Code of Federal Regulations Title 40. Protection of Environment § 40.78.12 Standard of review

(1) Except as provided under paragraph (a)(2) of this section, the petitioner shall have the burden of going forward and of persuasion to show that a finding of fact or conclusion of law underlying the decision is clearly erroneous or that an exercise of discretion or policy determination underlying the decision is arbitrary and capricious or otherwise warrants review;  and

(2) The owners and operators of the source or unit involved shall have the burden of persuasion that an Acid Rain permit, NO_X Budget permit, CAIR permit, or other federally enforceable permit was properly issued or should be issued.