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(a) Initial classification as Moderate PM2.5 nonattainment 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 PM2.5 nonattainment 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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.51.1002 Classifications and reclassifications - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-51-1002/
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