Abstract

http://ssrn.com/abstract=876971
 
 

Footnotes (205)



 


 



Preventing Significant Deterioration Under the Clean Air Act: Baselines, Increments, and Ceilings - Part II


John-Mark Stensvaag


University of Iowa - College of Law


Environmental Law Reporter, Vol. 36, p. 10017, 2006
U Iowa Legal Studies Research Paper No. 05-35

Abstract:     
The Clean Air Act's Prevention of Significant Deterioration (PSD) program is extraordinarily complex. This Article, written in two parts, explores how the core features of the PSD program - baselines, increments, and ceilings - have been implemented during the past thirty years. The Article suggests that today's real-world PSD program bears little resemblance to the structure initially invented by the Environmental Protection Agency (EPA) and codified by Congress. Part I examines the random, chaotic nature of the baseline date and baseline area creation processes, the susceptibility of these processes to manipulation, and the EPA's acquiescence in such manipulation. Part II examines the EPA's abandonment of the statutorily mandated baseline concentrations and ceilings, and the agency's invention of an increment consumption calculation methodology worthy of a Rube Goldberg cartoon. Part II closes with the author's call for a renewed commitment to meaningful PSD baselines and ceilings.

Number of Pages in PDF File: 31

Keywords: Clean Air Act, Environmental Law, Prevention of Significant Deterioration

JEL Classification: K32

Accepted Paper Series





Download This Paper

Date posted: January 20, 2006  

Suggested Citation

Stensvaag, John-Mark, Preventing Significant Deterioration Under the Clean Air Act: Baselines, Increments, and Ceilings - Part II. Environmental Law Reporter, Vol. 36, p. 10017, 2006; U Iowa Legal Studies Research Paper No. 05-35. Available at SSRN: http://ssrn.com/abstract=876971

Contact Information

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


Paper statistics
Abstract Views: 916
Downloads: 91
Download Rank: 170,081
Footnotes:  205

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.453 seconds