Federal Appeals Court Upholds Menu Approach to Controlling PM-10 Emissions

摘要

In its March 5, 2009 decision, the Ninth Circuit Court upheld EPA's interpretation of CAA Section 179(d)(2) as requiring only control measures that EPA has found to be reasonable. In addition, the court found that it was reasonable to provide agricultural operators with the flexibility to choose the PM-10 reduction methods that will be feasible for their individual operation. Therefore, the court upheld EPA's approval of San Joaquin Valley Air Pollution Control District Rule 4550 into the California SIP.