Jump to Navigation
Jump to Content

New source performance standards, §111

Offsets Under §111 of the Clean Air Act: The Inconvenient Need for Additionality and the Role of Super-Categories

On the assumption that a trading system can constitute a performance standard for GHGs under the CAA, the question arises whether “offsets” should be creditable for compliance. Crediting reduces compliance costs. For environmental...

Tradable Standards for Clean Air Act Carbon Policy

EPA is in the process of regulating U.S. greenhouse gas (GHG) emissions using its powers under the Clean Air Act. The likely next phase of this regulatory program is performance standards under §111 of the Act for coal plants and...

Regulating Greenhouse Gas Emissions From Existing Sources: Section 111(d) and State Equivalency

On December 9, 2011, the Nicholas Institute for Environmental Policy Solutions convened a broad range of stakeholders representing numerous viewpoints to explore  issues surrounding CAA §111(d), including options for states to...

Is the U.S. Environmental Protection Agency's Revised New Source Review Rule Moving in the Right Direction?: A Deepened New Source Bias, and the Need for Pursuing Sustainable Energy Development in Air Pollution Control Law

This Article analyzes the revised new source review (NSR) rule and argues that it violates the Clean Air Act's (CAA's or the Act's) clean air mandate by changing the preexisting definition of the statutory term "change" and by...

New Source Review: Should It Survive?

The Clean Air Act's (CAA's) new source review (NSR) program has not been effective. Some of the worst emitters of air pollutants today were among the worst polluters when control of new source emissions by the CAA began in 1970....

Let the People Speak: Notice-and-Comment Rulemaking (Lessons From the Controversial New Source Review Proposal of the Clean Air Act)

Sections 165 and 173 of the CAA specifically note that any change in pollution levels from an existing source triggers NSR and accompanying technological upgrades. Nothing in the rulemaking's proposed definition based on cost of changes...

A Tale of Two Theories: The Legal Basis for EPA's Proposed Revision to the Routine Maintenance, Repair, and Replacement Exception, and the Implications for Administrative Law

How many lawyers, regulators, engineers, and contractors does it take to change a light bulb? Lots, if you happen to be changing the light bulb at a "stationary source" of pollution, and the bulb change counts as a "modification" of the...

The Proposed WEPCo Rule: Making the Problem Fit the Solution

Editors' Summary: EPA's final decision on its proposed WEPCo rule, which addresses how new Clean Air Act provisions apply to electric utilities, is expected soon. This Article provides a glimpse into the regulatory machinery needed...