For Municipality-Operated Coal-Fired Plants, What Does EPA's Kinder and Gentler Approach on New Source Review Portend?

The Environmental Protection Agency has adopted a “kinder and gentler” approach to its monitoring of municipalities for compliance of their coal-fired facilities with the Clean Air Act's provisions pertaining to prevention of significant deterioration and new source review. This informal approach may be a good idea, but it remains to be seen how “flexible” EPA is willing to be in terms of resolving past violations and agreeing to future generation plans.