Communities for a Better Environment v. Cenco Refining Co.
Opinion
Opinion
Matz, J.
ORDER DENYING CBE’S MOTION FOR SUMMARY ADJUDICATION AND PERMANENT INJUNCTION AND GRANTING CBE’S MOTION FOR PRELIMINARY INJUNCTION
TABLE OF CONTENTS
I. INTRODUCTION.1132
II. FACTS.1133
III. DISCUSSION.1137
A. Alleged Violations of the Clean Air Act .1137
1. The Mere Change of Ownership Did Not Void The Refinery’s Permit.... 1137
2. Alterations Made To Some Refinery Equipment, Standing Alone, Did Not Void The Refinery’s Permit.1139
a. Types of Alteration.1139
b. Increase in Emissions: The Proper Baseline.1140
c. Summary: Alterations .1141
3. The Six-Year Shutdown of the Facility, in Conjunction with Refinery Modifications, Triggers New Source Review Under the Clean Air Act.1142
a. CBE Has Made a Strong Showing That Rule 209 Voids Permits for Equipment That Has Been Permanently Shutdown.1142
b. CBE Has Made a Strong Showing That the Factors in EPA’s Reactivation Policy (Concerning the Application of NSR to Permanently Shutdown Facilities) May Be Taken into Account In Interpreting the Clean Air Act.1143
c. CBE Has Made a Strong Showing That the Refinery Was Permanently Shutdown Under Rule 209 .1144
i. Two Years or More of Non-operation.1144
ii. Reason for…