Law360, New York ( March 21, 2014, 2:34 PM EDT) -- On March 14, 2014, the U.S. Environmental Protection Agency's Environmental Appeals Board (EAB) denied Sierra Club's petition to review the greenhouse gas prevention of significant deterioration (PSD) permit issued to La Paloma Energy Center LLC for the construction and operation of a combined-cycle natural gas-fired power plant in Texas. The EAB decision significantly defines the contours of the adequacy of a GHG Best Available Control Technology (BACT) determination for a gas-fired plant. Importantly, the decision confirms that marginal differences in efficiency among gas turbines under consideration for a project do not necessarily require selection of the highest efficiency turbine to meet BACT for GHGs....
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