S.J. Quinney College of Law Professor Arnold Reitze published an editorial in the January 14, 2016 edition of The Salt Lake Tribune titled, “Current law discourages thorough vetting of proposed coal-to-liquid plant.”
“The CAA places the major responsibility for regulating stationary sources on state government, with the most stringent rules imposed on major sources. However, the federal definition of major source that is also used by Utah makes it possible to avoid the regulations for sources that the ordinary person would consider major. Major sources are those that emit 100 tons or more per year of any air pollutant. However, some industrial categories in areas that meet atmospheric air quality standards have a 250 tons per year threshold, and sources in areas that fail to meet the air quality standards may have a threshold less than 100 tons. Revolution Fuels proposes to emit 156.4 tons per year of conventional pollutants. But, because the source does not exceed 100 tons for any one pollutant, it is considered minor. Because it is minor, its emissions of 300,000 tons of carbon dioxide a year will go unregulated.”