ELR Citation: 43 ELR 20261
No(s). 308072, 314152 (Mich. Ct. App. Nov 21, 2013)

The Michigan Court of Appeals, in an unpublished opinion, upheld the state environmental agency's decision to issue two permits authorizing modifications at a coal-fired power plant. The plant is located in a county that violates the NAAQS for particulate matter less than 2.5 microns (PM2.5). An environmental group therefore argued that because the power plant, as modified, could contribute to an existing NAAQS violation for PM2.5, the agency erred in issuing the permits and in failing to conduct an analysis of the power plant's PM2.5 emissions on air quality. But the proposed modification would result in a PM2.5 emissions decrease of about 55%. Thus, the group's argument that the permit should not have issued under these circumstances would lead to the absurd result of forbidding a modification in a nonattainment area even if the modification would reduce net emissions. To the extent that the county in which the plant is located already violates the NAAQS for PM2.5, the plant "will not cause, or contribute to" air pollution in excess of the NAAQS. Rather, the permits will reduce PM2.5 concentrations and thereby improve the condition of the air. The court also rejected the group's argument that the agency failed to impose the appropriate one-hour emissions limitations for sulfur dioxide (SO2) and nitrogen oxides (NOx). The permits allow for modifications that will reduce overall NOx emissions by over 75% and SO2 emissions by over 90%. Thus, the agency's approval of the permits is consistent with the purpose of the CAA, which is to reduce pollutants.