why any proposed modification is inappropriate. The 
Administrator shall give the notification not later than 120 
days before the date the Administrator promulgates the des-
ignation, including any modification to the designation. If the 
Governor fails to submit the list in whole or in part, as re-
quired under subparagraph (A), the Administrator shall pro-
mulgate the designation that the Administrator considers ap-
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propriate for any area (or portion thereof) not designated by 
the State. 
(iii) SUBMISSION OF LIST ON GOVERNOR’S OWN MOTION.— 
If the Governor of any State, on the Governor’s own motion, 
submits a list of areas (or portions thereof) in the State des-
ignated as nonattainment, attainment, or unclassifiable, the 
Administrator shall act on the designations in accordance 
with the procedures under paragraph (3). 
(iv) EFFECTIVE PERIOD.—A designation for an area (or 
portion thereof) made pursuant to this subsection shall re-
main in effect until the area (or portion thereof) is redesig-
nated pursuant to paragraph (3) or (4). 
(C) DESIGNATIONS BY OPERATION OF LAW.— 
(i) NONATTAINMENT.—Any area designated with respect to 
any air pollutant under subparagraph (A), (B), or (C) of sec-
tion 107(d)(1) of the Clean Air Act (42 U.S.C. 7407(d)(1)) 
(as in effect on November 14, 1990) is designated, by oper-
ation of law, as a nonattainment area for that air pollutant 
within the meaning of subparagraph (A)(i)(I). 
(ii) ATTAINMENT.—Any area designated with respect to 
any air pollutant under subparagraph (E) of section 
107(d)(1) of the Clean Air Act (42 U.S.C. 7407(d)(1)) (as 
in effect on November 14, 1990) is designated by operation 
of law, as an attainment area for that air pollutant within the 
meaning of subparagraph (A)(i)(II). 
(iii) UNCLASSIFIABLE.—Any area designated with respect 
to any air pollutant under subparagraph (D) of section 
107(d)(1) of the Clean Air Act (42 U.S.C. 7407(d)(1)) (as 
in effect on November 14, 1990) is designated, by operation 
of law, as an unclassifiable area for that air pollutant within 
the meaning of subparagraph (A)(i)(III). 
(2) PUBLICATION OF DESIGNATIONS AND REDESIGNATIONS.— 
(A) NOTICE.—The Administrator shall publish a notice in the 
Federal Register promulgating any designation under paragraph 
(1) or (5), announcing any designation under paragraph (4), or 
promulgating any redesignation under paragraph (3). 
(B) NONAPPLICABILITY OF OTHER LAW.—Promulgation or an-
nouncement of a designation under paragraph (1), (4) or (5) shall 
not be subject to sections 553 to 557 of title 5, except that noth-
ing in this subparagraph shall be construed as precluding such 
public notice and comment whenever possible. 
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(3) REDESIGNATION.— 
(A) NOTIFICATION.—Subject to subparagraph (E), on the basis 
of air quality data, planning and control considerations, or any 
other air quality-related considerations that the Administrator con-
siders appropriate, the Administrator may at any time publicly no-
tify the Governor of any State that available information indicates 
that the designation of any area or portion of an area within the 
State or interstate area should be revised. In issuing such a notifi-
cation to the Governor, the Administrator shall provide such infor-
mation as the Administrator may have available explaining the 
basis for the notification. 
(B) SUBMISSION OF REDESIGNATION.—Not later than 120 days 
after receiving a notification under subparagraph (A), the Gov-
ernor shall submit to the Administrator such redesignation, if any, 
of the appropriate area (or areas) or portion thereof within the 
State or interstate area, as the Governor considers appropriate. 
