EAB Sets Precedent Backing EPA Discretion To Determine BACT For GHGs

摘要

EPA's Environmental Appeals Board (EAB) has upheld an agency-issued permit allowing a proposed natural gas plant to use simple-cycle turbines rather than more energy-efficient combined-cycle, setting a precedent backing EPA's discretion on determining best available control technology (BACT) for greenhouse gas (GHG) permits. EAB's ruling also raises questions about whether EPA's upcoming re-proposal of its new source performance standard (NSPS) to limit GHGs at future power plants, due Sept. 20, will continue to exempt simple-cycle units. EPA's April 2012 climate NSPS proposal included the exemption, but the agency will issue a revised proposal. The ruling is available on InsideEPA.com. See page 2 for details. (Doc ID: 2443716) One industry source says the Aug. 2 EAB ruling rejects environmentalists' attempts to force Clean Air Act permit applicants to consider combined-cycle turbines in a GHG BACT analysis for a simple-cycle unit. EAB also rejected Sierra Club's effort to have EPA require the most stringent GHG emissions rate as a permit limit.