--- kind: "section" citation: "42 U.S.C. § 7512" title: "42" title_heading: "The Public Health and Welfare" number: "7512" heading: "Classification and attainment dates" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/7512" units: - "Chapter 85 — Air Pollution Prevention and Control" - "Subchapter I — Programs and Activities" - "Part D — Plan Requirements for Nonattainment Areas" - "Subpart 3 — additional provisions for carbon monoxide nonattainment areas" --- # §7512. Classification and attainment dates - (a) **Classification by operation of law and attainment dates for nonattainment areas—** - (1) Each area designated nonattainment for carbon monoxide pursuant to [section 7407(d) of this title](/usc/42/7407.md?p=d) 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](/usc/42/7602.md?p=a) most recently before November 15, 1990. For each area classified under this subsection, the [primary standard attainment date](/usc/42/7602.md?p=n) for carbon monoxide shall be as expeditiously as practicable but not later than the date provided in table 1: | TABLE 3[^1] | | | | --- | --- | --- | | Area
classification | Design value | [Primary standard attainment date](/usc/42/7602.md?p=n) | | Moderate | 9.1–16.4 ppm | December 31, 1995 | | Serious | 16.5 and above | December 31, 2000 | - (2) At the time of publication of the notice required under [section 7407 of this title](/usc/42/7407.md) (designating carbon monoxide [nonattainment areas](/usc/42/7501.md?p=2)), the [Administrator](/usc/42/7602.md?p=a) shall publish a notice announcing the classification of each such carbon monoxide [nonattainment area](/usc/42/7501.md?p=2). The provisions of [section 7502(a)(1)(B) of this title](/usc/42/7502.md?p=a-1-B) (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)](#a-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](/usc/42/7602.md?p=a) may, in the [Administrator](/usc/42/7602.md?p=a)’s discretion, within 90 days after November 15, 1990, by the procedure required under [paragraph (2)](#a-2), adjust the classification of the area. In making such adjustment, the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=g) in the area. The [Administrator](/usc/42/7602.md?p=a) may make the same adjustment for purposes of paragraphs (2), (3), (6), and (7) of [section 7512a(a) of this title](/usc/42/7512a.md?p=a). - (4) Upon application by any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) 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)](#a) if— - (A) the [State](/usc/42/7602.md?p=d) has complied with all requirements and commitments pertaining to the area in the [applicable implementation plan](/usc/42/7602.md?p=q), 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. No more than 2 one-year extensions may be issued under this paragraph for a single [nonattainment area](/usc/42/7501.md?p=2). - (b) **New designations and reclassifications—** - (1) **New designations to nonattainment—** Any area that is designated attainment or unclassifiable for carbon monoxide under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), and that is subsequently redesignated to nonattainment for carbon monoxide under [section 7407(d)(3) of this title](/usc/42/7407.md?p=d-3), shall, at the time of the redesignation, be classified by operation of law in accordance with table 1 under subsections [(a)(1)](#a-1) and [(a)(4)](#a-4). Upon its classification, the area shall be subject to the same requirements under [section 7410 of this title](/usc/42/7410.md), 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)](#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) **Reclassification of Moderate Areas upon failure to attain—** - (A) **General rule—** Within 6 months following the applicable attainment date for a carbon monoxide [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) 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)](#a-1) as a Serious Area. - (B) **Publication of notice—** The [Administrator](/usc/42/7602.md?p=a) shall publish a notice in the Federal Register, no later than 6 months following the attainment date, identifying each area that the [Administrator](/usc/42/7602.md?p=a) has determined, under [subparagraph (A)](#b-2-A), as having failed to attain and identifying the reclassification, if any, described under [subparagraph (A)](#b-2-A). - (c) **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. ## Footnotes [^1]: So in original. Probably should be “TABLE 1”. ## Source credit (July 14, 1955, ch. 360, title I, § 186, as added Pub. L. 101–549, title I, § 104, Nov. 15, 1990, 104 Stat. 2452.)