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U.S. Code as of:
01/19/04
Section 7407. Air quality control regions
(a) Responsibility of each State for air quality; submission of
implementation plan
Each State shall have the primary responsibility for assuring air
quality within the entire geographic area comprising such State by
submitting an implementation plan for such State which will specify
the manner in which national primary and secondary ambient air
quality standards will be achieved and maintained within each air
quality control region in such State.
(b) Designated regions
For purposes of developing and carrying out implementation plans
under section 7410 of this title -
(1) an air quality control region designated under this section
before December 31, 1970, or a region designated after such date
under subsection (c) of this section, shall be an air quality
control region; and
(2) the portion of such State which is not part of any such
designated region shall be an air quality control region, but
such portion may be subdivided by the State into two or more air
quality control regions with the approval of the Administrator.
(c) Authority of Administrator to designate regions; notification
of Governors of affected States
The Administrator shall, within 90 days after December 31, 1970,
after consultation with appropriate State and local authorities,
designate as an air quality control region any interstate area or
major intrastate area which he deems necessary or appropriate for
the attainment and maintenance of ambient air quality standards.
The Administrator shall immediately notify the Governors of the
affected States of any designation made under this subsection.
(d) Designations
(1) Designations generally
(A) Submission by Governors of initial designations following
promulgation of new or revised standards
By such date as the Administrator may reasonably require, but
not later than 1 year after promulgation of a new or revised
national ambient air quality standard for any pollutant under
section 7409 of this title, the Governor of each State shall
(and at any other time the Governor of a State deems
appropriate the Governor may) submit to the Administrator a
list of all areas (or portions thereof) in the State,
designating as -
(i) nonattainment, any area that does not meet (or that
contributes to ambient air quality in a nearby area that does
not meet) the national primary or secondary ambient air
quality standard for the pollutant,
(ii) attainment, any area (other than an area identified in
clause (i)) that meets the national primary or secondary
ambient air quality standard for the pollutant, or
(iii) unclassifiable, any area that cannot be classified on
the basis of available information as meeting or not meeting
the national primary or secondary ambient air quality
standard for the pollutant.
The Administrator may not require the Governor to submit the
required list sooner than 120 days after promulgating a new or
revised national ambient air quality standard.
(B) Promulgation by EPA of designations
(i) Upon promulgation or revision of a national ambient air
quality standard, the Administrator shall promulgate the
designations of all areas (or portions thereof) submitted under
subparagraph (A) as expeditiously as practicable, but in no
case later than 2 years from the date of promulgation of the
new or revised national ambient air quality standard. Such
period may be extended for up to one year in the event the
Administrator has insufficient information to promulgate the
designations.
(ii) In making the promulgations required under clause (i),
the Administrator may make such modifications as the
Administrator deems necessary to the designations of the areas
(or portions thereof) submitted under subparagraph (A)
(including to the boundaries of such areas or portions
thereof). Whenever the Administrator intends to make a
modification, the Administrator shall notify the State and
provide such State with an opportunity to demonstrate why any
proposed modification is inappropriate. The Administrator shall
give such notification no later than 120 days before the date
the Administrator promulgates the designation, including any
modification thereto. If the Governor fails to submit the list
in whole or in part, as required under subparagraph (A), the
Administrator shall promulgate the designation that the
Administrator deems appropriate for any area (or portion
thereof) not designated by the State.
(iii) If the Governor of any State, on the Governor's own
motion, under subparagraph (A), submits a list of areas (or
portions thereof) in the State designated as nonattainment,
attainment, or unclassifiable, the Administrator shall act on
such designations in accordance with the procedures under
paragraph (3) (relating to redesignation).
(iv) A designation for an area (or portion thereof) made
pursuant to this subsection shall remain in effect until the
area (or portion thereof) is redesignated pursuant to paragraph
(3) or (4).
(C) Designations by operation of law
(i) Any area designated with respect to any air pollutant
under the provisions of paragraph (1)(A), (B), or (C) of this
subsection (as in effect immediately before November 15, 1990)
is designated, by operation of law, as a nonattainment area for
such pollutant within the meaning of subparagraph (A)(i).
(ii) Any area designated with respect to any air pollutant
under the provisions of paragraph (1)(E) (as in effect
immediately before November 15, 1990) is designated by
operation of law, as an attainment area for such pollutant
within the meaning of subparagraph (A)(ii).
