The Bunker Hill Company v. Environmental Protection Agency

Petitioner challenges the actions of the Environmental Protection Agency (EPA) in rejecting portions of the State of Idaho’s implementation plan under the Clean Air Act, 42 U.S.C.A. §§ 1857 , et seq. (Supp. 1977), and substituting therefor its own regulations. See 40 Fed.Reg. 53584 (1975). The rejected portions of the Idaho implementation plan deal with the control of sulfur dioxide (S02) from the Idaho plant of petitioner. The petitioner’s challenge relies on several grounds. While we find in favor of the Administrator on various legal and procedural issues, we remand this proceeding to the EPA for further consideration of the technological feasibility of certain modifications of petitioner’s smelter operations which would be required by the substituted regulations.

I.

History of the Case.

Bunker Hill’s Kellogg, Idaho operations include lead and zinc smelters that emit substantial amounts of S02 gas. Some of the S02 gas presently is vented directly to the atmosphere; the remainder is treated in three acid plants — two servicing the zinc operations, and the third handling the lead smelter. There is no dispute that, as presently operated, Bunker Hill’s Idaho plant is not meeting…