Bubble concept: a pragmatic approach to regulation under the Clean Air Act
The bubble concept treats a polluting facility as if it were surrounded by a plastic bubble with only one outlet for total emissions rather than limiting the emissions from individual outlets. This article first reviews the 1970 and 1977 Clean Air Act amendments as they deal with Prevention of Significant Deterioration (PAS) in clean areas and the Emission Offset Policy for nonattainment areas. It then traces the evolving policy rulings and the pros and cons of the bubble and offset approaches. It favors accelerated economic incentives to control pollution over government controls. The bubble is compatible with efforts to streamline and reduce the costs of air pollution control because it could eliminate the need for permits and state amendments in the case of PSD and could allow firms to decide how to spread allocated reductions in the nonattainment areas. In the case of New Source Performance Standards (NSPS), the ASARCO decision that a bubble cannot be placed over an entire plant should be reversed. These recommendations broaden what the Environmental Protection Agency and courts have so far followed. 298 references. (DCK)
- OSTI ID:
- 5548590
- Journal Information:
- Va. J. Nat. Resour. Law; (United States), Vol. 1:2
- Country of Publication:
- United States
- Language:
- English
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