US appeals court upholds decision rejecting EPA 'Clean Unit' rule

Washington (Platts)--12Dec2005

A US appeals court has upheld its decision against the US
Environmental Protection Agency's "Clean Unit" rule and how the rule would
have measured electric power plant emissions to determine a violation of the
Clean Air Act's New Source Review requirements.

     The Friday order from the US Court of Appeals for the District of
Columbia Circuit denied petitions from EPA and the Utility Air Regulatory
Group to rehear the court's June decision vacating the agency's "Clean Unit"
proposal as a part of its revisions to NSR requirements. 

     In that ruling, the court found that "the plain language" of the Clean
Air Act "indicates that Congress intended to apply NSR to changes that
increase actual emissions instead of potential or allowable emissions, we hold
that EPA lacks authority to promulgate the Clean Unit provision."

     Under the "Clean Unit" proposal, a coal-fired unit could undergo
modifications to boost its capacity and increase its actual net emissions,
while avoiding NSR requirements if it had installed state-of-the-art pollution
control technology in the last 10 years.

     Electric utility industry officials were unavailable to comment, but
environmental groups Monday said they were pleased with the decision that
upheld their objections to the EPA's 2002 "clean unit" rule that they argued
was outside the law.

     "We are happy the court refused to reconsider the earlier decision," said
Frank O'Donnell, president of Clean Air Watch. "It will be curious to see if
either the power companies or the EPA seek a Supreme Court review."

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http://electricpowerdaily.platts.com.

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