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Sierra Club v. EPA

ELR Citation: 38 ELR 20215
Nos. No. 04-1243, (D.C. Cir., 08/19/2008)

The D.C. Circuit vacated a U.S. Environmental Protection Agency (EPA) rule preventing state and local authorities from supplementing emissions monitoring requirements for stationary sources subject to Title V of the Clean Air Act (CAA). Title V enlists EPA and state and local environmental authorities in a common effort to create a permit program for most stationary sources of air pollution. Fundamental to this scheme is the mandate that "[e]ach permit . . . shall set forth . . . monitoring . . . requirements to assure compliance with the permit terms and conditions." According to the plain meaning of this phrase, state and local authorities must be allowed to cure any monitoring deficiencies. However, the court denied petitions challenging monitoring requirements enumerated in 40 C.F.R. pt. 70. The "Part 70 rules" are consistent with the CAA's mandate.