Classification by operation of law and attainment dates for nonattainment areas
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TABLE 3 1 |
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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 |
New designations and reclassifications
New designations to nonattainment
section 7407(d)(4) of this titlesection 7407(d)(3) of this titlesection 7410 of this titleAny area that is designated attainment or unclassifiable for carbon monoxide under , and that is subsequently redesignated to nonattainment for carbon monoxide under , 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). Upon its classification, the area shall be subject to the same requirements under , 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), 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 , and the date the area is classified.
Reclassification of Moderate Areas upon failure to attain
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) as a Serious Area.
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).
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 Pub. L. 101–549, title I, § 104104 Stat. 2452 (, title I, § 186, as added , , .)