regarding such petitions and motions, including notice and comment.
"(b) Transport Commissions.-
"(1) Establishment.-Whenever the Administrator establishes a
transport region under subsection (a), the Administrator shall
establish a transport commission comprised of (at a minimum) each
of the following members:
"(A) The Governor of each State in the region or the
designee of each such Governor.
"(B) The Administrator or the Administrator's designee.
"(C) The Regional Administrator (or the Administrator's
designee) for each Regional Office for each Environmental
Protection Agency Region affected by the transport region
"(D) An air pollution control official representing each
State in the region, appointed by the Governor.
Decisions of, and recommendations and requests to, the
Administrator by each transport commission may be made only by a
majority vote of all members other than the Administrator and the
Regional Administrators (or designees thereof).
"(2) Recommendations.-The transport commission shall assess the
degree of interstate transport of the pollutant or precursors to
the pollutant throughout the transport region, assess strategies
for mitigating the interstate pollution, and recommend to the
Administrator such measures as the Commission determines to be
necessary to ensure that the plans for the relevant States meet
the requirements of section 110(a)(2)(D). Such commission shall
not be subject to the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.).
"(c) Commission Requests.-A transport commission established
under subsection (b) may request the Administrator to issue a finding
under section 110(k)(5) that the implementation plan for one or more
of the States in the transport region is substantially inadequate to
meet the requirements of section 110(a)(2)(D). The Administrator shall
approve, disapprove, or partially approve and partially disapprove
such a request within 18 months of its receipt and, to the extent the
Administrator approves such request, issue the finding under section
110(k)(5) at the time of such approval. In acting on such request, the
Administrator shall provide an opportunity for public participation
and shall address each specific recommendation made by the commission.
Approval or disapproval of such a request shall constitute final
agency action within the meaning of section 307(b).".
(2) Amendments conforming to transport provisions.-Section 106 of
the Clean Air Act (42 U.S.C. 7406) is amended as follows:
(A) Insert "or of implementing section 176A (relating to
control of interstate air pollution) or section 184 (relating
control of interstate ozone pollution)" immediately following
(B) Insert "any commission established under section 176A
(relating to control of interstate air pollution) or section
184 (relating to control of interstate ozone pollution) or"
immediately following "program costs of".
(C) Insert "or such commission" in the last sentence
immediately following "such agency".
(D) Insert "or commission" at the end thereof, immediately
before the period.