42 U.S.C. § 7478

Period before plan approval

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(a) Existing regulations to remain in effect

Until such time as an applicable implementation plan is in effect for any area, which plan meets the requirements of this part to prevent significant deterioration of air quality with respect to any air pollutant, applicable regulations under this chapter prior to August 7, 1977, shall remain in effect to prevent significant deterioration of air quality in any such area for any such pollutant except as otherwise provided in subsection (b).

(b) Regulations deemed amended; construction commenced after June 1, 1975

If any regulation in effect prior to August 7, 1977, to prevent significant deterioration of air quality would be inconsistent with the requirements of section 7472(a), section 7473(b) or section 7474(a) of this title, then such regulations shall be deemed amended so as to conform with such requirements. In the case of a facility on which construction was commenced (in accordance with the definition of “commenced” in section 7479(2) of this title) after June 1, 1975, and prior to August 7, 1977, the review and permitting of such facility shall be in accordance with the regulations for the prevention of significant deterioration in effect prior to August 7, 1977.

(July 14, 1955, ch. 360, title I, § 168, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L. 95–190, § 14(a)(52), Nov. 16, 1977, 91 Stat. 1402.)Editorial NotesAmendments

1977—Subsec. (b). Pub. L. 95–190 substituted “(in accordance with the definition of ‘commenced’ in section 7479(2) of this title)” for “in accordance with this definition”.

Notes of Decisions

Cited in 9 cases, 1978–2018 · 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 14× “See Clean Air Act § 168, 42 U.S.C.A. § 7478 (1978). . 42 U.S.C.A. § 7475 (1978) (emphasis added).”

Env't Def. v. Duke Energy Corp., 549 U.S. 561 (2007). · cites it 2× “Although Duke correctly points out that "Congress instructed that the bulk of the pre-existing rules `shall remain in effect,'" Brief for Respondent Duke 44 (quoting 42 U.S.C. § 7478 (a)), this instruction was a temporary measure "[u]ntil such time as an applicable…”

Sierra Club v. Leavitt, 355 F. Supp. 2d 544 (D.D.C. 2005). · cites it 3× “, 42 U.S.C. § 7478 (a) (“applicable regulations under this chapter”); 7479(3) (“subject to regulation under this chapter”); 7503(a)(3) (“applicable emission limitations and standards under this chapter”); 7506(c)(2) (“applicable implementation plan in effect under this…”

Texas v. Env't Prot. Agency, 726 F.3d 180 (D.C. Cir. 2013). · cites it 2× “” 42 U.S.C. § 7478 (a). So, petitioners maintain, when Congress intended to impose new PSD requirements and bypass SIP revision procedures, it did so explicitly, as in the exceptions in CAA § 168(b).”

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). “Id at § 168, 42 U.S.C. § 7478 (1978). 49 . 43 Fed.Reg.”

Puerto Rican Cement Co., Inc. v. United States Env't Prot. Agency, 889 F.2d 292 (1st Cir. 1989). · cites it 2× “See 42 U.S.C. § 7478 ; 40 C.F.R. 52.21(a). Because the permitting process is costly and time-consuming, EPA has developed an informal system for determining whether or not a particular construction proposal does, or does not, fall within the scope of the PSD permit law.”

Env't Def. Fund, Inc. v. Costle, 448 F. Supp. 89 (D.D.C. 1978). “42 U.S.C. § 7478 . 7 . In addition to the two notices of rulemaking discussed in text, the Administrator also proposed regulations to guide the states in revising their implementation plans to incorporate other new PSD requirements.”

Connecticut Fund for the Env't, Inc. v. Env't Prot. Agency, 696 F.2d 179 (2d Cir. 1982). “42 U.S.C. § 7478 (a). Petitioners maintain that the 1974 regulations are still in effect in Connecticut, and that the Energy Trade Program fails to comply with them.”

California v. U.S. E.P.A., 360 F. Supp. 3d 984 (N.D. Cal. 2018). “Another example provided by Sierra Club is 42 U.S.C. § 7478 , which states that "[u]ntil such time as an applicable implementation plan is in effect for any area .”

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