42 U.S.C. § 7513a — Plan provisions and schedules for plan submissions

(a) Moderate Areas: (1) Each state with a Moderate Area must submit an implementation plan including: (A) a permit program requiring permits meeting section 7503 for building or modifying major stationary sources of PM-10; (B) either a demonstration (including air quality modeling) that the plan will provide attainment by the applicable deadline, or a demonstration that attainment by that deadline is impracticable; and (C) provisions ensuring "reasonably available control measures" for PM-10 are implemented no later than December 10, 1993, or 4 years after designation for areas classified Moderate after November 15, 1990. (2) The state must submit this plan: within 1 year of November 15, 1990, for areas designated nonattainment in that original round (with the permit-program piece due no later than June 30, 1992); or within 18 months of designation, for areas designated nonattainment later. (b) Serious Areas: (1) In addition to the Moderate Area items above, each state with a Serious Area must submit an implementation plan including: (A) a demonstration (including air quality modeling) that the plan provides for attainment of the PM-10 standard by the applicable date, or — if the state is seeking an extension under section 7513(e) beyond the date in section 7513(c) — that attainment by that date would be impracticable and that the plan provides attainment by the most expeditious alternative date practicable; and (B) provisions ensuring "best available control measures" for PM-10 are implemented no later than 4 years after the area is classified or reclassified as Serious. (2) The attainment demonstration under (1)(A) is due no later than 4 years after reclassification to Serious, except areas reclassified under section 7513(b)(2) get 18 months. The provisions under (1)(B) are due no later than 18 months after reclassification. (3) For any Serious Area, "major source" and "major stationary source" include any stationary source or group of sources in one contiguous area under common control that emits, or has the potential to emit, at least 70 tons of PM-10 a year. (c) Milestones: (1) Plan revisions that demonstrate attainment must contain quantitative milestones to be achieved every 3 years until the area is redesignated attainment, showing "reasonable further progress" as defined in section 7501(1). (2) No later than 90 days after each milestone date, the state must submit a demonstration to EPA that every measure in the approved plan has been implemented and the milestone has been met. EPA sets the required form, manner, information, and analysis, and must decide within 90 days of receiving a complete demonstration whether it is adequate. (3) If a state fails to submit this demonstration on time, or EPA determines a milestone was not met, EPA must require the state, within 9 months, to submit a plan revision assuring the state will achieve the next milestone — or the PM-10 standard itself, if there is no next milestone — by the applicable date. (d) Failure to attain: If a Serious PM-10 area does not meet the standard by its attainment date, the state must, after notice and opportunity for public comment, submit plan revisions within 12 months providing for attainment and, from submission until attainment, an annual reduction in PM-10 or PM-10 precursor emissions of at least 5 percent of the amount reported in the area's most recent emissions inventory. (e) PM-10 precursors: Control requirements applicable to major stationary sources of PM-10 also apply to major stationary sources of PM-10 precursors, unless EPA determines those sources do not significantly contribute to PM-10 levels exceeding the standard in the area. EPA must issue guidelines on how this rule applies.