Technology Transfer Network / NAAQS
Ozone Implementation
Redesignation Requirements
Note: EPA no longer updates this information, but it may be useful as a reference or resource.Selected portions of the Clean Air Act
Sec 107
Sec. 107. ...
(d) Designations.- ...
(3) Redesignation.- ...
(E) The Administrator may not promulgate a redesignation of
a nonattainment area (or portion thereof) to attainment unless
-
(i) the Administrator determines that the area has
attained the national ambient air quality standard;
(ii) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k);
(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
implementation plan and applicable Federal air pollutant
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
175A; and
(v) the State containing such area has met all
requirements applicable to the area under section 110 and
part D.
SEC. 175A. MAINTENANCE PLANS.
(a) Plan Revision.- Each State which submits a request under
section 107(d) for redesignation of a nonattainment area for any
air pollutant as an area which has attained the national primary
ambient air quality standard for that air pollutant shall also
submit a revision of the applicable State implementation plan to
provide for the maintenance of the national primary ambient air
quality standard for such air pollutant in the area concerned for
at least 10 years after the redesignation. The plan shall contain
such additional measures, if any, as may be necessary to ensure
such maintenance.
(b) Subsequent Plan Revisions.- 8 years after redesignation of
any area as an attainment area under section 107(d), the State
shall submit to the Administrator an additional revision of the
applicable State implementation plan for maintaining the national
primary ambient air quality standard for 10 years after the
expiration of the 10-year period referred to in subsection (a).
(c) Nonattainment Requirements Applicable Pending Plan Approv-
al.- Until such plan revision is approved and an area is
redesignated as attainment for any area designated as a
nonattainment area, the requirements of this part shall continue
in force and effect with respect to such area.
(d) Contingency Provisions.- Each plan revision submitted under
this section shall contain such contingency provisions as the
Administrator deems necessary to assure that the State will
promptly correct any violation of the standard which occurs after
the redesignation of the area as an attainment area. Such
provisions shall include a requirement that the State will
implement all measures with respect to the control of the air
pollutant concerned which were contained in the State implementa-
tion plan for the area before redesignation of the area as an
attainment area. The failure of any area redesignated as an
attainment area to maintain the national ambient air quality
standard concerned shall not result in a requirement that the
State revise its State implementation plan unless the Administra-
tor, in the Administrator's discretion, requires the State to
submit a revised State implementation plan.