
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7511]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
            Part D--Plan Requirements for Nonattainment Areas
 
     subpart 2--additional provisions for ozone nonattainment areas
 
Sec. 7511. Classifications and attainment dates


(a) Classification and attainment dates for 1989 nonattainment areas

    (1) 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
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               Area class                          Design value*            Pri
mary standard  attainment date**
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Marginal...............................  0.121 up to 0.138...............  3 ye
ars after November 15, 1990
Moderate...............................  0.138 up to 0.160...............  6 ye
ars after November 15, 1990
Serious................................  0.160 up to 0.180...............  9 ye
ars after November 15, 1990
Severe.................................  0.180 up to 0.280...............  15 y
ears after November 15, 1990
Extreme................................  0.280 and above.................  20 y
ears after November 15, 1990
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*The design value is measured in parts per million (ppm).
**The primary standard attainment date is measured from November 15, 1990.

    (2) 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.
    (3) 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.
    (4) 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.
    (5) 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--
        (A) the State has complied with all requirements and commitments 
    pertaining to the area in the applicable implementation plan, and
        (B) 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.

(b) New designations and reclassifications

                (1) New designations to nonattainment

        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) of this section. 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) of this section, 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.

             (2) Reclassification upon failure to attain

        (A) 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) of this section to the higher of--
            (i) the next higher classification for the area, or
            (ii) 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).
        (B) 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).

                   (3) Voluntary reclassification

        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) of this section 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.

           (4) Failure of Severe Areas to attain standard

        (A) 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 
    NO<INF>x</INF> 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.
        (B) 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.
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    \1\ So in original. Probably should be ``terms''.
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        (C) 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.
        (D) 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).

(c) References to terms

    (1) 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.
    (2) 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.

(July 14, 1955, ch. 360, title I, Sec. 181, as added Pub. L. 101-549, 
title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2423.)


                      Exemptions for Stripper Wells

    Section 819 of Pub. L. 101-549 provided that: ``Notwithstanding any 
other provision of law, the amendments to the Clean Air Act made by 
section 103 of the Clean Air Act Amendments of 1990 [enacting this 
section and sections 7511a to 7511f of this title] (relating to 
additional provisions for ozone nonattainment areas), by section 104 of 
such amendments [enacting sections 7512 and 7512a of this title] 
(relating to additional provisions for carbon monoxide nonattainment 
areas), by section 105 of such amendments [enacting sections 7513 to 
7513b of this title and amending section 7476 of this title] (relating 
to additional provisions for PM-10 nonattainment areas), and by section 
106 of such amendments [enacting sections 7514 and 7514a of this title] 
(relating to additional provisions for areas designated as nonattainment 
for sulfur oxides, nitrogen dioxide, and lead) shall not apply with 
respect to the production of and equipment used in the exploration, 
production, development, storage or processing of--
        ``(1) oil from a stripper well property, within the meaning of 
    the June 1979 energy regulations (within the meaning of section 
    4996(b)(7) of the Internal Revenue Code of 1986 [26 U.S.C. 
    4996(b)(7)], as in effect before the repeal of such section); and
        ``(2) stripper well natural gas, as defined in section 108(b) of 
    the Natural Gas Policy Act of 1978 (15 U.S.C. 3318(b)).[,]
except to the extent that provisions of such amendments cover areas 
designated as Serious pursuant to part D of title I of the Clean Air Act 
[this part] and having a population of 350,000 or more, or areas 
designated as Severe or Extreme pursuant to such part D.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7509a, 7511a, 7511b, 7511d, 
7521, 7545, 7607 of this title; title 23 section 149.
