42 U.S.C. § 7513 — Classifications and attainment dates

submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 947 words · no verdicts yet

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This law sets rules for areas with too much PM-10 air pollution, a kind of fine dust. It classifies areas as Moderate or Serious and sets deadlines for meeting clean-air standards. It also lets EPA extend deadlines or waive rules in some cases.

(a) Initial classifications: Any area EPA designates as not meeting the PM-10 (fine particle) air quality standard automatically becomes a "Moderate Area" at the moment of designation. EPA must publish a notice announcing this classification when it publishes the area's designation notice. The usual notice-and-comment process and judicial review, under section 7502(a)(1)(B), do not apply to this classification. (b) Reclassification as Serious: (1) EPA may reclassify a Moderate Area as "Serious" if it decides the area can't practically meet the PM-10 standard by the Moderate Area deadline. EPA must propose reclassifying appropriate areas designated in the original 1990 round by June 30, 1991, and finalize that by December 31, 1991. For areas designated later, EPA must reclassify within 18 months after the state's plan submission deadline for that area. (2) Within 6 months after an area's attainment deadline passes, EPA must decide whether the area met the standard. If a Moderate Area did not, it is automatically reclassified as Serious, and EPA must publish a notice in the Federal Register — no later than 6 months after the deadline — saying the area failed to attain and identifying the reclassification. (c) Attainment dates: (1) Moderate Areas must meet the standard as soon as practical, but no later than the end of the sixth calendar year after being designated nonattainment. For areas designated in the original 1990 round, the deadline cannot go past December 31, 1994. (2) Serious Areas must meet the standard as soon as practical, but no later than the end of the tenth calendar year after being designated nonattainment. For the original 1990 areas, the deadline cannot go past December 31, 2001. (d) Extension of attainment date for Moderate Areas: A state may apply for one extra year (an "Extension Year") if (1) the state has met every requirement and commitment in its plan, and (2) the area had no more than one day exceeding the 24-hour PM-10 standard in the year before the Extension Year, and that year's average PM-10 level was at or below the standard. No area may get more than two one-year extensions. (e) Extension of attainment date for Serious Areas: A state may apply to extend a Serious Area's deadline if meeting the normal deadline would be impractical, the state has met all its plan commitments, and the state shows EPA that its plan uses the strictest control measures used or achieved anywhere and that those measures can feasibly work in this area. The state must submit a plan revision showing attainment by the fastest realistic alternative date. In deciding whether to grant an extension and how long it should be, EPA may weigh the extent of the pollution problem, the number and type of pollution sources (including uncontrollable natural and foreign sources), how many people are exposed, whether the particle mix contains toxic substances, and whether control measures are technologically and economically feasible. EPA cannot approve an extension until the state submits an attainment demonstration. EPA may grant at most one extension per area, of no more than 5 years. (f) Waivers for certain areas: EPA may waive, area by area, any Serious Area requirement if it decides that human-caused PM-10 sources do not significantly contribute to the standard's violation there. EPA may also waive a specific attainment date if it decides that non-human-caused PM-10 sources significantly contribute to the violation.

the actual law source: uscode.house.gov ↗public domain

(a) Initial classifications

Every area designated nonattainment for PM–10 pursuant to section 7407(d) of this title shall be classified at the time of such designation, by operation of law, as a moderate PM–10 nonattainment area (also referred to in this subpart as a “Moderate Area”) at the time of such designation. At the time of publication of the notice under section 7407(d)(4) of this title (relating to area designations) for each PM–10 nonattainment area, the Administrator shall publish a notice announcing the classification of such area. The provisions of section 7502(a)(1)(B) of this title (relating to lack of notice-and-comment and judicial review) shall apply with respect to such classification.

(b) Reclassification as Serious

(1) Reclassification before attainment date

The Administrator may reclassify as a Serious PM–10 nonattainment area (identified in this subpart also as a “Serious Area”) any area that the Administrator determines cannot practicably attain the national ambient air quality standard for PM–10 by the attainment date (as prescribed in subsection (c)) for Moderate Areas. The Administrator shall reclassify appropriate areas as Serious by the following dates:

(A)

For areas designated nonattainment for PM–10 under section 7407(d)(4) of this title, the Administrator shall propose to reclassify appropriate areas by June 30, 1991, and take final action by December 31, 1991.

