ELR Citation: ELR 20460
No(s). 88-7368 (9th Cir. Mar 1, 1990)

The court holds that the Environmental Protection Agency's (EPA's) approval of the Clean Air Act state implementation plans (SIPs) for Maricopa and Pima Counties in Arizona was arbitrary and capricious, and orders EPA to develop federal implementation plans (FIPs) within six months. The court first holds that if the Clean Air Act's 1982 deadline for nonattainment areas to attain the national ambient air quality standards (NAAQS) is not met, the NAAQS must be attained as soon as possible with every available control measure. The court rejects EPA's interpretation that delinquent nonattainment areas may take three years from approval of their SIPs to attain the NAAQS. The 1982 deadline is unambiguous and may not be ignored by EPA. The court holds that EPA arbitrarily and capriciously found that the counties' SIPs provide for sufficient control measures. The SIPs adopted only three control measures, and Arizona failed to demonstrate that the control measures listed in Clean Air Act §108 are impracticable or unreasonable. The court also holds that EPA arbitrarily and capriciously found that the Maricopa SIP provides an adequate contingency plan, which would be implemented if expected emission reductions do not occur. The court holds that EPA did not arbitrarily or capriciously decide that the Maricopa SIP provides adequate maintenance of NAAQS after attainment. EPA reasonably required only a 10-year maintenance program based on its conclusion that projections beyond 10 years are unreliable. The court orders EPA to develop FIPs within six months that use all available control measures to attain the carbon monoxide standards as soon as possible. The FIPs must contain contingency and conformity plans that comply with EPA guidelines and must be based on the most recent traffic projections.

Counsel for Petitioners
David S. Baron
Arizona Center for Law in the Public Interest
3208 E. Fort Lowell Rd., Ste. 106, Tucson AZ 85716
(602) 327-9547

Counsel for Respondent
Alan W. Eckert, Associate General Counsel
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 382-7606

Before Tang and Reinhardt, JJ.