Page:United States Statutes at Large Volume 104 Part 4.djvu/137

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2453 section 172(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), 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 the date of the enactment of the Clean Air Act Amendments of 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 187(a). "(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. No more than 2 one-year extensions may be issued under this paragraph for a single nonattainment area. " (b) NEW DESIGNATIONS AND RECLASSIFICATIONS. — "(1) NEW DESIGNATIONS TO NONATTAINMENT. — Any area that is designated attainment or unclassifiable for carbon monoxide under section 107(d)(4), and that is subsequently redesignated to nonattainment for carbon monoxide under section 107(d)(3), 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 110, 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 the date of the enactment of the Clean Air Act Amendments of 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, 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) PUBLICATION OF NOTICE. — The Administrator shall Federal publish a notice in the Federal Register, no later than 6 ^^sjster, months following the attainment date, identifying each Publication.

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