Preventing Significant Deterioration Under the Clean Air Act: Baselines, Increments, and Ceilings--Part II
Editors' Summary: The CAA's PSD program is extraordinarily complex. This Article, written in two parts, focuses on the root of the PSD implementation process--baselines, increments, and ceilings. After exploring the essential features of baselines, increments, and ceilings, Prof. John-Mark Stensvaag delves into to the complications that clutter up the theoretical simplicity of these features--complications flowing from statutory drafting, regulatory drafting, and interpretative choices made during the first 30 years of the program. Part I of this Article, which appeared in the December 2005 issue of News & Analysis, focused on baseline dates and baseline areas. In Part II, the author examines baseline concentrations, ceilings, and increment consumption. His analysis reveals two overarching themes about the program: (1) the PSD increment program is implemented to maximize industrial growth; and (2) implementation is tailored to avoid the establishment of baseline ambient air concentration values, to avoid the specification of ambient air quality ceilings, and to avoid the use of ambient air quality monitoring to determine compliance with the increment system.