
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7509]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            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
 
Sec. 7509. Sanctions and consequences of failure to attain


(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) 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) of 
this section 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) of this section 
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) 
of this section 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) of this section 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) of this section (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, Sec. 179, as added Pub. L. 101-549, 
title I, Sec. 102(g), Nov. 15, 1990, 104 Stat. 2420.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7410, 7502, 7511a, 7511d, 
7512a, 7661a of this title.