(C) PROMULGATION OF REDESIGNATION.—Not later than 120 
days after the date described in subparagraph (B) (or paragraph 
(1)(B)(iii)), the Administrator shall promulgate the redesignation, 
if any, of the area or portion thereof, submitted by the Governor 
in accordance with subparagraph (B), making such modifications 
as the Administrator considers necessary, in the same manner and 
under the same procedure as is applicable under clause (ii) of 
paragraph (1)(B), except that ‘‘60 days’’ shall be substituted for 
‘‘120 days’’ in that clause. If the Governor does not submit, in ac-
cordance with subparagraph (B), a redesignation for an area (or 
portion thereof) identified by the Administrator under subpara-
graph (A), the Administrator shall promulgate such redesignation, 
if any, as the Administrator considers appropriate. 
(D) REDESIGNATION ON GOVERNOR’S OWN MOTION.—The Gov-
ernor of any State may, on the Governor’s own motion, submit to 
the Administrator a revised designation of any area or portion 
thereof within the State. Within 18 months after receipt of a com-
plete State redesignation submittal, the Administrator shall ap-
prove or deny the redesignation. The submission of a redesignation 
by a Governor shall not affect the effectiveness or enforceability 
of the applicable State implementation plan. 
(E) REDESIGNATION OF NONATTAINMENT TO ATTAINMENT.— 
The Administrator may not promulgate a redesignation of a non-
attainment area (or portion thereof) to attainment unless— 
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100 
(i) the Administrator determines that the area has attained 
the NAAQS; 
(ii) the Administrator has fully approved the applicable 
State implementation plan for the area under section 
211110(i) of this title; 
(iii) the Administrator determines that the improvement in 
air quality is due to permanent and enforceable reductions in 
emissions resulting from implementation of the applicable 
State implementation plan and applicable Federal air pollut-
ant control regulations and other permanent and enforceable 
reductions; 
(iv) the Administrator has fully approved a maintenance 
plan for the area as meeting the requirements of section 
215106 of this title; and 
(v) the State containing the area has met all requirements 
applicable to the area under section 211110 of this title and 
chapter 215. 
(F) 
NO
REDESIGNATION
FROM
NONATTAINMENT
TO 
UNCLASSIFIABLE.—The Administrator shall not promulgate any 
redesignation of any area (or portion thereof) from nonattainment 
to unclassifiable. 
(4) NONATTAINMENT
DESIGNATIONS
FOR
OZONE, CARBON
MON-
OXIDE, AND PARTICULATE MATTER (PM–10).— 
(A) OZONE AND CARBON MONOXIDE.— 
(i) SUBMISSIONS BY GOVERNORS.—The Governor of each 
State shall submit to the Administrator a list that designates, 
affirms or reaffirms the designation of, or redesignates all 
areas (or portions thereof) of the Governor’s State as attain-
ment, nonattainment, or unclassifiable with respect to the 
NAAQSes for ozone and carbon monoxide. 
(ii) PROMULGATION.—The Administrator shall promulgate 
the designations required under clause (i), making such modi-
fications as the Administrator considers necessary, in the 
same manner and under the same procedure as is applicable 
under clause (ii) of paragraph (1)(B), except that ‘‘60 days’’ 
shall be substituted for ‘‘120 days’’ in that clause. If the Gov-
ernor does not submit, in accordance with clause (i) of this 
subparagraph, a designation for an area (or portion thereof), 
the Administrator shall promulgate the designation that the 
Administrator considers appropriate. 
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101 
(iii) NO REDESIGNATION AS ATTAINMENT.—No nonattain-
ment area may be redesignated as an attainment area under 
this subparagraph. 
(iv) AREAS CLASSIFIED AS A SERIOUS AREA, SEVERE AREA, 
OR EXTREME AREA.—Notwithstanding paragraph (1)(C)(ii), 
if an ozone or carbon monoxide nonattainment area located 
within a metropolitan statistical area or consolidated metro-
politan statistical area (as established by the Bureau of the 
Census) is classified under chapter 215 as a serious area, se-
vere area, or extreme area, the boundaries of the area are re-
vised (on the date that is 45 days after such classification) 
by operation of law to include the entire metropolitan statis-
tical area or consolidated metropolitan statistical area, as the 
case may be, unless within that 45-day period the Governor 
(in consultation with State and local air pollution control 
agencies) notifies the Administrator that additional time is 
necessary to evaluate the application of clause (v). When a 
Governor has submitted such a notice to the Administrator, 
the boundary revision shall occur on the date that is 8 
months after the date of the classification unless the Gov-
ernor makes the finding described in clause (v), and the Ad-
ministrator concurs in the finding, within that period. Except 
as otherwise provided in this paragraph, a boundary revision 
under this clause or clause (v) shall apply for purposes of any 
State implementation plan revision. 
