ELR Citation: ELR 21049
No(s). 90-3171 (3d Cir. May 6, 1991)

The court holds that the Environmental Protection Agency (EPA) properly denied Pennsylvania's proposed second supplement to its Clean Air Act state implementation plan (SIP) that would relieve the state from taking the additional measures promised in supplement one. Pennsylvania alleges that new data shows that it has attained the level of ozone reduction required by the SIP. The court holds that EPA's rejection of this new data and the second supplement was proper and in compliance with the Clean Air Act. Clean Air Act §110(a)(2)(B) gives EPA the authority to require a state to show that its attained reductions are maintainable and enforceable and to withhold SIP approval if maintenance of the standard cannot be assured.

Counsel for Petitioner
Richard P. Mather
Department of Environmental Resources
Third Fl., City Towers, P.O. Box 2357, Harrisburg PA 17120
(717) 783-2300

Counsel for Respondent
Mary Elizabeth Ward
Environment and Natural Resources Division
U.S. Department of Justice, P.O. Box 23986, Washington DC 20026
(202) 514-2000