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Fact Sheet: Power Plants Formally Under Investigation by EPA
by EPA
Jan 30, 2004

Click here to download file. (pdf)

This document lists the 2002 emissions totals of those power plants that were under investigation by the U.S. Environmental Protection Agency for violation of Clean Air Act "New Source Review" requirements. These requirements prohibit plants from undertaking major modifications that increase emissions without first obtaining a permit and installing the best available pollution controls. In November of 2003, the Agency’s enforcement staff were told to "set aside" these investigations, following a decision several months earlier by the EPA to exempt most plant modifications from NSR rules.

But the next month, the DC Circuit Court of Appeals blocked the most significant new exemptions from taking effect, pending the court's decision on legal challenges from many states and public interest groups. It is not clear what has happened to these investigations in the meantime. EPA has issued notices of violation to several companies, but the Justice Department has filed only one new lawsuit (against Eastern Kentucky Power - check name) for an unpermitted modification that was so expansive, it would not have qualified for an exemption even under the much more relaxed standards before the D.C. Circuit for review.