Scope

CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §81.300
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4 cases
  • Bethlehem Steel Corp. v. U.S. E.P.A., 82-2608
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • December 13, 1983
    ...area by not having sought, within section 307(b)(1)'s 60-day time limit, judicial review of the interpretive regulation (40 C.F.R. Sec. 81.300 (1978)) in which the EPA announced that it could reclassify areas after promulgation of the original list. However, the 60 days for challenging the ......
  • Reno-Sparks Indian Colony v. U.S. E.P.A., 02-71503.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 16, 2003
    ...nonattainment for PM-10 in accordance with section 107(d)(4)(B) of the Act. 56 Fed.Reg. 56694, 56709 (Nov. 6, 1991) (codified at 40 C.F.R. § 81.300(b)) (emphasis added). The regulation, which applied generally to all the listed states, did not mention the EPA's use of the term "rest of stat......
  • Great Basin Mine Watch v. U.S. E.P.A., 03-70231.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 23, 2005
    ...considerations the Administrator deems appropriate." 42 U.S.C. § 7407(d)(3)(A). This decision also must rely on "sufficient data." 40 C.F.R. § 81.300(a). The situation is different when PSD restrictions have already been triggered in an area. Division of such an area into two new areas rais......
  • Scope of Environmental Protection Agency's Discretion to Adopt Any One of Three Alternative Interpretations of the Mitchell-Conte Amendment to the Clean Air Act, 89-12
    • United States
    • Opinions of the Office of Legal Counsel of the Department of Justice
    • April 14, 1989
    ...Curne David P. Currie, Air Pollution: Federal Law and Analysis § 6.04, at 6-12 (1981) (citing a subsequently superseded EPA regulation, 40 C.FR § 81.300, as providing that EPA can unilaterally initiate changes in designations, and stating that "it is up to the EPA to designate any (nonattai......

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