EAB Upholds GHG Permit Lacking CCS

From: Inside EPA/The Inside Story

EPA’s Environmental Appeals Board (EAB) has declined to review Sierra Club’s challenge of a permit issued by Region VI that the group said the agency rejected without adequate review whether to require carbon capture and sequestration (CCS) technology in the greenhouse gas (GHG) portion of the permit.

The board in its May 14 order in In Re: ExxonMobil Chemical Company Baytown Olefins Plant concluded that the agency “did not clearly err or abuse its discretion by eliminating CCS at step 4 of its [best available control technology (BACT)] analysis on the basis of consideration of several economic and environmental impacts, including the total cost of the control technology.”

The challenge came as EPA is formally proposing to require all new coal-fired power plants to install CCS under its pending climate new source performance standards (NSPS) — a mandate that is the focus of extensive criticism.

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