42 U.S.C. § 7511 — Classifications and attainment dates
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,320 words · no verdicts yet
Ozone nonattainment areas are classified by design value, with attainment deadlines tied to the classifications. The section provides rules for extensions, new designations, reclassifications, severe-area failures, and references to the classification terms.
(a) Classification and attainment dates for 1989 nonattainment areas—(1) Each area designated nonattainment for ozone under section 7407(d) is classified at designation, by operation of law and under table 1, as Marginal, Moderate, Serious, Severe, or Extreme based on its design value. The design value uses the Administrator’s interpretation method issued most recently before November 15, 1990. Attainment must be as soon as practicable and no later than: Marginal, 0.121 up to 0.138, 3 years after November 15, 1990; Moderate, 0.138 up to 0.160, 6 years; Serious, 0.160 up to 0.180, 9 years; Severe, 0.180 up to 0.280, 15 years; Extreme, 0.280 and above, 20 years. Design value is in ppm and the dates are measured from November 15, 1990. (2) A Severe area with a 1988 ozone design value from 0.190 through 0.280 ppm has a 17-year, not 15-year, deadline. (3) With the section 7407(d)(4) designation notice, the Administrator* must publish the classification; section 7502(a)(1)(B) applies. (4) If a 5-percent higher or lower design value would produce another category, the Administrator may, within 90 days and using (3)’s procedure, adjust the classification. The Administrator may consider ozone-standard exceedances, intrastate and interstate pollution transport, and the mix of sources and pollutants. (5) On a State* application, the Administrator may add one year, called the “Extension Year,” if the State met all applicable plan requirements and commitments and the area had no more than one ozone-standard exceedance in the preceding year. No more than two one-year extensions may issue for one area. (b) New designations and reclassifications—(1) An ozone attainment or unclassifiable area later redesignated nonattainment under section 7407(d)(3) is classified under table 1 when redesignated and then has the requirements that would have applied at the original notice, except every absolute fixed date is extended by the time between November 15, 1990, and classification. (2)(A) Within 6 months after the applicable date, the Administrator must determine from the area’s design value whether it attained. Except for Severe or Extreme areas, a failure results in reclassification to the higher of (i) the next higher class or (ii) the class matching the design value when the notice in (B) is issued; it may not be Extreme under (ii). (B) Within 6 months after the date, the Administrator must publish a Federal Register notice identifying failures and any reclassification. (3) The Administrator must grant a State’s request to move its nonattainment area* to a higher table 1 class and publish notice of the request and grant. (4)(A) If a Severe area fails by its date, including an extension, section 7511d fees apply; section 7511a(c)(2)(B) and (C) reduction requirements continue; the State must show the reduction every 3 years until attainment, and failure to show it is sanctioned. (B) If its design value is above 0.140 ppm in the attainment year or it missed its latest section 7511a(g) milestone, Extreme-area new-source-review rules apply and “major source” and “major stationary source*” have Extreme-area meanings. (C) For other areas in (A), those rules apply after 3 years unless the area attained by then. (D) If the Administrator changes the compliance method after November 15, 1990, a comparable design value or indicator replaces 0.140. (c) References. A reference to Marginal, Moderate, Serious, Severe, or Extreme Area means an area classified that way under this section. “Next higher classification” means the class tied to the next higher table 1 design-value set.
Each area designated nonattainment for ozone pursuant to section 7407(d) of this title shall be classified at the time of such designation, under table 1, by operation of law, as a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area based on the design value for the area. The design value shall be calculated according to the interpretation methodology issued by the Administrator* most recently before November 15, 1990. For each area classified under this subsection, the primary standard attainment date* for ozone shall be as expeditiously as practicable but not later than the date provided in table 1.
TABLE 1 | ||
|---|---|---|
Area class | Design value* | Primary standard attainment date** |
*The design value is measured in parts per million (ppm). | ||
**The primary standard attainment date is measured from November 15, 1990. | ||
Marginal | 0.121 up to 0.138 | 3 years after November 15, 1990 |
Moderate | 0.138 up to 0.160 | 6 years after November 15, 1990 |
Serious | 0.160 up to 0.180 | 9 years after November 15, 1990 |
Severe | 0.180 up to 0.280 | 15 years after November 15, 1990 |
Extreme | 0.280 and above | 20 years after November 15, 1990 |
Notwithstanding table 1, in the case of a severe area with a 1988 ozone design value between 0.190 and 0.280 ppm, the attainment date shall be 17 years (in lieu of 15 years) after November 15, 1990.
