Fair Air Standards Act

(vi) Notwithstanding clause (iii), an area designated as an ozone nonattainment area shall be redesignated as an ozone attainment area if the State finds and demonstrates to the satisfaction of the Administrator, and the Administrator concurs in such finding, that the area would have attained the national ambient air quality standard for ozone by the applicable attainment date, but for ozone or ozone precursors emanating from outside the State. The Governor of the State may submit the finding and demonstration to the Administrator at any time and on the Governor’s own motion. Not later than 180 days after the submission date of the finding and demonstration, the Administrator shall concur or nonconcur in the finding and, if the Administrator concurs, shall promulgate the redesignation. In making such finding, the Governor and the Administrator shall consider, among other factors, modeling or monitoring evidence of emissions from other States and foreign countries.