
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: 42USC7513]

 
                 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 4--additional provisions for particulate matter nonattainment 
                                  areas
 
Sec. 7513. Classifications and attainment dates


(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) of this 
    section) 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).

(c) Attainment dates

    Except as provided under subsection (d) of this section, 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--
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    \1\ So in original. Probably should be ``subsection''.
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        (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) of this section, if attainment by the date established 
under subsection (c) of this section 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.

(July 14, 1955, ch. 360, title I, Sec. 188, as added Pub. L. 101-549, 
title I, Sec. 105(a), Nov. 15, 1990, 104 Stat. 2458.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7509a, 7513a of this title; 
title 23 section 149.
