EPA Can Review Emissions Projections For New Source Permitting, Court Rules

摘要

The Environmental Protection Agency has authority under the Clean Air Act to review projections of future emissions resulting from a facility modification and need not wait for data from the completed project, a federal appeals court ruled March 28 (United States v. DTE Energy Co., 6th Cir., No. 11-002328,3/28/13). In a 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit reversed a district court order and sided with EPA in a challenge to a DTE Energy Corp. facility modification. EPA was conducting a review of whether the company must obtain a permit under the new source review program before renovating electric utility steam generating units at its plant in Monroe, Mich.