40 C.F.R. § 51.903

How do the classification and attainment date provisions in section 181 of subpart 2 of the CAA apply to areas subject to § 51.902(a)?

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(a) In accordance with section 181(a)(1) of the CAA, each area subject to § 51.902(a) shall be classified by operation of law at the time of designation. However, the classification shall be based on the 8-hour design value for the area, in accordance with Table 1 below, or such higher or lower classification as the State may request as provided in paragraphs (b) and (c) of this section. The 8-hour design value for the area shall be calculated using the three most recent years of air quality data. For each area classified under this section, the primary NAAQS attainment date for the 8-hour NAAQS shall be as expeditious as practicable but not later than the date provided in the following Table 1.

Table 1—Classification for 8-Hour Ozone NAAQS for Areas Subject to § 51.902(a)
Area class		8-hour design value (ppm ozone)	Maximum period for attainment dates in state plans (years after effective date of nonattainment designation for 8-hour NAAQS)
Marginal	from up to ¹	0.085 0.092	3
Moderate	from up to ¹	0.092 0.107	6
Serious	from up to ¹	0.107 0.120	9
Severe-15	from up to ¹	0.120 0.127	15
Severe-17	from up to ¹	0.127 0.187	17
Extreme	equal to or above	0.187	20
¹ but not including.

(b) A State may request a higher classification for any reason in accordance with section 181(b)(3) of the CAA.

Notes of Decisions

Cited in 3 cases, 2006–2008 · leading case: Ass'n of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist., 39 Envtl. L. Rep. (Envtl. Law Inst.) 20281 (Cal. Ct. App. 2008).

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Ass'n of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist., 39 Envtl. L. Rep. (Envtl. Law Inst.) 20281 (Cal. Ct. App. 2008). “” (See 40 C.F.R. § 51.903 (2008).) These classifications do not exist for other pollutants regulated by national ambient air quality standards.”

South Coast Air Quality Mgmt. Dist. v. Env't Prot. Agency, 489 F.3d 1245 (D.C. Cir. 2006). · cites it 3× “at 23,998 (codified at 40 C.F.R. § 51.903 (a) tbl.1). EPA’s translation meant that areas with the same percentage deviation from the one-hour NAAQS and the eight-hour NAAQS would be classified the same.”

South Coast Air Quality Mgmt. Dist. v. Env't Prot. Agency, 472 F.3d 882 (D.C. Cir. 2006). · cites it 3× “at 23,998 (codified at 40 C.F.R. § 51.903 (a) tbl.l). EPA’s translation meant that areas with the same percentage deviation from the one-hour NAAQS and the eight-hour NAAQS would be classified the same.”

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