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 4— additional provisions for particulate matter nonattainment areas

42 U.S.C. § 7513a

Plan provisions and schedules for plan submissions

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(a) Moderate Areas(1) Plan provisionsEach State in which all or part of a Moderate Area is located shall submit, according to the applicable schedule under paragraph (2), an implementation plan that includes each of the following:(A) For the purpose of meeting the requirements of section 7502(c)(5) of this title, a permit program providing that permits meeting the requirements of section 7503 of this title are required for the construction and operation of new and modified major stationary sources of PM–10.(B) Either (i) a demonstration (including air quality modeling) that the plan will provide for attainment by the applicable attainment date; or (ii) a demonstration that attainment by such date is impracticable.(C) Provisions to assure that reasonably available control measures for the control of PM–10 shall be implemented no later than December 10, 1993, or 4 years after designation in the case of an area classified as moderate after November 15, 1990.(2) Schedule for plan submissionsA State shall submit the plan required under subparagraph (1) no later than the following:(A) Within 1 year of November 15, 1990, for areas designated nonattainment under section 7407(d)(4) of this title, except that the provision required under subparagraph (1)(A) shall be submitted no later than June 30, 1992.(B) 18 months after the designation as nonattainment, for those areas designated nonattainment after the designations prescribed under section 7407(d)(4) of this title.(b) Serious Areas(1) Plan provisionsIn addition to the provisions submitted to meet the requirements of paragraph 11 So in original. Probably should be “subsection”. (a)(1) (relating to Moderate Areas), each State in which all or part of a Serious Area is located shall submit an implementation plan for such area that includes each of the following:(A) A demonstration (including air quality modeling)—(i) that the plan provides for attainment of the PM–10 national ambient air quality standard by the applicable attainment date, or(ii) for any area for which the State is seeking, pursuant to section 7513(e) of this title, an extension of the attainment date beyond the date set forth in section 7513(c) of this title, that attainment by that date would be impracticable, and that the plan provides for attainment by the most expeditious alternative date practicable.(B) Provisions to assure that the best available control measures for the control of PM–10 shall be implemented no later than 4 years after the date the area is classified (or reclassified) as a Serious Area.(2) Schedule for plan submissions

A State shall submit the demonstration required for an area under paragraph (1)(A) no later than 4 years after reclassification of the area to Serious, except that for areas reclassified under section 7513(b)(2) of this title, the State shall submit the attainment demonstration within 18 months after reclassification to Serious. A State shall submit the provisions described under paragraph (1)(B) no later than 18 months after reclassification of the area as a Serious Area.

(3) Major sources

For any Serious Area, the terms “major source” and “major stationary source” include any stationary source or group of stationary sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 70 tons per year of PM–10.

(c) Milestones(1) Plan revisions demonstrating attainment submitted to the Administrator for approval under this subpart shall contain quantitative milestones which are to be achieved every 3 years until the area is redesignated attainment and which demonstrate reasonable further progress, as defined in section 7501(1) of this title, toward attainment by the applicable date.(2) Not later than 90 days after the date on which a milestone applicable to the area occurs, each State in which all or part of such area is located shall submit to the Administrator a demonstration that all measures in the plan approved under this section have been implemented and that the milestone has been met. A demonstration under this subsection shall be submitted in such form and manner, and shall contain such information and analysis, as the Administrator shall require. The Administrator shall determine whether or not a State’s demonstration under this subsection is adequate within 90 days after the Administrator’s receipt of a demonstration which contains the information and analysis required by the Administrator.(3) If a State fails to submit a demonstration under paragraph (2) with respect to a milestone within the required period or if the Administrator determines that the area has not met any applicable milestone, the Administrator shall require the State, within 9 months after such failure or determination to submit a plan revision that assures that the State will achieve the next milestone (or attain the national ambient air quality standard for PM–10, if there is no next milestone) by the applicable date.(d) Failure to attain

In the case of a Serious PM–10 nonattainment area in which the PM–10 standard is not attained by the applicable attainment date, the State in which such area is located shall, after notice and opportunity for public comment, submit within 12 months after the applicable attainment date, plan revisions which provide for attainment of the PM–10 air quality standard and, from the date of such submission until attainment, for an annual reduction in PM–10 or PM–10 precursor emissions within the area of not less than 5 percent of the amount of such emissions as reported in the most recent inventory prepared for such area.

