Healy Enviro Law Fall 2012.docx

B mact may be limited to major sources which are

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b. MACT may be limited to major sources, which are defined as source emitting 10tons/year or more of single air toxic OR 25 tons/yr or more of all air toxics being emitted. i. If MACT is applied to only major sources, EPA must impose generally available control tech (GACT) limits to smaller, area sources. 4. Phase II Limits a. 8 years after promulgation of MACT, EPA must decide whether more stringent standard is required to reduce residual risk to human health to ensure “an ample margin of safety.” Specific standard imposed for carcinogenic pollutants. b. Note - Phase I looks only at technology requirements, Phase II looks at health risks. 27
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iv. See CB p.533 for Comparison of Tech Based Standards in CAA 1. BAT (from §111 NSPS), MACT (NESHAPs), BACT (from PSD program), LAER (nonattainment). 28
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IV. Clean Water Act a. Quick facts: i. Pre 1970’s, we relied on the states and they did very little. ii. CWA passed in 1972 and overcame a Nixon veto. iii. Key CWA Requirement: any point source discharging pollutants into the waters of the US must have a permit ( Universal Requirement ). 1. Principle permit – National Pollution Discharge Elimination System Permit (NPDES) 2. States may be delegated authority to issues these permits: a. Most states, including KY, have this authority. 3. DuPont defined what is in these permits. iv. DuPont v. Train 1. Under original act, the EPA set the following compliance dates (idea was that everything would get cleaned up quickly): a. 1977 – Best Practicable Control Tech b. 1983 – BAT i. Categories of sources ii. Variance granted if costs >> benefits c. New Source Standards i. Categories of Sources ii. No Variances 2. The EPA defined the ’77 standards using categories of sources w/o express statutory authority and the DuPont court said this was ok, as well as the “no variances” for new sources. v. 1977 Amendments: 1. Retain BPT, but it only applies to conventional pollutants. 2. BAT applies to toxics and non-conventional pollutants. 3. BCT (added in 1977): enhanced control of conventional pollutants. Applicable only in very narrow circumstances a. Not a very important provision vi. Universal Permit Requirement : permits must have effluent limitations based on standards from categories of sources. b. CWA Effluent Limitations i. Categorical standards defined by EPA 1. Subcategories usually defined within categories of sources 2. These standards are the minimum level of control ii. Form of standard (for effluent limit): 1. Usually the amount of pollutant allowed per unit of production . 2. Strong presumption against concentration based limits, because dilution is NOT the solution. Don’t want treatment to be just adding more water. We want the pollutants removed. iii. Existing sources (regulated from the outset) 1. Quick Summary of CWA categorical standards for existing sources: 29
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a. BPT – conventional pollutants i. Average of the best ii. Baseline level of control b. BCT – enhanced level of control for conventional pollutants c. BAT - applies to toxic and non-conventional pollutants.
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  • Spring '18
  • Tragedy of the Commons, United States Environmental Protection Agency, CAIR

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