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Ohio Pub. Interest Research Group v. Whitman

ELR Citation: 34 ELR 20123
Nos. Nos. 02-3805, -4116, (6th Cir., 10/21/2004)

The Sixth Circuit denied an advocacy group's petition to review the U.S. Environmental Protection Agency's (EPA's) decision not to issue a notice of deficiency to the Ohio EPA for its allegedly inadequate implementation of the Clean Air Act (CAA) Title V permit program. EPA does not dispute the deficiencies cited by the group. However, EPA's recognition of such deficiencies does not constitute a determination that Ohio was not "adequately administering and enforcing" its Title V program. More importantly, CAA §502(i)(1) gives EPA discretion on the use of its enforcement authority. In addition, the group's challenge to EPA's interpretation of CAA §502(b)(10), which requires a Title V facility to apply for a permit revision before making any modifications, was untimely.