---
kind: "section"
citation: "42 U.S.C. § 7513a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7513a"
heading: "Plan provisions and schedules for plan submissions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7513a"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part D — Plan Requirements for Nonattainment Areas"
  - "Subpart 4 — additional provisions for particulate matter nonattainment areas"
---

# §7513a. Plan provisions and schedules for plan submissions

- (a) **Moderate Areas—**
  - (1) **Plan provisions—** Each [State](/usc/42/7602.md?p=d) in which all or part of a Moderate Area is located shall submit, according to the applicable schedule under [paragraph (2)](#a-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](/usc/42/7502.md?p=c-5), a permit program providing that permits meeting the requirements of [section 7503 of this title](/usc/42/7503.md) are required for the [construction](/usc/42/7479.md?p=2-C) and operation of new and [modified](/usc/42/7501.md?p=4) [major stationary sources](/usc/42/7602.md?p=j) of [PM–10](/usc/42/7602.md?p=t).
    - (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](/usc/42/7602.md?p=t) 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 submissions—** A [State](/usc/42/7602.md?p=d) 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](/usc/42/7407.md?p=d-4), 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](/usc/42/7407.md?p=d-4).
- (b) **Serious Areas—**
  - (1) **Plan provisions—** In addition to the provisions submitted to meet the requirements of paragraph[^1] (a)(1) (relating to Moderate Areas), each [State](/usc/42/7602.md?p=d) 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](/usc/42/7602.md?p=t) national ambient air quality standard by the applicable attainment date, or
      - (ii) for any area for which the [State](/usc/42/7602.md?p=d) is seeking, pursuant to [section 7513(e) of this title](/usc/42/7513.md?p=e), an extension of the attainment date beyond the date set forth in [section 7513(c) of this title](/usc/42/7513.md?p=c), 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](/usc/42/7602.md?p=t) 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](/usc/42/7602.md?p=d) shall submit the demonstration required for an area under [paragraph (1)(A)](#b-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](/usc/42/7513.md?p=b-2), the [State](/usc/42/7602.md?p=d) shall submit the attainment demonstration within 18 months after reclassification to Serious. A [State](/usc/42/7602.md?p=d) shall submit the provisions described under [paragraph (1)(B)](#b-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](/usc/42/7602.md?p=j)” include any [stationary source](/usc/42/7602.md?p=z) or group of [stationary sources](/usc/42/7602.md?p=z) 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](/usc/42/7602.md?p=t).
- (c) **Milestones—**
  - (1) Plan revisions demonstrating attainment submitted to the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7501.md?p=1), as defined in [section 7501(1) of this title](/usc/42/7501.md?p=1), 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](/usc/42/7602.md?p=d) in which all or part of such area is located shall submit to the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) shall require. The [Administrator](/usc/42/7602.md?p=a) shall determine whether or not a [State](/usc/42/7602.md?p=d)’s demonstration under this subsection is adequate within 90 days after the [Administrator](/usc/42/7602.md?p=a)’s receipt of a demonstration which contains the information and analysis required by the [Administrator](/usc/42/7602.md?p=a).
  - (3) If a [State](/usc/42/7602.md?p=d) fails to submit a demonstration under [paragraph (2)](#c-2) with respect to a milestone within the required period or if the [Administrator](/usc/42/7602.md?p=a) determines that the area has not met any applicable milestone, the [Administrator](/usc/42/7602.md?p=a) shall require the [State](/usc/42/7602.md?p=d), within 9 months after such failure or determination to submit a plan revision that assures that the [State](/usc/42/7602.md?p=d) will achieve the next milestone (or attain the national ambient air quality standard for [PM–10](/usc/42/7602.md?p=t), if there is no next milestone) by the applicable date.
- (d) **Failure to attain—** In the case of a Serious [PM–10](/usc/42/7602.md?p=t) [nonattainment area](/usc/42/7501.md?p=2) in which the [PM–10](/usc/42/7602.md?p=t) standard is not attained by the applicable attainment date, the [State](/usc/42/7602.md?p=d) 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](/usc/42/7602.md?p=t) air quality standard and, from the date of such submission until attainment, for an annual reduction in [PM–10](/usc/42/7602.md?p=t) or [PM–10](/usc/42/7602.md?p=t) 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](/usc/42/7602.md?p=j) of [PM–10](/usc/42/7602.md?p=t) shall also apply to [major stationary sources](/usc/42/7602.md?p=j) of [PM–10](/usc/42/7602.md?p=t) precursors, except where the [Administrator](/usc/42/7602.md?p=a) determines that such sources do not contribute significantly to [PM–10](/usc/42/7602.md?p=t) levels which exceed the standard in the area. The [Administrator](/usc/42/7602.md?p=a) shall issue guidelines regarding the application of the preceding sentence.

## Footnotes

[^1]: So in original. Probably should be “subsection”.

## Source credit

(July 14, 1955, ch. 360, title I, § 189, as added Pub. L. 101–549, title I, § 105(a), Nov. 15, 1990, 104 Stat. 2460.)