---
kind: "section"
citation: "42 U.S.C. § 7513"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7513"
heading: "Classifications and attainment dates"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7513"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part D — Plan Requirements for Nonattainment Areas"
  - "Subpart 4 — additional provisions for particulate matter nonattainment areas"
---

# §7513. Classifications and attainment dates

- (a) **Initial classifications—** Every area designated nonattainment for [PM–10](/usc/42/7602.md?p=t) pursuant to [section 7407(d) of this title](/usc/42/7407.md?p=d) shall be classified at the time of such designation, by operation of law, as a moderate [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2) (also referred to in this subpart as a “Moderate Area”) at the time of such designation. At the time of publication of the notice under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4) (relating to area designations) for each [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) shall publish a notice announcing the classification of such area. 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.
- (b) **Reclassification as Serious—**
  - (1) **Reclassification before attainment date—** The [Administrator](/usc/42/7602.md?p=a) may reclassify as a Serious [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2) (identified in this subpart also as a “Serious Area”) any area that the [Administrator](/usc/42/7602.md?p=a) determines cannot practicably attain the national ambient air quality standard for [PM–10](/usc/42/7602.md?p=t) by the attainment date (as prescribed in [subsection (c)](#c)) for Moderate Areas. The [Administrator](/usc/42/7602.md?p=a) shall reclassify appropriate areas as Serious by the following dates:
    - (A) For areas designated nonattainment for [PM–10](/usc/42/7602.md?p=t) under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), the [Administrator](/usc/42/7602.md?p=a) shall propose to reclassify appropriate areas by June 30, 1991, and take final action by December 31, 1991.
    - (B) For areas subsequently designated nonattainment, the [Administrator](/usc/42/7602.md?p=a) shall reclassify appropriate areas within 18 months after the required date for the [State](/usc/42/7602.md?p=d)’s submission of a SIP for the Moderate Area.
  - (2) **Reclassification upon failure to attain—** Within 6 months following the applicable attainment date for a [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2), the [Administrator](/usc/42/7602.md?p=a) shall determine whether the area attained the standard by that date. If the [Administrator](/usc/42/7602.md?p=a) finds that any Moderate Area is not in attainment after the applicable attainment date—
    - (A) the area shall be reclassified by operation of law as a Serious Area; and
    - (B) 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 the area as having failed to attain and identifying the reclassification described under [subparagraph (A)](#b-2-A).
- (c) **Attainment dates—** Except as provided under [subsection (d)](#d), the attainment dates for [PM–10](/usc/42/7602.md?p=t) [nonattainment areas](/usc/42/7501.md?p=2) shall be as follows:
  - (1) **Moderate Areas—** For a Moderate Area, the attainment date shall be as expeditiously as practicable but no later than the end of the sixth calendar year after the area’s designation as nonattainment, except that, for areas designated nonattainment for [PM–10](/usc/42/7602.md?p=t) under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), the attainment date shall not extend beyond December 31, 1994.
  - (2) **Serious Areas—** For a Serious Area, the attainment date shall be as expeditiously as practicable but no later than the end of the tenth calendar year beginning after the area’s designation as nonattainment, except that, for areas designated nonattainment for [PM–10](/usc/42/7602.md?p=t) under [section 7407(d)(4) of this title](/usc/42/7407.md?p=d-4), the date shall not extend beyond December 31, 2001.
- (d) **Extension of attainment date for Moderate Areas—** 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 referred to as the “Extension Year”) the date specified in paragraph[^1] (c)(1) if—
  - (1) 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
  - (2) no more than one exceedance of the 24-hour national ambient air quality standard level for [PM–10](/usc/42/7602.md?p=t) has occurred in the area in the year preceding the Extension Year, and the annual mean concentration of [PM–10](/usc/42/7602.md?p=t) in the area for such year is less than or equal to the standard level.

  No more than 2 one-year extensions may be issued under the subsection for a single [nonattainment area](/usc/42/7501.md?p=2).

- (e) **Extension of attainment date for Serious Areas—** Upon application by any [State](/usc/42/7602.md?p=d), the [Administrator](/usc/42/7602.md?p=a) may extend the attainment date for a Serious Area beyond the date specified under [subsection (c)](#c), if attainment by the date established under [subsection (c)](#c) would be impracticable, the [State](/usc/42/7602.md?p=d) has complied with all requirements and commitments pertaining to that area in the implementation plan, and the [State](/usc/42/7602.md?p=d) demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the plan for that area includes the most stringent measures that are included in the implementation plan of any [State](/usc/42/7602.md?p=d) or are achieved in practice in any [State](/usc/42/7602.md?p=d), and can feasibly be implemented in the area. At the time of such application, the [State](/usc/42/7602.md?p=d) must submit a revision to the implementation plan that includes a demonstration of attainment by the most expeditious alternative date practicable. In determining whether to grant an extension, and the appropriate length of time for any such extension, the [Administrator](/usc/42/7602.md?p=a) may consider the nature and extent of nonattainment, the types and numbers of sources or other emitting activities in the area (including the influence of uncontrollable natural sources and transboundary emissions from foreign countries), the population exposed to concentrations in excess of the standard, the presence and concentration of potentially toxic substances in the mix of particulate emissions in the area, and the technological and economic feasibility of various control measures. The [Administrator](/usc/42/7602.md?p=a) may not approve an extension until the [State](/usc/42/7602.md?p=d) submits an attainment demonstration for the area. The [Administrator](/usc/42/7602.md?p=a) may grant at most one such extension for an area, of no more than 5 years.
- (f) **Waivers for certain areas—** The [Administrator](/usc/42/7602.md?p=a) may, on a case-by-case basis, waive any requirement applicable to any Serious Area under this subpart where the [Administrator](/usc/42/7602.md?p=a) determines that anthropogenic sources of [PM–10](/usc/42/7602.md?p=t) do not contribute significantly to the [violation](/usc/42/2000e–16a.md?p=c) of the [PM–10](/usc/42/7602.md?p=t) standard in the area. The [Administrator](/usc/42/7602.md?p=a) may also waive a specific date for attainment of the standard where the [Administrator](/usc/42/7602.md?p=a) determines that nonanthropogenic sources of [PM–10](/usc/42/7602.md?p=t) contribute significantly to the [violation](/usc/42/2000e–16a.md?p=c) of the [PM–10](/usc/42/7602.md?p=t) standard in the area.

## Footnotes

[^1]: So in original. Probably should be “subsection”.

## Source credit

(July 14, 1955, ch. 360, title I, § 188, as added Pub. L. 101–549, title I, § 105(a), Nov. 15, 1990, 104 Stat. 2458.)