(B)

For areas subsequently designated nonattainment, the Administrator shall reclassify appropriate areas within 18 months after the required date for the State’s submission of a SIP for the Moderate Area.

(2) Reclassification upon failure to attain

Within 6 months following the applicable attainment date for a PM–10 nonattainment area, the Administrator shall determine whether the area attained the standard by that date. If the Administrator finds that any Moderate Area is not in attainment after the applicable attainment date—

(A)

the area shall be reclassified by operation of law as a Serious Area; and

(B)

the Administrator shall publish a notice in the Federal Register no later than 6 months following the attainment date, identifying the area as having failed to attain and identifying the reclassification described under subparagraph (A).

Except as provided under subsection (d), the attainment dates for PM–10 nonattainment areas shall be as follows:

(1) Moderate Areas

For a Moderate Area, the attainment date shall be as expeditiously as practicable but no later than the end of the sixth calendar year after the area’s designation as nonattainment, except that, for areas designated nonattainment for PM–10 under section 7407(d)(4) of this title, the attainment date shall not extend beyond December 31, 1994.

(2) Serious Areas

For a Serious Area, the attainment date shall be as expeditiously as practicable but no later than the end of the tenth calendar year beginning after the area’s designation as nonattainment, except that, for areas designated nonattainment for PM–10 under section 7407(d)(4) of this title, the date shall not extend beyond December 31, 2001.

(d) Extension of attainment date for Moderate Areas

Upon application by any State, the Administrator may extend for 1 additional year (hereinafter referred to as the “Extension Year”) the date specified in paragraph 1 (c)(1) if—

(1)

the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan; and

(2)

no more than one exceedance of the 24-hour national ambient air quality standard level for PM–10 has occurred in the area in the year preceding the Extension Year, and the annual mean concentration of PM–10 in the area for such year is less than or equal to the standard level.

No more than 2 one-year extensions may be issued under the subsection for a single nonattainment area.

(e) Extension of attainment date for Serious Areas

Upon application by any State, the Administrator may extend the attainment date for a Serious Area beyond the date specified under subsection (c), if attainment by the date established under subsection (c) would be impracticable, the State has complied with all requirements and commitments pertaining to that area in the implementation plan, and the State demonstrates to the satisfaction of the Administrator that the plan for that area includes the most stringent measures that are included in the implementation plan of any State or are achieved in practice in any State, and can feasibly be implemented in the area. At the time of such application, the State must submit a revision to the implementation plan that includes a demonstration of attainment by the most expeditious alternative date practicable. In determining whether to grant an extension, and the appropriate length of time for any such extension, the Administrator may consider the nature and extent of nonattainment, the types and numbers of sources or other emitting activities in the area (including the influence of uncontrollable natural sources and transboundary emissions from foreign countries), the population exposed to concentrations in excess of the standard, the presence and concentration of potentially toxic substances in the mix of particulate emissions in the area, and the technological and economic feasibility of various control measures. The Administrator may not approve an extension until the State submits an attainment demonstration for the area. The Administrator may grant at most one such extension for an area, of no more than 5 years.

(f) Waivers for certain areas

The Administrator may, on a case-by-case basis, waive any requirement applicable to any Serious Area under this subpart where the Administrator determines that anthropogenic sources of PM–10 do not contribute significantly to the violation of the PM–10 standard in the area. The Administrator may also waive a specific date for attainment of the standard where the Administrator determines that nonanthropogenic sources of PM–10 contribute significantly to the violation of the PM–10 standard in the area.

Source credit: (July 14, 1955, ch. 360, title I, § 188, as added Pub. L. 101–549, title I, § 105(a), Nov. 15, 1990, 104 Stat. 2458.)

history & why it existsrecord from the source credit

1955Enacted · Pub. L. 101-549 · 104 Stat. 2458

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.

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