(e) PM–10 precursors

The control requirements applicable under plans in effect under this part for major stationary sources of PM–10 shall also apply to major stationary sources of PM–10 precursors, except where the Administrator determines that such sources do not contribute significantly to PM–10 levels which exceed the standard in the area. The Administrator shall issue guidelines regarding the application of the preceding sentence.

(July 14, 1955, ch. 360, title I, § 189, as added Pub. L. 101–549, title I, § 105(a), Nov. 15, 1990, 104 Stat. 2460.)
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1996–2026 · leading case: Latino Issues Forum v. United States Env't Prot. Agency, 558 F.3d 936 (9th Cir. 2009).
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Latino Issues Forum v. United States Env't Prot. Agency, 558 F.3d 936 (9th Cir. 2009). · cites it 19× “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
Bahr v. U.S. Env't Prot. Agency, 836 F.3d 1218 (9th Cir. 2016). · cites it 6× “3 2 42 U.S.C. § 7513a(b) provides: (b) Serious Areas (1) Plan provisions.”
Edward M. Ober Robin D. Silver v. United States Env't Prot. Agency, 84 F.3d 304 (9th Cir. 1996). · cites it 4× “” 42 U.S.C. § 7513a(a)(l)(B). The EPA Administrator “may reclassify as a Serious PM-10 nonat-tainment area .”
Guardians v. Env't Prot. Agency, 830 F.3d 529 (D.C. Cir. 2016). · cites it 4× “, under Sub-part 4, moderate-area SIPs for those areas would have been due on June 14, 2011, See 42 U.S.C. § 7513a(a)(2)(B). WildEarth thus contends that, as relief, we should compel EPA to make an immediate finding under section 7410(k)(l)(B) that the states failed to submit…”
Edward M. Ober Robin d.silver David Matusow Sandra L. Bahr v. Christine Todd Whitman United States Env't Prot. Agency, 243 F.3d 1190 (9th Cir. 2001). · cites it 2× “” 42 U.S.C. § 7513a(a)(l)(B)-(C). The Act makes no explicit provision for a “de minimis” exception.”
Vigil v. Leavitt, 381 F.3d 826 (9th Cir. 2004). · cites it 4× “42 U.S.C. § 7513a(a)(l)(C) (emphasis added); see also id.”
Nat. Resources Def. Council v. Env't Prot. Agency, 706 F.3d 428 (D.C. Cir. 2013). · cites it 2× “See 42 U.S.C. § 7513a(e). But under the PM25 rules challenged here, the EPA established a rebuttable presumption against regulating ammonia unless a State or the EPA "provides an appropriate technical demonstration” that shows emissions from ammonia "significantly contribute to…”
Vigil v. Leavitt, 366 F.3d 1025 (9th Cir. 2004). · cites it 4× “42 U.S.C. § 7513a(a)(l)(C) (emphasis added); see also id.”
California Bldg. Indus. Ass'n v. San Joaquin Valley Air Pollution Control Dist., 39 Envtl. L. Rep. (Envtl. Law Inst.) 20223 (Cal. Ct. App. 2009). “(42 U.S.C. § 7513a(b).) The District concluded that the rapid Valley growth, and concomitant increase in motor vehicle use, would result in *127 increases in PM10 emissions.”
Ukeiley v. U.S. Envtl. Prot. Agency, 896 F.3d 1158 (10th Cir. 2018). “42 U.S.C. § 7513a(a)(2)(A). Once a state achieves compliance, it can request the EPA to redesignate the nonattainment geographic area.”
Ass'n of Irritated Residents v. United States Env't Prot. Agency, 423 F.3d 989 (9th Cir. 2005). · cites it 9× “42 U.S.C. § 7513a(a)l, (b)(1). BACM measures must be implemented within four years of reclassification.”
Latino Issues Forum v. Usepa (9th Cir. 2009). · cites it 10× “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
Show all 13 citing cases →
— 42 U.S.C. § 7513a(a) — 1 case
Ass'n of Irritated Residents v. United States Env't Prot. Agency, 423 F.3d 989 (9th Cir. 2005). “42 U.S.C. § 7513a(a)l, (b)(1). BACM measures must be implemented within four years of reclassification.”
— 42 U.S.C. § 7513a(a)(2)(A) — 3 cases
Latino Issues Forum v. United States Env't Prot. Agency, 558 F.3d 936 (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
Ukeiley v. U.S. Envtl. Prot. Agency, 896 F.3d 1158 (10th Cir. 2018). “42 U.S.C. § 7513a(a)(2)(A). Once a state achieves compliance, it can request the EPA to redesignate the nonattainment geographic area.”
Latino Issues Forum v. Usepa (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
— 42 U.S.C. § 7513a(a)(2)(B) — 1 case
Guardians v. Env't Prot. Agency, 830 F.3d 529 (D.C. Cir. 2016). “, under Sub-part 4, moderate-area SIPs for those areas would have been due on June 14, 2011, See 42 U.S.C. § 7513a(a)(2)(B). WildEarth thus contends that, as relief, we should compel EPA to make an immediate finding under section 7410(k)(l)(B) that the states failed to submit…”
— 42 U.S.C. § 7513a(a)(l)(B) — 2 cases
Edward M. Ober Robin d.silver David Matusow Sandra L. Bahr v. Christine Todd Whitman United States Env't Prot. Agency, 243 F.3d 1190 (9th Cir. 2001). “” 42 U.S.C. § 7513a(a)(l)(B)-(C). The Act makes no explicit provision for a “de minimis” exception.”
Edward M. Ober Robin D. Silver v. United States Env't Prot. Agency, 84 F.3d 304 (9th Cir. 1996). “” 42 U.S.C. § 7513a(a)(l)(B). The EPA Administrator “may reclassify as a Serious PM-10 nonat-tainment area .”
— 42 U.S.C. § 7513a(a)(l)(B)(ii) — 1 case
Edward M. Ober Robin d.silver David Matusow Sandra L. Bahr v. Christine Todd Whitman United States Env't Prot. Agency, 243 F.3d 1190 (9th Cir. 2001). “” 42 U.S.C. § 7513a(a)(l)(B)-(C). The Act makes no explicit provision for a “de minimis” exception.”
— 42 U.S.C. § 7513a(a)(l)(C) — 3 cases
Vigil v. Leavitt, 381 F.3d 826 (9th Cir. 2004). “42 U.S.C. § 7513a(a)(l)(C) (emphasis added); see also id.”
Edward M. Ober Robin D. Silver v. United States Env't Prot. Agency, 84 F.3d 304 (9th Cir. 1996). “” 42 U.S.C. § 7513a(a)(l)(B). The EPA Administrator “may reclassify as a Serious PM-10 nonat-tainment area .”
Vigil v. Leavitt, 366 F.3d 1025 (9th Cir. 2004). “42 U.S.C. § 7513a(a)(l)(C) (emphasis added); see also id.”
— 42 U.S.C. § 7513a(b) — 5 cases
Bahr v. U.S. Env't Prot. Agency, 836 F.3d 1218 (9th Cir. 2016). “3 2 42 U.S.C. § 7513a(b) provides: (b) Serious Areas (1) Plan provisions.”
Latino Issues Forum v. United States Env't Prot. Agency, 558 F.3d 936 (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
California Bldg. Indus. Ass'n v. San Joaquin Valley Air Pollution Control Dist., 39 Envtl. L. Rep. (Envtl. Law Inst.) 20223 (Cal. Ct. App. 2009). “(42 U.S.C. § 7513a(b).) The District concluded that the rapid Valley growth, and concomitant increase in motor vehicle use, would result in *127 increases in PM10 emissions.”
Guardians v. Env't Prot. Agency, 830 F.3d 529 (D.C. Cir. 2016). “, under Sub-part 4, moderate-area SIPs for those areas would have been due on June 14, 2011, See 42 U.S.C. § 7513a(a)(2)(B). WildEarth thus contends that, as relief, we should compel EPA to make an immediate finding under section 7410(k)(l)(B) that the states failed to submit…”
Latino Issues Forum v. Usepa (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
— 42 U.S.C. § 7513a(b)(1)(B) — 2 cases
Latino Issues Forum v. United States Env't Prot. Agency, 558 F.3d 936 (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
Latino Issues Forum v. Usepa (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
— 42 U.S.C. § 7513a(b)(2) — 2 cases
Latino Issues Forum v. United States Env't Prot. Agency, 558 F.3d 936 (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
Latino Issues Forum v. Usepa (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
— 42 U.S.C. § 7513a(b)(l) — 1 case
Edward M. Ober Robin D. Silver v. United States Env't Prot. Agency, 84 F.3d 304 (9th Cir. 1996). “” 42 U.S.C. § 7513a(a)(l)(B). The EPA Administrator “may reclassify as a Serious PM-10 nonat-tainment area .”
— 42 U.S.C. § 7513a(b)(l)(B) — 4 cases
Latino Issues Forum v. United States Env't Prot. Agency, 558 F.3d 936 (9th Cir. 2009). “42 U.S.C. § 7513a. If an area then fails to meet its deadline, the EPA reclassifies that area as a serious nonattainment area, and the more rigorous BACM standard applies.”
Vigil v. Leavitt, 381 F.3d 826 (9th Cir. 2004). “42 U.S.C. § 7513a(a)(l)(C) (emphasis added); see also id.”
Vigil v. Leavitt, 366 F.3d 1025 (9th Cir. 2004). “42 U.S.C. § 7513a(a)(l)(C) (emphasis added); see also id.”
Ass'n of Irritated Residents v. United States Env't Prot. Agency, 423 F.3d 989 (9th Cir. 2005). “42 U.S.C. § 7513a(a)l, (b)(1). BACM measures must be implemented within four years of reclassification.”
— 42 U.S.C. § 7513a(d) — 4 cases
Bahr v. U.S. Env't Prot. Agency, 836 F.3d 1218 (9th Cir. 2016). “3 2 42 U.S.C. § 7513a(b) provides: (b) Serious Areas (1) Plan provisions.”
Guardians v. Env't Prot. Agency, 830 F.3d 529 (D.C. Cir. 2016). “, under Sub-part 4, moderate-area SIPs for those areas would have been due on June 14, 2011, See 42 U.S.C. § 7513a(a)(2)(B). WildEarth thus contends that, as relief, we should compel EPA to make an immediate finding under section 7410(k)(l)(B) that the states failed to submit…”
Ass'n of Irritated Residents v. United States Env't Prot. Agency, 423 F.3d 989 (9th Cir. 2005). “42 U.S.C. § 7513a(a)l, (b)(1). BACM measures must be implemented within four years of reclassification.”
Little Manila Rising v. United States Env't Prot. Agency (9th Cir. 2026).
— 42 U.S.C. § 7513a(e) — 2 cases
Nat. Resources Def. Council v. Env't Prot. Agency, 706 F.3d 428 (D.C. Cir. 2013). “See 42 U.S.C. § 7513a(e). But under the PM25 rules challenged here, the EPA established a rebuttable presumption against regulating ammonia unless a State or the EPA "provides an appropriate technical demonstration” that shows emissions from ammonia "significantly contribute to…”
Ass'n of Irritated Residents v. United States Env't Prot. Agency, 423 F.3d 989 (9th Cir. 2005). “42 U.S.C. § 7513a(a)l, (b)(1). BACM measures must be implemented within four years of reclassification.”
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