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TSG Inc. v. EPA

ELR Citation: 38 ELR 20207
Nos. No. 07-1116, (3d Cir., 08/08/2008)

The Third Circuit denied a petition for review of the U.S. Environmental Protection Agency's (EPA's) determination that a company must comply with national emission standards for hazardous air pollutants for "fabric finishing operations." The solvent used in the company's operation is, by definition, a "finishing material." In addition, EPA's determination that the company's process does not result in a continuous solid film, but instead impregnates the material, was not clearly erroneous. Nor was the Agency's interpretation of the definitions of coating and finishing operations plainly erroneous or inconsistent with the regulation. And EPA had sufficient information to determine that the company was a finishing operation.