40 C.F.R. § 51.105
Approval of plans
Revisions of a plan, or any portion thereof, will not be considered part of an applicable plan until such revisions have been approved by the Administrator in accordance with this part.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2005–2023 · leading case: Sierra Club v. Tennessee Valley Auth., 430 F.3d 1337 (11th Cir. 2005).
Sierra Club v. Tennessee Valley Auth., 430 F.3d 1337 (11th Cir. 2005). “105 (“Revisions of a plan, or any portion thereof, will not be considered part of an applicable plan until such revisions have been approved by [EPA] in accordance with this part.”). TVA does not seriously dispute this reasoning, if the 2% de minimis rule does amount to a…”
Sierra Club v. EPA, 60 F.4th 1008 (6th Cir. 2023). “§§ 7410 (l), 7501(1); 40 C.F.R. § 51.105 . Or, if the EPA finds that a SIP is “substantially inadequate” to attain or maintain a given NAAQS or to otherwise comply with the Act, the EPA can require the state to revise the plan to correct its inadequacies.”
Sierra Club v. Tennessee Valley Auth., 592 F. Supp. 2d 1357 (N.D. Ala. 2009). “§ 7410 (1); 40 C.F.R. § 51.105 , and that Alabama’s interpretation of its state implementation plan (SIP) cannot change the Act’s mandate of continuous compliance.”
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