Air Outlook Murky Following Alabama Judge’s Decision
At issue is the point at which powerplant maintenance constitutes upgrades that trigger the need for new source review permits. The case involves a coal-fired powerplant owned by Alabama Power, which the Environmental Protection Agency claimed violated the Clean Air Act by upgrading the plant without obtaining NSR permits. Judge Virginia Hopkins, in U.S. District Court for the Northern District of Alabama, on June 3 sent EPA and Alabama Power to mediation to resolve the particulars of the case.
Ruling on the correct legal tests to determine if the law was violated, Hopkins said that maximum hourly emissionsnot just annual actual emissionsmust increase before the new source performance standard is triggered.