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Greenbaum v. EPA

ELR Citation: 34 ELR 20032
Nos. No. 01-3132, (6th Cir., 06/03/2004)

The Sixth Circuit upheld EPA's redesignation of Cleveland, Ohio, from nonattainment to attainment for particulate matter under CAA §107(d)(3)(E). An environmental group argued that EPA illegally waived statutory requirements when it redesignated the area to attainment by not fully approving the SIP but the court declined to determine whether Ohio's new source review (NSR) program should have been fully approved prior to redesignation as no challenges to the rule were filed by the deadline. The court determined as reasonable EPA's interpretation that the NSR program is not a pollution control measure, but a permitting program under which those who want to construct a new major pollutant source, or modify an existing major pollutant source, must acquire a permit; it is not a contingency measure such as immediate emission reductions on existing sources. Finally, EPA's approval of Ohio's maintenance plan with contingency measures to provide a means to deal with likely violations was proper, and was not intended to cover every possible contingency.