Plants Must Actually be "Adjacent" to Constitute a Single Source for Air Permitting Purposes

On August 7th, in Summit Petroleum Corp. v. EPA, a panel of the United States Court of Appeals for the Sixth Circuit vacated a decision by the U.S. Environmental Protection Agency (EPA) that Summit Petroleum’s natural gas operations plant and wells located in a 43-square mile area near the plant were “adjacent” for air permitting purposes.  The decision is important because neither the gas plant nor the wells alone would have sufficient potential emissions to be considered a major source subject to stringent air requirements, but the plant and wells together would have sufficient potential emissions so as to be considered a major stationary source. 

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