Classifications and attainment dates
42 U.S. Code § 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 designation, 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 |
---|
Marginal |
0.121 up to 0.138 |
3 years after November 15, 1990 |
Moderate |
0.138 up to 0.160 |
6 years after November 15, 1990 |
Serious |
0.160 up to 0.180 |
9 years after November 15, 1990 |
Severe |
0.180 up to 0.280 |
15 years after November 15, 1990 |
Extreme |
0.280 and above |
20 years after November 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 severe 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 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 to such classification.
This document is only available to subscribers. Please log in or purchase access.