324 
tion, plus interest computed in accordance with section 6621(a)(2) of the 
Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)), to the extent that 
the Administrator finds that such fees have not been paid to the State. 
Clauses (ii) through (iii) of section 235102(b)(3)(C) of this title shall apply 
with respect to fees collected under this subsection. 
(e) EXEMPTIONS FOR CERTAIN SMALL AREAS.—For a severe area or ex-
treme area with a total population under 200,000 that fails to attain the 
standard by the applicable attainment date, no sanction under this section 
or under any other provision of this division shall apply if the severe area 
or extreme area can demonstrate, consistent with guidance issued by the 
Administrator, that attainment in the severe area or extreme area is pre-
vented because of ozone or ozone precursors transported from another area. 
The prohibition applies only in a case in which the severe area or extreme 
area has met all requirements and implemented all measures applicable to 
the severe area or extreme area under this division. 
§ 215207. Nitrogen oxide and volatile organic compound 
study 
(a) IN GENERAL.—The Administrator, in conjunction with the National 
Academy of Sciences, shall conduct a study on the role of ozone precursors 
in tropospheric ozone formation and control. 
(b) MATTERS TO BE EXAMINED.—The study shall examine— 
(1) the roles of nitrogen oxide and volatile organic compound emis-
sion reductions; 
(2) the extent to which nitrogen oxide reductions may contribute (or 
be counterproductive) to achievement of attainment in different non-
attainment areas; 
(3) the sensitivity of ozone to the control of nitrogen oxides; 
(4) the availability and extent of controls for nitrogen oxides; 
(5) the role of biogenic volatile organic compound emissions; and 
(6) the basic information required for air quality models. 
(c) INFORMATION AND STUDIES; ADDITIONAL INFORMATION.—The Ad-
ministrator shall utilize all available information and studies and develop ad-
ditional information in conducting the study required by this section. 
(d) REPORT.—The Administrator shall submit to Congress a report on 
the study. 
Subchapter III—Additional Provisions for 
Carbon Monoxide Nonattainment Areas 
§ 215301. Definitions 
In this subchapter: 
(1) MODERATE AREA.—The term ‘‘moderate area’’ means an area 
that is classified as a moderate area under section 215302 of this title. 
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(2) SERIOUS AREA.—The term ‘‘serious area’’ means an area that 
is classified as a serious area under section 215302 of this title. 
(3) TABLE
1.—The term ‘‘table 1’’ means table 1 in section 
215302(a)(1) of this title. 
§ 215302. Classification and attainment dates 
(a) CLASSIFICATION BY OPERATION OF LAW AND ATTAINMENT DATES 
FOR NONATTAINMENT AREAS.— 
(1) IN GENERAL.—Each area designated nonattainment for carbon 
monoxide pursuant to section 211107(d) of this title shall be classified 
at the time of designation under table 1, by operation of law, as a mod-
erate area or serious area based on the design value for the area. The 
design value shall be calculated according to the interpretation method-
ology issued by the Administrator most recently before November 15, 
1990. For each area classified under this subsection, the primary 
NAAQS attainment date for carbon monoxide shall be as expeditiously 
as practicable but not later than the date provided in table 1: 
TABLE 1 
Area 
classification 
Design value 
Primary standard at-
tainment date 
Moderate ..............................................................................
9.1–16.4 ppm ...........
December 31, 1995 
Serious .................................................................................
16.5 and above .........
December 31, 2000 
(2) NOTICE.—At the time of publication of the notice required under 
section 211107 of this title, the Administrator shall publish a notice 
announcing the classification of each such carbon monoxide nonattain-
ment area. Section 215102(a)(1)(B) of this title shall apply with re-
spect to such a classification. 
(3) ADJUSTMENT.— 
(A) IN GENERAL.—If an area classified under paragraph (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 the classification was based, the Administrator may, 
within 90 days after November 15, 1990, by the procedure re-
quired under paragraph (2), adjust the classification of the area. 
