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New Source Review: An Analysis of the Constitency of Enforcement Actions with the Clean Air Act and Implementing Regulations

机译:新来源评论:“清洁空气法”和“实施条例”对执法行动的执行力分析

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The Clean Air Act Amendments of 1970 required major stationary sources of air pollution to install devices to reduce pollution. Sources existing at the time were not required to retrofit pollution controls, but would be required to install such controls if and when they modified their facilities. In 1977, Congress amended the Clean Air Act to establish the new source review program, which requires preconstruction review and a permit for almost any major new source or modification of an existing source of air pollution. In light of this reviews conclusions, the Departments Environment and Natural Resources Division (ENRD) will continue, as it has during the pendency of this review, to prosecute vigorously the EPAs civil actions to enforce the new source review provisions. And it will continue, as it has during the pendency of this review, to pursue talks to settle those actions where appropriate on mutually acceptable terms. Because the existing enforcement actions are supported by a reasonable basis in law and fact,any decision to withdraw,terminate,or otherwise circmvent them would rest in the discretion of ENRD, which must assess the relative strengths and weaknesses of a given case.

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