CLEAN AIR ACT ENFORCEMENT: SETTLEMENT STRATEGIES AND RECENT DEVELOPMENTS

• Jurisdiction: United States

Air Quality Challenges Facing the Natural Resources Industry in the Western United States
(Nov 2007)
CHAPTER 10C
CLEAN AIR ACT ENFORCEMENT: SETTLEMENT STRATEGIES AND RECENT DEVELOPMENTS
Dianne Shawley
Senior Counsel
U.S. Department of Justice
Washington, D.C.

Settlement Strategies and Recent Developments

I. Technology - "Raising the bar" through innovative settlements across industry sectors

II. Enhanced Injunctive Relief -- How it fits into the settlement framework

[Page 10C-2]

I. TECHNOLOGY

A. SHARING THE RISK IN THE SELECTION OF CONTROL OPTIONS

1. "BACT" or "LAER" - what is the difference?

Best Available Control Technology --

CAA 42 U.S.C. §§ 7475(a)(4) and 7479(3)

and Lowest Achievable Emission Rate

CAA 42 U.S.C. §§ 7501(3) and 7503(a)(2)

2. Who defines BACT/LAER?

Permit writers, not EPA and not DOJ

3. What is the difference anyway?

Limits not technology

$$$ cost per ton or not

RBLCH -- RACT/BACT/LAER Clearing House

CAA 42 U.S.C. §

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