Description: Challenge to air permit granted for coal-fired generation facility in South Carolina, including on grounds that the permit failed to control carbon dioxide emissions.
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Environmental Defense Fund v. South Carolina Board of Health & Environmental Control
Case Documents:
Filing Date Type File Action Taken Summary 08/24/2009 Not Available Plans for coal-fired generating facility cancelled. The board of South Carolina's state-owned utility voted to cancel plans for the Pee Dee generating facility. 04/09/2009 Notice Download Notice of request for contested case hearing filed. Environmental Defense Fund and other environmental groups launched an administrative appeal seeking to block an air permit for a proposed coal-fired power plant near Kingsburg in Florence County, South Carolina (the Pee Dee Generating Station). The groups contended that the permit issued by the South Carolina Department of Health and Environmental Control (DHEC) violated the Clean Air Act and state law. Among the issues raised by the groups was whether the permit violated Clean Air Act provisions requiring control of carbon dioxide. The groups asserted that DHEC erred by failing to conduct a best available control technology (BACT) analysis and by failing to set a BACT emissions limit or any design, equipment, work practice, or operational standard for carbon dioxide. They also contended that the failure to consider carbon dioxide in the BACT collateral impacts and alternatives analysis violated the Clean Air Act.