Client Alert Newsletter

PADEP Extends CAIR Permit Deadline for Electric Utilities

In May 2005, the U.S. Environmental Protection Agency ("EPA") published the federal Clean Air Interstate Rule ("Federal CAIR"), which requires 28 states, including Pennsylvania, and the District of Columbia to submit revised state implementation plans ("SIPs") with control measures to reduce emissions of nitrogen oxides ("NOx") and/or sulfur dioxide ("SO2") from certain electric generating units ("EGUs") of 25 MW or greater. The Federal CAIR seeks to curb NOx and SO2 emissions that contribute significantly to nonattainment of the National Ambient Air Quality Standards ("NAAQS") for fine particulates ("PM2.5") and 8-hour ozone in downwind areas.

Under the Federal CAIR, CAIR-affected sources required to have a Title V operating permit must submit a CAIR permit application for each EGU at least 18 months before the later of January 1, 2009, or the date on which the EGU commences commercial operation, unless the permitting authority extends the deadline. In accordance with 40 C.F.R. § 97.121, the Pennsylvania Department of Environmental Protection ("PADEP") has extended the deadline to submit CAIR permit applications from July 1, 2007, to January 1, 2008. PADEP may also request supplemental information as part of the CAIR permit application after Pennsylvania's CAIR rule, proposed on April 28, is finalized.