Environment & Energy Report

New Air Guidelines Won’t Apply to Past Decisions, EPA Says (1)

Feb. 19, 2020, 7:16 PMUpdated: Feb. 19, 2020, 8:30 PM

The EPA won’t retroactively apply revised guidelines on Clean Air Act permits for upgrades and expansion where federal and state permit writers already have issued New Source Review decisions, the agency said in a letter.

The government’s stance came in a Feb. 12 response directed to Eastman Chemical Co., which wanted the Environmental Protection Agency to reconsider a decision to group three companies located in Courtland, Va., as a single major source of pollution. Such letters often serve as guidance for other permitting cases.

At least one Clean Air Act lawyer said the guidance applies to all companies that might...

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