Title 42 — The Public Health and WelfareRelease 119-73

§7512 Classification and attainment dates

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - PROGRAMS AND ACTIVITIES › Part Part D— - Plan Requirements for Nonattainment Areas › Subpart subpart 3— - additional provisions for carbon monoxide nonattainment areas › § 7512

Last updated Apr 6, 2026|Official source

Summary

Areas that the EPA finds are not meeting the carbon monoxide (CO) air standard must be put into one of two groups: Moderate or Serious. The EPA figures each area’s "design value" using the method that was in place just before November 15, 1990. If the design value is 9.1–16.4 parts per million (ppm), the area is Moderate and must meet the CO standard by December 31, 1995. If it is 16.5 ppm or higher, the area is Serious and must meet the standard by December 31, 2000. When areas are first designated nonattainment, the EPA must publish their classifications. The EPA may, within 90 days after November 15, 1990, change a classification if a 5% change in the design value would move the area to a different class. The EPA can look at exceedances, pollution transport, and the mix of pollution sources when doing that. A state can ask for one extra year beyond the date above if it has met its plan duties and had no more than one exceedance in the year before the extra year. If an area that was earlier called attainment or unclassifiable is later made nonattainment, it gets classified the same way and follows the same rules, but any fixed deadlines are pushed back by the amount of time between November 15, 1990, and the date it is classified. Within six months after an area’s attainment date, the EPA must check whether it actually met the standard. Any Moderate area that failed is automatically reclassified as Serious, and the EPA must publish a notice naming areas that failed and any reclassifications. References to Moderate or Serious in this part mean the classifications set out here.

Full Legal Text

Title 42, §7512

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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 AreaclassificationDesign valuePrimary standard attainment date Moderate9.1–16.4 ppmDecember 31, 1995 Serious16.5 and aboveDecember 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.

(b)(1)Any area that is designated attainment or unclassifiable for carbon monoxide under section 7407(d)(4) of this title, and that is subsequently redesignated to nonattainment for carbon monoxide 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 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 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 November 15, 1990, and the date the area is classified.

(2)(A)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.

(B)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).

(c)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7512

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73