ELR Citation: ELR 20376
No(s). S87-377 (N.D. Ind. Sep 21, 1990)

The court holds that the Environmental Protection Agency (EPA) may proceed with a Clean Air Act (CAA) enforcement action even though EPA failed to act within 60 days on a state's request to redesignate the air quality control region in which an alleged CAA violation occurred. EPA had commenced enforcement proceedings against a military vehicle manufacturer for allegedly failing to utilize emission limitation techniques to achieve the lowest achievable emission rate for volatile organic compounds required in nonattainment areas. Relying on the U.S. Supreme Court's decision in General Motors Corp. v. United States, 20 ELR 20959, the court holds that EPA was not required to review within 60 days Indiana's state implementation plan revisions that would redesignate the attainment status of the county where defendant's facility is located. EPA is entitled to enforce the existing state implementation plan during its review of Indiana's proposed revisions.

Counsel for Plaintiff
Andrew Baker
Attorney General's Office
Federal Bldg., 507 State St., 4th Fl., Hammond IN 46320
(219) 937-5215

Counsel for Defendant
Lawrence Vanore, Brian Tabler
Barnes & Thornburg
1313 Merchants Bank Bldg., 11 S. Meridian, Indiana IN 46204
(317) 638-1313