PSD: new regulations and old problems

Journal Article · Thu Jan 01 04:00:00 EST 1981 · Harvard Environ. Law Rev.; (United States)

OSTI ID:6549709

Terziev, A J

This article examines the general outlines of the Prevention of Significant Deterioration (PSD) program, the current form of the regulations, and the major and persisting areas of criticism. Congress will probably have to decide during the next year whether to retain the present PSD program, to alter it slightly, or to adopt a new, different approach to the problem of protecting clean air. Alternative approaches have problems of their own; any ambient system will share most of what critics perceive to be the drawbacks of an increment system, and may bring significant additional problems, most prominent of which is the incentive inherent in any system of uniform standards to develop the cleanest areas first. Technology-based standards dispense with many of the most-cumbersome requirements of PSD, but they do away as well with protection of a particular level of ambient air quality. Moreover, any major alteration in approach means another round of regulation, litigation, and confusion. A more-feasible approach might be for Congress to make only minor changes in the PSD program. Specifically, it should encourage states to allocate units of increment more efficiently, define Best Available Congrol Technology (BACT) as New Source Performance Standard (NSPS) when there is a parallel NSPS standard, and consider ways to reduce reliance on applicant monitoring. The PSD program represents the core of our effort to preserve clean air. Contress should not take lightly the decision to abandon it when judicious modification probably would serve to mold PSD into an effective program. 173 references.

• Research Organization: Harvard Law School, Cambridge, MA
• OSTI ID: 6549709
• Journal Information: Harvard Environ. Law Rev.; (United States), Journal Name: Harvard Environ. Law Rev.; (United States) Vol. 5:1; ISSN HELRD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
500600 -- Environment
Atmospheric-- Regulations-- (-1989)
54 ENVIRONMENTAL SCIENCES
AIR QUALITY
ENVIRONMENTAL POLICY
ENVIRONMENTAL QUALITY
EVALUATION
GOVERNMENT POLICIES
POLLUTION REGULATIONS
PREVENTION OF SIGNIFICANT DETERIORATION
REGULATIONS
STANDARDS