Whitman v. American Trucking Assns., Inc., 531 U.S. 457, 26 (2001)

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482

WHITMAN v. AMERICAN TRUCKING ASSNS., INC.

Opinion of the Court

it does, then according to the switching provisions of Subpart 1 it will control.

So, does Subpart 2 provide for classifying nonattainment ozone areas under the revised standard? It unquestionably does. The backbone of the subpart is Table 1, printed in § 7511(a)(1) and reproduced in the margin here,5 which defines five categories of ozone nonattainment areas and prescribes attainment deadlines for each. Section 7511(a)(1) funnels all nonattainment areas into the table for classification, declaring that "[e]ach area designated nonattainment for ozone . . . shall be classified at the time of such designation, under table 1, by operation of law." And once an area has been classified, "the primary standard attainment date for ozone shall be as expeditiously as practicable but not later than the date provided in table 1." The EPA argues that this text is not as clear or comprehensive as it seems, because the title of § 7511(a) reads "Classification and attainment dates for 1989 nonattainment areas," which suggests that Subpart 2 applies only to areas that were in nonattainment in 1989, and not to areas later designated non-

5
TABLE 1

Area classDesign value*Primary standard
attainment date**

Marginal ..............0.121 up to 0.138 ..............3 years after
November 15, 1990
Moderate..............0.138 up to 0.160 ..............6 years after
November 15, 1990
Serious ................0.160 up to 0.180 ..............9 years after
November 15, 1990
Severe .................0.180 up to 0.280 ..............15 years after
November 15, 1990
Extreme...............0.280 and above ...............20 years after
November 15, 1990

*The design value is measured in parts per million (ppm).

**The primary standard attainment date is measured from November 15, 1990.

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