ELR Citation: ELR 20532
No(s). 74-2015 (6th Cir. Sep 4, 1975)

The EPA Administrator acted within the scope of his authority under the Clean Air Act in disapproving a portion of Kentucky's implementation plan which would have allowed coalburning plants to employ intermittent emission limitation systems for the control of sulfur dioxide without showing that constant emission controls such as stack gas scrubbers are unavailable. The Administrator must approve an implementation plan if it includes, inter alia, "emission limitations," which the Supreme Court defines in Train v. Natural Resources Defense Council as "regulations of the composition of substances emitted into the ambient air." Under this definition, a regulation must control the kind the amounts of air contaminants emitted to be an emissions limitation, and while scrubbers meet this standard, intermittent controls do not. Petitions for review of the Administrator's disapproval are denied.

Counsel for Petitioners
Leslie Henry
Wilson W. Snyder
Fuller, Henry, Hodge & Snyder
12th Floor Edison Plaza
300 Madison Avenue
Toledo, OH 43604

Counsel for Respondent
Charles W. Shipley
Department of Justice
Washington, DC 20530

Alan Kirk General Counsel
Environmental Protection Agency
Washington, DC 20460