Topic Spotlight

 

FEATURE PRODUCTS

U.S. Master™ Wage-Hour Guide, 2007 Edition
Presents a first approach to the Fair Labor Standards Act (FLSA), summarizing the basic legislation, demonstrating how the rules apply to particular employment situations, and exploring practical aspects of employment arrangements in light of the federal wage and hour law.

Learn More »

EAB Rejects Appeal Arguing That PSD Permit Must Include BACT Limits for Carbon Dioxide

In a January 28, 2008 decision, EPA's Environmental Appeals Board (EAB) denied review of a prevention of significant deterioration (PSD) permit for a new coal-fired electric generating plant in Illinois (In re: Christian County Generation, LLC, PSD Appeal No. 07-01). In the case, Sierra Club objected to the PSD permit issued by the Illinois Environmental Protection Agency (IEPA), arguing that the permit must contain a best available control technology (BACT) emission limit for control of carbon dioxide (CO2) emissions. PSD permits issued by the IEPA are "federally-issued permits" because the state agency issues such permits based on a delegation of authority from the federal EPA (i.e., as a delegated agency). The EAB denied review of the permit on procedural grounds.

The applicable PSD permitting regulations generally require that objections to permits be raised within the public comment period for the permit. In certain instances where an issue was not foreseeable during the comment period, new issues may be raised in appeal after the permit has been finalized. Sierra Club argued that it was entitled to raise the issue of BACT for CO₂ for the first time in the administrative appeal before the EAB because, after the close of the public comment period, the U.S. Supreme Court held that greenhouse gases like CO₂ are air "pollutants," as that term is used in the Clean Air Act (Massachusetts v. EPA, No. 05-1120 [U.S. April 2, 2007]). The EAB held that Sierra Club could have reasonably anticipated the Supreme Court's decision prior to the close of the comment period on the PSD permit, and so could have raised the issue during the comment period.

To Read This Article

Subscibers click here.

Not a subscriber? Subscribe today.

For More Information

The Environmental Compliance Portfolio brings you a better understanding of environmental compliance issues and current regulation changes. Created by engineers and environmental consultants, the Environmental Compliance Portfolio focuses on three distinct areas Air Quality Compliance, Hazardous Waste and Hazardous Substances and Wastewater and Water Quality Compliance. Learn More »