Pro se petitioner Genghmun Eng sought to force the EPA to object to a Title V operating permit issued by the South Coast Air Quality Management District to an Ultramar Inc. refinery in Wilmington, California. Eng argued that the permit lacked necessary conditions to address potential catastrophic releases of hydrogen fluoride and modified hydrofluoric acid, claiming defects in the facility's Risk Management Plan, Emergency Response Plan, and Emergency Response Manual.
The Ninth Circuit panel rejected Eng's arguments, finding that he failed to demonstrate the need for additional Risk Management Program-related conditions in the Title V permit. Judge Collins explained that SCAQMD lacks delegated authority to implement the RMP program and that "the administration of the RMP program is generally 'beyond the jurisdiction of the South Coast AQMD.'" The court noted that existing EPA regulations at 40 C.F.R. § 68.215 already establish limited oversight mechanisms for RMP compliance through Title V permits.
The EPA Administrator had previously denied Eng's administrative petition under Clean Air Act § 505(b)(2), which requested the agency object to the permit renewal. Eng had submitted public comments during SCAQMD's comment period from August to September 2023, but the district proceeded to issue the permit in April 2024. When the EPA declined to object during its 45-day review period, Eng filed his petition.
The decision reinforces the separation between Title V operating permits and the Risk Management Program, which are administered by different agencies. The court suggested that if Eng believes there are deficiencies in EPA's regulation of the refinery under the RMP program, his proper remedy would be through the Clean Air Act's citizen-suit provision rather than the Title V permitting process.