Skip to content

Environmental Appeals Board Weighs Challenge to Power Plant’s PSD Permit for EPA’s Dismissal of Battery Storage as BACT for Peak Demand Periods

On May 29, 2018, nongovernmental organizations (“NGOs”), including the Sierra Club, petitioned the U.S. Environmental Protection Agency (“EPA”) Environmental Appeals Board, challenging the federal Clean Air Act Prevention of Significant Deterioration permit issued by EPA Region 9 for the Palmdale Energy Project in California. The permit authorizes the facility to construct duct burners to produce additional electricity during peak demand periods, among other things. The NGOs challenging the permit argue that EPA Region 9 should have incorporated battery storage capacity as Best Achievable Control Technology for peak demand periods instead of the duct burners. For more detailed information regarding this matter, please refer to this blog post on the Vinson & Elkins’ Climate Change Blog.

This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.