ELR Citation: ELR 21363
No(s). 89-4006 (6th Cir. Aug 12, 1991)

The court holds that the Environmental Protection Agency (EPA) properly disapproved a site-specific revision to Ohio's state implementation plan (SIP) for volatile organic compound emissions. The proposed revision would have granted a five-year extension for compliance with the SIP to ten surface coating lines of a truck manufacturer. The court first holds that EPA was reasonable in requiring an up-to-date demonstration of how the lines' nonattainment area would comply with the national ambient air quality standards (NAAQS) for ozone. Although the state's 1979 attainment demonstration purported to show that the area would comply with the ozone NAAQS by December 31, 1982, the date that the proposed extension period would begin, violations occurred after that date. Further, EPA's request for an up-to-date attainment demonstration was consistent with policy statements it issued in 1983 and 1986 and was a reasonable implementation of the statutory requirement that a state plan must provide for the timely attainment and subsequent maintenance of NAAQS. The court notes that EPA was not arbitrary or capricious in finding that the company failed to show that its proposed revisions provided for the implementation of all reasonably available control measures as expeditiously as practicable. Further, the court holds that EPA was not unreasonable in finding that the company failed to demonstrate that compliance with the current SIP was not technically feasible. The court finds that EPA provided reasoned explanations for its action and sufficiently responded to public comments. Finally, the court holds that the company failed to prove that EPA was biased in reviewing the proposed SIP revision because it was also prosecuting the company for alleged violations of the existing SIP.

Counsel for Petitioner
Frederic P. Andes
Kirkland & Ellis
200 E. Randolph Dr., Ste. 5800, Chicago IL 60601
(312) 861-2000

Counsel for Respondent
Christopher S. Vadden
U.S. Department of Justice
P.O. Box 23986, Washington DC 20026
(202) 633-4198

Before: GUY and RYAN, Circuit Judges; and JOINER, Senior District Judge.^*