Collapse to view only § 7512. Classification and attainment dates
§ 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 | ||
|---|---|---|
Area classification | Design value | Primary standard attainment date |
Moderate | 9.1–16.4 ppm | December 31, 1995 |
Serious | 16.5 and above | December 31, 2000 |
1 So in original. Probably should be “TABLE 1”.
(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) 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
(2) Reclassification of Moderate Areas upon failure to attain
(A) General rule
(B) Publication of notice
(c) References to terms
(July 14, 1955, ch. 360, title I, § 186, as added Pub. L. 101–549, title I, § 104, Nov. 15, 1990, 104 Stat. 2452.)
§ 7512a. Plan submissions and requirements
(a) Moderate AreasEach State in which all or part of a Moderate Area is located shall, with respect to the Moderate Area (or portion thereof, to the extent specified in guidance of the Administrator issued before November 15, 1990), submit to the Administrator the State implementation plan revisions (including the plan items) described under this subsection, within such periods as are prescribed under this subsection, except to the extent the State has made such submissions as of November 15, 1990:
(1) Inventory
(2)
(A) Vehicle miles traveled
(B) Special rule for Denver
(3) Contingency provisions
(4) Savings clause for vehicle inspection and maintenance provisions of the State implementation plan
(5) Periodic inventory
(6) Enhanced vehicle inspection and maintenance
(7) Attainment demonstration and specific annual emission reductions
The Administrator may, in the Administrator’s discretion, require States to submit a schedule for submitting any of the revisions or other items required under this subsection. In the case of Moderate Areas with a design value of 12.7 ppm or lower at the time of classification, the requirements of this subsection shall apply in lieu of any requirement that the State submit a demonstration that the applicable implementation plan provides for attainment of the carbon monoxide standard by the applicable attainment date.
(b) Serious Areas
(1) In general
(2) Vehicle miles traveled
(3) Oxygenated gasoline
(A) Within 2 years after November 15, 1990, the State shall submit a revision to require that gasoline sold, supplied, offered for sale or supply, dispensed, transported or introduced into commerce in the larger of—
(i) the Consolidated Metropolitan Statistical Area (as defined by the United States Office of Management and Budget) (CMSA) in which the area is located, or
(ii) if the area is not located in a CMSA, the Metropolitan Statistical Area (as defined by the United States Office of Management and Budget) in which the area is located,
be blended, during the portion of the year in which the area is prone to high ambient concentrations of carbon monoxide (as determined by the Administrator), with fuels containing such level of oxygen as is necessary, in combination with other measures, to provide for attainment of the carbon monoxide national ambient air quality standard by the applicable attainment date and maintenance of the national ambient air quality standard thereafter in the area. The revision shall provide that such requirement shall take effect no later than October 1, 1993, and shall include a program for implementation and enforcement of the requirement consistent with guidance to be issued by the Administrator.
(B) Notwithstanding subparagraph (A), the revision described in this paragraph shall not be required for an area if the State demonstrates to the satisfaction of the Administrator that the revision is not necessary to provide for attainment of the carbon monoxide national ambient air quality standard by the applicable attainment date and maintenance of the national ambient air quality standard thereafter in the area.
(c) Areas with significant stationary source emissions of CO
(1) Serious Areas
(2) Waivers for certain areas
(3) Guidelines
(d) CO milestone
(1) Milestone demonstration
(2) Adequacy of demonstration
(3) Failure to meet emission reduction milestone
(e) Multi-State CO nonattainment areas
(1) Coordination among States
(2) Failure to demonstrate attainment
(f) Reclassified areas
(g) Failure of Serious Area to attain standard
(July 14, 1955, ch. 360, title I, § 187, as added Pub. L. 101–549, title I, § 104, Nov. 15, 1990, 104 Stat. 2454.)