(B) CONSIDERATIONS.—In making such an adjustment, the Ad-
ministrator may consider— 
(i) the number of exceedances of the primary NAAQS for 
carbon monoxide in the area; 
(ii) the level of pollution transport between the area and 
other affected areas; and 
(iii) the mix of sources and air pollutants in the area. 
(4) EXTENSION.— 
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(A) IN GENERAL.—On application by any State, the Adminis-
trator may extend for 1 additional year (referred to in this para-
graph as an ‘‘extension year’’) the date specified in table 1 of sub-
section (a) if— 
(i) the State has complied with all requirements and com-
mitments pertaining to the area in the applicable implementa-
tion plan; and 
(ii) not more than 1 exceedance of the NAAQS level for 
carbon monoxide has occurred in the area in the year pre-
ceding the extension year. 
(B) LIMITATION.—Not 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 carbon monoxide under sec-
tion 211107(d)(4) of this title and is subsequently redesignated to non-
attainment for carbon monoxide under section 211107(d)(3) of this 
title shall, at the time of the redesignation, be classified by operation 
of law in accordance with table 1. Upon its classification, the area shall 
be subject to the same requirements under section 211110 of this title, 
subchapter I, and this subchapter that would have applied had the area 
been so classified at the time of the notice under subsection (a)(2), ex-
cept 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. 
(2) RECLASSIFICATION OF MODERATE AREAS ON FAILURE TO AT-
TAIN.— 
(A) DETERMINATION.—Within 6 months after the applicable at-
tainment date for a carbon monoxide nonattainment area, the Ad-
ministrator shall determine, based on the area’s design value as 
of the attainment date, whether the area has attained the NAAQS 
by that date. 
(B) RECLASSIFICATION.—Any moderate area that the Adminis-
trator finds has not attained the NAAQS by that date shall be re-
classified by operation of law in accordance with table 1 as a seri-
ous area. 
(C) NOTICE.—The Administrator shall publish a notice in the 
Federal Register, not later than 6 months after the attainment 
date, identifying each area that the Administrator has determined, 
under subparagraph (A), as having failed to attain the NAAQS 
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and identifying the reclassification, if any, described under sub-
paragraph (B). 
§ 215303. Plan submissions and requirements 
(a) MODERATE AREAS.— 
(1) IN GENERAL.—Each State in which all or part of a moderate 
area is located shall, with respect to the moderate area (or portion 
thereof, to the extent specified in guidance of the Administrator issued 
before November 15, 1990), submit to the Administrator the State im-
plementation plan provisions (including the plan items) described under 
this subsection, within such periods as are prescribed under this sub-
section, except to the extent that the State has made such submissions 
as of November 15, 1990. 
(2) INVENTORY.—A State shall submit a comprehensive, accurate, 
current inventory of actual emissions from all sources, as described in 
section 215102(c)(3) of this title, in accordance with guidance provided 
by the Administrator. 
(3) VEHICLE MILES TRAVELED; SPECIAL RULE FOR DENVER.— 
(A) VEHICLE MILES TRAVELED.—For areas with a design value 
above 12.7 parts per million at the time of classification, the plan 
provision shall contain a forecast of vehicle miles traveled in a 
nonattainment area for each year before the year in which the 
plan projects the NAAQS for carbon monoxide to be attained in 
the area. The forecast shall be based on guidance published by the 
Administrator, in consultation with the Secretary of Transpor-
tation. The plan provision shall provide for annual updates of the 
forecasts to be submitted to the Administrator together with an-
nual reports regarding the extent to which the forecasts proved to 
be accurate. The annual reports shall contain estimates of actual 
vehicle miles traveled in each year for which a forecast was re-
quired. 
(B) SPECIAL RULE FOR DENVER.—In the case of Denver, the 
State shall submit a provision that includes the transportation 
control measures as required in section 215203(d)(3)(A) of this 
title, except that the provision shall be for the purpose of reducing 
carbon monoxide emissions rather than volatile organic compound 
emissions. If the State fails to include any such measure, the im-
plementation plan shall contain— 
(i) an explanation why such a measure was not adopted 
and what emissions reduction measure was adopted to provide 
a comparable reduction in emissions; or 
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