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In re Northern Michigan University Ripley Heating Plant

U.S. EPA, PSD Appeal No. 08-02 (2009)

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In re Northern Michigan University Ripley Heating Plant

Environmental Appeals Board
U.S. EPA, PSD Appeal No. 08-02 (2009)

Facts

Northern Michigan University (NMU) obtained a prevention of significant deterioration (PSD) permit from the Michigan Department of Environmental Quality (MDEQ) to construct a new boiler on campus. The permit allowed the burning of coal with high sulfur content for 22 days or more per month, with wood being the primary fuel for the other seven days. The coal was to come from two suppliers. The suppliers of the wood were not named. In their analysis of the best available control technology (BACT)—a requirement designed to ensure the selection of the least environmentally harmful approach—NMU and the MDEQ cited limited storage space beyond what was set aside for the two coal suppliers. The BACT analysis also attempted to justify the preference of coal over wood by referring to seasonal disruptions in delivery. Although BACT criteria are typically based on the United States Environmental Protection Agency (EPA) New Source Review (NSR) manual, the MDEQ relied heavily on its own state manual, which actually discouraged use of the NSR manual. The Sierra Club challenged the soundness of the BACT analysis before the EPA’s Environmental Appeals Board.

Rule of Law

Issue

Holding and Reasoning (Sheehan, J.)

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