In an August 1, 2016 letter to the Commodity Futures Trading Commission (CFTC) and the Environmental Protection Agency (EPA), the Renewable Fuels Association (RFA) called for an...04 August 2016
EPA Response to Sixth Circuit Denial of Petition to Rehear Earlier Rejection of CAA Aggregation Policy Creates Geographic Confusion
In the Sixth Circuit case, Summit had contested EPA’s long-standing interpretation of the term “adjacent” in its air permitting regulations, under which EPA concluded that Summit’s natural gas processing plant and one hundred related gas wells situated over forty-three square miles constituted a single, major source requiring a Title V operating permit. EPA concluded that though the facilities were physically independent, they were “truly interrelated,” and thus “adjacent” under the CAA. As described in a previous post, the Sixth Circuit disagreed with EPA and held:
“that the physical requirement of adjacency can be established through mere functional relatedness is unreasonable and contrary to the plain meaning of the term ‘adjacent’.”
The Sixth Circuit vacated EPA’s permitting determination and remanded the case for reassessment by EPA.
EPA’s Memorandum specifies that in areas within the Sixth Circuit’s jurisdiction (Michigan, Ohio, Tennessee and Kentucky), the Agency may no longer consider interrelatedness in determining adjacency when making Title V or NSR permitting decisions, in accordance with the Summit decision. According to the Memorandum, however, outside of the Sixth Circuit jurisdiction, “EPA does not intend to change its longstanding practice of considering interrelatedness” to determine adjacency in Title V or NSR permitting decisions. At this early stage in the lawsuit, the bases on which NEDA/CAP will challenge the Memorandum are unclear. The implications for EPA are particularly significant because the aggregation of emissions from multiple related sources triggers rigorous air permitting requirements for major sources under the CAA.
Western Governors’ Association Urges Expanded Role for States in Administration of the Endangered Species Act
At the conclusion of its annual meeting earlier this month, the Western Governors’ Association adopted a broad policy resolution (2016-08) with specific recommendations for reform of the...11 July 2016
On 13 April 2016, the European Commission published an interim report in its sector inquiry on electricity capacity mechanisms it had launched in April 2015, its first-ever sector inquiry...21 April 2016