The Ohio Coal Association, a steel trade group and steel producer have sued to block implementation of the federal tailoring rule for stationary source greenhouse gas (GHG) emissions.
The lawsuits were filed with the DC Circuit Court of Appeals on 29 June by the Ohio Coal Association, American Iron and Steel Institute and Gerdau Ameristeel. These have been consolidated into one case, together with a 3 June challenge filed by the Southeastern Legal Foundation on behalf of 14 Republican House members and several trucking and construction companies. Several environmental groups filed a petition on 2 July to intervene in the case on behalf of the Environmental Protection Agency (EPA). The deadline for all legal challenges to be filed with the DC Circuit is 2 August.
The petitions do not address the legal arguments to be raised at trial, but the groups are likely to question whether EPA has the legal authority to implement the tailoring rule, which seeks to get around the emissions thresholds written into the Clean Air Act for Prevention of Significant Deterioration (PSD) and Title V permit programs.
The law specifically sets the thresholds of 100 short tons/yr (90.7 metric tonnes/yr), or 250st/yr for conventional pollutants, but EPA has argued this would lead to absurd results for GHGs, giving the agency the discretion to set new triggers for GHG emissions.
The tailoring rule, finalized last month, sets GHG emissions thresholds sets thresholds of 75,000st/yr and 100,000st/yr for the permitting programs, to be phased in from January 2011. PSD permits for new sources or major modifications to existing ones must include best available control (BACT) technology. Title V permits apply to the ongoing operation of a facility. EPA has not yet issued its BACT guidance for PSD permits but is expected to do so later this year.
The lawsuits were filed with the DC Circuit Court of Appeals on 29 June by the Ohio Coal Association, American Iron and Steel Institute and Gerdau Ameristeel. These have been consolidated into one case, together with a 3 June challenge filed by the Southeastern Legal Foundation on behalf of 14 Republican House members and several trucking and construction companies. Several environmental groups filed a petition on 2 July to intervene in the case on behalf of the Environmental Protection Agency (EPA). The deadline for all legal challenges to be filed with the DC Circuit is 2 August.
The petitions do not address the legal arguments to be raised at trial, but the groups are likely to question whether EPA has the legal authority to implement the tailoring rule, which seeks to get around the emissions thresholds written into the Clean Air Act for Prevention of Significant Deterioration (PSD) and Title V permit programs.
The law specifically sets the thresholds of 100 short tons/yr (90.7 metric tonnes/yr), or 250st/yr for conventional pollutants, but EPA has argued this would lead to absurd results for GHGs, giving the agency the discretion to set new triggers for GHG emissions.
The tailoring rule, finalized last month, sets GHG emissions thresholds sets thresholds of 75,000st/yr and 100,000st/yr for the permitting programs, to be phased in from January 2011. PSD permits for new sources or major modifications to existing ones must include best available control (BACT) technology. Title V permits apply to the ongoing operation of a facility. EPA has not yet issued its BACT guidance for PSD permits but is expected to do so later this year.
