320 
the control of emissions in that State or portion of the State pur-
suant to this section will not significantly contribute to the attain-
ment of the NAAQS for ozone in any area in the interstate trans-
port region. 
(3) PROCEDURE.— 
(A) APPROVAL OR DISAPPROVAL.—The Administrator shall ap-
prove or disapprove a petition or recommendation under subpara-
graph (A) or (B) of paragraph (2) within 18 months after its re-
ceipt. 
(B) PUBLIC PARTICIPATION.—The Administrator shall establish 
appropriate proceedings for public participation regarding motions, 
petitions, and recommendations under subparagraphs (A) and (B) 
of paragraph (2), including notice and comment. 
(4) CONVENING OF COMMISSION.—The Administrator shall convene 
the commission required under section 215108(b) of this title as a re-
sult of the establishment of the interstate transport region. 
(b) PLAN PROVISIONS FOR STATES IN INTERSTATE TRANSPORT REGIONS 
FOR OZONE.— 
(1) IN GENERAL.—In accordance with section 211110 of this title, 
not later than 9 months after the inclusion of a State in an interstate 
transport region for ozone, each State included in the interstate trans-
port region shall submit to the Administrator a State implementation 
plan provision that— 
(A) requires that each area in the State that is a metropolitan 
statistical area or is part of a metropolitan statistical area with 
a 
population 
of 
100,000 
or 
more 
comply 
with 
section 
215203(c)(4)(B) of this title; and 
(B) requires implementation of reasonably available control 
technology with respect to all sources of volatile organic com-
pounds in the State covered by a control technique guideline. 
(2) CONTROL MEASURES.—The Administrator shall complete a study 
identifying control measures capable of achieving emission reductions 
comparable to those achievable through vehicle refueling controls con-
tained in section 215203(b)(4) of this title, and those measures or vehi-
cle refueling controls shall be implemented in accordance with this sec-
tion. Notwithstanding other deadlines in this section, the applicable im-
plementation plan shall be revised to reflect those measures within 1 
year of completion of the study. For purposes of this section, any sta-
tionary source that emits or has the potential to emit at least 50 tons 
per year of volatile organic compounds shall be considered a major sta-
tionary source and subject to the requirements that would be applicable 
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to major stationary sources if the area were classified as a moderate 
area. 
(c) ADDITIONAL CONTROL MEASURES.— 
(1) DEFINITION OF RECEIPT DATE.—In this subsection, the term 
‘‘receipt date’’ means the date on which the Administrator receives rec-
ommendations prepared by a commission pursuant to paragraph (2). 
(2) RECOMMENDATIONS.—On petition of any State within a trans-
port region established for ozone, and based on a majority vote of the 
Governors on the commission (or their designees), the commission may, 
after notice and opportunity for public comment, develop recommenda-
tions for additional control measures to be applied within all or a part 
of the ozone transport region if the commission determines that such 
measures are necessary to bring any area in the ozone transport region 
into attainment by the dates provided by this subchapter. The commis-
sion shall transmit the recommendations to the Administrator. 
(3) NOTICE AND REVIEW.—When the Administrator receives rec-
ommendations prepared by a commission pursuant to paragraph (2), 
the Administrator shall— 
(A) immediately publish in the Federal Register a notice stating 
that the recommendations are available and provide an oppor-
tunity for public hearing within 90 days beginning on the receipt 
date; and 
(B) commence a review of the recommendations to determine 
whether the control measures in the recommendations are nec-
essary to bring any area in the ozone transport region into attain-
ment by the dates provided by this subchapter and are otherwise 
consistent with this division. 
(4) CONSULTATION; CONSIDERATIONS.—In undertaking the review 
required under paragraph (3)(B), the Administrator shall— 
(A) consult with members of the commission of the affected 
States; and 
(B) take into account the data, views, and comments received 
pursuant to paragraph (3)(A). 
(5) APPROVAL AND DISAPPROVAL.— 
(A) IN GENERAL.—Within 9 months after the receipt date, the 
Administrator shall— 
(i) determine whether to approve, disapprove, or partially 
disapprove and partially approve the recommendations; 
(ii) notify the commission in writing of the approval, dis-
approval, or partial disapproval; and 
(iii) publish the determination in the Federal Register. 
