APPALACHIAN POWER COMPANY V. EPA
208 F.3d 1015 (D.C. Cir. 2000)
NATURE OF THE CASE: There were petitions for review of an order of the Environmental
Protection Agency (D). Appalachian (P) challenged the validity of portions of a D document
entitled 'Periodic Monitoring Guidance,' released in 1998. In the alternative, Ps seek
review of a 1992 EPA rule implementing Title V of the Clean Air Amendments of 1990.
FACTS: Amendments to the Clean Air Act required stationary sources of pollution to obtain
operating permits from State or local authorities administering their D-approved
implementation plans. If a State decided not to participate, or if D disapproved the State's
program, federal sanctions would kick in, including a cut-off of federal highway funds and a
D takeover of permit-issuing authority within the State. One part of the rules that D
required was that each permit must contain the following requirements with respect to
monitoring: periodic monitoring sufficient to yield reliable data from the relevant time
period that are representative of the source's compliance with the permit. This was
ambiguous in that the rule did not stated whether this applied only when a state lacked
monitoring provisions or it replaced all state plans. D then issued 'Periodic Monitoring
Guidance,' which stated clearly that D's systems overrule any state requirements. Ps sued
and D contends that 'Guidance' is not final or binding agency action.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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