Tag: BACT

‘Demonstrated’ Argument as an Element of BACT Rejected by 5th Circuit

The 5th Circuit Court of Appeals rejected the Texas Commission on Environmental Quality’s (TCEQ) defense of “demonstrated” as an element of imposing best available control technology (BACT) in prevention of significant deterioration (PSD) permitting. CAA regulations The federal Clean Air Act (CAA) authorizes the EPA to establish nationwide air pollution standards, including standards for emissions […]

9th Circuit Upholds EPA’s Biomass PSD Permit

In a case that set several precedents, a panel of the U.S. Court of Appeals for the 9th Circuit denied an appeal from environmental groups seeking to have the court review a final decision by the EPA to grant a Prevention of Significant Deterioration (PSD) permit for a new biomass-burning power plant planned by Sierra […]