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ARTICLE · 10 APRIL 2013

The Actual To Projected Future Actual Test: When Does EPA Get To Review Generators' Projections?

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In United States v. DTE Energy Company, the 6th Circuit Court of Appeals revived EPA's enforcement action against DTE energy for alleged NSR violations at DTE's Monroe Power Plant.

United StatesEnvironment
Seth Jaffe
Seth Jaffe
Amy Boyd
Amy Boyd
Kathleen Brill
Kathleen Brill
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On Thursday, in United States v. DTE Energy Company, the 6th Circuit Court of Appeals revived EPA's enforcement action against DTE energy for alleged NSR violations at DTE's Monroe Power Plant.  As the dissent notes, it may be a hollow victory. 

The facts trace a familiar NSR enforcement case trajectory.  In 2010, DTE commenced a $65 million maintenance project at Monroe, involving tubing, the economizer, and reheater piping, among other elements of plant equipment.  Under EPA's NSR regulations, DTE had determined, once demand growth was excluded, that there was "no reasonable possibility that the project will result in a significant emissions increase."  Thus, the project could proceed without preconstruction review under NSR.

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