1. (a) This section applies only if:

   1. (1) with respect to each active or revoked national ambient air quality standard for ozone referenced in 40 C.F.R. Section 81.344, the United States Environmental Protection Agency has, for each designated area referenced in that section:

      1. (A) designated the area as attainment or unclassifiable/attainment; or
      2. (B) approved a redesignation substitute making a finding of attainment for the area; and

   2. (2) for each designated area described by Subdivision (1), with respect to an action of the United States Environmental Protection Agency described by Subdivision (1)(A) or (B):

      1. (A) the action has been fully and finally upheld following judicial review or the limitations period to seek judicial review of the action has expired; and
      2. (B) the rules under which the action was approved by the agency have been fully and finally upheld following judicial review or the limitations period to seek judicial review of those rules has expired.

2. (b) Not later than the 30th day after the date the conditions described by Subsection (a) have been met, the commission shall publish notice in the Texas Register that, with respect to each active or revoked national ambient air quality standard for ozone referenced in 40 C.F.R. Section 81.344, the United States Environmental Protection Agency has, for each designated area referenced in that section:

   1. (1) designated the area as attainment or unclassifiable/attainment; or
   2. (2) approved a redesignation substitute making a finding of attainment for the area.

Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(b-1), eff. August 30, 2017.