42 U.S.C. § 7476

Other pollutants

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(a) Hydrocarbons, carbon monoxide, petrochemical oxidants, and nitrogen oxides

In the case of the pollutants hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides, the Administrator shall conduct a study and not later than two years after August 7, 1977, promulgate regulations to prevent the significant deterioration of air quality which would result from the emissions of such pollutants. In the case of pollutants for which national ambient air quality standards are promulgated after August 7, 1977, he shall promulgate such regulations not more than 2 years after the date of promulgation of such standards.

(b) Effective date of regulations

Regulations referred to in subsection (a) shall become effective one year after the date of promulgation. Within 21 months after such date of promulgation such plan revision shall be submitted to the Administrator who shall approve or disapprove the plan within 25 months after such date or 11 So in original. Probably should be “of”. promulgation in the same manner as required under section 7410 of this title.

Such regulations shall provide specific numerical measures against which permit applications may be evaluated, a framework for stimulating improved control technology, protection of air quality values, and fulfill the goals and purposes set forth in section 7401 and section 7470 of this title.

(d) Specific measures to fulfill goals and purposes

The regulations of the Administrator under subsection (a) shall provide specific measures at least as effective as the increments established in section 7473 of this title to fulfill such goals and purposes, and may contain air quality increments, emission density requirements, or other measures.

(e) Area classification plan not required

With respect to any air pollutant for which a national ambient air quality standard is established other than sulfur oxides or particulate matter, an area classification plan shall not be required under this section if the implementation plan adopted by the State and submitted for the Administrator’s approval or promulgated by the Administrator under section 7410(c) of this title contains other provisions which when considered as a whole, the Administrator finds will carry out the purposes in section 7470 of this title at least as effectively as an area classification plan for such pollutant. Such other provisions referred to in the preceding sentence need not require the establishment of maximum allowable increases with respect to such pollutant for any area to which this section applies.

(f) PM–10 increments

The Administrator is authorized to substitute, for the maximum allowable increases in particulate matter specified in section 7473(b) of this title and section 7475(d)(2)(C)(iv) of this title, maximum allowable increases in particulate matter with an aerodynamic diameter smaller than or equal to 10 micrometers. Such substituted maximum allowable increases shall be of equal stringency in effect as those specified in the provisions for which they are substituted. Until the Administrator promulgates regulations under the authority of this subsection, the current maximum allowable increases in concentrations of particulate matter shall remain in effect.

(July 14, 1955, ch. 360, title I, § 166, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 739; amended Pub. L. 101–549, title I, § 105(b), Nov. 15, 1990, 104 Stat. 2462.)Editorial NotesAmendments

1990—Subsec. (f). Pub. L. 101–549 added subsec. (f).

Notes of Decisions

Cited in 19 cases, 1979–2020 · leading case: Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors.

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Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors. (1980) cadc · cites it 6× “at § 166; 42 U.S.C. § 7476 (1978). 97 . C.A.A. at § 163(b)(4); 42 U.”

Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency (2012) cadc · cites it 2× “42 U.S.C. § 7476 (a). Here, Industry Petitioners argue, EPA unlawfully failed to follow the steps laid out in Section 166, including a required study of the pollutant and a one-year delay before the effective date of regulations, before adding greenhouse gases “to the PSD…”

Texas v. Environmental Protection Agency (2013) cadc · cites it 2× “42 U.S.C. § 7476 (a)–(b). Reliance on this provision is foreclosed by circuit precedent.”

Sierra Club v. Environmental Protection Agency (2013) cadc · cites it 2× “5”) under § 166 of the Clean Air Act (“the Act”), 42 U.S.C. § 7476 . See Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.”

Wildearth Guardians v. Gina McCarthy (2014) ca9 · cites it 2× “Plaintiffs contend the Administrator has a nondiscretionary duty to issue revised ozone regulations under § 166(a) of the Clean Air Act, 42 U.S.C. § 7476 (a). The district court held that the statute permits, but does not require, the Administrator to issue such regulations and…”

Sierra Club v. Moser (2013) kan “42 U.S.C. § 7476 (a), (c) (2006). In PSD regulations promulgated under this authority, the EPA sets maximum allowable increases, or “increments,” for some pollutants based on a mathematical relationship to each pollutant’s NAAQS.”

Sierra Club v. California (1987) cand · cites it 2× “Thomas, Administrator of the Environmental Protection Agency (“EPA”), to compel him to issue regulations under § 166(a) of the Clean Air Act, 42 U.S.C. § 7476 (a), to prevent the significant deterioration of air quality from emissions of nitrogen oxides.”

United States v. Louisiana-Pacific Corp. (1988) cod “42 U.S.C. § 7476 (a) & (c). The government does not dispute the fact that the EPA has never complied with this directive, and that the deadline set by Congress passed several years ago.”

Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors. (1979) cadc “The net result of the administrative action outlined above would be a requirement that such major emitting facilities apply BACT (section 165(a)(4)), but no need for a showing required by section 165(a)(3) that emissions of “excluded particulates” would not violate NAAQS or…”

WildEarth Guardians v. Jackson (2012) cand “42 U.S.C. § 7476 (a), (c). “Though Congress contemplated that EPA might use increments for [them], it did not require their use.”

In re Ozone Designation Litig. (2018) cand “at 14 ("effective one year after the date of promulgation" (citing 42 U.S.C. § 7476 (b) ) ). Defendants represent that, consistent with past practice, EPA will make designations effective within thirty to sixty days of promulgation.”

North Carolina v. Environmental Protection Agency (2015) cadc · cites it 3× “42 U.S.C. § 7476 (a). To further this undertaking, EPA must set “baseline concentration” levels of the relevant pollutant, which reflect a measurement of the concentration of that pollutant in the air in a specific area on a specific date.”

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