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http://ssrn.com/abstract=1966663
 
 

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Preventing Significant Deterioration Under the Clean Air Act: The BACT Determination - Part I


John-Mark Stensvaag


University of Iowa - College of Law

November 30, 2011

Environmental Law Reporter, Vol. 41, p. 11101, 2011
U Iowa Legal Studies Research Paper 11-37

Abstract:     
This Article is the sixth in a series on the Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) program. The first five Articles, which appeared in the December 2005, January 2006, January 2008, January 2011, and October 2011 issues of the Environmental Law Reporter, focused on baselines, increments and ceilings, on the permit triggers for new facilities, on area classification and redesignation, and on the requirement that major emitting facilities comply with Best Available Control Technology (BACT) standards for each pollutant subject to regulation under the CAA. This Article is the first of two exploring how permitting authorities must go about determining BACT on a case-by-case basis, subject to EPA review and approval. Step 1 of the EPA’s preferred “top-down” procedure for making these determinations presents difficult interpretive issues, particularly as the Agency struggles to clarify its policy against using BACT to redefine a PSD permit applicant’s facility.

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Date posted: December 1, 2011 ; Last revised: April 9, 2014

Suggested Citation

Stensvaag, John-Mark, Preventing Significant Deterioration Under the Clean Air Act: The BACT Determination - Part I (November 30, 2011). Environmental Law Reporter, Vol. 41, p. 11101, 2011; U Iowa Legal Studies Research Paper 11-37. Available at SSRN: http://ssrn.com/abstract=1966663

Contact Information

John-Mark Stensvaag (Contact Author)
University of Iowa - College of Law ( email )
Melrose and Byington
Iowa City, IA 52242
United States
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