U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— PROGRAMS AND ACTIVITIES › Part Part D— Plan Requirements for Nonattainment Areas › Subpart subpart 1— nonattainment areas in general

42 U.S.C. § 7509

Sanctions and consequences of failure to attain

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(a) State failureFor any implementation plan or plan revision required under this part (or required in response to a finding of substantial inadequacy as described in section 7410(k)(5) of this title), if the Administrator—(1) finds that a State has failed, for an area designated nonattainment under section 7407(d) of this title, to submit a plan, or to submit 1 or more of the elements (as determined by the Administrator) required by the provisions of this chapter applicable to such an area, or has failed to make a submission for such an area that satisfies the minimum criteria established in relation to any such element under section 7410(k) of this title,(2) disapproves a submission under section 7410(k) of this title, for an area designated nonattainment under section 7407 of this title, based on the submission’s failure to meet one or more of the elements required by the provisions of this chapter applicable to such an area,(3)(A) determines that a State has failed to make any submission as may be required under this chapter, other than one described under paragraph (1) or (2), including an adequate maintenance plan, or has failed to make any submission, as may be required under this chapter, other than one described under paragraph (1) or (2), that satisfies the minimum criteria established in relation to such submission under section 7410(k)(1)(A) of this title, or(B) disapproves in whole or in part a submission described under subparagraph (A), or(4) finds that any requirement of an approved plan (or approved part of a plan) is not being implemented,unless such deficiency has been corrected within 18 months after the finding, disapproval, or determination referred to in paragraphs (1), (2), (3), and (4), one of the sanctions referred to in subsection (b) shall apply, as selected by the Administrator, until the Administrator determines that the State has come into compliance, except that if the Administrator finds a lack of good faith, sanctions under both paragraph (1) and paragraph (2) of subsection (b) shall apply until the Administrator determines that the State has come into compliance. If the Administrator has selected one of such sanctions and the deficiency has not been corrected within 6 months thereafter, sanctions under both paragraph (1) and paragraph (2) of subsection (b) shall apply until the Administrator determines that the State has come into compliance. In addition to any other sanction applicable as provided in this section, the Administrator may withhold all or part of the grants for support of air pollution planning and control programs that the Administrator may award under section 7405 of this title.(b) SanctionsThe sanctions available to the Administrator as provided in subsection (a) are as follows:(1) Highway sanctions(A) The Administrator may impose a prohibition, applicable to a nonattainment area, on the approval by the Secretary of Transportation of any projects or the awarding by the Secretary of any grants, under title 23 other than projects or grants for safety where the Secretary determines, based on accident or other appropriate data submitted by the State, that the principal purpose of the project is an improvement in safety to resolve a demonstrated safety problem and likely will result in a significant reduction in, or avoidance of, accidents. Such prohibition shall become effective upon the selection by the Administrator of this sanction.(B) In addition to safety, projects or grants that may be approved by the Secretary, notwithstanding the prohibition in subparagraph (A), are the following—(i) capital programs for public transit;(ii) construction or restriction of certain roads or lanes solely for the use of passenger buses or high occupancy vehicles;(iii) planning for requirements for employers to reduce employee work-trip-related vehicle emissions;(iv) highway ramp metering, traffic signalization, and related programs that improve traffic flow and achieve a net emission reduction;(v) fringe and transportation corridor parking facilities serving multiple occupancy vehicle programs or transit operations;(vi) programs to limit or restrict vehicle use in downtown areas or other areas of emission concentration particularly during periods of peak use, through road use charges, tolls, parking surcharges, or other pricing mechanisms, vehicle restricted zones or periods, or vehicle registration programs;(vii) programs for breakdown and accident scene management, nonrecurring congestion, and vehicle information systems, to reduce congestion and emissions; and(viii) such other transportation-related programs as the Administrator, in consultation with the Secretary of Transportation, finds would improve air quality and would not encourage single occupancy vehicle capacity.In considering such measures, the State should seek to ensure adequate access to downtown, other commercial, and residential areas, and avoid increasing or relocating emissions and congestion rather than reducing them.(2) Offsets

In applying the emissions offset requirements of section 7503 of this title to new or modified sources or emissions units for which a permit is required under this part, the ratio of emission reductions to increased emissions shall be at least 2 to 1.