(v) EXCLUSION OF PORTION OF AREA.—Whenever the Gov-
ernor of a State has submitted a notice under clause (iv), the 
Governor, in consultation with State and local air pollution 
control agencies, shall undertake a study to evaluate whether 
the entire metropolitan statistical area or consolidated metro-
politan statistical area should be included within the non-
attainment area. Whenever a Governor finds and dem-
onstrates to the satisfaction of the Administrator, and the 
Administrator concurs in the finding, that with respect to a 
portion of a metropolitan statistical area or consolidated met-
ropolitan statistical area, sources in the portion do not con-
tribute significantly to violation of the NAAQS, the Adminis-
trator shall approve the Governor’s request to exclude that 
portion from the nonattainment area. In making the finding, 
the Governor and the Administrator shall consider factors 
such as population density, traffic congestion, commercial de-
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102 
velopment, industrial development, meteorological conditions, 
and pollution transport. 
(B) PM–10 DESIGNATIONS.— 
(i) IN GENERAL.—By operation of law, until redesignation 
by the Administrator pursuant to paragraph (3)— 
(I) each area identified in 52 Fed. Reg. 29383 (Au-
gust 7, 1987) as a Group I area (except to the extent 
that such identification was modified by the Adminis-
trator before November 15, 1990) is designated non-
attainment for PM–10; 
(II) any area containing a site for which air quality 
monitoring data show a violation of the NAAQS for PM– 
10 before January 1, 1989 (as determined under part 
50, appendix K of title 40, Code of Federal Regulations), 
is designated nonattainment for PM–10; and 
(III) each area not described in subclause (I) or (II) 
is designated unclassifiable for PM–10. 
(ii) CONTINUANCE
IN
EFFECT
OF
CERTAIN
DESIGNA-
TIONS.—Any designation for particulate matter (measured in 
terms of total suspended particulates) that the Administrator 
promulgated pursuant to section 107(d) of the Clean Air Act 
(42 U.S.C. 7407(d)) (as in effect on November 14, 1990) 
shall remain in effect for purposes of implementing the max-
imum allowable increases in concentrations of particulate 
matter (measured in terms of total suspended particulates) 
pursuant to section 213105(b) of this title, until the Adminis-
trator determines that such designation is no longer necessary 
for that purpose. 
(5) DESIGNATIONS FOR LEAD.—The Administrator may, at any time 
that the Administrator considers appropriate, require a State to des-
ignate areas (or portions thereof) with respect to the NAAQS for lead 
in effect as of November 15, 1990, in accordance with the procedures 
under subparagraphs (A) and (B) of paragraph (1), except that in ap-
plying subparagraph (B)(i) of paragraph (1), the phrase ‘‘2 years after 
the date of promulgation of the new or revised NAAQS’’ shall be re-
placed by the phrase ‘‘1 year after the date on which the Administrator 
notifies the State of the requirement to designate areas with respect 
to the NAAQS for lead’’. 
(6) DESIGNATIONS FOR JULY 1997 PM2.5 NAAQS.— 
(A) SUBMISSION.—Notwithstanding any other provision of law, 
the Governor of each State shall submit designations described in 
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103 
paragraph (1) for the July 1997 PM2.5 NAAQSes for each area 
within the State, based on air quality monitoring data collected in 
accordance with any applicable Federal reference methods for the 
relevant areas. 
(B) PROMULGATION.—Notwithstanding any other provision of 
law, the Administrator shall, consistent with paragraph (1), pro-
mulgate the designations described in subparagraph (A) for each 
area of each State for the July 1997 PM2.5 NAAQSes. 
