• Federal Court Finds That Projects Were 'Routine Maintenance' Under The Clean Air Act
  • May 25, 2010 | Authors: Karim A. Abdulla; Frank V. Bifera; Richard R. Capozza; Thomas A. Carnrike; Jeffrey W. Davis
  • Law Firms: Hiscock & Barclay, LLP - Buffalo Office ; Hiscock & Barclay, LLP - Albany Office ; Hiscock & Barclay, LLP - Syracuse Office
  • On March 31, 2010, the United States District Court for the Eastern District of Tennessee issued a memorandum opinion on the issue of whether two projects at a coal-fired electric generating facility owned by the Tennessee Valley Authority (“TVA”) constituted “routine maintenance, repair and replacement” RMRR”) under the Clean Air Act (“CAA”) and, therefore, were exempted from the requirements of New Source Review (“NSR”). In the case, Plaintiffs asserted that two 1988 projects constituted “major modifications” of TVA’s Bull Run facility and, therefore, TVA was required to get a Prevention of Significant Deterioration (“PSD”) preconstruction permit under the NSR program. TVA contended that no physical change occurred at Bull Run because the projects constituted RMRR and, therefore, were not subject to NSR. Importantly, as discussed below, the court found that because the projects are routine in the industry the requirements of NSR were not triggered.