ATK Launch Systems, Inc. v. EPA, No. 10-1004 (D.C. Cir. 2012)
Annotate this CasePetitioners sought partial vacation of a final rule designating certain areas of nonattainment for the 2006 24-hour fine particulate matter standard. Petitioners challenged the inclusion of parts of Tooele and Box Elder Counties within the Salt Lake City nonattainment area. The EPA concluded that emissions from eastern portions of both Box Elder County and Tooele County contributed to nearby violations of the 24-hour fine particulate matter. Because EPA's nine-factor test was intended to be applied on a case-by-case basis to account for diverse considerations, including the varying effects of local topography and meteorology on the 24-hour fine particulate matter dispersion, and EPA reasonably explained its designations, the court denied the petition for review.
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