The Dutra Project violates the federal Clean Air Act (“CAA”) because it fails to incorporate Best Available Control Technology (“BACT”) to reduce greenhouse gas emissions. Sections 165(a)(4) and 169(3) of the CAA require BACT to limit emissions of the greenhouse gas pollutant, carbon dioxide (“CO2”) for any project that will have a potential to emit more than 100 tons per year of CO2. The DEIR concludes that the Dutra Project will generate more than 8060 tons per year of CO2 (DEIR, p. V.B.-38) – which is 80 times higher than the 100 ton per year BACT threshold set by the Clean Air Act. Therefore, BACT is required. The DEIR is inadequate because it fails to disclose this requirement, and fails to propose implementation of BACT.
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