Ass'n of Irritated Residents v. EPA, No. 13-73398 (9th Cir. 2015)
Annotate this CaseAIR petitioned for review of the EPA's promulgation of 40 C.F.R. 52.245, a regulation that revised the scope of a previous EPA decision. The EPA promulgated the regulation under section 110(k)(6) of the Clean Air Act, 42 U.S.C. 7410(k)(6), an error-correcting provision, after the Agency determined that it had mistakenly approved certain New Source Review rules in 2004 as part of California’s State Implementation Plan (SIP). The court concluded that the EPA was not arbitrary, nor did it abuse its discretion in correcting its prior approval of the New Source Review rules after it learned that California law, specifically Senate Bill 700, did not authorize the San Joaquin Air Control District to require new source permits or emissions offsets for minor agricultural sources; because those rules conflicted with state law, they should not have been incorporated into the SIP in 2004; and therefore, the EPA did not act improperly in correcting its prior approval. The court held, as a matter of first impression, that the EPA reasonably interpreted section 110(k)(6)’s requirement that the EPA “revise such [erroneous] action as appropriate” to encompass a retroactive limitation of its previous approval. Accordingly, the court denied the petition for review.
Court Description: Environmental Law The panel denied a petition for review brought by the Association of Irritated Residents seeking review of the United States Environmental Protection Agency’s promulgation of 40 C.F.R. § 52.245 under § 110(k)(6) of the Clean Air Act, an error-correcting provision, after the EPA determined that it had mistakenly approved certain
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