(iii) Any area designated with respect to any air pollutant
under the provisions of paragraph (1)(D) (as in effect
immediately before November 15, 1990) is designated, by
operation of law, as an unclassifiable area for such pollutant
within the meaning of subparagraph (A)(iii).
(2) Publication of designations and redesignations
(A) The Administrator shall publish a notice in the Federal
Register promulgating any designation under paragraph (1) or (5),
or announcing any designation under paragraph (4), or
promulgating any redesignation under paragraph (3).
(B) Promulgation or announcement of a designation under
paragraph (1), (4) or (5) shall not be subject to the provisions
of sections 553 through 557 of title 5 (relating to notice and
comment), except nothing herein shall be construed as precluding
such public notice and comment whenever possible.
(3) Redesignation
(A) Subject to the requirements of subparagraph (E), and on the
basis of air quality data, planning and control considerations,
or any other air quality-related considerations the Administrator
deems appropriate, the Administrator may at any time notify the
Governor of any State that available information indicates that
the designation of any area or portion of an area within the
State or interstate area should be revised. In issuing such
notification, which shall be public, to the Governor, the
Administrator shall provide such information as the Administrator
may have available explaining the basis for the notice.
(B) No later than 120 days after receiving a notification under
subparagraph (A), the Governor shall submit to the Administrator
such redesignation, if any, of the appropriate area (or areas) or
portion thereof within the State or interstate area, as the
Governor considers appropriate.
(C) No later than 120 days after the date described in
subparagraph (B) (or paragraph (1)(B)(iii)), the Administrator
shall promulgate the redesignation, if any, of the area or
portion thereof, submitted by the Governor in accordance with
subparagraph (B), making such modifications as the Administrator
may deem necessary, in the same manner and under the same
procedure as is applicable under clause (ii) of paragraph (1)(B),
except that the phrase "60 days" shall be substituted for the
phrase "120 days" in that clause. If the Governor does not
submit, in accordance with subparagraph (B), a redesignation for
an area (or portion thereof) identified by the Administrator
under subparagraph (A), the Administrator shall promulgate such
redesignation, if any, that the Administrator deems appropriate.
(D) The Governor of any State may, on the Governor's own
motion, submit to the Administrator a revised designation of any
area or portion thereof within the State. Within 18 months of
receipt of a complete State redesignation submittal, the
Administrator shall approve or deny such redesignation. The
submission of a redesignation by a Governor shall not affect the
effectiveness or enforceability of the applicable implementation
plan for the State.
(E) The Administrator may not promulgate a redesignation of a
nonattainment area (or portion thereof) to attainment unless -
(i) the Administrator determines that the area has attained
the national ambient air quality standard;
(ii) the Administrator has fully approved the applicable
implementation plan for the area under section 7410(k) of this
title;
(iii) the Administrator determines that the improvement in
air quality is due to permanent and enforceable reductions in
emissions resulting from implementation of the applicable
implementation plan and applicable Federal air pollutant
control regulations and other permanent and enforceable
reductions;
(iv) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 7505a of
this title; and
(v) the State containing such area has met all requirements
applicable to the area under section 7410 of this title and
part D of this subchapter.
(F) The Administrator shall not promulgate any redesignation of
any area (or portion thereof) from nonattainment to
unclassifiable.
(4) Nonattainment designations for ozone, carbon monoxide and
particulate matter (PM-10)
(A) Ozone and carbon monoxide
(i) Within 120 days after November 15, 1990, each Governor of
each State shall submit to the Administrator a list that
designates, affirms or reaffirms the designation of, or
redesignates (as the case may be), all areas (or portions
thereof) of the Governor's State as attainment, nonattainment,
or unclassifiable with respect to the national ambient air
quality standards for ozone and carbon monoxide.
(ii) No later than 120 days after the date the Governor is
required to submit the list of areas (or portions thereof)
required under clause (i) of this subparagraph, the
Administrator shall promulgate such designations, making such
modifications as the Administrator may deem necessary, in the
same manner, and under the same procedure, as is applicable
under clause (ii) of paragraph (1)(B), except that the phrase
"60 days" shall be substituted for the phrase "120 days" in
that clause. If the Governor does not submit, in accordance
with clause (i) of this subparagraph, a designation for an area
(or portion thereof), the Administrator shall promulgate the
designation that the Administrator deems appropriate.
(iii) No nonattainment area may be redesignated as an
attainment area under this subparagraph.
