ELR Citation: 43 ELR 20223
No(s). 105,493 (Kan. Oct 4, 2013)

The Supreme Court of Kansas reversed and remanded the Kansas Department of Health and Environment's decision to issue a prevention of significant deterioration (PSD) permit to a power company to construct an 895-megawatt coal-fired power plant. An environmental group filed suit against the state agency, arguing that the permit violated the CAA and the Kansas Air Quality Act (KAQA). The court agreed. The group established that the state agency erroneously interpreted and applied the CAA and the KAQA when it failed to apply EPA regulations concerning one-hour emission limits for nitrogen dioxide and sulfur dioxide during the permitting process. Because these regulations became effective before the permit was issued, the CAA, the KAQA, and implementing regulations required the state agency to apply those regulations during the permitting process. The court, therefore, reversed and remanded the agency's action of issuing the permit. The group also argued that the state agency erred in its application of hazardous air pollution emission requirements, but this issue was rendered moot by the court's decision to remand the PSD permit. The court also rejected the group's claim that the agency erred in its analysis of the best available control technology and that the procedure followed by the agency violated the CAA.