‘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 […]