ELR Citation: ELR 20213
No(s). 05-4349 (6th Cir. Oct 20, 2006)

The court affirmed the U.S. Environmental Protection Agency's (EPA’s) final rulemaking action approving revisions to Kentucky’s state implementation plan (SIP) involving air quality standards under the Clean Air Act (CAA). The revisions allowed the state to move its vehicle inspection and maintenance program for certain counties from the active or “regulatory” portion of its SIP to the contingency measures portion of the plan. EPA interpreted CAA §110(1) to allow approval of a SIP revision unless it finds that the plan will worsen air quality. Because EPA’s interpretation was reasonable and because its findings were supported by the record, the Agency was entitled to deference and its decision was upheld.