Western States Petroleum Ass'n v. Environmental Protection Agency

Title V of the 1990 Clean Air Act Amendments (Title V), 42 U.S.C. §§ 7601 , et. seq., established a new operating permit program to be administered pursuant to rules developed by the states and approved by the Environmental Protection Agency (EPA). The State of Washington submitted for EPA approval a Title Y program that would exempt “insignificant emissions units” (IEUs) from permit application requirements, as well as monitoring, reporting and record-keeping requirements. The EPA granted only interim approval to Washington’s program and conditioned final approval on the repeal of the IEU exemption. We reverse the EPA’s decision as an abuse of discretion because it conflicts substantially with numerous EPA decisions in other states and localities.

BACKGROUND

Title V instituted a centralized permitting program to be administered by the states subject to EPA oversight. Through the program, all Clean Air Act substantive and procedural requirements applicable to a pollutant emitter are written in the emitter’s operating permit. 42 U.S.C. §§ 7661e(a)-(c). Each permit must include inspection, entry, monitoring, compliance certification, and reporting requirements to assure compliance…