Will judicial error allow industrial point sources to avoid BPT snd perhaps BAT later. A story of good intentions, bad dictum, and ugly consequence

Journal Article · Mon Jan 01 04:00:00 EST 1979 · Ecol. Law Q.; (United States)

OSTI ID:6051340

Kalur, J S

The 1972 Federal Water Pollution Control Act Amendments were aimed at reducing or eliminating water pollution discharges at point sources. All discharges were to reach compliance by way of the best practical technology (BPT) by 1977 and by the best available technology (BAT) that is economically achievable by 1983. A review of this legislation and subsequent variance regulation reveals that, while the intent was for uniformity during the pre-BAT clean-up stage, industries have avoided or delayed compliance with five-year interim permits, through Environmental Protection Agency exemptions, or by demonstrating that individual discharge factors were fundamentally different. The failure to meet the BPT deadline, often on the grounds that compliance will lead to unemployment, indicates the stricter BAT limitations are even less likely to be met. If the BAT goals for water quality are to be reached, Congress must explicitly require dischargers to comply or go out of business.

• OSTI ID: 6051340
• Journal Information: Ecol. Law Q.; (United States), Journal Name: Ecol. Law Q.; (United States) Vol. 7:4; ISSN ECLQA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
520600 -- Environment
Aquatic-- Regulations -- (-1989)
54 ENVIRONMENTAL SCIENCES
COMPLIANCE
ENVIRONMENTAL POLICY
FEDERAL WATER POLLUTION CONTROL ACT
GOVERNMENT POLICIES
LAWS
LEGISLATION
POINT POLLUTANT SOURCES
POINT SOURCES
POLLUTION ABATEMENT
POLLUTION CONTROL
POLLUTION LAWS
RADIATION SOURCES
WATER POLLUTION ABATEMENT
WATER POLLUTION CONTROL
WATER QUALITY