The Clean Air Council has announced the resolution of its challenge to the Pennsylvania Department of Environmental Protection’s (PA DEP’s) decision to treat a company’s refinery operations in Philadelphia and Marcus Hook, Pennsylvania, as a single source under the Clean Air Act.
PA DEP had concluded that the operations constituted a single source, which allowed their owner to credit emission reductions from shutting down operations at Marcus Hook against potential increases at Philadelphia for purposes of assessing net emissions increases. The Clean Air Council challenged the determination, and the operator agreed to install additional emissions controls at the Philadelphia refinery. PA DEP also issued a letter explaining its case-by-case approach for determining whether operations are “adjacent” and can be considered a single source. See Clean Air Council Press Release, April 22, 2013.