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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

Please see www.epa.gov/nsr for the latest information on EPA's New Source Review program.

March 29, 1988 Opinion in U.S. v. Louisiana-Pacific Corporation, Civil Action No. 86-A-1880 (D. Colorado, March 22, 1988) 2.28

In this, the first enforcement case to go to trial for PSD violations exclusively, the court found that EPA had not met its burden of proving that the Olathe plant of Louisiana-Pacific Co. (LPC) was subject to PSD requirements, but held that LPC had violated PSD requirements at the Kremmling plant. Even though LPC had not received economic benefit from its violation, the court assessed a civil penalty of $65,000 to avoid giving "sanction to a willful disregard of the PSD regulatory framework..." The court decision discusses proper implementing of the 30-day notice provisions of 42 USC .7413 and contains a thorough analysis of the term "potential-to-emit."

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