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. § 7471

Plan requirements

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In accordance with the policy of section 7401(b)(1) of this title, each applicable implementation plan shall contain emission limitations and such other measures as may be necessary, as determined under regulations promulgated under this part, to prevent significant deterioration of air quality in each region (or portion thereof) designated pursuant to section 7407 of this title as attainment or unclassifiable.

Notes of Decisions
Cited in 43 cases (5 in the last 5 years), 1979–2024 · leading case: 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).
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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 5× “§ 7501 (2) (1978) provides: The term ‘nonattainment area’ means, for any air pollutant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator to be reliable) to *350 exceed any national ambient…”
Texas v. Env't Prot. Agency, 726 F.3d 180 (D.C. Cir. 2013). · cites it 4× “” 42 U.S.C. § 7471 . Petitioners maintain this provision confirms that the PSD permitting requirements are not self-executing, but rather apply only through SIPs adopted pursuant to EPA regulations.”
Nat'l Parks Conservation Ass'n, Inc. Sierra Club, Inc. & Our Child.'s Earth Found. v. Tennessee Valley Auth., 480 F.3d 410 (6th Cir. 2007). · cites it 2× “42 U.S.C. § 7471 . 1 Because a key purpose of PSD is “to assure that any decision to permit increased air pollution .”
Coalition for Responsible Reg., Inc. v. Env't Prot. Agency, 684 F.3d 102 (D.C. Cir. 2012). · cites it 2× “” 42 U.S.C. § 7471 (emphasis added). The term “air quality,” Industry Petitioners contend, implies a focus on “the air people breathe,” and the term “in each region” suggests that Congress was concerned about local, not global, effects.”
Mississippi Comm'n on Env't Quality v. Env't Prot. Agency, 790 F.3d 138 (D.C. Cir. 2015). · cites it 2× “See 42 U.S.C. § 7471 . Generally speaking, the EPA designates an area that meets the relevant NAAQS as in attainment, while areas that exceed the NAAQS receive a nonattainment designation.”
City of Morgan Hill v. Bay Area Air Quality Mgmt. Dist., 2004 Cal. Daily Op. Serv. 4258 (Cal. Ct. App. 2004). “(See 42 U.S.C. §§ 7471 , 7475(a); 40 C.F.R. § 52 .”
Citizens to Save Spencer Cnty. v. United States Env't Prot. Agency, 600 F.2d 844 (D.C. Cir. 1979). · cites it 2× “§ 7410 (c) (1978) in part provides: The Administrator shall, after consideration of any State hearing record, promptly prepare and publish proposed regulations setting forth an implementation plan, or portion thereof, for a State if— (A) the State fails to submit an…”
Masias v. Envtl. Prot. Agency, 906 F.3d 1069 (D.C. Cir. 2018). “" 42 U.S.C. § 7471 . That's all. Thus the statutory burdens (and the regulatory ones, see, e.”
City of Seabrook, Texas v. United States Env't Prot. Agency, 659 F.2d 1349 (5th Cir. 1981). “CAA §§ 161, 169A(a)(4), 42 U.S.C. §§ 7471 , 7491(a)(4). The state then has nine months to revise the SIP.”
Florida Power & Light Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency & U. S. Env't Prot. Agency, 650 F.2d 579 (5th Cir. 1981). “1979), requires each state to adopt and submit to the Administrator of EPA a state implementation plan (SIP) specifying the methods the state will employ to attain the air quality standards promulgated by EPA. Each SIP must also identify the measures the state will impose to…”
Nucor Steel-Arkansas v. Pruitt, 246 F. Supp. 3d 288 (D.D.C. 2017). · cites it 2× “The PSD Program In regions that have been designad ed “attainment” or “unclassifiable,” the CAA requires states to implement the statute’s Prevention of Significant Deterioration (“PSD”) program. See id, § 7471.”
Ca 79-2913 United States Steel Corp., & Youngstown Sheet & Tube Co. v. United States Env't Prot. Agency, 605 F.2d 283 (7th Cir. 1979). “” 42 U.S.C. § 7471 . Likewise, state implementation plans must have special provisions for nonattainment arf as.”
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