Page:United States Statutes at Large Volume 104 Part 4.djvu/143

 publication. PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2459 "(1) RECLASSIFICATION BEFORE ATTAINMENT DATE.— The Administrator may reclassify as a Serious PM-10 nonattainment area (identified in this subpart also as a 'Serious Area') any area that the Administrator determines cannot practicably attain the national ambient air quality standard for PM-10 by the attainment date (as prescribed in subsection (c)) for Moderate Areas. The Administrator shall reclassify appropriate areas as Serious by the following dates: "(A) For areas designated nonattainment for PM-10 under section 107(d)(4), the Administrator 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 shall reclassify appropriate areas within 18 months after the required date for the State'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 nonattainment area, the Administrator shall determine whether the area attained the standard by that date. If the Administrator 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 shall publish a notice in the Fed- Federal eral Register no later than 6 months following the attain- |^,^^f*®f-^ ment date, identifying the area as having failed to attain and identifying the reclassification described under subparagraph (A). "(c) ATTAINMENT DATES.— Except as provided under subsection (d), the attainment dates for PM-10 nonattainment areas 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 under section 107(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 under section 107(d)(4), the date shall not extend beyond December 31, 2001. " (d) EXTENSION OF ATTAINMENT DATE FOR MODERATE AREAS.— Upon application by any State, the Administrator may extend for 1 additional year (hereinafter referred to as the 'Extension Year') the date specified in paragraph (c)(1) if— "(1) the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan; and "(2) no more than one exceedance of the 24-hour national ambient air quality standard level for PM-10 has occurred in the area in the year preceding the Extension Year, and the annual mean concentration of PM-10 in the area for such year is less than or equal to the standard level.

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