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Administrative Law Keyed to Mawshaw
Sierra Club v. Costle
Citation:
657 F.2d 298 (1981)Facts
In 1977, Congress amended the Clean Air Act to require EPA to revise the NSPS for coal-fired power plants. After extensive analysis, EPA promulgated revised standards in June 1979 that included: (1) a variable standard requiring 90% reduction of sulfur dioxide for high-sulfur coal but allowing as little as 70% reduction for low-sulfur coal; (2) a 1.2 lbs/MBtu ceiling on sulfur dioxide emissions; and (3) a 0.03 lbs/MBtu limit on particulate matter emissions. The standards were based on the performance of wet scrubbing technology, but EPA also considered the potential of emerging dry scrubbing technology. EPA conducted a comprehensive regulatory analysis using econometric modeling to evaluate the environmental, economic, and energy impacts of alternative standards. The agency concluded that the variable standard would achieve equivalent emission reductions as a uniform 90% standard while providing cost advantages, encouraging development of dry scrubbing technology, and allowing greater flexibility in coal usage.
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