ELR Citation: 46 ELR 20009
No(s). 14-1059 (D. Or. Dec 30, 2015) (Simon)

A district court dismissed environmental groups' CAA citizen suit against a crude oil transloading facility for constructing and operating the facility without a prevention of significant deterioration (PSD) permit. The groups allege that the facility is required to have a PSD permit because it has the potential to emit 100 tons per year or more of volatile organic compounds (VOCs), which contribute to the creation of ozone in the atmosphere. The facility has a permit to emit no more than 78 tons of VOCs per year, but the groups claim that because of inaccurate emissions calculations and unrealistic assumptions, the facility cannot possibly comply with the limit. The groups further argue that the facility lacks the technology to measure the precise amount of pollutants it actually emits. But the groups have not proven by a preponderance of the evidence that the facility inaccurately calculated its potential to emit, which is the foundation of the permit it was issued. Thus, the groups failed to show that the facility will emit at least 100 tons per year of VOCs, which is the threshold that would render the facility subject to the CAA's more demanding PSD permitting requirements.