(iv) Notwithstanding paragraph (1)(C)(ii) of this subsection,
if an ozone or carbon monoxide nonattainment area located
within a metropolitan statistical area or consolidated
metropolitan statistical area (as established by the Bureau of
the Census) is classified under part D of this subchapter as a
Serious, Severe, or Extreme Area, the boundaries of such area
are hereby revised (on the date 45 days after such
classification) by operation of law to include the entire
metropolitan statistical area or consolidated metropolitan
statistical area, as the case may be, unless within such 45-day
period the Governor (in consultation with State and local air
pollution control agencies) notifies the Administrator that
additional time is necessary to evaluate the application of
clause (v). Whenever a Governor has submitted such a notice to
the Administrator, such boundary revision shall occur on the
later of the date 8 months after such classification or 14
months after November 15, 1990, unless the Governor makes the
finding referred to in clause (v), and the Administrator
concurs in such finding, within such period. Except as
otherwise provided in this paragraph, a boundary revision under
this clause or clause (v) shall apply for purposes of any State
implementation plan revision required to be submitted after
November 15, 1990.
(v) Whenever the Governor of a State has submitted a notice
under clause (iv), the Governor, in consultation with State and
local air pollution control agencies, shall undertake a study
to evaluate whether the entire metropolitan statistical area or
consolidated metropolitan statistical area should be included
within the nonattainment area. Whenever a Governor finds and
demonstrates to the satisfaction of the Administrator, and the
Administrator concurs in such finding, that with respect to a
portion of a metropolitan statistical area or consolidated
metropolitan statistical area, sources in the portion do not
contribute significantly to violation of the national ambient
air quality standard, the Administrator shall approve the
Governor's request to exclude such portion from the
nonattainment area. In making such finding, the Governor and
the Administrator shall consider factors such as population
density, traffic congestion, commercial development, industrial
development, meteorological conditions, and pollution
transport.
(B) PM-10 designations
By operation of law, until redesignation by the Administrator
pursuant to paragraph (3) -
(i) each area identified in 52 Federal Register 29383 (Aug.
7, 1987) as a Group I area (except to the extent that such
identification was modified by the Administrator before
November 15, 1990) is designated nonattainment for PM-10;
(ii) any area containing a site for which air quality
monitoring data show a violation of the national ambient air
quality standard for PM-10 before January 1, 1989 (as
determined under part 50, appendix K of title 40 of the Code
of Federal Regulations) is hereby designated nonattainment
for PM-10; and
(iii) each area not described in clause (i) or (ii) is
hereby designated unclassifiable for PM-10.
Any designation for particulate matter (measured in terms of
total suspended particulates) that the Administrator
promulgated pursuant to this subsection (as in effect
immediately before November 15, 1990) shall remain in effect
for purposes of implementing the maximum allowable increases in
concentrations of particulate matter (measured in terms of
total suspended particulates) pursuant to section 7473(b) of
this title, until the Administrator determines that such
designation is no longer necessary for that purpose.
(5) Designations for lead
The Administrator may, in the Administrator's discretion at any
time the Administrator deems appropriate, require a State to
designate areas (or portions thereof) with respect to the
national ambient air quality standard for lead in effect as of
November 15, 1990, in accordance with the procedures under
subparagraphs (A) and (B) of paragraph (1), except that in
applying subparagraph (B)(i) of paragraph (1) the phrase "2 years
from the date of promulgation of the new or revised national
ambient air quality standard" shall be replaced by the phrase "1
year from the date the Administrator notifies the State of the
requirement to designate areas with respect to the standard for
lead".
(e) Redesignation of air quality control regions
(1) Except as otherwise provided in paragraph (2), the Governor
of each State is authorized, with the approval of the
Administrator, to redesignate from time to time the air quality
control regions within such State for purposes of efficient and
effective air quality management. Upon such redesignation, the list
under subsection (d) of this section shall be modified accordingly.
(2) In the case of an air quality control region in a State, or
part of such region, which the Administrator finds may
significantly affect air pollution concentrations in another State,
the Governor of the State in which such region, or part of a
region, is located may redesignate from time to time the boundaries
of so much of such air quality control region as is located within
such State only with the approval of the Administrator and with the
consent of all Governors of all States which the Administrator
determines may be significantly affected.
(3) No compliance date extension granted under section 7413(d)(5)
)1(! of this title (relating to coal conversion) shall cease to be
effective by reason of the regional limitation provided in section
7413(d)(5) )1(! of this title if the violation of such limitation
is due solely to a redesignation of a region under this subsection.
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