Authors

Paul Wierenga

Document Type

Article

Publication Date

7-2013

Keywords

power plants, emissions, air quality

Abstract

The volume of NOX andSO2 emissions each year from unregulated, grandfathered power plants demonstrates that the goal of the CAA's PSD program, to ensure that air quality standards under NAAQS do not in effect become a ceiling, has achieved only limited success. One significant challenge under the PSD program is the difficulty associated with identifying major emitting facilities that have made major modiciations. This repeatedly results in statute-of-limitations problems for enforcement efforts. To resolve this enforcement difficulty, reviewing courts have split into two competing interpretations of the statutory and regulatory requirements of the PSD program. The proper interpretation of the CAA and the EPA's regulations demands that PSD requirements be interpreted to impose ongoing operational obligations.

Disciplines

Environmental Law

Recommended Citation

43 Environmental Law Reporter 10607 (2013).

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