ELR Citation: ELR 20375
No(s). s. 72-1219, -1224 (1st Cir. May 2, 1973)

The Administrator of the Environmental Protection Agency erred in approving the air pollution implementation plans submitted by Rhode Island and Massachusetts in satisfaction of Clean Air Act requirements. The court finds the Rhode Island plan deficient because (1) it fails to provide for required revisions; (2) it allows for variances from the mandatory attainment dates when the procedure created by the act is exclusive; and (3), it illegally permits the state air pollution director to consider economic and social factors and technical feasibility when issuing abatement orders. The Massachusetts plan is disapproved for containing a similar variance procedure and also for failing to require periodic reports from stationary emission sources and for allowing certain emission reports to be held confidential. The states or the Administrator is ordered to promulgate the necessary revisions. In addition, the Administrator is ordered to supply within 30 days (1) reasons for automatically classifying all cities with less than 200,000 population in the lowest priority group for carbon monoxide and photochemical oxidants; (2) a statement of efforts to collect data concerning those two emissions in Rhode Island; and (3), reasons for concluding that Massachusetts has provided the necessary assurances of adequate personnel and funding when the state admits it must have additional funds to implement the plan. See Comment, Litigation Under the Clean Air Act, 3 ELR 10007 (Mar. 1973).

Counsel for Petitioners
Richard Ayres
Natural Resources Defense Council
1710 N Street, NW
Washington, DC 20036

Thomas Arnold
Epstein, Salloway, & Kaplan
131 State Street
Boston, MA 02109

Counsel for Respondents
Thomas C. Lee Attorney
John P. Hills Attorney
U.S. Department of Justice
Washington, DC 20530