Description: Challenge to PSD permit issued by EPA Region 2 for resource recovery facility.
Sierra Club de Puerto Rico v. EPA
Filing Date Type File Action Taken Summary 03/14/2016 Opinion Download Opinion issued dismissing petition for review. The D.C. Circuit Court of Appeals dismissed the petition for review. The issue of the permit's controls for greenhouse gas emissions was not before the court. 07/17/2014 Petition for Review Download Petition for review filed. Environmental groups filed a petition for review in the D.C. Circuit Court of Appeals seeking review of the permit.
In re Energy Answers Arecibo LLC
Filing Date Type File Action Taken Summary 03/25/2014 Order Download Order issued remanding in part and denying review in part. In response to EPA Region 2’s Motion for Limited Voluntary Remand, the Environmental Appeals Board (EAB) remanded a Clean Air Act Prevention of Significant Deterioration (PSD) permit issued for a resource recovery facility in Puerto Rico. The EAB indicated that Region 2 should incorporate regulation of biogenic greenhouse gas emissions in the permit in a manner consistent with the revisions proposed in Region 2’s motion. Region 2 had issued the permit prior to the D.C. Circuit’s decision in Center for Biological Diversity v. EPA, No. 11-1101 (July 12, 2013), which vacated EPA’s rule deferring regulation of biogenic greenhouse gases under the PSD program. The EAB concluded that the amendments to the permit would not result in any change to the control technology or the total carbon dioxide emissions. The EAB also concluded that the permit need not be reopened for public comment on remand, noting, among other factors, that EPA Region 2 already had taken biogenic carbon dioxide emissions into account in its best available control technology analysis.