42 U.S.C. § 7511

Classifications and attainment dates

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(a) Classification and attainment dates for 1989 nonattainment areas(1) Each area designated nonattainment for ozone pursuant to section 7407(d) of this title shall be classified at the time of such designation, under table 1, by operation of law, as a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area based on the design value for the area. The design value shall be calculated according to the interpretation methodology issued by the Administrator most recently before November 15, 1990. For each area classified under this subsection, the primary standard attainment date for ozone shall be as expeditiously as practicable but not later than the date provided in table 1.

TABLE 1
Area class	Design value*	Primary standard attainment date**
*The design value is measured in parts per million (ppm).
**The primary standard attainment date is measured from November 15, 1990.
Marginal	0.121 up to 0.138	3 years after November 15, 1990
Moderate	0.138 up to 0.160	6 years after November 15, 1990
Serious	0.160 up to 0.180	9 years after November 15, 1990
Severe	0.180 up to 0.280	15 years after November 15, 1990
Extreme	0.280 and above	20 years after November 15, 1990

(2) Notwithstanding table 1, in the case of a severe area with a 1988 ozone design value between 0.190 and 0.280 ppm, the attainment date shall be 17 years (in lieu of 15 years) after November 15, 1990.(3) At the time of publication of the notice under section 7407(d)(4) of this title (relating to area designations) for each ozone nonattainment area, the Administrator shall publish a notice announcing the classification of such ozone nonattainment area. The provisions of section 7502(a)(1)(B) of this title (relating to lack of notice and comment and judicial review) shall apply to such classification.(4) 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 initial classification, by the procedure required under paragraph (3), adjust the classification to place the area in such other category. In making such adjustment, the Administrator may consider the number of exceedances of the national primary ambient air quality standard for ozone in the area, the level of pollution transport between the area and other affected areas, including both intrastate and interstate transport, and the mix of sources and air pollutants in the area.(5) Upon application by any State, the Administrator may extend for 1 additional year (hereinafter referred to as the “Extension Year”) the date specified in table 1 of paragraph (1) of this subsection 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 1 exceedance of the national ambient air quality standard level for ozone 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 ozone under section 7407(d)(4) of this title, and that is subsequently redesignated to nonattainment for ozone under section 7407(d)(3) of this title, shall, at the time of the redesignation, be classified by operation of law in accordance with table 1 under subsection (a). Upon its classification, the area shall be subject to the same requirements under section 7410 of this title, 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)(3), 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 November 15, 1990, and the date the area is classified under this paragraph.

(2) Reclassification upon failure to attain(A) Within 6 months following the applicable attainment date (including any extension thereof) for an ozone nonattainment area, the Administrator shall determine, based on the area’s design value (as of the attainment date), whether the area attained the standard by that date. Except for any Severe or Extreme area, any 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) to the higher of—(i) the next higher classification for the area, or(ii) the classification applicable to the area’s design value as determined at the time of the notice required under subparagraph (B).No area shall be reclassified as Extreme under clause (ii).(B) The Administrator shall publish a notice in the Federal Register, no later than 6 months following the attainment date, identifying each area that the Administrator has determined under subparagraph (A) as having failed to attain and identifying the reclassification, if any, described under subparagraph (A).(3) Voluntary reclassification

The Administrator shall grant the request of any State to reclassify a nonattainment area in that State in accordance with table 1 of subsection (a) to a higher classification. The Administrator shall publish a notice in the Federal Register of any such request and of action by the Administrator granting the request.

(4) Failure of Severe Areas to attain standard(A) If any Severe Area fails to achieve the national primary ambient air quality standard for ozone by the applicable attainment date (including any extension thereof), the fee provisions under section 7511d of this title shall apply within the area, the percent reduction requirements of section 7511a(c)(2)(B) and (C) of this title (relating to reasonable further progress demonstration and NO_x control) shall continue to apply to the area, and the State shall demonstrate that such percent reduction has been achieved in each 3-year interval after such failure until the standard is attained. Any failure to make such a demonstration shall be subject to the sanctions provided under this part.(B) In addition to the requirements of subparagraph (A), if the ozone design value for a Severe Area referred to in subparagraph (A) is above 0.140 ppm for the year of the applicable attainment date, or if the area has failed to achieve its most recent milestone under section 7511a(g) of this title, the new source review requirements applicable under this subpart in Extreme Areas shall apply in the area and the term 11 So in original. Probably should be “terms”. “major source” and “major stationary source” shall have the same meaning as in Extreme Areas.(C) In addition to the requirements of subparagraph (A) for those areas referred to in subparagraph (A) and not covered by subparagraph (B), the provisions referred to in subparagraph (B) shall apply after 3 years from the applicable attainment date unless the area has attained the standard by the end of such 3-year period.(D) If, after November 15, 1990, the Administrator modifies the method of determining compliance with the national primary ambient air quality standard, a design value or other indicator comparable to 0.140 in terms of its relationship to the standard shall be used in lieu of 0.140 for purposes of applying the provisions of subparagraphs (B) and (C).(c) References to terms(1) Any reference in this subpart to a “Marginal Area”, a “Moderate Area”, a “Serious Area”, a “Severe Area”, or an “Extreme Area” shall be considered a reference to a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area as respectively classified under this section.(2) Any reference in this subpart to “next higher classification” or comparable terms shall be considered a reference to the classification related to the next higher set of design values in table 1.(July 14, 1955, ch. 360, title I, § 181, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2423.)Statutory Notes and Related SubsidiariesExemptions for Stripper Wells

Pub. L. 101–549, title VIII, § 819, Nov. 15, 1990, 104 Stat. 2698, provided that:

