Healy Enviro Law Fall 2012.docx

I included codification of epa offset policy 3 1990

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i. Included codification of EPA offset policy. 3. 1990 Act a. Extended dates (Again) to as long as 20 years, depending on degree of nonattainment problem. 16 I could see this as a potential essay question: the problems of illustrating GHGs through the CAA are illuminated by the Coalition for Responsible
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b. Made stringency of nonattainment dependent on degree of nonattainment problem . c. Required specific progress toward attainment d. Definition of major source was amended to provide for regulation of additional sources depending on degree of nonattainment. i. More stringent offsets ratio for worse nonattainment e. Imposed new minimum requirements for emissions from EXISTING sources in nonattainment (1 st regulation of existing sources in CAA): i. Stationary sources subject to reasonably available control technology (RACT). ii. Mobile sources subject to planning and SIP requirements, such as enhanced inspection and maintenance. 17
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ii. Current Nonattainment Program 1. Stationary Sources a. New (includes modified sources) i. New Source Permit Program : 1. Source has to be: a. Major – source emits > 100 tons/yr of any regulated air pollutant [**Note – doesn’t have to be the nonattainment pollutant that triggers major source designation] OR, after 1990 a lower amount of emissions of a specific nonattainment pollutant based on severity of nonattainment in area. 2. Scope of program changes on the degree of nonattainment problem. 2. Nonattainment focuses on the specific pollutants not in compliance a. Major new sources – New source permit requirement applies b. Requirements of New Source Permit Program (when applicable, 2 major requirements) i. Limit on emissions of nonattainment pollutant : 1. Lowest achievable emissions rule (LAER) – this is as strict as it gets. Hybrid standard that looks at a particular source and applies most stringent standard . 2. EPA plays clearinghouse role. ii. Offsets of new emissions of nonattainment pollutants as required for current emissions 1. States can be creative in implementing offsets a. Ex: Citizens Against the Refinery’s Case –VA proposed to offset pollution by reducing the amount of a type of asphalt. 2. 1990 Amendments tighten up offsets: a. Reductions must be below the reasonably availably control technology (RACT) level. i. RACT is the limit on existing source (looks at each source) emissions of nonattainment pollutants. 19 Stringency of standards: NSPS (baseline) ≤ BACT ≤ LAER
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b. Reductions must be from source(s) in area(s) that impacts nonattainment and that they have the same or worse nonattainment classification. i. Offsets cannot come from a worse nonattainment area . ii. Greater than 1:1 ratio for offsets depending on degree of nonattainment. 3. Additional requirements: a. Statewide compliance by source owner b. Adequate CAA implementation by state c. B/C analysis showing needed to locate in nonattainment area.
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  • Spring '18
  • Tragedy of the Commons, United States Environmental Protection Agency, CAIR

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