(c) Notice of failure to attain(1) As expeditiously as practicable after the applicable attainment date for any nonattainment area, but not later than 6 months after such date, the Administrator shall determine, based on the area’s air quality as of the attainment date, whether the area attained the standard by that date.(2) Upon making the determination under paragraph (1), the Administrator shall publish a notice in the Federal Register containing such determination and identifying each area that the Administrator has determined to have failed to attain. The Administrator may revise or supplement such determination at any time based on more complete information or analysis concerning the area’s air quality as of the attainment date.(d) Consequences for failure to attain(1) Within 1 year after the Administrator publishes the notice under subsection (c)(2) (relating to notice of failure to attain), each State containing a nonattainment area shall submit a revision to the applicable implementation plan meeting the requirements of paragraph (2) of this subsection.(2) The revision required under paragraph (1) shall meet the requirements of section 7410 of this title and section 7502 of this title. In addition, the revision shall include such additional measures as the Administrator may reasonably prescribe, including all measures that can be feasibly implemented in the area in light of technological achievability, costs, and any nonair quality and other air quality-related health and environmental impacts.(3) The attainment date applicable to the revision required under paragraph (1) shall be the same as provided in the provisions of section 7502(a)(2) of this title, except that in applying such provisions the phrase “from the date of the notice under section 7509(c)(2) of this title” shall be substituted for the phrase “from the date such area was designated nonattainment under section 7407(d) of this title” and for the phrase “from the date of designation as nonattainment”.(July 14, 1955, ch. 360, title I, § 179, as added Pub. L. 101–549, title I, § 102(g), Nov. 15, 1990, 104 Stat. 2420.)
Notes of Decisions
Cited in 69 cases (10 in the last 5 years), 1993–2026 · leading case: Latino Issues Forum v. United States Environmental Protection Agency
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Latino Issues Forum v. United States Environmental Protection Agency (2009) ca9 · cites it 9× “We hold that Rule 4550 comports with the requirements of 42 U.S.C. §§ 7509 and 7513a(b)(1)(B) and, therefore, deny the petition.”
Mississippi Commission on Environmental Quality v. Environmental Protection Agency (2015) cadc · cites it 5× “Under the Act, the EPA Administrator may prohibit the approval of any transportation projects or grants within the nonattainment area, except those that the Secretary of Transportation determines are intended to resolve a demonstrated safety problem and will likely result in a…”
Natural Resources Defense Council, Inc. v. Carol M. Browner, Administrator, Environmental Protection Agency (1995) cadc · cites it 5× “Under § 179(a), 42 U.S.C. § 7509 (a) (Supp. V 1993), an EPA finding of one of four possible SIP defects will trigger mandatory sanctions unless the state takes corrective action within 18 months.”
Sierra Club v. Korleski (2012) ca6 · cites it 6× “See 42 U.S.C. § 7509 (a). The point of this waiting period obviously seems to be to encourage the state and federal agencies to work out their differences in the meantime.”
Sierra Club v. Browner (2001) dcd · cites it 3× “Sierra Club further contends that the State of Missouri has failed to file SIPs reflecting that automatic reclassification to the “serious” category even though such SIPs are required by 42 U.S.C. § 7509 (d)(1). Rather, argues Sierra Club, EPA has improperly decided to treat…”
EME Homer City Generation, L.P. v. Environmental Protection Agency (2012) cadc · cites it 2× “§ 7426 (c); see also 42 U.S.C. § 7509 . The fact that Congress explicitly authorized EPA to use direct federal regulation to address interstate pollution suggests it did not contemplate direct Federal regulation in Section 110(a)(2)(D)(i)(I).”
Bahr v. U.S. Environmental Protection Agency (2016) ca9 · cites it 2× “at 8301 ; 42 U.S.C. § 7509 (a). Arizona submitted a new SIP revision on May 25, 2012.”
Virginia v. United States (1995) vaed · cites it 3× “42 U.S.C.A. § 7509 (a). 3 Further *540 more, the EPA may impose discretionary sanctions at any time.”
National Ass'n of Clean Air Agencies v. Environmental Protection Agency (2007) cadc “2001) (per curiam) (citing 42 U.S.C. § 7509 ). Section 231 of the CAA requires the Administrator of EPA to study and investigate emissions of air pollutants from aircraft, considering such emissions’ effect on air quality and the “technological feasibility” of controlling them.”
Utah Physic. for Healthy Env't v. Diesel Power Gear (2021) ca10 “As the EPA stated in disapproving the anti- tampering provisions in Texas’s SIP: “Texas’ statewide tampering prohibitions are part of the state SIP but are not required under [ 42 U.S.C. § 7509 (a)]. . . . Since State tampering rules are not required by the [CAA], this final…”
Public Citizen, Inc. v. United States Environmental Protection Agency (2003) ca5 “§ 7661a(d)(2)(B) (incorporating 42 U.S.C. § 7509 (b)). Moreover, the EPA would be required to implement a federal Title V permitting program in that State, pursuant to EPA regulations.”
Sierra Club, Etc. v. Environmental Protection Agency (2001) ca8 “42 U.S.C. § 7509 (a)(4). In addition, the CAA requires EPA to promulgate a federal implementation plan (“FIP”) within two years of finding that a state has failed to make a required submission or an adequate submission or if EPA disapproves of the SIP in whole or in part.”
Show all 69 citing cases →
— 42 U.S.C. § 7509(b)(1) — 1 case
Missouri v. United States (1996) moed
— 42 U.S.C. § 7509(b)(l)(B)(viii) — 1 case
Missouri v. United States (1996) moed
— 42 U.S.C. § 7509(d) — 1 case
Medical Advocates for Healthy Air v. U.S. Environmental Protection Agency (2016) ca9
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.