Prevention of Significant Deterioration: A Case for Repeal

摘要

The PSD program was originally developed, as Senator Baucus stated later in 2012, "to prevent the flight of industry from metropolitan areas," by furthering the grand-fathering of existing sources and defining "increments" designed to limit economic development in clean air areas. While implementation of the CAA did not directly require shutdown of the PSD grandfathered sources, the Act has resulted in a very successful generational euthanasia of these sources through application of CAA Title IV, BART, reasonable progress, CAIR, CSAPR, and mercury and air toxic standards.44 Non-grandfathered sources (i.e., new or modified sources) are subject to numerous regulations that make the application of PSD unnecessary. The passage of time and the growth of the regulatory state have overtaken a 45-year-old PSD program. Our opening quote of Mark Twain's approval of a funeral might seem premature. However, for those who have had to implement PSD for many years, the simple but sage words of Pudd'nhead Wilson seem appropriate, "All say, 'how hard it is that we have to die'-a strange complaint to come from the mouths of those who have had to live."~(45)