Hall

MEMORANDUM *

Robert Hall petitions for review of two decisions of the Environmental Protection Agency under the Clean Air Act, 42 U.S.C. §§ 7401 -7671q. We deny the petitions.

(1) Hall first claims that the EPA erred when it refused to object to the issuance of an operating permit to Pacific Coast Building Products, Inc. (PABCO) by the Clark County Health District (CCHD). We disagree.

Hall asserts that the permit had to be approved according to the existing rules adopted under Part 70, 1 rather than under the proposed new rules under Part 70. 2 So much is true, but the permit based upon the new rules imposed more stringent conditions upon PABCO than the old ones would have; it is apodictic that meeting the former entailed meeting the latter.

Hall also argues that to be proper the permit had to impose upon PABCO a requirement of post-construction monitoring, and a requirement of submission of a compliance schedule. That simply is not the law. The former is only required when directed by the CCHD control officer, and there is discretion in that official to demand or not demand monitoring by the permitee in any particular case. See State Implementation Plan, Clark County, Nev., §…