ELR Citation: ELR 20642
No(s). 72-1073 (D.C. Cir. Jun 29, 1973)

Determinations made by the Administrator of the Environmental Protection Agency under §111 of the Clean Air Act governing standards for emission of air pollutants by new sources are exempt from NEPA requirements. However, the Administrator's promulgation of standards for Portland cement plants was deficient in failing to provide test results and methodology to manufacturers early enough to allow for comment, and for inadequately responding to technical criticisms. The standard is remanded to the Agency.

Counsel for Petitioners
Robert Haythorne
Kirkland, Ellis, Hodson, Chaffetz & Masters
Prudential Plaza
Chicago, IL 60601

Counsel for Respondent
James R. Walpole Attorney
Kent Frizzell Assistant Attorney General
Department of Justice
Washington, DC 20530