42 U.S.C. § 7511f — NOx and VOC study

Page 7304 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7511f 1 So in original. Probably should be ‘‘TABLE 1’’. June 30, 1992, the Administrator shall determine by order, based on the area’s design value as of the attainment date, whether the area attained such standard by December 31, 1991. If the Ad- ministrator determines that the area attained the standard, the Administrator shall require, as part of the order, the State to submit a mainte- nance plan for the area within 12 months of such determination. If the Administrator determines that the area failed to attain the standard, the Administrator shall, by June 30, 1992, designate the area as nonattainment under section 7407(d)(4) of this title. (July 14, 1955, ch. 360, title I, § 185A, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2451.) § 7511f. NOx and VOC study The Administrator, in conjunction with the National Academy of Sciences, shall conduct a study on the role of ozone precursors in tropo- spheric ozone formation and control. The study shall examine the roles of NOx and VOC emission reductions, the extent to which NOx reductions may contribute (or be counterproductive) to achievement of attainment in different non- attainment areas, the sensitivity of ozone to the control of NOx, the availability and extent of controls for NOx, the role of biogenic VOC emis- sions, and the basic information required for air quality models. The study shall be completed and a proposed report made public for 30 days comment within 1 year of November 15, 1990, and a final report shall be submitted to Congress within 15 months after November 15, 1990. The Administrator shall utilize all available infor- mation and studies, as well as develop addi- tional information, in conducting the study re- quired by this section. (July 14, 1955, ch. 360, title I, § 185B, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2452.) SUBPART 3—ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NONATTAINMENT AREAS § 7512. Classification and attainment dates (a) Classification by operation of law and attain- ment 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 interpreta- tion 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 prac- ticable 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 TABLE 3 1—Continued Area classification Design value Primary standard attainment date Serious ............. 16.5 and above ... December 31, 2000 (2) At the time of publication of the notice re- quired under section 7407 of this title (desig- nating carbon monoxide nonattainment areas), the Administrator shall publish a notice an- nouncing 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 Ad- ministrator may, in the Administrator’s discre- tion, within 90 days after November 15, 1990, by the procedure required under paragraph (2), ad- just the classification of the area. In making such adjustment, the Administrator may con- sider 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 af- fected areas, and the mix of sources and air pol- lutants in the area. The Administrator may make the same adjustment for purposes of para- graphs (2), (3), (6), and (7) of section 7512a(a) of this title. (4) Upon application by any State, the Admin- istrator may extend for 1 additional year (here- inafter in this subpart referred to as the ‘‘Exten- sion Year’’) the date specified in table 1 of sub- section (a) if— (A) the State has complied with all require- ments and commitments pertaining to the area in the applicable implementation plan, and (B) no more than one exceedance of the na- tional 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 non- attainment area. (b) New designations and reclassifications (1) New designations to nonattainment Any area that is designated attainment or unclassifiable for carbon monoxide under sec- tion 7407(d)(4) of this title, and that is subse- quently redesignated to nonattainment for carbon monoxide under section 7407(d)(3) of this title, shall, at the time of the redesigna- tion, be classified by operation of law in ac- cordance with table 1 under subsections (a)(1) and (a)(4). 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 ap- plied had the area been so classified at the time of the notice under subsection (a)(2), ex- cept 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.