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. § 7472

Initial classifications

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(a) Areas designated as class IUpon the enactment of this part, all—(1) international parks,(2) national wilderness areas which exceed 5,000 acres in size,(3) national memorial parks which exceed 5,000 acres in size, and(4) national parks which exceed six thousand acres in size,and which are in existence on August 7, 1977, shall be class I areas and may not be redesignated. All areas which were redesignated as class I under regulations promulgated before August 7, 1977, shall be class I areas which may be redesignated as provided in this part. The extent of the areas designated as Class I under this section shall conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or which may occur subsequent to November 15, 1990.(b) Areas designated as class II

All areas in such State designated pursuant to section 7407(d) of this title as attainment or unclassifiable which are not established as class I under subsection (a) shall be class II areas unless redesignated under section 7474 of this title.

(July 14, 1955, ch. 360, title I, § 162, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L. 95–190, § 14(a)(40), Nov. 16, 1977, 91 Stat. 1401; Pub. L. 101–549, title I, §§ 108(m), 110(2), Nov. 15, 1990, 104 Stat. 2469, 2470.)Editorial NotesAmendments

1990—Subsec. (a). Pub. L. 101–549, § 108(m), inserted at end “The extent of the areas designated as Class I under this section shall conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or which may occur subsequent to November 15, 1990.”

Subsec. (b). Pub. L. 101–549, § 110(2), substituted “designated pursuant to section 7407(d) of this title as attainment or unclassifiable” for “identified pursuant to section 7407(d)(1)(D) or (E) of this title”.

1977—Subsec. (a)(4). Pub. L. 95–190 inserted a comma after “size”.

Notes of Decisions
Cited in 31 cases, 1979–2017 · leading case: Citizens to Save Spencer Cnty. v. United States Env't Prot. Agency, 600 F.2d 844 (D.C. Cir. 1979).
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Citizens to Save Spencer Cnty. v. United States Env't Prot. Agency, 600 F.2d 844 (D.C. Cir. 1979). · cites it 5× “Compare the requirements of Clean Air Act §§ 162, 163, and 165, 42 U.S.C.A. §§ 7472 , 7473, and 7475, with 40 C.”
Alabama Power Co. v. Douglas M. Costle, 636 F.2d 323 (D.C. Cir. 1980). · cites it 2× “Until the designation of that area for such a pollutant is modified under section 107, the area will be categorized both under section 107 as a presumed “clean air area” and under section 171(2) as a “nonattainment area.”
Am. Corn Growers Ass'n v. Env't Prot. Agency, 291 F.3d 1 (D.C. Cir. 2002). “See 42 U.S.C. § 7472 (a). The term "mandatory class I Federal areas” is defined as "Federal areas which may not be designated as other than class I.”
Utah Chapter of the Sierra Club v. Utah Air Quality Bd., 2006 UT 74, 148 P.3d 960. “42 U.S.C. § 7472 (a)(4) (2000). Congress has "declare[d] as a national goal the prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution.”
Nat'l Parks Conservation Ass'n v. U.S. Env't Prot. Agency, 788 F.3d 1134 (9th Cir. 2015). · cites it 2× “See 42 U.S.C. § 7472 (a). The term “mandatory class I federal areas” describes those that “may not be designated as other than class I.”
San Juan Citizens All. v. Stiles, 654 F.3d 1038 (10th Cir. 2011). “See 42 U.S.C. § 7472 (a). The Act declares as a “national goal the prevention of any future .”
North Dakota v. United States Env't Prot. Agency, 730 F.3d 750 (8th Cir. 2013). “42 U.S.C. § 7472 (a). ''[T]he term 'mandatory class I Federal areas’ means Federal areas which may not be designated as other than class I[.”
WildEarth Guardians v. United States Env't Prot. Agency, 770 F.3d 919 (10th Cir. 2014). “See 42 U.S.C. § 7472 (a). 6 . The sixteen Class I areas are the Grand Canyon National Park, Sycamore Canyon Wilderness, Petrified Forest National Park, Mount Baldy Wilderness, San Pedro Parks Wilderness, Mesa Verde National Park, Weminuche Wilderness, Black Canyon of the…”
Nat'l Parks Conservation Ass'n v. United States Env't Prot. Agency, 803 F.3d 151 (3d Cir. 2015). “areas under 42 U.S.C. § 7472 (a). 1 “Visibility impairment” means *154 both “reduction in visual range and atmospheric discoloration.”
Alabama Power Co. v. Douglas M. Costle, 606 F.2d 1068 (D.C. Cir. 1979). “§ 162, 42 U.S.C. § 7472 (1978). 36 . C.A.A. § 169(3) provides: The term “best available control technology” means an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under this Act emitted from or which results from any major…”
Michigan v. United States Env't Prot. Agency, 581 F.3d 524 (7th Cir. 2009). “” For the mandatory Class I areas established by 42 U.S.C. § 7472 (a), such as parks, wilderness areas, and forests, the Managers are the Department of Interior’s National Park Service and Fish and Wildlife Service, and the Department of Agriculture’s Forest Service.”
Nat'l Parks Conservation Ass'n v. United States Dep't of Interior, 794 F. Supp. 2d 39 (D.D.C. 2011). “See 42 U.S.C. § 7472 (a). The term "mandatory class I Federal areas” is defined as "Federal areas which may not be designated as other than class I.”
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42 U.S.C. § 7472(a): 1 case
Vermont v. Thomas, 850 F.2d 99 (2d Cir. 1988).
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