Air Regulatory Update 2011
The Clean Air Act (CAA) requires EPA to develop regulations and complete timely review of existing rules.. Review NAAQS every 5 years.. Review NSPS/NESHAPs every 8 years Historically.. EPA did not fulfill this CAA obligation. In recent years, lawsuits have forced EPA to follow CAA schedules – EPA will lose these lawsuits –Legislative CAA fix is needed to alter these mandated schedules – EPA and litigant often agree to Court ordered “Consent Decree” schedule for regulation development EPA typically meets Court ordered schedules » Most recent EPA rules driven by Consent Decree schedules
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