C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS › Subpart Z—Provisions for Implementation of PM2.5 National Ambient Air Quality Standards

40 C.F.R. § 51.1002

Classifications and reclassifications

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(a) Initial classification as Moderate PM2.5nonattainment area. Any area designated nonattainment for a PM2.5 NAAQS shall be classified at the time of such designation, by operation of law, as a Moderate PM2.5 nonattainment area.

(b) Reclassification as Serious PM2.5nonattainment area. A Moderate nonattainment area shall be reclassified to Serious under the following circumstances:

(1) The EPA shall reclassify as Serious through notice-and-comment rulemaking any Moderate PM2.5 nonattainment area that the EPA determines cannot practicably attain a particular PM2.5 NAAQS by the applicable Moderate area attainment date.

(2) A Moderate PM2.5 nonattainment area shall be reclassified by operation of law as a Serious nonattainment area if the EPA finds through notice-and-comment rulemaking that the area failed to attain a particular PM2.5 NAAQS by the applicable Moderate area attainment date.

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Nat. Resources Def. Council v. Env't Prot. Agency, 706 F.3d 428 (D.C. Cir. 2013).
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Nat. Resources Def. Council v. Env't Prot. Agency, 706 F.3d 428 (D.C. Cir. 2013). · cites it 2× “” 40 C.F.R. § 51.1002 (c)(4)(i). *436 When Congress enacted Subpart 4, it sought to end this administrative gamesmanship.”
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