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(B) DISAPPROVAL OR PARTIAL DISAPPROVAL.—If the Adminis-
trator disapproves or partially disapproves the recommendations, 
the Administrator shall specify— 
(i) why any disapproved additional control measures are 
not necessary to bring any area in the ozone transport region 
into attainment by the dates provided by this or are otherwise 
not consistent with this division; and 
(ii) recommendations concerning equal or more effective ac-
tions that could be taken by the commission to conform the 
disapproved portion of the recommendations to the require-
ments of this section. 
(6) FINDING.—On approval or partial approval of recommendations 
submitted by a commission, the Administrator shall issue to each State 
that is included in the ozone transport region and to which a require-
ment of the approved plan applies a finding under section 211110(i)(5) 
of this title that the implementation plan for that State is inadequate 
to meet the requirements of section 211110(a)(3)(D) of this title. The 
finding shall require each such State to revise its implementation plan 
to include the approved additional control measures within 1 year after 
the finding is issued. 
(d) BEST AVAILABLE AIR QUALITY MONITORING AND MODELING.—For 
purposes of this section, the Administrator shall promulgate criteria for pur-
poses of determining the contribution of sources in 1 area to concentrations 
of ozone in another area that is a nonattainment area for ozone. The cri-
teria shall require that the best available air quality monitoring and mod-
eling techniques be used for purposes of making such determinations. 
§ 215206. Enforcement for severe areas and extreme areas 
for failure to attain 
(a) GENERAL RULE.—Each implementation plan provision required 
under subsections (d) and (e) of section 215203 of this title shall provide 
that, if the severe area or extreme area to which the plan provision applies 
has failed to attain the primary NAAQS for ozone by the applicable attain-
ment date, each major stationary source of volatile organic compounds lo-
cated in the severe area or extreme area shall, except as otherwise provided 
under subsection (c), pay a fee to the State as a penalty for the failure, 
computed in accordance with subsection (b), for each calendar year begin-
ning after the attainment date, until the severe area or extreme area is re-
designated as an attainment area for ozone. Each such plan provision 
should include procedures for assessment and collection of such fees. 
(b) COMPUTATION OF FEE.— 
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(1) FEE AMOUNT.—The fee shall equal $5,000, adjusted in accord-
ance with paragraph (3), per ton of volatile organic compound emitted 
by the source during the calendar year in excess of 80 percent of the 
baseline amount, computed under paragraph (2). 
(2) BASELINE AMOUNT.— 
(A) IN GENERAL.—For purposes of this section, the baseline 
amount shall be computed, in accordance with such guidance as 
the Administrator may provide, as the lower, during the attain-
ment year, of— 
(i) the amount of actual volatile organic compound emis-
sions (referred to in this paragraph as ‘‘actuals’’); or 
(ii) the amount of volatile organic compound emissions al-
lowed under the permit applicable to the source (or, if no 
such permit has been issued for the attainment year, the 
amount of volatile organic compound emissions allowed under 
the applicable implementation plan) (referred to in this para-
graph as ‘‘allowables’’). 
(B) PERIOD
OF
DETERMINATION.—Notwithstanding subpara-
graph (A), the Administrator may issue guidance authorizing the 
baseline amount to be determined in accordance with the lower of 
average actuals or average allowables, determined over a period of 
more than 1 calendar year. The guidance may provide that such 
an average calculation for a specific source may be used if that 
source’s emissions are irregular, cyclical, or otherwise vary signifi-
cantly from year to year. 
(3) ANNUAL ADJUSTMENT.—The fee amount under paragraph (1) 
shall be adjusted annually, beginning as of 1991, in accordance with 
section 235102(b)(3)(B)(iv) of this title. 
(c) EXCEPTION.—Notwithstanding any provision of this section, no 
source shall be required to pay any fee under subsection (a) with respect 
to emissions during any year that is treated as an extension year under sec-
tion 215202(a)(5) of this title. 
(d) FEE COLLECTION BY ADMINISTRATOR.—If the Administrator has 
found that the fee provisions of the implementation plan do not meet the 
requirements of this section, or if the Administrator makes a finding that 
the State is not administering and enforcing the fee required under this sec-
tion, the Administrator shall, in addition to any other action authorized 
under this subdivision, collect, in accordance with procedures promulgated 
by the Administrator, the unpaid fees required under subsection (a). If the 
Administrator makes such a finding under section 215111(a)(1)(D) of this 
title, the Administrator may collect fees for periods before the determina-
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