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Recent Determinations on Clean Air Act Source Aggregation and Other NSR/PSD Judicial Developments

On February 20, 2013,  at the Overland Park Convention Center, Mike Hockley made a presentation on two recent court decisions concerning PSD Source Determinations  at the 2013 AWMA Midwest Chapter Technical Conference.

Mr. Hockley discussed the impact of the holdings in the 6th Circuit Court of Appeals decision, Summit Oil v. EPA , and the DC Circuit Court of Appeals decision, Sierra Club v. EPA.  The court in Summit Oil overturned an EPA determination that a group of gas wells spread out over 42 square miles that are connected by underground piping to a gas processing plant should be aggregated as a single source for purposes of determining whether the plant is a major source for PSD permitting purposes.  The court in Sierra Club v. EPA vacated and remanded for reconsideration a regulation establishing Significant Impact Levels (SILs) and Significant Monitoring Concentrations (SMCs) for small Particulate Matter (PM).  SILs and SMCs  are screening tools for PSD permits that could be used to exempt new or modified sources from certain pre-construction modeling and monitoring requirements under the PSD program.

Mr. Hockley routinely assists and counsels clients relating to environmental permitting, including Clean Air Act PSD permits and RCRA subtitle D solid waste permits. A link to Mr. Hockley’s presentation is shown below.