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Ohio Power Co. v. EPA

Citation: 14 ELR 20354
No. Nos. 76-2090 et al., 729 F.2d 1096/20 ERC 1842/(6th Cir., 03/22/1984)

The court holds that the administrative record supports the Environmental Protection Agency's (EPA's) previously remanded decision to use Pasquill-Gifford Class A coefficients in determining dispersion of sulfur dioxide emissions from power plants under least stable wind conditions in rural areas. First, the court states that the issues before it are limited to whether EPA reconsidered the basis for the use of Class A coefficients and, if so, whether the record supports continued use of the coefficients. The court then finds that since remand, EPA staff has discussed the use of Class A coefficients, published a notice of reconsideration, discussed and rejected use of Class B coefficients, received and considered objections to use of Class A, and published a notice of intent to continue using Class A. Based on the record, the court holds that the Agency's decision to use Class A coefficients is not arbitrary, capricious, or an abuse of discretion.

[A previous decision in this case is digested at 8 ELR 20312 — Ed.]

Counsel for Petitioners
Roger Strelow
Swidler, Berlin & Strelow
1000 Thomas Jefferson St. NW, Washington DC 20007
(202) 342-5500

Thomas Au
Bureau of Regulatory Counsel
505 Executive House, Harrisburg PA 17120
(717) 787-7060

Counsel for Respondents
Barry S. Neuman
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2664

Before: EDWARDS, Circuit Judge; PHILLIPS and PECK, Senior Circuit Judges.