40 C.F.R. §49.11 - Actions under section 301(d)(4) authority

Cite as40 C.F.R. §49.11
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8 cases
  • Arizona Public Service Co. v. U.S. E.P.A., No. 07-9546.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 14 Abril 2009
    ...criteria of 40 CFR part 51, Appendix V, or does not 562 F.3d 1120 receive EPA approval of a submitted tribal implementation plan. 40 C.F.R. § 49.11(a). Here, the Navajo Nation did not submit a tribal plan, and the Plant's emissions remained officially unregulated, although the Plant volunta......
  • Yazzie v. U.S. Envtl. Prot. Agency, 14-73100
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 20 Marzo 2017
    ...without unreasonable delay such Federal implementation plan provisions as are necessary or appropriate to protect air quality." 40 C.F.R. § 49.11(a).The TAR also exempted tribes from certain CAA requirements because States were farther along in "developing air planning and implementation ex......
  • Michigan v. U.S. E.P.A., 08-2582.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 9 Septiembre 2009
    ...plan, the EPA will promulgate a FIP to govern the tribal lands until the Tribe creates a valid TIP, if and when it wishes to do so. 40 C.F.R. § 49.11. Both a State and a Tribe are authorized to redesignate land within their boundaries to Class I status. 42 U.S.C. § 7474(a), (c). Redesignati......
  • WildEarth Guardians v. U.S. Envtl. Prot. Agency, 13–9524.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 23 Julio 2014
    ...the Tribal Authority Rule that it was “necessary or appropriate” to establish the BART for NOx and PM emissions. See id. at 64222–23; 40 C.F.R. § 49.11(a) (2013). Both NOx and PM contribute to visibility impairment. SeeProposed FIP, 75 Fed.Reg. at 64224. The EPA considered the five factors ......
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