This is a pretty significant ruling. The Appeals Court holds that the Clean Air Act requires that Title V Operating permits must have monitoring requirements adequate to assure that emissions limits are enforceable. EPA was proposing a rule that said that, if the existing monitoring requirements were inadequate, states could not impose more stringent ones. The Court finds that EPA has an obligation to require enforceable permits, and that if EPA has not promulgated enforceable monitoring requirements by rule, states can do so (and may be required to do so by the Clean Air Act?) when issuing permits on a case-by-case basis.
Thanks Don!
JBK
DSGJr@aol.com 8/20/2008 9:21 AM >>>
____________________________________ From: Kjm2 To: DSGJr, SubraCom Sent: 8/20/2008 6:50:29 A.M. Mountain Daylight Time Subj: court decision on sierra club v EPA and API .... clean air
_http://pacer.cadc.uscourts.gov/common/opinions/200808/04-1243-1133914.pdf_ (http://pacer.cadc.uscourts.gov/common/opinions/200808/04-1243-1133914.pdf)
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James Kotcon