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In re Footprint Power Salem Harbor Development

09/02/2014
Case Number:PSD Appeal No. 14-02
ELR Citation:47 ELR 41379

Four individuals (“Petitioners”) jointly filed a petition seeking review of a Clean Air Act Prevention of Significant Deterioration (“PSD”) permit (“Permit”) that the Massachusetts Department of Environmental Protection (“MassDEP”) issued to Footprint Power Salem Harbor Development, LP (“Footprint”). The permit authorizes Footprint to construct and operate a combined cycle electric generating facility in Salem, Massachusetts.

Petitioners challenge several conditions of the Permit, including MassDEP’s best available control technology (“BACT”) analysis, air quality analysis, and decision not to reopen the public comment period.

Held: The Environmental Appeals Board (“Board”) denies the petition for review of MassDEP’s final permit decision in all respects.