JUDGES REJECT ACTIVISTS' EFFORT TO BROADEN SCOPE OF BUSH NSR REFORM

In one of the first legal decisions on the issue, EPA's Environmental Appeals Board (EAB) has rebuffed an environmental group's effort to seek upgraded pollution controls at a power plant using a revised definition of what constitutes an "emissions unit" under the Bush administration's 2002 new source review (NSR) reforms. The board's Aug. 3 decision in In re: Rochester Public Utilities is one of the first interpreting the new definition of what constitutes an "emissions unit" subject to NSR, which...