ELR Citation: 42 ELR 20202
No(s). 09-100 (M.D. La. Sep 18, 2012) (Brady, J.)

A district court held that reheater replacements at a Louisiana power plant constitute a major modification and do not qualify for the routine maintenance, repair or replacement exception to the CAA's PSD provisions. In Wisconsin Electric Power Co. v. Reilly, 893 F.3d 901, 20 ELR 20414 (7th Cir. 1990), the court set forth several factors—the nature, purpose, frequency, cost of work, and other relevant factors—that should be considered in determining whether the exception applies, with no single factor being dispositive. Here, common sense dictates that when a generating facility takes 25 days and spends $45 million—the largest amount ever spent on the unit—with the intent to decrease forced outages and increase future generation, the work cannot be considered routine. A finding to the contrary would essentially allow what was intended to be a narrow exception to swallow the entire PSD program.