At the time of publication of the notice under section 7407(d)(4) of this title (relating to area designations) for each ozone nonattainment area*, the Administrator shall publish a notice announcing the classification of such ozone nonattainment area. The provisions of section 7502(a)(1)(B) of this title (relating to lack of notice and comment and judicial review) shall apply to such classification.
If an area classified under paragraph (1) (Table 1) would have been classified in another category if the design value in the area were 5 percent greater or 5 percent less than the level on which such classification was based, the Administrator may, in the Administrator’s discretion, within 90 days after the initial classification, by the procedure required under paragraph (3), adjust the classification to place the area in such other category. In making such adjustment, the Administrator may consider the number of exceedances of the national primary ambient air quality standard for ozone in the area, the level of pollution transport between the area and other affected areas, including both intrastate and interstate transport, and the mix of sources and air pollutants in the area.
Upon application by any State*, the Administrator may extend for 1 additional year (hereinafter referred to as the “Extension Year”) the date specified in table 1 of paragraph (1) of this subsection if—
the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan*, and
no more than 1 exceedance of the national ambient air quality standard level for ozone has occurred in the area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this paragraph for a single nonattainment area.
Any area that is designated attainment or unclassifiable for ozone under section 7407(d)(4) of this title, and that is subsequently redesignated to nonattainment for ozone under section 7407(d)(3) of this title, shall, at the time of the redesignation, be classified by operation of law in accordance with table 1 under subsection (a). Upon its classification, the area shall be subject to the same requirements under section 7410 of this title, subpart 1 of this part, and this subpart that would have applied had the area been so classified at the time of the notice under subsection (a)(3), except that any absolute, fixed date applicable in connection with any such requirement is extended by operation of law by a period equal to the length of time between November 15, 1990, and the date the area is classified under this paragraph.
Within 6 months following the applicable attainment date (including any extension thereof) for an ozone nonattainment area, the Administrator shall determine, based on the area’s design value (as of the attainment date), whether the area attained the standard by that date. Except for any Severe or Extreme area, any area that the Administrator finds has not attained the standard by that date shall be reclassified by operation of law in accordance with table 1 of subsection (a) to the higher of—
the next higher classification for the area, or
the classification applicable to the area’s design value as determined at the time of the notice required under subparagraph (B).
No area shall be reclassified as Extreme under clause (ii).
The Administrator shall publish a notice in the Federal Register, no later than 6 months following the attainment date, identifying each area that the Administrator has determined under subparagraph (A) as having failed to attain and identifying the reclassification, if any, described under subparagraph (A).
The Administrator shall grant the request of any State to reclassify a nonattainment area in that State in accordance with table 1 of subsection (a) to a higher classification. The Administrator shall publish a notice in the Federal Register of any such request and of action by the Administrator granting the request.
If any Severe Area fails to achieve the national primary ambient air quality standard for ozone by the applicable attainment date (including any extension thereof), the fee provisions under section 7511d of this title shall apply within the area, the percent reduction requirements of section 7511a(c)(2)(B) and (C) of this title (relating to reasonable further progress* demonstration and NOx control) shall continue to apply to the area, and the State shall demonstrate that such percent reduction has been achieved in each 3-year interval after such failure until the standard is attained. Any failure to make such a demonstration shall be subject to the sanctions provided under this part.
In addition to the requirements of subparagraph (A), if the ozone design value for a Severe Area referred to in subparagraph (A) is above 0.140 ppm for the year of the applicable attainment date, or if the area has failed to achieve its most recent milestone under section 7511a(g) of this title, the new source review requirements applicable under this subpart in Extreme Areas shall apply in the area and the term 1 “major source” and “major stationary source*” shall have the same meaning as in Extreme Areas.
In addition to the requirements of subparagraph (A) for those areas referred to in subparagraph (A) and not covered by subparagraph (B), the provisions referred to in subparagraph (B) shall apply after 3 years from the applicable attainment date unless the area has attained the standard by the end of such 3-year period.
If, after November 15, 1990, the Administrator modifies the method of determining compliance with the national primary ambient air quality standard, a design value or other indicator comparable to 0.140 in terms of its relationship to the standard shall be used in lieu of 0.140 for purposes of applying the provisions of subparagraphs (B) and (C).
Any reference in this subpart to a “Marginal Area”, a “Moderate Area”, a “Serious Area”, a “Severe Area”, or an “Extreme Area” shall be considered a reference to a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area as respectively classified under this section.
Any reference in this subpart to “next higher classification” or comparable terms shall be considered a reference to the classification related to the next higher set of design values in table 1.
Source credit: (July 14, 1955, ch. 360, title I, § 181, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2423.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2423
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.
all 0 arguments · sorted by: best
no arguments yet — make the first case