ELR Citation: ELR 20048
No(s). 08-71238 (9th Cir. Mar 5, 2009)

The Ninth Circuit upheld the U.S. Environmental Protection Agency's (EPA's) approval of a state implementation plan revision that aims to reduce particulate matter (PM) emissions from agricultural sources in San Joaquin Valley, California. The revision comports with Clean Air Act (CAA) §§179 and 189(b)(1)(B). EPA's decision not to implement "all feasible measures" into the revision was lawful. EPA reasonably interpreted CAA §179 to mean that the measures that the Administrator may reasonably prescribe include all measures that can be feasibly implemented in the area in light of technological achievability, costs, and economic, health, and environmental effects. The court also rejected petitioners' argument that the revision's menu of options for controlling PM emissions from agricultural sources does not constitute the best available control measures (BACM) under CAA §189(b)(1)(B). EPA made no clear error of judgment in ruling that the revision complies with BACM, EPA followed its regulatory process, and that process was consistent with prior case law.