Title 42, The Public Health and WelfareRelease 119-110

§7509 Sanctions and Consequences of Failure to Attain

Title 42 › CHAPTER 85 — AIR POLLUTION PREVENTION AND CONTROL › SUBCHAPTER I — PROGRAMS AND ACTIVITIES › Part D — Plan Requirements for Nonattainment Areas › subpart 1 — nonattainment areas in general › § 7509

Last updated Sep 22, 2026|Official source

Summary

If a state does not send in or follow the required air quality plans for an area that is not meeting pollution rules, the EPA Administrator can impose penalties. This can happen if the state fails to submit a plan, leaves out required parts, makes a plan the EPA disapproves, or is not carrying out an approved plan. The state has 18 months to fix the problem. If it does not, the EPA will pick one of two sanctions until the state complies. If the EPA finds the state acted in bad faith, both sanctions apply right away. If the EPA picks one sanction and the problem is still not fixed six months later, both sanctions will apply. The EPA can also withhold money that helps states with air pollution planning. The two main sanctions are: (1) highway sanctions that bar approval of most federal highway projects or grants in the area, except safety projects and certain transit- and congestion-reduction projects (for example public transit, HOV lanes, employer trip programs, traffic-flow improvements, parking for carpooling, pricing or restrictions to limit vehicle use, and similar measures); and (2) stricter pollution offsets for new or changed sources, requiring at least a 2-to-1 ratio of emission reductions to increased emissions. After the area’s attainment date, the EPA must decide within 6 months whether the area met the standard and publish a notice. Within 1 year after that notice, the state must submit a revised plan that meets legal requirements and adds all feasible measures considering technology, costs, and health or environmental effects.

Full Legal Text

Title 42, §7509

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

(a)State failure

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)

(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)Sanctions

The 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 (d) Consequences for 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7509

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110