Appeals Court Questions Utility Industry, EPA On Scope Of NSR Reforms

摘要

Federal appeals court judges appeared skeptical at oral arguments of utility industry claims that Bush-era reforms to EPA's new source review (NSR) air permit program imposed major new curbs on the agency's ability to enforce the program, but also questioned EPA's power to pursue enforcement based only on pre-construction data. A three-judge panel of the U.S. Court of Appeals for the 6th Circuit raised these questions during Nov. 26 arguments in one of two high-stakes lawsuits in federal appeals courts that could create new limits on EPA's NSR enforcement. NSR requires existing facilities undergoing "major modifications" that increase emissions to upgrade with strict pollution controls, and was designed as a way to allow older plants to modernize at a rational pace.