ELR Citation: ELR 21383
No(s). 89-3158 (6th Cir. Jul 17, 1989)

The court holds that the Environmental Protection Agency's (EPA's) determination that Ohio's Clean Air Act state implementation plan (SIP) is inadequate is not final EPA action subject to judicial review. EPA had found deficiencies in the SIP for sulfur dioxide emissions in Hamilton County, Ohio. Clean Air Act §307(b)(1) suggests that final agency action is the approval or promulgation of a SIP, actions that have a direct and immediate effect on day-to-day business. EPA's notice of deficiency and request to Ohio to submit a revised SIP does not alter the obligations of the parties in either a practical or legal sense, but rather is just one step in an extended administrative process.

Counsel for Petitioners
Robert Brubaker
Porter, Wright, Morris & Arthur
41 S. High St., Columbus OH 43215
(614) 227-2033

Counsel for Respondent
Patricia M. Embrey
Office of General Counsel
U.S. Environmental Protection Agency, 401 M St. SW, Washington DC 20460
(202) 382-7616

Before: NELSON and BOGGS, Circuit Judges; and ALDRICH, District Judge.^*