The recent decision in Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013) vacated all of EPA's rules on Significant Monitoring Concentrations ("SMCs"), as well as some (the Prevention of Significant Deterioration ("PSD") portion) of the Significant Impact Levels ("SILs") for Particulate Matter in air emissions measuring 2.5 micrometers in diameter or smaller ("PM2.5"). As a result permit applicants have fewer screening tools available when seeking exemption from analysis and monitoring requirements under the Clean Air Act ("Act").
A. Background for the Act, NAAQS ...