Investor Presentaiton
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which emits or may emit any air pollutant."
§ 7411(a)(3) (emphases added).
Id.
The CAA deploys two approaches for controlling
emissions.
In the first, Congress set metrics that limit emissions
to a specific amount or level-regardless whether sources
can meet those standards and continue to operate. The
Act's Acid Deposition Control program is one example: It
creates a cap-and-trade system to reduce total sulfur
dioxide and nitrogen oxide emissions by a set number. 42
U.S.C. § 7651(b). Covered sources receive an emission
"allowance," and (with certain exceptions) they must do
whatever it takes to stay within it. See Am. Mun. Power-
Ohio v. EPA, 98 F.3d 1372, 1373 (D.C. Cir. 1996). The
Stratospheric Ozone Production Program is more
ambitious, aiming to “phase-out” certain ozone-depleting
substances through a detailed statutory process and
schedule. 42 U.S.C. § 7671d. In the same way, EPA may
"prohibit[]" certain "offending” substances outright when
regulating mobile sources. Id. § 7545(c)(1).
In the second and more common approach, Congress
pushed emission-specific goals through improved
technologies and procedures. Unlike the narrower
programs targeting specific pollutants, these provisions
tie standards to what individual sources can do with
available techniques. In New Source Review, for example,
EPA ensures that new or modified stationary sources use
the "best available control technology" or match the
"lowest achievable emission rate." 42 U.S.C.
§§ 7475(a)(4), 7503(a)(2) (emphases added). The
Hazardous Air Pollutants program's first phase similarly
requires "the maximum degree of reduction in emissions"
that sources can achieve through source-specific
"measures, processes, methods, systems or techniques."View entire presentation