ELR Citation: ELR 20636
No(s). 82-3126 (6th Cir. Jul 1, 1983)

The court holds that the Environmental Protection Agency (EPA) properly approved a revision to the Tennessee state implementation plan (SIP) allowing increased sulfur dioxide (SO₂) emissions from a power plant without considering the impacts on SO₂ or sulfate pollution in New York. The court first rules that EPA did not violate the Clean Air Act by limiting its analysis of the proposed revision of the effects on SO₂ pollution. EPA considered the impacts of the revision on SO₂ pollution in the vicinity of the power plant, explained that it lacked models to make reasonable estimates of long-range or sulfate impacts, and provided an analysis suggesting that any such impacts would be minimal. The court also rejects petitioner's argument that the record compiled by Tennessee for EPA review was inadequate in that it failed to address interstate pollution resulting from the proposed revision as required by Clean Air Act §110(a)(2)(E). EPA used data in the state's proposal to calculate that increases in air pollution concentrations would be miniscule by the time they reached the nearest state border. Nor was it arbitrary and capricious for EPA to rely on an air quality model limited to a range of 50 kilometers. The court must defer to the Agency's expertise in such matters and petitioner identified no superior model. Finally, the court rules that EPA properly rejected petitioner's request to consider the interstate effects of the proposed revision in conjunction with eight other pending revisions affecting 17 plants. EPA's decision to consider the cumulative impacts of the revisions in a separate proceeding on petitioner's §126 petition was rational and the ruling on the Tennessee SIP revision's compliance with §110(a)(2)(E) did not need to await conclusion of the §126 action.

Counsel for Petitioner
James A. Sevinsky, David R. Woley, Ass't Attorneys General
Environmental Protection Bureau, Albany NY 12224
(518) 474-4819

Counsel for Respondent
Barry S. Neuman
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2664

Catherine Cotter
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 472-7806

Counsel for Intervenor
Thomas C. Doolan
Office of the General Counsel
Tennessee Valley Authority, 400 W. Summit Hill Dr., Knoxville TN 37902
(615) 632-2241

Before: LIVELY and CONTIE, Circuit Judges; and PHILLIPS, Senior Circuit Judge.