PADEP Extends CAIR Permit Deadline for Electric Utilities

August 16, 2007
Client Alert Newsletter August 2007

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.