ELR Citation: ELR 20922
No(s). s. 78-3199, -3642 (6th Cir. Oct 16, 1980)

The court upholds the Environmental Protection Agency's (EPA's) Clean Air Act designation of Richland and Montgomery Counties, Ohio as nonattainment areas for total suspended particulates. The court concludes that the EPA Administrator did not act in an arbirary or capricious manner in refusing to accept petitioner's data challenging the Richland County designations because they were "not quality assured." Further, the court concludes that notwithstanding the alleged errors in the designations for Montgomery County, the Administrator's action has not been shown to have been arbitrary and capricious.

Counsel for Petitioner
C. Randolph Light, Louis E. Tosi
Fuller, Henry, Hodge & Snyder
P.O. Box 2088, Toledo OH 43603
(419) 255-8220

Van Carson, James F. Allen, William H. Baughmann Jr.
Squire, Sanders & Dempsey
1800 Union Commerce Bldg., Cleveland OH 44115
(216) 696-9200

Counsel for Respondents
Mary Ann Muirhead
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 755-2511

Ronald C. Hausmann
Land and Natural Resources Division
Departments of Justice, Washington DC 20530
(202) 633-4160

Before EDWARDS, Chief Judge, and PHILLIPS and PECK, Senior Circuit Judges.