Jump to Navigation
Jump to Content

BCCA Appeal Group v. United State Environmental Protection Agency

ELR Citation: 42 ELR 20131
Nos. 10-60459, (5th Cir., 06/15/2012)

The Fifth Circuit upheld EPA's decision to disapprove certain revisions to Texas' SIP. EPA disapproved the revisions concerning the state's "qualified facilities program" because it did not meet the minor new source review (NSR) SIP nor did it meet the NSR SIP requirement for a substitute major NSR SIP revision. The state as well as industry groups argued that EPA's disapproval was arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with the law. They argued that EPA improperly or mistakenly injected requirements found in major NSR provisions in its disapproval of the program. The revisions, however, are not clearly limited to minor NSR. Because the record establishes that EPA considered the relevant factors in disapproving the program, its action bears a rational relationship to the purpose of the statute, and there is substantial evidence in the record to support its decision, the court upheld EPA's action disapproving the plan revisions.