milestone. The State program may include a nondiscriminatory
system, consistent with applicable law regarding interstate
commerce, of State established emissions fees or a system of
marketable permits, or a system of State fees on sale or
manufacture of products the use of which contributes to ozone
formation, or any combination of the foregoing or other similar
measures. The program may also include incentives and
requirements to reduce vehicle emissions and vehicle miles
traveled in the area, including any of the transportation control
measures identified in section 108(f) .
"(B) Within 2 years after the date of the enactment of the
Clean Air Act Amendments of 1990, the Administrator shall publish
rules for the programs to be adopted pursuant to subparagraph
(A). Such rules shall include model plan provisions which may be
adopted for reducing emissions from permitted stationary sources,
area sources, and mobile sources. The guidelines shall require
that any revenues generated by the plan provisions adopted
pursuant to subparagraph (A) shall be used by the State for any
of the following:
"(i) Providing incentives for achieving emission reductions.
"(ii) Providing assistance for the development of innovative
technologies for the control of ozone air pollution and for the
development of lower-polluting solvents and surface coatings.
Such assistance shall not provide for the payment of more than
75 percent of either the costs of any project to develop such a
technology or the costs of development of a lower-polluting
solvent or surface coating.
"(iii) Funding the administrative costs of State programs
under this Act. Not more than 50 percent of such revenues may
be used for purposes of this clause.
"(5) Extreme areas.-If a State fails to submit a demonstration
under paragraph (2) for any Extreme Area within the required
period, or if the Administrator determines that the area has not
met any applicable milestone, the State shall, within 9 months
after such failure or determination, submit a plan revision to
implement an economic incentive program which meets the
requirements of paragraph (4). The Administrator shall review
such plan revision and approve or disapprove the revision within
9 months after the date of its submission.
"(h) Rural Transport Areas.-(1) Notwithstanding any other
provision of section 181 or this section, a State containing an ozone
nonattainment area that does not include, and is not adjacent to, any
part of a Metropolitan Statistical Area or, where one exists, a
Consolidated Metropolitan Statistical Area (as defined by the United
States Bureau of the Census), which area is treated by the
Administrator, in the Administrator's discretion, as a rural transport
area within the meaning of paragraph (2), shall be treated by
operation of law as satisfying the requirements of this section if it
makes the submissions required under subsection (a) of this section
(relating to marginal areas).
"(2) The Administrator may treat an ozone nonattainment area as a
rural transport area if the Administrator finds that sources of
VOC (and, where the Administrator determines relevant, NOx) emissions
within the area do not make a significant contribution to the ozone
concentrations measured in the area or in other areas.