Time to Toss It Out? The 'Once In, Always In' Policy for 'Major Source' Hazardous Air Pollutant Standards

摘要

The U.S. Environmental Protection Agency's (EPA's) recent call for regulatory reform suggestions~1 offers a good opportunity for ending a long-standing regulatory overreach: EPA's "once in, always in" policy (OIAI policy) for standards applicable to a major source of hazardous air pollutants (HAPs) under the Clean Air Act (CAA).~2 In brief, the OIAI policy asserts that if a facility ever had HAP potential emissions above levels that trigger a major source control standard, the facility must comply with that standard permanently, even where the facility has since reduced its potential emissions below the trigger levels. The result is needless compliance burden and expense, transactions complicated or threatened by discovery of a once in, always in situation, and unwarranted enforcement actions and penalties.