TSG Inc. v. United States Environmental Protection Agency

OPINION OF THE COURT

FISHER, Circuit Judge.

TSG, Inc. (“TSG”) filed this petition to challenge the validity of the Environmental Protection Agency’s (“EPA”) Applicability Determination, which found that TSG was a fabric “finishing operation” under Subpart OOOO of the National Emission Standards for Hazardous Air Pollutants (“NESHAP”). TSG argues that its fabric treating process should not be required to abide by the finishing operation standards and should instead qualify as a coating operation under the regulations. For the reasons that follow, we conclude that the EPA did not clearly err when…