EPA SIDESTEPS EAB QUESTION OF CO2 THRESHOLD IN KEY PERMIT CHALLENGE

August 15, 2008
Region VIII in a just-filed brief with the agency's Environmental Appeals Board (EAB) says it does not have to consider whether carbon dioxide (CO2) emissions from facilities qualify as "major" sources requiring air permit limits because it claims CO2 is not regulated under the Clean Air Act in its response to a challenge of an air permit it issued to the Deseret power plant in Utah. The region filed an Aug. 8 brief in the challenge to its prevention of...


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