Through a petition of review the National Wilderness Institute ("NWI"), a non-profit organization based in Alexandria, Virginia, seeks to review Region III's permit decision, which authorized the discharges from the Washington Aqueduct into waters of the United States, pursuant to section 402 of the Clean Water Act ("CWA"). 

This appeal concerns a wood heater, “Model WK23G,” designed by Woodkiln Inc. (“Woodkiln”), that is subject to the particulate matter (“PM”) emission limits set forth in 40 C.F.R. Part 60, Subpart AAA.

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Choice Insulation, Inc. ("Choice") and Allegheny Power Service Corp. ("Allegheny") (collectively "Respondents") appeal an Initial Decision of the presiding Administrative Law Judge ("Presiding Officer"), holding Respondents liable for violations of the Clean Air Act and its National Emissions Standards for Hazardous Air Pollutants: National Emission Standard for Asbestos regulations found at 40 C.F.R. § 61.145(c)(3), (6)(i).

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This decision addresses three petitions for review filed with the Environmental Appeals Board challenging the Clean Air Act prevention of significant deterioration ("PSD") permit issued by EPA Region II to AES Puerto Rico, L.P. ("AES") for construction of a 454-megawatt coal-fired power plant in Guayama, Puerto Rico.

Petitioners challenge aspects of the Region's permit decision relating to sulfur dioxide ("SO₂"), fine particulate matter ("PM[10]"), and environmental justice.

Held