ELR Citation: ELR 20458
No(s). 95-9541 (10th Cir. Nov 13, 1996)

The court upholds the U.S. Environmental Protection Agency's (EPA's) determination that two Utah counties that are attaining the national ambient air quality standard (NAAQS) for ozone, but which EPA has not formally redesignated as attainment areas, are exempt from Clean Air Act (CAA) §§172(c)(9) and 182(b)(1)(A)(i). Section 172(c)(9) provides that plans for bringing areas into attainment shall include contingency measures if the areas fail to make reasonable further progress or to attain NAAQS by the applicable attainment date. Section 182(b)(1)(A)(i) requires a "15 percent reasonable further progresss" plan and an attainment demonstration. These provisions fail to require areas that are in attainment but have not yet been redesignated to attainment status to make further emission reductions. In addition, the determination to exempt the counties from these requirements is a logical extension of EPA's original, general interpretation of the 1990 CAA Amendments. Also, EPA has demonstrated that it is not circumventing the redesignation process. All redesignation criteria must be satisfied before EPA will approve the counties' pending redesignation request. If the counties violate the ozone NAAQS before their redesignation to attainment status, their exemption from certain attainment demonstration and reasonable further progress requirements will no longer apply. The court rejects petitioner environmental group's argument that EPA's interpretation of the CAA fails to satisfy the Act's purpose to protect the public.

Counsel for Petitioners
Munir R. Meghjee
Sierra Club Legal Defense Fund
1631 Glenarm Pl., Ste. 300, Denver CO 80202
(303) 623-9466

Counsel for Respondent
Lois J. Schiffer
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before BRORBY, GODBOLD,^* and McWILLIAMS, Circuit Judges.