The recent decision by the 8th Circuit that the Coyote Creek Mining Company 
did not require a major source permit under the Clean Air Act is both fascinating and important. The question on the merits was whether CCMC had to include its fugitive emissions in determining its potential to emit. Such emissions are normally excluded, but are included if they are part of a “coal processing plant.”
The Court concluded that the regulations are ambiguous and that EPA guidance did not resolve the issue. … More