“Notwithstanding any other provision of law, the amendments to the Clean Air Act made by section 103 of the Clean Air Act Amendments of 1990 [enacting this section and sections 7511a to 7511f of this title] (relating to additional provisions for ozone nonattainment areas), by section 104 of such amendments [enacting sections 7512 and 7512a of this title] (relating to additional provisions for carbon monoxide nonattainment areas), by section 105 of such amendments [enacting sections 7513 to 7513b of this title and amending section 7476 of this title] (relating to additional provisions for PM–10 nonattainment areas), and by section 106 of such amendments [enacting sections 7514 and 7514a of this title] (relating to additional provisions for areas designated as nonattainment for sulfur oxides, nitrogen dioxide, and lead) shall not apply with respect to the production of and equipment used in the exploration, production, development, storage or processing of—“(1) oil from a stripper well property, within the meaning of the June 1979 energy regulations (within the meaning of section 4996(b)(7) of the Internal Revenue Code of 1986 [26 U.S.C. 4996(b)(7)], as in effect before the repeal of such section); and“(2) stripper well natural gas, as defined in section 108(b) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3318(b)).[,]except to the extent that provisions of such amendments cover areas designated as Serious pursuant to part D of title I of the Clean Air Act [this part] and having a population of 350,000 or more, or areas designated as Severe or Extreme pursuant to such part D.”

Notes of Decisions

Cited in 91 cases (9 in the last 5 years), 1992–2025 · leading case: Sierra Club v. Browner, 130 F. Supp. 2d 78 (D.D.C. 2001).

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Sierra Club v. Browner, 130 F. Supp. 2d 78 (D.D.C. 2001). · cites it 24× “See 42 U.S.C. §§ 7511 , 7511a. In keeping with the 1990 amendments, on November 6, 1991, the EPA Administrator published notice in the Federal Register categorizing the St.”

Whitman v. Am. Trucking Assns., Inc., 531 U.S. 457 (2001). · cites it 4× “It also rejected respondents' argument that the implementation provisions for ozone found in Part D, Subpart 2, of Title I of the CAA, 42 U. S. C. §§ 7511 -7511f, were *464 so tied to the existing ozone standard that the EPA lacked the power to revise the standard.”

Nat. Resources Def. Council v. Env't Prot. Agency, 571 F.3d 1245 (D.C. Cir. 2009). · cites it 12× “The § 172(c)(1) RACM requirement, like the timely attainment requirement of CAA § 181(a)(1), 42 U.S.C. § 7511 (a)(1), requires implementation of RACM "as expeditiously as practicable.”

Nat. Resources Def. Council v. Env't Prot. Agency, 777 F.3d 456 (D.C. Cir. 2014). · cites it 16× “; see 42 U.S.C. §§ 7511 -7514a. The amendments moved the prior, discretionary approach to Subpart 1 of Part D of Subchapter I, where it continued to apply as a default matter to pollutants not specifically addressed in the amended portions of the Act.”

Del. Dep't of Nat. Res. & Envtl. Control v. Envtl. Prot. Agency, 895 F.3d 90 (D.C. Cir. 2018). · cites it 6× “Around the time of that date, EPA received requests from Maryland, New Jersey, and Pennsylvania for a one-year extension under 42 U.S.C. § 7511 (a)(5). In their requests, Maryland and Pennsylvania certified that they had complied with their SIPs.”

Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004). · cites it 2× “As earlier observed, see supra, at 255, in addition to prompting an investigation, the complainant has the right to submit information for the DG-Competition's consideration, and may proceed to court if the Commission discontinues the investigation or dismisses the complaint.”

State of Maryland v. EPA, 958 F.3d 1185 (D.C. Cir. 2020). · cites it 6× “at 1143–44, intended to bring about attainment “as expeditiously as practicable” and not later than specific statutory deadlines, 42 U.S.C. § 7511 (a)(1). If a state fails to submit a SIP, or if its submission is incomplete or disapproved, the EPA must issue a federal…”

State of Wisconsin v. EPA, 938 F.3d 303 (D.C. Cir. 2019). · cites it 5× “2006); 42 U.S.C. § 7511 (a). That has recently occurred for eight nonattainment areas which failed to meet the NAAQS by the July 2018 deadline, including Fairfield County.”

Kentucky Resources Council, Inc. v. Env't Prot. Agency, 467 F.3d 986 (6th Cir. 2006). · cites it 5× “42 U.S.C. § 7511 (a)(1). Air quality planning requirements increase cumulatively as the severity of the classification increases.”

Sierra Club v. Whitman, Christine, 285 F.3d 63 (D.C. Cir. 2002). · cites it 3× “§ 7511a(a); the time for attainment became November 15, 1996, see 42 U.S.C. § 7511 (a)(1) tbl.l; and EPA had to determine, within six months of the attainment date (by about May 15, 1997), whether St.”

Nat. Resources Def. Council v. Env't Prot. Agency, 643 F.3d 311 (D.C. Cir. 2011). · cites it 2× “That latter subpart classifies nonattainment areas as either “marginal,” “moderate,” “serious,” “severe,” or “extreme,” 42 U.S.C. § 7511 (a)(1), giving areas with worse air quality extra time to come into compliance in exchange for imposing more stringent standards.”

Sierra Club v. Env't Prot. Agency, 294 F.3d 155 (D.C. Cir. 2002). · cites it 2× “That deadline could be extended in certain limited circumstances or when an area was reclassified as one of “severe” nonattainment. Id. § 7511(b)(2)(i), (3). In this case, the EPA neither determined that the Washington Area fit those limited circumstances nor acknowledged that…”

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