ELR Citation: 51 ELR 20161
No(s). 19-3220 (8th Cir. Aug 20, 2021)

The Eighth Circuit affirmed in part and reversed in part a district court ruling in an ongoing enforcement suit concerning air pollution at a utility company's coal-fired power plant in Missouri. EPA argued the company violated the CAA, Missouri's SIP, and its Title V permit by performing modifications to two units at the plant without obtaining permits, installing pollution control technology, or otherwise complying with applicable requirements. The district court found that the modifications constituted "major" modifications under the CAA, and thus that the company violated the Act by failing to obtain a preconstruction permit and install best available pollution control technology. It further concluded that the company must obtain a PSD permit based on wet flue gas desulfurization used as the best available control technology, and ordered the company to remedy its CAA violation by reducing emissions at another nearby plant. The appellate court agreed that the company must obtain a PSD permit for the plant exceeding emissions, but found that the district court did not have the authority to issue an injunction against the nearby plant. It upheld the district court's ruling in all respects except as to the injunctive relief entered against the nearby plant, and remanded for further proceedings.