Jump to Navigation
Jump to Content

United States v. Alabama Power Co.

ELR Citation: 38 ELR 20193
Nos. No. 2:01-cv-00152, (N.D. Ala., 07/24/2008)

A district court held that the applicable legal test for the "routine maintenance, repair, and replacement" exclusions found in the Clean Air Act (CAA) should be applied to activities that are considered "routine in the industry" rather than "routine at the unit." In a CAA enforcement action filed against an Alabama power company, the U.S. Environmental Protection Agency (EPA) has the burden of proving that modifications to the company's existing, coal-fired, steam-driven electrical power-generating plants were a major modification. Assuming EPA carries its burden, the burden will shift to the company to prove that the work was exempt as routine maintenance, repair, and replacement in the industry.