42 U.S.C. § 7505a
Maintenance plans
Each State which submits a request under section 7407(d) of this title for redesignation of a nonattainment area for any air pollutant as an area which has attained the national primary ambient air quality standard for that air pollutant shall also submit a revision of the applicable State implementation plan to provide for the maintenance of the national primary ambient air quality standard for such air pollutant in the area concerned for at least 10 years after the redesignation. The plan shall contain such additional measures, if any, as may be necessary to ensure such maintenance.
8 years after redesignation of any area as an attainment area under section 7407(d) of this title, the State shall submit to the Administrator an additional revision of the applicable State implementation plan for maintaining the national primary ambient air quality standard for 10 years after the expiration of the 10-year period referred to in subsection (a).
Until such plan revision is approved and an area is redesignated as attainment for any area designated as a nonattainment area, the requirements of this part shall continue in force and effect with respect to such area.
Each plan revision submitted under this section shall contain such contingency provisions as the Administrator deems necessary to assure that the State will promptly correct any violation of the standard which occurs after the redesignation of the area as an attainment area. Such provisions shall include a requirement that the State will implement all measures with respect to the control of the air pollutant concerned which were contained in the State implementation plan for the area before redesignation of the area as an attainment area. The failure of any area redesignated as an attainment area to maintain the national ambient air quality standard concerned shall not result in a requirement that the State revise its State implementation plan unless the Administrator, in the Administrator’s discretion, requires the State to submit a revised State implementation plan.
Notes of Decisions
Cited in 12
cases, 1996–2018 · leading case: Nat. Resources Def. Council v. Env't Prot. Agency, 571 F.3d 1245 (D.C. Cir. 2009).
Nat. Resources Def. Council v. Env't Prot. Agency, 571 F.3d 1245 (D.C. Cir. 2009). “By arguing that "[t]he [CAA] allows states to move mandated controls to a maintenance contingency plan, [CAA § 175A, 42 U.S.C. § 7505a], but only after the area has been redesignated to attainment," id.”
Kentucky Resources Council, Inc. v. Env't Prot. Agency, 467 F.3d 986 (6th Cir. 2006). “42 U.S.C. § 7505a. SIPs for areas that have been redesig-nated to attainment also must contain EPA-approved contingency measures to assure prompt correction of any violation of the standard that may occur following redesignation.”
Ukeiley v. U.S. Envtl. Prot. Agency, 896 F.3d 1158 (10th Cir. 2018). “42 U.S.C. § 7505a(a). And at the eight year mark after redesignation, the state must further revise its plan to demonstrate how it will maintain its air quality for an additional ten years following expiration of the initial ten-year maintenance period.”
Sierra Club Wasatch Clean Air Coalition v. United States Env't Prot. Agency, State of Utah, Intervenor, 99 F.3d 1551 (10th Cir. 1996). “In addition to that factual determination, the Environmental Protection Agency must (1) fully approve the State Implementation Plan; (2) determine that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the…”
EME Homer City Generation, L.P. v. Env't Prot. Agency, 795 F.3d 118 (D.C. Cir. 2015). “See 42 U.S.C. § 7505a(a). That request must be accompanied by a revision to the State’s SIP, which "provide[s] for the maintenance of the” NAAQS "for at least 10 years after the redesignation.”
Citizens for Appropriate Rural Roads, Inc. v. Foxx, 14 F. Supp. 3d 1217 (S.D. Ind. 2014). “42 U.S.C. § 7505a(a). The CAA also binds federal agencies.”
Greenbaum v. United States Env't Prot. Agency, 370 F.3d 527 (6th Cir. 2004). “42 U.S.C. § 7505a(a). These provisions must require the state to “implement all measures with respect to the control of the air pollutant concerned which were contained in the State implementation plan for the area before redesignation of the area as an attainment area.”
Wall v. United States Env't Prot. Agency, 265 F.3d 426 (6th Cir. 2001). “See CAA § 175A(d), 42 U.S.C. § 7505a(d) (requiring maintenance plans that are submitted with redesignation requests to include “such contingency provisions as the Administrator deems necessary to assure that the State will promptly correct any violation of the standard which…”
Nat Resrc Def Cncl v. EPA (D.C. Cir. 2009). “By arguing that “[t]he 9 [CAA] allows states to move mandated controls to a maintenance contingency plan, [CAA § 175A, 42 U.S.C. § 7505a], but only after the area has been redesignated to attainment,” id.”
South Coast Air Quality Mgmt. Dist. v. Env't Prot. Agency, 489 F.3d 1245 (D.C. Cir. 2006). “CAA § 175A, 42 U.S.C. § 7505a. And EPA was to enforce a high threshold for removing controls from a SIP — no mandatory controls could be removed and nothing could be done that would hinder an area’s ability to achieve prescribed annual incremental emissions reductions.”
