Low-Profile EPA Air Quality Shift Could Mean Big Changes

Law360 (May 11, 2018, 10:06 PM EDT) -- The U.S. Environmental Protection Agency recently revealed a significant change in how it assesses air pollution from closely linked facilities in an unpublicized letter to Pennsylvania environmental regulators, and experts say it will result in an easier permitting process for some projects.

In the April 30 letter to the Keystone State's Department of Environmental Protection, the EPA expressed new thinking about "source aggregation," or when more than one emitting facility — possibly owned by different entities — should be treated as one for the purposes of quantifying the amount of pollution being emitted.

That determination can lead to two or more...

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