Chemithon Corp. v. Agency

The Washington Clean Air Act, RCW 70.94, vests the Puget Sound Air Pollution Control Agency (hereinafter PSAPCA) with the authority to promulgate rules for the implementation of the directives of the act. The regulations prescribe two methods of determining whether air quality required by the act is being maintained: (1) opacity standards measuring the contaminants by visual criteria, and (2) substantive standards which determine the physical and chemical composition of emissions into the atmosphere. Four violations here involve the interpretation of section 9.03 of regulation 1, "opacity…