§7513 Classifications and Attainment Dates

Summary

When a place is officially found to have too much PM–10 pollution, it is automatically called a "Moderate" nonattainment area and the EPA must publish that classification when it announces the designation. Two key types: Moderate Area — the default label when an area first fails the PM–10 standard; Serious Area — a stricter label used when an area cannot meet the standard on time. If EPA decides a Moderate Area cannot meet the standard by its deadline, EPA can reclassify it as Serious. For areas first listed under the older round of designations, EPA had to propose reclassification by June 30, 1991 and finish by December 31, 1991. For later listings, EPA must reclassify within 18 months after the State’s deadline to submit its plan. If a Moderate Area misses its attainment date, it becomes Serious automatically and EPA will publish a notice within 6 months. Deadlines to meet the PM–10 standard: Moderate Areas must meet it as soon as possible but no later than the end of the sixth calendar year after designation (and for certain earlier-designated areas no later than December 31, 1994). Serious Areas must meet it as soon as possible but no later than the end of the tenth calendar year after designation (and for certain earlier-designated areas no later than December 31, 2001). States can ask for extensions: Moderates may get up to two one‑year extensions if they’ve met plan requirements and air data criteria (no more than one 24-hour exceedance in the prior year and the yearly average at or below the standard). Serious Areas may get one extension of up to 5 years if meeting the original date is impracticable, the State met plan duties, the plan includes the most stringent feasible measures, and the State submits a new showing of when it will attain the standard. EPA may waive some requirements or dates for a Serious Area when human-made sources are not a major cause or when natural sources are a major cause.