ELR Citation: ELR 20096
No(s). s. 98-3399, -3400 (6th Cir. Aug 24, 2000)

The court affirms the U.S. Environmental Protection Agency's (EPA's) disapproval of a revision to the Michigan Clean Air Act (CAA) state implementation plan (SIP) that automatically exempts from state review emissions violations resulting from the startup, shutdown, or malfunction (SSM) of the source if certain notice-and-reporting requirements are met. In 1982 and 1983, EPA issued memoranda stating that it interpreted the CAA as disallowing a broad exclusion from source compliance with emissions limitations in SIPs during SSM periods. Nevertheless, in 1996, Michigan submitted a revised SIP allowing the exemption at issue. The court first holds that EPA did not wrongfully interpret CAA §110 when it stated that excess emissions due to SSM are CAA violations. The CAA prohibits EPA from approving a SIP revision that would interfere with attainment or any other applicable CAA requirement. Under EPA's statutory interpretation of CAA §110, a broad exclusion from source compliance with emissions limitations during SSM periods are inconsistent with the purpose of the CAA's criteria pollutant provisions, which mandate that the national ambient air quality standards (NAAQS) be attained and maintained. Thus, EPA's deference to a state is conditioned on the state's submission of a SIP that satisfies the standards of CAA §110 and that includes emissions limitations that result in compliance with NAAQS. Given the deference that the court owes EPA's decision, it cannot be said that EPA's interpretation of CAA §110 is unreasonable. Michigan's proposed rules jeopardize ambient air quality, EPA found, because the rules excuse compliance from applicable emissions limitations and provide no means for the state to enforce NAAQS. Thus, EPA reasonably concluded that Michigan's proposed SIP revision did not meet the requirements of the CAA.

Counsel for Petitioner
Susan E. Ashrook, Ass't Attorney General
Attorney General's Office
State Office Tower
30 E. Broad St., Columbus OH 43266
(614) 466-3376

Counsel for Respondents
Jon M. Lipshultz
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before Clay and Stafford,^** JJ.