Georgia-Pacific Corporation v. United States Environmental Protection Agency
Opinion
Opinion
Coughenour, J.
Petitioner Georgia-Pacific Corporation operates a paper, pulp and chemical facility at Bellingham, Washington. In 1978 Georgia-Pacific sought a variance from certain effluent guidelines promulgated pursuant to the Federal Water Pollution Control Act Amendments. The Environmental Protection Agency (“EPA”) denied the request. Petitioner urges that the EPA determination was defective, both in procedure and result. We disagree.
A. Regulatory Scheme
Under the Federal Water Pollution Control Act, as amended in 1972 (hereinafter “the Control Act”), it is unlawful to discharge any pollutant into a navigable water without first obtaining a permit under Section 402 of the Control Act. 33 U.S.C.A. § 1342 (a)(1) (1977 Supp.). Section 402(a) of the Control Act authorizes the Administrator of the EPA to issue a permit if he determines, inter alia, that the discharge would meet the requirements of Section 301 of the Control Act. Section 301(b)(1)(A) in turn requires, prior to July 1, 1983, the application of the “best practicable control technology currently available” (“BPT”), as defined in Section 304(b)(1) of the Control Act. Although these standards are commonly known as “guidelines,” it…