Description: Challenge to prevention of significant deterioration permit for construction of new 1,500-megawatt coal-fired electric generating facility in New Mexico.
In re Desert Rock Energy Co.
Filing Date Type File Action Taken Summary 09/24/2009 Order Download Remand order issued. The Environmental Appeals Board granted Region 9's motion for voluntary remand of the permit and also concluded that the permit should be remanded because Region 9 abused its discretion in refusing to consider integrated gasification combined cycle as a potential control technology. 04/27/2009 Motion Download Motion for voluntary remand filed by EPA Region 9. 01/22/2009 Order Download Order issued granting review, staying the carbon dioxide BACT issue, and granting motions to file amicus/nonparty briefs and motions to file reply briefs. The Environmental Appeals Board (EAB) stayed consideration or briefing on the issue of whether the permit was required to include limitations on carbon dioxide emissions. The EAB noted that Region 9 of the Environmental Protection Agency had withdraw the portion of its response to comments document that addressed Region 9's rationale fro not including best available control technology limitations on carbon dioxide emissions. The EAB concluded that a determination on the issue should not be made until Region 9 reached a final determination. 10/02/2008 Brief Download Supplemental brief filed by environmental group petitioners. 10/02/2008 Petition for Review Download Petition for review and supplemental brief filed by New Mexico. 08/14/2008 Petition for Review Download Petition for review filed by New Mexico. 08/13/2008 Petition for Review Download Petition for review filed by environmental group petitioners.