U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— PROGRAMS AND ACTIVITIES › Part Part C— Prevention of Significant Deterioration of Air Quality › Subpart subpart i— clean air

42 U.S.C. § 7470

Congressional declaration of purpose

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
The purposes of this part are as follows:(1) to protect public health and welfare from any actual or potential adverse effect which in the Administrator’s judgment may reasonably be anticipate 11 So in original. Probably should be “anticipated”. to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air) 22 So in original. Section was enacted without an opening parenthesis., notwithstanding attainment and maintenance of all national ambient air quality standards;(2) to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value;(3) to insure that economic growth will occur in a manner consistent with the preservation of existing clean air resources;(4) to assure that emissions from any source in any State will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and(5) to assure that any decision to permit increased air pollution in any area to which this section applies is made only after careful evaluation of all the consequences of such a decision and after adequate procedural opportunities for informed public participation in the decisionmaking process.(July 14, 1955, ch. 360, title I, § 160, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 731.)Statutory Notes and Related SubsidiariesEffective Date

Subpart effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

Guidance Document

Pub. L. 95–95, title I, § 127(c), Aug. 7, 1977, 91 Stat. 741, required Administrator, not later than 1 year after Aug. 7, 1977, to publish a guidance document to assist States in carrying out their functions under part C of title I of the Clean Air Act (this part) with respect to pollutants for which national ambient air quality standards are promulgated.

Study and Report on Progress Made in Program Relating to Significant Deterioration of Air Quality

Pub. L. 95–95, title I, § 127(d), Aug. 7, 1977, 91 Stat. 742, directed Administrator, not later than 2 years after Aug. 7, 1977, to complete a study and report to Congress on progress made in carrying out part C of title I of the Clean Air Act (this part) and the problems associated in carrying out such section.

Notes of Decisions
Cited in 80 cases (6 in the last 5 years), 1980–2025 · leading case: Alaska Dep't of Env't Conservation v. Env't Prot. Agency, 540 U.S. 461 (2004).
Sort: Relevance Newest Treatment
Alaska Dep't of Env't Conservation v. Env't Prot. Agency, 540 U.S. 461 (2004). · cites it 4× “See 42 U.S.C. § 7470 (1) (purpose of PSD program *471 is to "protect public health and welfare from any actual or potential adverse effect which in [EPA's] judgment may reasonably be anticipate[d] to occur from air pollution .”
Alabama Power Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency, Sierra Club, Intervenors., 636 F.2d 323 (D.C. Cir. 1980). · cites it 4× “731 , 42 U.S.C. § 7470 (3) (Supp. I 1977); § 163(c), 91 Stat.”
Env't Def. v. Duke Energy Corp., 549 U.S. 561 (2007). · cites it 2× “42 U.S.C. § 7470 (1). [2] The 1977 amendments required a PSD permit before a "major emitting facility" could be "constructed" in an area covered by the scheme.”
Texas v. Env't Prot. Agency, 726 F.3d 180 (D.C. Cir. 2013). · cites it 3× “CAA §§ 160–169, 42 U.S.C. §§ 7470–79. It bars construction of a “major emitting facility” without a permit that includes emission limitations and requires the proposed facility to use “the best available control technology for each pollutant subject to regulation under this…”
Util. Air Regulatory Grp. v. EPA, 134 S. Ct. 2427 (2014). “” These cases concern the provisions of the Act relating to the “Prevention of Signifi- cant Deterioration” (PSD), 42 U. S. C. §§7470–7492, as well as Title V of the Act, §7661.”
CleanCOALition v. TXU POWER, 536 F.3d 469 (5th Cir. 2008). · cites it 2× “” 42 U.S.C. § 7470 (5). To ensure CAA compliance, Congress mandated the issuance of PSD permits before construction of any “major emitting facility.”
Ctr. for Biological Diversity v. Env't Prot. Agency, 722 F.3d 401 (D.C. Cir. 2013). · cites it 2× “, 42 U.S.C. § 7470 , and EPA has found that GHGs such as CO2 cause harm by accumulating in excess amounts in the atmosphere, see, e.”
Sierra Club v. Franklin Cnty. Power of Illinois, LLC, 546 F.3d 918 (7th Cir. 2008). “(3) against any person who proposes to construct or constructs any new or modified major emitting facility without a permit required under [42 USCS §§ 7470 et seq.] (relating to significant deterioration of air quality) .”
United States v. Duke Energy Corp., 411 F.3d 539 (4th Cir. 2005). · cites it 2× “95-95, 91 Stat. 685, 735 (1977) (“No major emitting facility on which construction is commenced after the date of the enactment of this part, may be constructed in any area to which this part applies unless .”
Nat'l Parks Conservation Ass'n v. Manson, 414 F.3d 1 (D.C. Cir. 2005). “Under these provisions, which were designed “to preserve, protect, and enhance the air quality in national parks [and] national wilderness areas,” 42 U.S.C. § 7470 (2), (3), EPA must forward proposals for the construction of “major emitting facilities” to the “Federal Land…”
Ass'n of Irritated Residents v. C & R Vanderham Dairy, 435 F. Supp. 2d 1078 (E.D. Cal. 2006). · cites it 2× “respect to such a standard or limitation, (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator, or (3)against any person who proposes to construct or…”
Safe Air for Everyone v. Meyer, 373 F.3d 1035 (9th Cir. 2004). “Of course, any burning of bluegrass residue must comply with both the federal Clean Air Act, 42 U.S.C. § 7470 et seq., and with any applicable state regulation.”
Show all 80 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.