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CPC Int'l, Inc. v. Train

Citation: 5 ELR 20392
No. No. 74-1447, 515 F.2d 1032/7 ERC 1887/(8th Cir., 05/05/1975)

The Eighth Circuit Court of Appeals rules that the statutory language and legislative history of the Federal Water Pollution Control Act Amendments of 1972 demonstrate that EPA does not have separate power under §301 of the statute to promulgate by regulation effluent limitations for existing corn milling plants. Regulations setting forth these limitations may instead be properly issued solely under §304 of the FWPCA, and are subject to review by the federal district court. Since exclusive review in the court of appeals under §509 is therefore not available for these regulations, petitioners' challenge to them is dismissed for lack of jurisdiction. The court also remands to EPA new source standards of performance and new source pretreatment standards for corn milling plants promulgated under §§306(b) and 307(c) respectively. The performance standards are held arbitrary and capricious because they rely on technology which has not been shown transferable to the corn milling industry. The pretreatment standards for discharges into municipal sewage treatment plants are ruled too vague to warn the industry of the scope of prohibited conduct regarding excessive discharges over short periods of time. The new source performance standards and the pretreatment standards for new sources are therefore remanded to EPA for revision on an accelerated timetable. The court retains jurisdiction in order to review the sufficiency of the regulations after they have been revised.

Counsel for Petitioners
Robert C. Barnard
Charles F. Lettow
Cleary, Gottlieb, Steen & Hamilton
1250 Connecticut Avenue, N.W.
Washington, D.C. 20036

Counsel for Respondents
Kathryn A. Oberly
Department of Justice
Washington, D.C. 20530

Pam Quinn
Environmental Protection Agency
Washington, D.C. 20460