42 U.S.C. § 7511 — Classifications and attainment dates

Page 7286 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7511 2 So in original. Section 7512(b) of this title does not contain a par. (9). the Administrator that, with respect to an ozone nonattainment area in such State, such State would have attained the national ambient air quality standard for ozone by the applicable at- tainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of section 7511(a)(2) or (5) of this title or section 7511d of this title. (c) Attainment of carbon monoxide levels Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator, with respect to a carbon monoxide nonattainment area in such State, that such State has attained the national ambi- ent air quality standard for carbon monoxide by the applicable attainment date, but for emis- sions emanating from outside of the United States, shall not be subject to the provisions of section 7512(b)(2) or (9) 2 of this title. (d) Attainment of PM–10 levels Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to a PM–10 nonattainment area in such State, such State would have attained the national ambient air quality standard for carbon monoxide by the ap- plicable attainment date, but for emissions ema- nating from outside the United States, shall not be subject to the provisions of section 7513(b)(2) of this title. (July 14, 1955, ch. 360, title I, § 179B, as added Pub. L. 101–549, title VIII, § 818, Nov. 15, 1990, 104 Stat. 2697.) Statutory Notes and Related Subsidiaries ESTABLISHMENT OF PROGRAM TO MONITOR AND IM- PROVE AIR QUALITY IN REGIONS ALONG BORDER BE- TWEEN UNITED STATES AND MEXICO Pub. L. 101–549, title VIII, § 815, Nov. 15, 1990, 104 Stat. 2693, provided that the Administrator of the Environ- mental Protection Agency was authorized, in coopera- tion with the Department of State and the affected bor- der States, to negotiate with representatives of Mexico to authorize a program, not to extend beyond July 1, 1995, to monitor and improve air quality in regions along the border between the United States and Mex- ico, with requirements for monitoring, remediation, annual reports, and funding and personnel. SUBPART 2—ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS § 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 designa- tion, 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 Area class Design value* Primary standard attainment date** Marginal .. 0.121 up to 0.138 ... 3 years after Novem- ber 15, 1990 Moderate .. 0.138 up to 0.160 ... 6 years after Novem- ber 15, 1990 Serious ..... 0.160 up to 0.180 ... 9 years after Novem- ber 15, 1990 Severe ...... 0.180 up to 0.280 ... 15 years after Novem- ber 15, 1990 Extreme ... 0.280 and above ... 20 years after Novem- ber 15, 1990 *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 se- vere 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 non- attainment area. The provisions of section 7502(a)(1)(B) of this title (relating to lack of no- tice 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 Ad- ministrator may, in the Administrator’s discre- tion, within 90 days after the initial classifica- tion, by the procedure required under paragraph (3), adjust the classification to place the area in such other category. In making such adjust- ment, the Administrator may consider the num- ber of exceedances of the national primary am- bient air quality standard for ozone in the area, the level of pollution transport between the area and other affected areas, including both intra- state and interstate transport, and the mix of sources and air pollutants in the area. (5) Upon application by any State, the Admin- istrator may extend for 1 additional year (here- inafter 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 require- ments and commitments pertaining to the area in the applicable implementation plan, and (B) no more than 1 exceedance of the na- tional ambient air quality standard level for ozone has occurred in the area in the year pre- ceding the Extension Year. No more than 2 one-year extensions may be issued under this paragraph for a single non- attainment area. Page 7287 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7511 1 So in original. Probably should be ‘‘terms’’. (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). Upon its classification, the area shall be subject to the same require- ments 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), 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 Ex- treme 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) 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 subpara- graph (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, identi- fying each area that the Administrator has de- termined under subparagraph (A) as having failed to attain and identifying the reclassi- fication, 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) 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 re- quest. (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 pro- visions 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 NOx 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 sub- paragraph (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 sec- tion 7511a(g) of this title, the new source re- view requirements applicable under this sub- part in Extreme Areas shall apply in the area and the term 1 ‘‘major source’’ and ‘‘major sta- tionary source’’ shall have the same meaning as in Extreme Areas. (C) In addition to the requirements of sub- paragraph (A) for those areas referred to in subparagraph (A) and not covered by subpara- graph (B), the provisions referred to in sub- paragraph (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 Adminis- trator modifies the method of determining compliance with the national primary ambi- ent 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 ‘‘Mar- ginal 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 classi- fied 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, § 181, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2423.) Statutory Notes and Related