EPA is asking the full U.S. Court of Appeals for the 7th Circuit to rehear a three-judge panel ruling unanimously finding that the agency's Clean Air Act new source review (NSR) permit enforcement program is subject to the five-year statute of limitations - a ruling seen as significantly curtailing EPA's longstanding NSR enforcement initiative. The Department of Justice (DOJ) in a Sept. 3 filing on EPA's behalf calls the panel's July 8 ruling a "flawed interpretation" of the air law's prevention of significant deterioration (PSD) and NSR permit program. DOJ warns if the ruling is allowed to stand it could allow plants that violated NSR to escape suits that could force them to install pollution controls. Relevant documents are available on InsideEPA.com. See page 2 for details. (Doc ID: 2445734) The three judges in the 7th Circuit case United States of America, et al. v. Midwest Generation, et al., ruled that EPA's power to enforce NSR/PSD is limited to five years after an alleged violation occurred, rejecting EPA's claim that NSR/PSD obligations should be treated as ongoing. The permitting program requires existing sources that undertake major modifications that boost emissions to install modern pollution controls.
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