(United States Ninth Circuit) - In petitions for review brought by tribal conservation organizations and nonprofit environmental organizations challenging the EPA's source-specific federal implementation way (FIP) under the Clean Air Act for the Navajo Generating Station,a coal-fired power plant on the Navajo Nation Reservation in Arizona, the petitions are denied where: 1) the federal government's partial ownership of the station did not eliminate any deference to the EPA's interpretation of the Clean Air Act and its implementing regulations; 2) the FIP was not subject to the Clean Air Act's five-year deadline to implement best available retrofit technology (BART) because the FIP promulgated a 'better than BART' alternative -- not BART; and 3) it was reasonable for the EPA to give the Station an emission credit when evaluating whether the BART alternative 'results in greater emission reductions, and ' 40 C.
F.
R. section 51.308(e)(3),than BART.
Source: findlaw.com