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WESTERN STATES PETROLEUM ASS'N v. E.P.A.

No. 95-70034.

87 F.3d 280 (1996)

WESTERN STATES PETROLEUM ASSOCIATION; Northwest Pulp & Paper Association; Aluminum Company of America; Columbia Aluminum Corporation; Intalco Aluminum Corporation; Kaiser Aluminum & Chemical Corporation; Vanalco, Inc., Petitioners, State of Washington Department of Ecology, Intervenor, v. ENVIRONMENTAL PROTECTION AGENCY; Carol M. Browner, Administrator, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1996.

Attorney(s) appearing for the Case

Matthew Cohen and Leonard J. Feldman, Heller, Ehrman, White & McAuliffe, Seattle, Washington, for petitioners.

Mary Sue Wilson, Assistant Attorney General, Olympia, Washington, for intervenor.

Daniel M. Flores, United States Department of Justice, Environmental & Natural Resources Division, Washington, DC, for respondents.

Before: WRIGHT, PREGERSON, and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

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 V program that would exempt "insignificant emissions units" (IEUs) from permit application requirements, as well as monitoring...

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