Syllabus
The United States Environmental Protection Agency [(EPA)] Air Enforcement Division ("Air Enforcement") appeals an Initial Decision dismissing all counts of an amended complaint alleging violations of EPA's gasoline volatility regulation by Commercial Cartage Company ("Commercial Cartage").
American Bottom Conservancy and Sierra Club (“Petitioners”) petitioned the Environmental Appeals Board (“Board”) to review various aspects of a Clean Air Act
(“CAA”) Prevention of Significant Deterioration (“PSD”) permit that the Illinois Environmental Protection Agency (“IEPA”) issued to ConocoPhillips Company
(“ConocoPhillips”) on July 19, 2007. The permit authorizes the Coker and Refinery Expansion Project (“CORE Project”) at the Wood River Refinery in Roxana, Illinois.
Syllabus
This action involves four petitions for review of a Prevention of Significant Deterioration (PSD) permit issued by the State of New Jersey under a delegation from U.S. EPA. The petitions relate to an application to construct a pulverized coal burning power plant in West Deptford, New Jersey. The permit was issued jointly to Crown Energy, L.P. and Vista Energy, L.P. (Crown/Vista).
Held
would prohibit the Administrator of EPA from rejecting or otherwise determining to be inadequate a SIP in any case in which the state submitting the plan has not been given a reasonable time to develop and submit the plan in accordance with a certain provision of the CAA.
would amend the CAA to limit federal regulation of nuisance dust in areas where it is regulated under state, tribal, or local law, and would establish a prohibition against revising any NAAQS applicable to nuisance dust.
On July 31, 2008, United States EPA Region 9 (“Region”) issued a final prevention of significant deterioration (“PSD”) permit (“Permit”) to Desert Rock Energy Company, LLC (“Desert Rock”) pursuant to section 165 of the Clean Air Act (“CAA”), 42 U.S.C. § 7475. The Permit authorizes Desert Rock to construct a new 1,500-megawatt coal-fired electric generating facility approximately twenty-five miles southwest of Farmington, New Mexico.
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