Healy Enviro Law Fall 2012.docx

B amount of applicable increment depends on the

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b. Amount of applicable increment depends on the categorization of area where the source is located: i. Class I – smallest increment –all major federal parks and wilderness areas must be included ii. Class II – all areas initially included in Class II – the increment is 25% of the NAAQS iii. Class III – largest increment; redesignation is allowed upon EPA approval (except for mandatory class I area). c. Baseline for determining permissible degradation: i. Baseline is defined as of the date of application of the first PSD new source permit. ii. Increment can be used by sources other than major emitting facilities. iii. Potential variance if no NAAQS violation and no visibility inputs (some Wiggle Room) 4. Visibility Requirements (see handout) a. Visibility review of new sources: i. Visibility impacts on Class I areas: new source permit may be denied even if no violation of increments. The effect is that limits on emissions affecting visibility may be subject to limits more stringent than BACT. 1. If there is an effect on Class I, you are in trouble. b. Limits on existing sources i. CAA requires that SIPs require within 5 years the installation of “best available retrofit tech” (BART) on any existing major stationary source that: 1. Was built after 1962, 2. Source’s emissions affect visibility in Class I areas, and 15
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3. BART accounts for the circumstances of the particular source. 5. PSD and Greenhouse Regulation a. See Coalition for Responsible Regulation case. b. Basically though, i. EPA makes finding that GHGs endanger public health, then makes Tailpipe Rule pursuant motor- vehicle standards. 1. This meant GHGs were regulated under CAA, which triggers the PSD requirement of “any air pollutant.” a. This potential GHG regulation has the potential to regulate millions of sources. This would be impossible to administer. 2. To curb the huge regulatory problem, EPA creates the Tailoring Rule . a. This applies to only the largest sources (which goes directly against the PSD statute. Clearly unlawful). ii. GHG Regulation impacts PSD area, but not as much as the statute calls for. Blatantly unlawful. e. Nonattainment Program (known as Part D, designed to improve air quality in nonattainment areas while allowing economic development to continue) i. Evolution of Law (focused on criteria pollutants) 1. 1970 Act a. Statute defined attainment dates i. 3 years after SIP approval for primary NAAQS ii. As soon as reasonable for secondary NAAQS b. State originally had discretion to define limits needed to attain NAAQS in SIPs. 2. 1977 Act a. ’70 Act wasn’t working; this Congress was more pragmatic, they extended attainment dates but tightened controls in nonattainment areas. b. Extended attainment dates to ’82 with allowed extensions to 1987. c. Added subpart D, which imposed new mandatory minimum requirements for sources in nonattainment areas.
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  • Spring '18
  • Tragedy of the Commons, United States Environmental Protection Agency, CAIR

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