Code of Federal Regulations · Section
§ 51.1002 — Classifications And Reclassifications
40 C.F.R. § 51.1002
(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.
Authorizing Statute
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Definitions and declaration of policy23 U.S.C. § 101