Sec. 164. (a) Except as otherwise provided under subsection
(c), a State may redesignate such areas as it deems appropriate
as class I areas. The following areas may be redesignated only as
class I or II:
(1) an area which exceeds ten thousand acres in size and
is a national monument, a national primitive area, a
national preserve, a national recreation area, a national
wild and scenic river, a national wildlife refuge, a
national lakeshore or seashore, and
(2) a national park or national wilderness area
established after the date of enactment of this Act which
exceeds ten thousand acres in size.
The extent of the areas referred to in paragraph (1) and (2)
shall conform to any changes in the boundaries of such areas
which have occurred subsequent to the date of the enactment of
the Clean Air Act Amendments of 1977, or which may occur
subsequent to the date of the enactment of the Clean Air Act
Amendments of 1990.
Any area (other than an area referred to in paragraph(1) or (2)
or an area established as class I under the first sentence of
section 162(a)) may be redesignated by the State as class III if
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(A) such redesignation has been specifically approved by
the Governor of the State, after consultation with the
appropriate Committees of the legislature if it is in
session or with the leadership of the legislature if it is
not in session (unless State law provides that such
redesignation must be specifically approved by State
legislation) and if general purpose units of local
government representing a majority of the residents of the
area so redesignated enact legislation (including for such
units of local government resolutions where appropriate)
concurring in the State's redesignation;
(B) such redesignation will not cause, or contribute to,
concentrations of any air pollutant which exceed any maximum
allowable increase or maximum allowable concentration
permitted under the classification of any other area; and
(C) such redesignation otherwise meets the requirements of
this part.
Subparagraph (A) of this paragraph shall not apply to area
redesignations by Indian tribes.
(b)(1)(A) Prior to redesignation of any area under this part,
notice shall be afforded and public hearings shall be conducted
in areas proposed to be redesignated and in areas which may be
affected by the proposed redesignation. Prior to any such public
hearing a satisfactory description and analysis of the health,
environmental, economic, social, and energy effects of the
proposed redesignation shall be prepared and made available for
public inspection and prior to any such redesignation, the
description and analysis of such effects shall be reviewed and
examined by the redesignating authorities.
(B) Prior to the issuance of notice under subparagraph (A)
respecting the redesignation of any area under this subsection,
if such area includes any Federal lands, the State shall provide
written notice to the appropriate Federal land manager and afford
adequate opportunity (but not in excess of 60 days) to confer
with the State respecting the intended notice of redesignation
and to submit written comments and recommendations with respect
to such intended notice of redesignation. In redesignating any
area under this section with respect to which any Federal land
manager has submitted written comments and recommendations, the
State shall publish a list of any inconsistency between such
redesignation and such recommendations and an explanation of such
inconsistency (together with the reasons for making such
redesignation against the recommendation of the Federal land
manager).
(C) The Administrator shall promulgate regulations not later
than six months after date of enactment of this part, to assure,
insofar as practicable, that prior to any public hearing on
redesignation of any area, there shall be available for public
inspection any specific plans for any new or modified major
emitting facility which may be permitted to be constructed and
operated only if the area in question is designated or
redesignated as class III.
(2) The Administrator may disapprove the redesignation of any
area only if he finds, after notice and opportunity for public
hearing, that such redesignation does not meet the procedural
requirements of this section or is inconsistent with the require-
ments of section 162(a) or of subsection (a) of this section. If
any such disapproval occurs, the classification of the area shall
be that which was in effect prior to the redesignation which was
disapproved.
(c) Lands within the exterior boundaries of reservations of
federally recognized Indian tribes may be redesignated only by
the appropriate Indian governing body. Such Indian governing body
shall be subject in all respect to the provisions of subsection
(e).
(d) The Federal Land Manager shall review all national monu-
ments, primitive areas, and national preserves, and shall
recommend any appropriate areas for redesignation as class I
where air quality related values are important attributes of the
area. The Federal Land Manager shall report such recommendations,
within supporting analysis, to the Congress and the affected
States within one year after enactment of this section. The
Federal Land Manager shall consult with the appropriate States
before making such recommendations.
(e) If any State affected by the redesignation of any area by
an Indian tribe or any Indian tribe affected by the redesignation
of an area by a State disagrees with such redesignation of any
area, or if a permit is proposed to be issued for any new major
emitting facility proposed for construction in any State which
the Governor of an affected State or governing body of an
affected Indian tribe determines will cause or contribute to a
cumulative change in air quality in excess of that allowed in
this part within the affected State or tribal reservation, the
Governor or Indian ruling body may request the Administrator to
enter into negotiations with the parties involved to resolve such
dispute. If requested by any State or Indian tribe involved, the
Administrator shall make a recommendation to resolve the dispute
and protect the air quality related values of the lands involved.
If the parties involved do not reach agreement, the Administrator
shall resolve the dispute and his determination, or the results
of agreements reached through other means, shall become part of
the applicable plan and shall be enforceable as part of such
plan. In resolving such disputes relating to area redesignation,
the Administrator shall consider the extent to which the lands
involved are of sufficient size to allow effective air quality
management or have air quality related values of such an area.
[42 U.S.C. 7474]