South Coast Air Quality Mgmt. Dist. v. Env't Prot. Agency, 472 F.3d 882 (D.C. Cir. 2006). “CAA § 175A, 42 U.S.C. § 7505a. And EPA was to enforce a high threshold for removing controls from a SIP — no mandatory controls could be removed and nothing could be done that would hinder an area’s ability to achieve prescribed annual incremental emissions reductions.”
Sierra Club v. EPA (10th Cir. 1996). “7 42 U.S.C. § 7505a(b). 7 Accordingly, the Environmental Protection Agency intends that the maintenance plans will ensure that population growth and other changes in a redesignated area over a twenty-year period do not lead to a violation of the relevant National Ambient Air…”
— 42 U.S.C. § 7505a(a) — 4 cases
EME Homer City Generation, L.P. v. Env't Prot. Agency, 795 F.3d 118 (D.C. Cir. 2015). “See 42 U.S.C. § 7505a(a). That request must be accompanied by a revision to the State’s SIP, which "provide[s] for the maintenance of the” NAAQS "for at least 10 years after the redesignation.”
Ukeiley v. U.S. Envtl. Prot. Agency, 896 F.3d 1158 (10th Cir. 2018). “42 U.S.C. § 7505a(a). And at the eight year mark after redesignation, the state must further revise its plan to demonstrate how it will maintain its air quality for an additional ten years following expiration of the initial ten-year maintenance period.”
Citizens for Appropriate Rural Roads, Inc. v. Foxx, 14 F. Supp. 3d 1217 (S.D. Ind. 2014). “42 U.S.C. § 7505a(a). The CAA also binds federal agencies.”
Greenbaum v. United States Env't Prot. Agency, 370 F.3d 527 (6th Cir. 2004). “42 U.S.C. § 7505a(a). These provisions must require the state to “implement all measures with respect to the control of the air pollutant concerned which were contained in the State implementation plan for the area before redesignation of the area as an attainment area.”
— 42 U.S.C. § 7505a(b) — 3 cases
Ukeiley v. U.S. Envtl. Prot. Agency, 896 F.3d 1158 (10th Cir. 2018). “42 U.S.C. § 7505a(a). And at the eight year mark after redesignation, the state must further revise its plan to demonstrate how it will maintain its air quality for an additional ten years following expiration of the initial ten-year maintenance period.”
Sierra Club Wasatch Clean Air Coalition v. United States Env't Prot. Agency, State of Utah, Intervenor, 99 F.3d 1551 (10th Cir. 1996). “In addition to that factual determination, the Environmental Protection Agency must (1) fully approve the State Implementation Plan; (2) determine that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the…”
Sierra Club v. EPA (10th Cir. 1996). “7 42 U.S.C. § 7505a(b). 7 Accordingly, the Environmental Protection Agency intends that the maintenance plans will ensure that population growth and other changes in a redesignated area over a twenty-year period do not lead to a violation of the relevant National Ambient Air…”
— 42 U.S.C. § 7505a(c) — 2 cases
Nat. Resources Def. Council v. Env't Prot. Agency, 571 F.3d 1245 (D.C. Cir. 2009). “By arguing that "[t]he [CAA] allows states to move mandated controls to a maintenance contingency plan, [CAA § 175A, 42 U.S.C. § 7505a], but only after the area has been redesignated to attainment," id.”
Nat Resrc Def Cncl v. EPA (D.C. Cir. 2009). “By arguing that “[t]he 9 [CAA] allows states to move mandated controls to a maintenance contingency plan, [CAA § 175A, 42 U.S.C. § 7505a], but only after the area has been redesignated to attainment,” id.”
— 42 U.S.C. § 7505a(d) — 3 cases
Kentucky Resources Council, Inc. v. Env't Prot. Agency, 467 F.3d 986 (6th Cir. 2006). “42 U.S.C. § 7505a. SIPs for areas that have been redesig-nated to attainment also must contain EPA-approved contingency measures to assure prompt correction of any violation of the standard that may occur following redesignation.”
Greenbaum v. United States Env't Prot. Agency, 370 F.3d 527 (6th Cir. 2004). “42 U.S.C. § 7505a(a). These provisions must require the state to “implement all measures with respect to the control of the air pollutant concerned which were contained in the State implementation plan for the area before redesignation of the area as an attainment area.”
Wall v. United States Env't Prot. Agency, 265 F.3d 426 (6th Cir. 2001). “See CAA § 175A(d), 42 U.S.C. § 7505a(d) (requiring maintenance plans that are submitted with redesignation requests to include “such contingency provisions as the Administrator deems necessary to assure that the State will promptly correct any violation of the standard which…”
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