Tag Archives: PSD

US EPA Issues Second Direct Final Rule on Greenhouse Gas Permitting in Light of DC Circuit Ruling

As we previously reported, in May 2015 US EPA issued a direct final rule allowing for the rescission of certain preconstruction (“PSD”) permits issued by US EPA and delegating permit review authority to states under Step 2 of the Greenhouse Gas (“GHG”) Tailoring Rule.  Step 2 of the Tailoring Rule set in motion PSD permitting for “GHG-only” sources, meaning sources permitted solely … Continue Reading

US EPA Greenhouse Gas Permitting Update

As we reported last summer, the US Supreme Court ruled that US EPA lacked authority to impose Prevention of Significant Deterioration (PSD) and Title V permitting requirements under the Clean Air Act (CAA) on facilities based solely on their emission of greenhouse gases (GHGs).  Since that decision there have been many questions about how sources of GHG … Continue Reading

US EPA’s Failure to Timely Issue Permit Does Not Authorize Grandfathering PSD Permit Application Under Former Air Quality Standards

On August 12, 2014, the Ninth Circuit, in Sierra Club v. EPA, vacated US EPA’s decision to issue a Prevention of Significant Deterioration (PSD) permit to construct a power plant under outdated – and less stringent – air quality standards in place when the permit application was submitted.  The Court held that the Clean Air … Continue Reading

US Courts Continue to Shape the Clean Air Act New Source Review Routine Maintenance, Repair and Replacement Exclusion

Generally, any physical change in or change in method of operation of an existing major stationary source that significantly increases emissions of any regulated New Source Review (NSR) air pollutant emitted will trigger NSR permitting review under the Clean Air Act as a major modification.  However, air pollution control regulations also generally contain exclusions from the definition of major modification for … Continue Reading

Update on PSD/NSR Suits: EME Homer City Generation and Midwest Generation

United States v. EME Homer City Generation, L.P. A circuit court has once again rejected the government’s invitation to rehear whether a PSD violation is a one-time or continuous violation.  On December 12, 2013, the Third Circuit denied petitions from the United States, and the States of New York, New Jersey and the Commonwealth of Pennsylvania, … Continue Reading

Seventh Circuit Denies Government’s Petition for Rehearing in PSD/NSR Case

On Friday, in the United States v. Midwest Generation, LLC appeal, the Seventh Circuit denied the government’s petition for rehearing and rehearing en banc of the court’s July 8, 2013 decision affirming the dismissal of certain PSD / NSR claims.  The judges responded to the petition uniformly.  No judge in regular active service requested a … Continue Reading

Government Seeks Rehearing of 7th Circuit Decision that Failure to Obtain PSD Permit is One-Time Violation

On September 3, 2013, the United States filed a petition for en banc and panel rehearing of the Seventh Circuit’s July 8, 2013 opinion in United States v. Midwest Generation, LLC.  Resurrecting its prior arguments, the government asserts that the panel’s interpretation of the Clean Air Act’s Prevention of Significant Deterioration (PSD) requirements was “flawed” and … Continue Reading