On Nov. 12, 2008, the Environmental Appeals Board (EAB) remanded a prevention of significant deterioration (PSD) permit issued last year back to EPA’s Region 8 to impose a best available control technology based (BACT) limit on the CO2 emissions. Region 8 had initially decided that it could not require facilities to invest in greenhouse gas-related BACT. Citing Massachusetts v. EPA, the Sierra Club challenged the permit asserting that CO2 is a pollutant subject to regulation, and the EAB agreed after considering the decision and the meaning of the phrase “subject to regulation.”

Download EAB order (PDF: 701KB).

Link to Chemical & Engineering News article.