Appalachian Power Company v. Environmental Protection Agency case brief

Appalachian Power Company v. Environmental Protection Agency case brief summary
208 F.3d 1015 (2000)

CASE SYNOPSIS

Petitioner's sought review of an order of the Environmental Protection Agency, which released a document entitled "Periodic Monitoring Guidance for Title V Operating Permits Programs" outlining periodic monitoring of source point emissions subject to Title V of the Clean Air Act Amendments of 1990.

CASE FACTS
In consolidated petitions for review, petitioners, electric power companies and trade associations representing the nation's chemical and petroleum industry, challenged the validity of portions of an Environmental Protection Agency (EPA) document entitled "Periodic Monitoring Guidance for Title V Operating Permits Programs" (Guidance).

DISCUSSION

• The court of appeals set aside the Guidance in its entirety. 
• The court found that provisions of the Guidance directing state permitting authorities to conduct wide-ranging sufficiency reviews and to enhance the monitoring required in individual permits beyond that contained in state or federal emission standards significantly expanded the scope of 40 C.F.R. § 70.6(a)(3)(i)(B). 
• The court held that these provisions should have been subject to the rulemaking procedures required by the statute. 
• Accordingly, in view of the intertwined nature of the challenged and unchallenged portions of the Guidance, the court concluded that the Guidance must be set aside in its entirety.

OUTCOME

Upon petition for review, an Environmental Protection Agency document entitled "Periodic Monitoring Guidance for Title V Operating Permits Programs" (Guidance) on finding certain Guidance provisions should have been subject to the rulemaking procedures required under federal law.

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