Air quality permit complies with the federal Clean Air Act and Georgia Air Quality Act.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1342676 , Decision Date: 2013-07-29 
Attachment: Click here to download the decision. 

The Environmental Protection Division (EPD) of the Georgia Department of Natural Resources correctly granted Green Energy Partners an air quality permit that authorizes it to build an 11.5 Megawatt biomass fuel electric generating facility. Citizens for a Healthy and Safe Environment challenged the issuance on four grounds addressable in an administrative proceeding. Summary determination was granted on each of these four grounds.  First, the permit’s conditions ensure only minor emissions and are practically enforceable.  Second, the permit requires reporting if emissions exceed set limits and includes methods of verifying compliance.  Third, fugitive emissions are not quantifiable and need not be counted.  Fourth, the Director of the EPD need not impose more stringent emission limits than the Georgia Air Quality Act and regulations require.   Several remaining claims were dismissed for lack of jurisdiction.