ELR Citation: ELR 20017
No(s). 86-7693 (9th Cir. Oct 2, 1987)

The court upholds the Environmental Protection Agency's (EPA's) disapproval of Arizona's state implementation plans (SIPs) for Maricopa and Pima Counties for carbon monoxide (CO) and ozone, and the agency's imposition of a contruction ban on new CO sources. The court holds that EPA's original conditional approval of the SIPs and the state's apparent fulfillment of the conditions do not require EPA to treat Arizona as if it had been implementing a fully approved SIP. EPA's policy to allow states that have approved SIPs but that have not attained air quality standards to submit revised SIPs instead of being subject to sanctions does not apply to Arizona, which never had SIPs for Maricopa and Pima counties that appeared to meet all the requirements of the Clean Air Act.

Counsel for Petitioner
James Redpath, Ass't Attorney General
Transportation Division
1275 W. Washington, Phoenix AZ 85007
(602) 255-4266

Counsel for Respondent
David W. Zugschwerdt
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2686

Before Schroeder, Poole and Smith,^* JJ.