119 STAT. 1880
‘‘(i) if the substitute measures achieve equivalent or greater emissions reductions than the control measure to be replaced, as demonstrated with an emissions impact analysis that is consistent with the current methodology used for evaluating the replaced control measure in the implementation plan; ‘‘(ii) if the substitute control measures are implemented— ‘‘(I) in accordance with a schedule that is consistent with the schedule provided for control measures in the implementation plan; or ‘‘(II) if the implementation plan date for implementation of the control measure to be replaced has passed, as soon as practicable after the implementation plan date but not later than the date on which emission reductions are necessary to achieve the purpose of the implementation plan; ‘‘(iii) if the substitute and additional control measures are accompanied with evidence of adequate personnel and funding and authority under State or local law to implement, monitor, and enforce the control measures; ‘‘(iv) if the substitute and additional control measures were developed through a collaborative process that included— ‘‘(I) participation by representatives of all affected jurisdictions (including local air pollution control agencies, the State air pollution control agency, and State and local transportation agencies); ‘‘(II) consultation with the Administrator; and ‘‘(III) reasonable public notice and opportunity for comment; and ‘‘(v) if the metropolitan planning organization, State air pollution control agency, and the Administrator concur with the equivalency of the substitute or additional control measures. ‘‘(B) ADOPTION.—(i) Concurrence by the metropolitan planning organization, State air pollution control agency and the Administrator as required by subparagraph (A)(v) shall constitute adoption of the substitute or additional control measures so long as the requirements of subparagraphs (A)(i), (A)(ii), (A)(iii) and (A)(iv) are met. ‘‘(ii) Once adopted, the substitute or additional control measures become, by operation of law, part of the State implementation plan and become federally enforceable. ‘‘(iii) Within 90 days of its concurrence under subparagraph (A)(v), the State air pollution control agency shall submit the substitute or additional control measure to the Administrator for incorporation in the codification of the applicable implementation plan. Nothwithstanding any other provision of this Act, no additional State process shall be necessary to support such revision to the applicable plan. ‘‘(C) NO REQUIREMENT FOR EXPRESS PERMISSION.—The substitution or addition of a transportation control measure
Notice.
Deadline.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
PUBLIC LAW 109–59—AUG. 10, 2005
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