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In re Arizona Public Services Company

Case Number:PSD Appeal No. 16-01
ELR Citation:47 ELR 41394

Sierra Club petitions the Environmental Appeals Board to review a Clean Air Act prevention of significant deterioration permit that Maricopa County Air Quality Department issued to Arizona Public Service Company in March 2016. The permit authorizes Arizona Public Service to construct five new natural gas-fired combustion turbines at its Ocotillo Power Plant in Tempe, Arizona. Maricopa County issued the final permit pursuant to a delegation agreement between it and the United States Environmental Protection Agency Region 9. Sierra Club claims that Maricopa County clearly erred or abused its discretion in conducting its Best Available Control Technology (“BACT”) analysis for Ocotillo’s projected greenhouse gas emissions when it concluded that pairing energy storage with combustion turbines would “redefine the source.”

HELD: The Board denies the petition for review of Maricopa County’s final permit decision.