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
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
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US EPA’s decision to issue a Prevention of Significant Deterioration (PSD) permit to construct a power plant under outdated – and less stringent – air quality standards in place when the permit application was submitted.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
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
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
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
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