(7) IMPLEMENTATION PLAN FOR REGIONAL HAZE.— 
(A) IN GENERAL.—Notwithstanding any other provision of law, 
not later than 3 years after the date on which the Administrator 
promulgates the designations described in paragraph (6)(B) for a 
State, the State shall submit, for the entire State, the State imple-
mentation plan revisions to meet the requirements promulgated by 
the Administrator under section 213202(e)(1) of this title (re-
ferred to in this paragraph as ‘‘regional haze requirements’’). 
(B) NO PRECLUSION OF OTHER PROVISIONS.—Nothing in this 
paragraph precludes the implementation of the agreements and 
recommendations stemming from the Grand Canyon Visibility 
Transport Commission Report dated June 1996, including the 
submission of State implementation plan revisions by the States 
of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Or-
egon, Utah, or Wyoming for implementation of regional haze re-
quirements applicable to those States. 
(e) REDESIGNATION OF AIR QUALITY CONTROL REGIONS.— 
(1) IN GENERAL.—Except as otherwise provided in paragraph (2), 
the Governor of each State may, with the approval of the Adminis-
trator, redesignate from time to time the air quality control regions 
within the State for purposes of efficient and effective air quality man-
agement. On such redesignation, the list under subsection (d) shall be 
modified accordingly. 
(2) SIGNIFICANT EFFECT ON AIR POLLUTION CONCENTRATIONS IN 
ANOTHER STATE.—In the case of an air quality control region in a 
State, or part of an air quality control region, that the Administrator 
finds may significantly affect air pollution concentrations in another 
State, the Governor of the State in which that region or part of a re-
gion is located may redesignate from time to time the boundaries of 
so much of the air quality control region as is located within that State 
only with the approval of the Administrator and with the consent of 
all Governors of all States that the Administrator determines may be 
significantly affected. 
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104 
§ 211108. Air quality criteria and control techniques 
(a) AIR POLLUTANT LIST; AIR QUALITY CRITERIA.— 
(1) AIR POLLUTANT LIST.—For the purpose of establishing primary 
and secondary NAAQSes, the Administrator shall publish and shall 
from time to time revise a list that includes each air pollutant— 
(A) emissions of which, in the Administrator’s judgment, cause 
or contribute to air pollution that may reasonably be anticipated 
to endanger public health or welfare; 
(B) the presence of which in the ambient air results from nu-
merous or diverse mobile or stationary sources; and 
(C) for which air quality criteria had not been issued before De-
cember 31, 1970, but for which the Administrator plans to issue 
air quality criteria under this section. 
(2) AIR QUALITY CRITERIA.— 
(A) IN GENERAL.—The Administrator shall issue air quality cri-
teria for an air pollutant within 12 months after the Adminis-
trator includes the air pollutant in a list under paragraph (1). Air 
quality criteria for an air pollutant shall accurately reflect the lat-
est scientific knowledge useful in indicating the kind and extent 
of all identifiable effects on public health or welfare that may be 
expected from the presence of the pollutant in the ambient air, in 
varying quantities. 
(B) INFORMATION TO BE INCLUDED.—The criteria for an air 
pollutant, to the extent practicable, shall include information on— 
(i) the variable factors (including atmospheric conditions) 
that of themselves or in combination with other factors may 
alter the effects on public health or welfare of the air pollut-
ant; 
(ii) the types of air pollutants that, when present in the at-
mosphere, may interact with the air pollutant to produce an 
adverse effect on public health or welfare; and 
(iii) any known or anticipated adverse effects on welfare. 
(b) AIR POLLUTION CONTROL TECHNIQUES.— 
(1) ISSUANCE OF INFORMATION.— 
(A) IN GENERAL.—Simultaneously with the issuance of criteria 
under subsection (a), the Administrator shall, after consultation 
with appropriate advisory committees and Federal departments 
and agencies, issue to the States and appropriate air pollution con-
trol agencies information on air pollution control techniques. 
(B) INFORMATION TO BE INCLUDED.—The information issued 
under subparagraph (A) shall include— 
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