16 



necessary, extend the period for submission of &ny 

 plan or portion thereof which implements a na- 

 tional secondary ambient air quality standard for 

 a period not to exceed 18 months from the date 

 otherwise required for submission of such plan. 



(c) Preconditions for preparation and publication by 

 Administrator of proposed regulations setting 

 forth an implementation plan; hearings for pro- 

 posed regulations; promulgation of regulations 

 by Administrator. 



The Administrator shall, after consideration of 

 anj- State hearing record, promptly prepare and pub- 

 lish proposed regulations setting forth an implemen- 

 tation plan, or portion thereof, for a State if — 



(1) the State fails to submit an implementation 

 plan for tiny national ambient air quality primary 

 or secondary standard within the time prescribed, 



(2) the plan, or any portion thereof, submitted 

 for such State is determined by the Administrator 

 not to be in accordance with the requirements of 

 this section, or 



(3) the State fails, within 60 days after notifi- 

 cation by the Administrator or such longer period 

 as he may prescribe, to revise an Implementation 

 plan as required pursuajit to a provision of its 

 plan referred to in subsection (&i (2) (H) of this 

 section. 



If such State held no public hearing associated with 

 respect to such plan lor revision thereof >. the Ad- 

 ministrator shall provide opportunity for such hear- 

 ing within such State on any proposed regulation. 

 The Administrator shall, within six months after 

 the date required for submission of such plan 'or 

 revision thereof) , promulgate any such regulations 

 imless. prior to such promulgation, such State has 

 adopted and submitted a plan 'or revision) which 

 the Administrator determines to be in accordance 

 with the requirements of this section. 



(d) Applicable implementation plan. 



For purposes of this chapter, an applicable imple- 

 mentation plan is the implementation plan, or most 

 recent revision thereof, which has been approved 

 under subsection (a) of this section or promulgated 

 under subsection 'c) of this section and which Imple- 

 ments a national primary or secondary ambient air 

 quality standard in a State. 



(e) Extension of time period for attainment of na- 

 tional primary ambient air quality standard in 

 implementation plan; procedure; approval of ex- 

 tension by .Administrator. 



(1) Upon application of a Governor of a State at 

 the time of submission of any plan Implementing a 

 national ambient air quality primary standard, the 

 Administrator may 'subject to paragraph (2)) ex- 

 tend the three-year period referred to in subsection 

 (a) (2) <A) '1) of this section for not more than two 

 years for an air quality control region if after review 

 of such plan the Administrator determines that — 

 (A) one or more emission sources 'or classes of 

 moving sources) are unable to comply with the 

 requirements of such plan which implement such 

 primary standard because the necessary tech- 

 nology or other alternatives are not available or 

 will not be available soon enough to permit com- 

 pliance within such three-year period, and 



(B) The State has considered and applied as 

 a part of Its plan reasonably available alternative 

 means of attaining such primary standard and has 

 justifiably concluded that attainment of such pri- 

 mary standard within the three years cannot be 

 achieved. 



(2) The Administrator may grant an extension 

 imder paragraph 1 1 ) only if he determines that 

 the State plan provides for — 



(A) application of the requirements of the plan 

 which implement such primary standard to all 

 emission sources in such region other than the 

 sources 'or classes) described in paragraph (1) 



(A) within the three-year period, and 



<B) such Interim measures of control of the 

 sources (or classes) described in paragraph '1) (A) 

 as the Administrator determines to be reasonable 

 under the circumstances. 



(0 Postponement of compliance by any stationary 

 source or class of moving sources with any require- 

 ment of an applicable implementation plan; 

 application by Governor of affected State; de- 

 termination by Administrator; notice and oppor- 

 tunity for hearing; judicial review; precedence 

 of cases ; subpenas. 



( 1 ) Prior to the date on which any stationary 

 source or class of moving sources is required to com- 

 ply with any requirement of an applicable Implemen- 

 tation plan the Governor of the State to which such 

 plan applies may apply to the Administrator to post- 

 pone the applicabiliy of such requirement to such 

 source (or class) for not more than one year. If the 

 Administrator determines that — 



'A) good faith efforts have been made to com- 

 ply with such requirement before such date. 



'B) such source lor class) Is imable to comply 

 with such requirement because the necessary tech- 

 nology or other alternative methods of control are 

 not available or have not been available for a suf- 

 ficient period of time. 



(C) any available alternative operating proce- 

 dures and interim control measures have reduced 

 or will reduce the impact of such source on public 

 health, and 



'D) the continued operation of such source Is 

 essential to national security or to the public 

 health or welfare, 

 then the Administrator shall grant a postponement 

 of such requirement. 



(2) (A) Any determination under paragraph fl) 

 shall 'i) be made on the record after notice to In- 

 terested persons and opportunity for hearing, (11) be 

 based upon a fair evaluation of the entire record at 

 such hearing, and (ill) include a statement setting 

 forth in detail the findings and conclusions upon 

 which the determination is based. 



(B) Any determination made pursuant to this 

 paragraph shall be subject to judicial review by the 

 United States court of appeals for the circuit which 

 includes such State upon the filing in such court 

 within 30 days from the date of such decision of a 

 petition by any interested person praying that the 

 decision be modified or set aside in whole or in part. 

 A copy of the petition shall forthwith be sent by 

 registered or certified mail to the Administrator and 

 thereupon the Administrator shall certify and file in 



