EPA's Air Permitting Interpretation Increases Costs

As a result of a new U.S. Environmental Protection Agency (EPA) regulatory interpretation, obtaining air permits, integral to the construction and operation of biodiesel production facilities, has become more difficult and costlier. Brian Potts, an attorney in Foley’s Madison office and a member of the firm’s Environmental Regulation and Energy Regulation Practices, authored the article, “EPA’s Air Permitting Interpretation Increases Costs,” which was published in the August 2007 issue of Biodiesel magazine. Potts discusses the obstacles and costs associated with obtaining the air permit, often known as the “critical path permit,” without which the a company cannot even break ground.

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