PPG Indus. v. Costle
Citation: 10 ELR 20877
No. Nos. 78-3198 et al., 630 F.2d 462/15 ERC 1097/(6th Cir., 09/30/1980)
The court remands the Environmental Protection Agency's (EPA's) designation of Summit County, Ohio as a non-attainment area for sulfur dioxide under the 1977 amendments to the Clean Air Act. Though it upholds as a general matter EPA's use of modeling data rather than monitoring data in designating non-attainment areas, the court finds that in the instant case the designation must fall. It was arbitrary and capricious to rely on admittedly erroneous modeling data along with promises that the data would be corrected in the future.Since the designation of the county as non-attainmen had immediate repurcussions through application of EPA's emissions offset policy, it was required to have complete support for its action in the administrative record at the time of the designation. The requisite factual support was lacking, and the case is therefore remanded for supplementation of the record.
Counsel for Petitioners
Porter, Wright, Morris & Arthur
37 W. Broad St., Columbus OH 43215
PPG Industries, Inc.
One Gateway Center, Pittsburgh PA 15222
Counsel for Respondents
Mary Ann Muirhead
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
Paul M. Kaplow
Land and Natural Resources Section
Department of Justice, Washington DC 20530
Before: EDWARDS, Chief Judge, and PHILLIPS and PECK, Senior Circuit Judges.