Investor Presentaiton
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Id. § 7412(d)(2). Likewise, Congress relieved nonferrous
smelters from certain requirements if they cannot comply
using "reasonably available" technology. Id. § 7419. And
for solid-waste incinerators, EPA sets standards "based
on methods and technologies" that have "site specific"
effects. Id. § 7429(a)(3).
2. Congress took the second, process-focused
approach in Section 111, which provides for "standards of
performance" for stationary sources. Embracing notions
of achievability and real-world impact, Congress defined
"standard of performance" as a
standard for emissions of air pollutants which
reflects the degree of emission limitation
achievable through the application of the best
system of emission reduction which (taking into
account the cost of achieving such reduction and
any nonair quality health and environmental
impact and energy requirements) the
Administrator determines has been adequately
demonstrated.
42 U.S.C. § 7411(a)(1).
Under Section 111(b), EPA sets standards of
performance for new stationary sources. 42 U.S.C.
§ 7411(b)(1)(B). But under Section 111(d), the agency
plays a secondary role to the States in regulating existing
ones. Id. § 7411(d). EPA first determines the “best
system of emission reduction." Id. § 7411(a)(1), (d)(1).
Then it promulgates a "procedure” (“similar” to that for
state implementation plans under Section 110) for States
to submit "plan[s]" setting "standards of performance" for
individual sources within their borders. Id. § 7411(d)(1).
These standards should "reflect[]" the "degree of emission
limitation achievable" through the EPA-identified "bestView entire presentation