Microsoft Word - Chapter IV.Trading -FINAL.doc

The document contends that the EPA lacks the legal authority under sections 111 and 112 of the Clean Air Act to implement nationwide emission trading for hazardous air pollutants. It argues that these sections mandate uniform, source-specific performance standards rather than a tradeable allowance system. The author further claims that the EPA's approach is arbitrary and capricious because it fails to adequately address the risk of localized mercury 'hotspots' and includes flawed program elements, such as a 'safety valve' provision and exemptions for small emitters, which could delay the installation of pollution controls and maintain high emission levels.

• The EPA cannot authorize a nationwide cap-and-trade program as a 'standard of performance' under section 111 of the Clean Air Act. Judicial precedents, such as ASARCO, Inc. v. EPA, established that the purpose of section 111 is to force all new or modified facilities to employ the best demonstrated controls, and that intra-source trading would 'undercut Section 111 by allowing operators to avoid installing the best pollution control technology'.
• Legislative history indicates that Congress intended section 111 to establish uniform national emissions standards for every individual plant, rather than a tradeable system. The 'best system' mentioned in the law is interpreted as the best system an individual plant can implement, not a broad regulatory system.

APA

Clean Air Task Force (n.d.). Microsoft Word - Chapter IV.Trading -FINAL.doc. https://cdn.catf.us/wp-content/uploads/2019/11/21093022/20040629-4.pdf

Chicago

Clean Air Task Force. Microsoft Word - Chapter IV.Trading -FINAL.doc. n.d. https://cdn.catf.us/wp-content/uploads/2019/11/21093022/20040629-4.pdf.

Wikipedia

{{cite report |author=Clean Air Task Force |title=Microsoft Word - Chapter IV.Trading -FINAL.doc |url=https://cdn.catf.us/wp-content/uploads/2019/11/21093022/20040629-4.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{cleanairtaskforcendmicrosoft, author = {{Clean Air Task Force}}, title = {{Microsoft Word - Chapter IV.Trading -FINAL.doc}}, institution = {Clean Air Task Force}, url = {https://cdn.catf.us/wp-content/uploads/2019/11/21093022/20040629-4.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }