Title 42 — The Public Health and WelfareRelease 119-73

§7509 Sanctions and consequences of failure to attain

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 › § 7509

Last updated Apr 6, 2026|Official source

Summary

If the EPA finds a state failed to send in required clean-air plans for an area that does not meet air standards, sent plans that were missing required parts, sent plans that were rejected, or is not carrying out an approved plan, the EPA can use penalties. One penalty is to stop federal approval of highway projects and grants for that area. The ban does not apply to projects that fix safety problems (if the Transportation Secretary agrees, based on state accident or other data). The ban still allows eight kinds of transportation projects that improve air quality, such as public transit capital programs, bus or high-occupancy vehicle lanes, employer trip-reduction planning, traffic-flow improvements like ramp metering, park-and-ride lots, downtown vehicle-use limits or pricing, congestion management systems, and other similar programs that do not promote single-occupant car use. The EPA can also require that new or changed pollution sources get emission offsets at a ratio of at least 2 to 1. After the area's deadline to meet the air standard, the EPA must decide within 6 months whether the area actually met it and must publish a notice naming areas that failed. Within 1 year after that notice, the state must submit a revised plan that meets the usual planning rules and includes any extra measures the EPA reasonably requires. Those extra measures must include all steps that are feasible given technology, costs, and other health or environmental effects. The time allowed to meet the standard under the revised plan starts from the date of the EPA’s notice of failure.

Full Legal Text

Title 42, §7509

The Public Health and Welfare — Source: USLM XML via OLRC

(a)For 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,

(b)The sanctions available to the Administrator as provided in subsection (a) are as follows:

(1)(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.

(2)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)(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)(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”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7509

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73