Subsidiaries EXEMPTIONS FOR STRIPPER WELLS Pub. L. 101–549, title VIII, § 819, Nov. 15, 1990, 104 Stat. 2698, provided that: ‘‘Notwithstanding any other provi- sion 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 non- attainment areas), by section 104 of such amendments [enacting sections 7512 and 7512a of this title] (relating to additional provisions for carbon monoxide non- attainment areas), by section 105 of such amendments [enacting sections 7513 to 7513b of this title and amend- ing section 7476 of this title] (relating to additional pro- visions for PM–10 nonattainment areas), and by section Page 7288 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7511a 106 of such amendments [enacting sections 7514 and 7514a of this title] (relating to additional provisions for areas designated as nonattainment for sulfur oxides, ni- trogen dioxide, and lead) shall not apply with respect to the production of and equipment used in the explo- ration, 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 Rev- enue Code of 1986 [26 U.S.C. 4996(b)(7)], as in effect be- fore 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 amend- ments 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 des- ignated as Severe or Extreme pursuant to such part D.’’ § 7511a. Plan submissions and requirements (a) Marginal Areas Each State in which all or part of a Marginal Area is located shall, with respect to the Mar- ginal Area (or portion thereof, to the extent specified in this subsection), submit to the Ad- ministrator the State implementation plan revi- sions (including the plan items) described under this subsection except to the extent the State has made such submissions as of November 15, 1990. (1) Inventory Within 2 years after November 15, 1990, the State shall submit a comprehensive, accurate, current inventory of actual emissions from all sources, as described in section 7502(c)(3) of this title, in accordance with guidance pro- vided by the Administrator. (2) Corrections to the State implementation plan Within the periods prescribed in this para- graph, the State shall submit a revision to the State implementation plan that meets the fol- lowing requirements— (A) Reasonably available control technology corrections For any Marginal Area (or, within the Ad- ministrator’s discretion, portion thereof) the State shall submit, within 6 months of the date of classification under section 7511(a) of this title, a revision that includes such pro- visions to correct requirements in (or add re- quirements to) the plan concerning reason- ably available control technology as were re- quired under section 7502(b) of this title (as in effect immediately before November 15, 1990), as interpreted in guidance issued by the Administrator under section 7408 of this title before November 15, 1990. (B) Savings clause for vehicle inspection and maintenance (i) For any Marginal Area (or, within the Administrator’s discretion, portion thereof), the plan for which already includes, or was required by section 7502(b)(11)(B) of this title (as in effect immediately before November 15, 1990) to have included, a specific schedule for implementation of a vehicle emission control inspection and maintenance pro- gram, the State shall submit, immediately after November 15, 1990, a revision that in- cludes any provisions necessary to provide for a vehicle inspection and maintenance program of no less stringency than that of either the program defined in House Report Numbered 95–294, 95th Congress, 1st Session, 281–291 (1977) as interpreted in guidance of the Administrator issued pursuant to sec- tion 7502(b)(11)(B) of this title (as in effect immediately before November 15, 1990) or the program already included in the plan, which- ever is more stringent. (ii) Within 12 months after November 15, 1990, the Administrator shall review, revise, update, and republish in the Federal Reg- ister the guidance for the States for motor vehicle inspection and maintenance pro- grams required by this chapter, taking into consideration the Administrator’s investiga- tions and audits of such program. The guid- ance shall, at a minimum, cover the fre- quency of inspections, the types of vehicles to be inspected (which shall include leased vehicles that are registered in the non- attainment area), vehicle maintenance by owners and operators, audits by the State, the test method and measures, including whether centralized or decentralized, inspec- tion methods and procedures, quality of in- spection, components covered, assurance that a vehicle subject to a recall notice from a manufacturer has complied with that no- tice, and effective implementation and en- forcement, including ensuring that any re- testing of a vehicle after a failure shall in- clude proof of corrective action and pro- viding for denial of vehicle registration in the case of tampering or misfueling. The guidance which shall be incorporated in the applicable State implementation plans by the States shall provide the States with con- tinued reasonable flexibility to fashion ef- fective, reasonable, and fair programs for the affected consumer. No later than 2 years after the Administrator promulgates regula- tions under section 7521(m)(3) of this title (relating to emission control diagnostics), the State shall submit a revision to such program to meet any requirements that the Administrator may prescribe under that sec- tion. (C) Permit programs Within 2 years after November 15, 1990, the State shall submit a revision that includes each of the following: (i) Provisions to require permits, in ac- cordance with sections 7502(c)(5) and 7503 of this title, for the construction and oper- ation of each new or modified major sta- tionary source (with respect to ozone) to be located in the area. (ii) Provisions to correct requirements in (or add requirements to) the plan con- cerning permit programs as were required under section 7502(b)(6) of this title (as in effect immediately before November 15, 1990), as interpreted in regulations of the Administrator promulgated as of Novem- ber 15, 1990.