LAW
Healy Enviro Law Fall 2012.docx

Viii purpose of nsps it ensures a baselineminimum

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viii. Purpose of NSPS : it ensures a baseline/minimum level of control on emissions from new sources. d. Prevention of Significant Deterioration - PSD i. EPA was compelled to act by Sierra Club v. Ruckelshaus 1. Court said that the EPA must prevent deterioration in ACQR’s that have reached attainment. They cannot just pollute all the way to the NAAQS when they have better air quality. 13
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2. Holding was codified in 1977 amendments, which require New Source Review (NSR) to determine the applicability of PSD (and non-attainment) requirements. ii. PSD program is basically a new source permit requirement. 4 Components of PSD Program: 1. New Source Permit Requirement ( Scope of PSD ) a. Type of source : applicable to new (or modified) major existing facilities (which are defined as: source that emits 250 tons/yr of any [catch-all] regulated air pollutant OR source is one of 28 categories defined in statute and emits 100 tongs/yr or more of any regulated air pollutant. b. Location of source : source is located in an area that is attainment or unclassified for any criteria pollutant (without regard to whether source emits that pollutant or to which pollutant is emitted in triggering amount). i. ***Note – Every area is subject to PSD c. To obtain a new source permit, the applicant must demonstrate: i. That the emissions of the proposed construction or modification will not contribute to air pollution in excess of the “increment” and the NAAQS, AND ii. That the facility will comply with BACT 2. Limit on Emissions of Pollutants (assuming PSD new source permit requirement applies) a. Degree of Control : Best Available Control Technology (BACT) which is ≥ NSPS (approximately 20% more stringent) b. Method for defining limits : top down selection process. i. BACT is selected on case-by-case basis by the states (EPA just assists) 1. BACT is not categorical (like the NSPS, which is also set by the EPA) 2. EPA Review authority: EPA may review state BACT decision to ensure it is reasonable (authority comes from Alaska Dep’t of Environmental Conservation v. EPA ). ii. Top down approach – start w/ most stringent control. If it is not “achievable” due to tech considerations, energy, environmental or economic impacts, then move to next level of effectiveness. Go with it unless it’s not achievable. c. Pollutants subject to regulation by BACT standards: 14
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i. Criteria pollutants and designated pollutants emitted in “significant amounts,” as defined by regs. 3. Amount of Permitted Degradation a. Increment : the amount of deterioration toward the NAAQS authorized in the attainment area after PSD regs have been enacted. i. The increment is calculated by reference to baseline; and defined by statute (for SO2 and PM) or regulation. ii. The increment cannot allow you to violate the NAAQS, the NAAQS is the limit.
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  • Spring '18
  • Tragedy of the Commons, United States Environmental Protection Agency, CAIR

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