
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: 42USC7512]

 
                 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 3--additional provisions for carbon monoxide nonattainment areas
 
Sec. 7512. Classification and attainment dates


(a) Classification by operation of law and attainment dates for 
        nonattainment areas

    (1) Each area designated nonattainment for carbon monoxide 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 Moderate Area or a 
Serious 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 carbon monoxide shall be as expeditiously as practicable but 
not later than the date provided in table 1:

                                                   TABLE 3 \1\
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---------------------------------
           Area  classification                       Design value             
Primary standard attainment date
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---------------------------------
Moderate.................................  9.1-16.4 ppm.....................  D
ecember 31, 1995
\1\ So in original. Probably should be
 ``TABLE 1''.
Serious..................................  16.5 and above...................  D
ecember 31, 2000
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---------------------------------

    (2) At the time of publication of the notice required under section 
7407 of this title (designating carbon monoxide nonattainment areas), 
the Administrator shall publish a notice announcing the classification 
of each such carbon monoxide 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 with respect to such 
classification.
    (3) 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 November 15, 1990, by the procedure 
required under paragraph (2), adjust the classification of the area. In 
making such adjustment, the Administrator may consider the number of 
exceedances of the national primary ambient air quality standard for 
carbon monoxide in the area, the level of pollution transport between 
the area and the other affected areas, and the mix of sources and air 
pollutants in the area. The Administrator may make the same adjustment 
for purposes of paragraphs (2), (3), (6), and (7) of section 7512a(a) of 
this title.
    (4) Upon application by any State, the Administrator may extend for 
1 additional year (hereinafter in this subpart referred to as the 
``Extension Year'') the date specified in table 1 of subsection (a) of 
this section 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 one exceedance of the national ambient air 
    quality standard level for carbon monoxide 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 
    carbon monoxide under section 7407(d)(4) of this title, and that is 
    subsequently redesignated to nonattainment for carbon monoxide 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 subsections (a)(1) and (a)(4) 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)(2) 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.

       (2) Reclassification of Moderate Areas upon failure to 
                                   attain

        (A) General rule

            Within 6 months following the applicable attainment date for 
        a carbon monoxide nonattainment area, the Administrator shall 
        determine, based on the area's design value as of the attainment 
        date, whether the area has attained the standard by that date. 
        Any Moderate 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)(1) of this 
        section as a Serious Area.

        (B) Publication of notice

            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).

(c) References to terms

    Any reference in this subpart to a ``Moderate Area'' or a ``Serious 
Area'' shall be considered a reference to a Moderate Area or a Serious 
Area, respectively, as classified under this section.

(July 14, 1955, ch. 360, title I, Sec. 186, as added Pub. L. 101-549, 
title I, Sec. 104, Nov. 15, 1990, 104 Stat. 2452.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7509a, 7512a, 7545, 7607 of 
this title; title 23 section 149.
