ELR Citation: ELR 20030
No(s). 08-1030 (D.C. Cir. Feb 6, 2009)

The D.C. Circuit denied petitions for review of a U.S. Environmental Protection Agency (EPA) rule extending the deadline for the Agency to establish more stringent emissions standards for large marine diesel engines. In the extension rule, EPA explained that despite the delay it remains committed to developing and proposing more stringent (Tier 2) emission standards for large marine diesel engines. Although it had gathered additional information since issuing the interim (Tier 1) rule, EPA identified several issues that it must resolve before it can set the Tier 2 standards. Petitioners argued that EPA violated Clean Air Act (CAA) §213 by failing to set standards that attain the greatest degree of emissions reductions achievable with available technology. Petitioners also argued that EPA's claim that it needs more time is not supported by the record. CAA §213, however, does not require EPA to "adopt the most stringent standards based on the most advanced control technologies"; rather, it requires EPA to consider a number of factors, including cost, noise, and safety. Nor does CAA §213(a) preclude EPA from taking the time it reasonably needs to weigh those factors and formulate a rule. Here, the record demonstrates that EPA reasonably needs more time to develop a cost-effective implementation and compliance program. In view of the issues remaining for EPA to resolve before it sets Tier 2 standards and because the extension rule commits EPA to proceed with its two-tiered approach and to set standards no later than December 17, 2009, the rule is neither arbitrary nor unlawful.