D.C. Circuit Affirms that EPA’s Clean Air Act Permitting Criteria Adjusted Pursuant to Court Jurisdictions Would Violate Requirement that Rules Are Uniform and Consistent

摘要

The United States Court of Appeals for the District of Columbia Circuit, in a decision issued 5/30/14, ruled that an Environmental Protection Agency (EPA) determination on pollution-emitting standards and permitting that varies by jurisdiction confers competitive advantage and is contrary to regulations that require EPA to maintain national uniformity in measures implementing the Clean Air Act (CAA). Under Title V of the CAA, every “major source” of pollution is required to obtain an operating permit for a fixed term. Title V operating permits impose emission limitations, standards, monitoring requirements, compliance schedules, and other conditions on covered sources of pollution. A source is considered “major” if it emits a certain amount of pollution. The Act also requires New Source Review (NSR) permits for a new or modified major source within an area not in attainment with National Ambient Air Quality Standards (NAAQS), if the source emits a certain amount of pollutants.