Great Basin Mine v. Epa

Background

[1] The Clean Air Act includes a program for the preven- tion of significant deterioration of air quality (“PSD” pro- gram), which applies to areas that are actually or potentially low in air pollution. Several of the program’s restrictions on emissions are triggered when a major stationary source (i.e., a major pollution emitter) submits an application for a permit for new construction or major modification within the area under the appropriate regulations. 40 C.F.R. § 52.21(b) (14)(ii). A central issue in the present appeal is whether the PSD restrictions were triggered, or must be deemed triggered, in area 61 by the actions of the Barrick Mine. Great Basin contends that the PSD restrictions were triggered, and that as a consequence EPA’s decision to allow division of area 61 was impermissible. We agree with the EPA, however, that the restrictions were not triggered, and that division of area 61 was not arbitrary, capricious, or contrary to law. Before we explain our reasons, we think it best to describe briefly the relevant framework of the Act.

1. The Clean Air Act’s PSD Program

[2] The Clean Air Act regulates air pollutants such as par- ticulate matter, sulfur…