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Preventing Significant Deterioration Under the Clean Air Act: New Facility Permit Triggers

January 2008

Citation: 38 ELR 10003

Issue: 1

Author: John-Mark Stensvaag

Editors' Summary: The CAA's PSD program is extraordinarily complex. This Article is the third in a series on preventing significant deterioration under the CAA. The first two Articles, which appeared in the December 2005 and January 2006 issues of News & Analysis, focused on baselines, increments, and ceilings. In this Article, Prof. John-Mark Stensvaag turns his focus to the circumstances under which a new stationary source must obtain a PSD permit. After explaining the benefits of avoiding a PSD permit requirement, he explores the statutory and regulatory language relevant to construction of a new major emitting facility.

John-Mark Stensvaag is Charlotte and Frederick Hubbell Professor of Environmental and Natural Resources Law at the University of Iowa College of Law.

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