ELR Citation: ELR 20821
No(s). 72-1380 (8th Cir. Jul 27, 1973)

The court affirms the EPA Administrator's approval of provisions of the Iowa Air Pollution Control Implementation Plan regarding intergovernmental cooperation, source location, and continuing compliance for new and modified sources. Exchange of information is sufficient to meet the requirements of intergovernmental cooperation, and the language of the Plan shows that location is an overriding concern in the granting of a permit for a new source. The court disapproves provisions allowing for state variance procedures and considerations of economic feasibility in the issuance of abatement orders in the post-attainment period following May 31, 1975. Even though the Plan is based on state statutes and regulations, federal postponement procedures must govern after that date because the 1970 Clean Air Act Amendments take precedence over state law.

Counsel for Plaintiffs
Richard E. Ayres
1710 N Street NW
Washington, DC 20036

Keith Buck
400 Empire Building
Des Moines, IA 50309

Counsel for Defendant
Kent Frizzell Asst. Attorney General
John E. Varnum
Edmund P. Clark
John P. Hill
Department of Justice
Washington, DC 20530