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By leaving the field open to states to set prices, the Federal Energy Regulatory Commission may be allowing states to fulfill their own individual policy goals at the expense of national goals. States do not necessarily share FERC's 'national vision and perspective' under PURPA, as Congress intended. © 2015 Elsevier Inc. Source


Field A.B.,Hunton And Williams
Proceedings of the Air and Waste Management Association's Annual Conference and Exhibition, AWMA | Year: 2012

In enacting the modern Clean Air Act (CAA) in 1970, and subsequently amending it, the Congress created a partnership between the states and federal government. Under the partnership, the federal government, through EPA, determines the air quality-related ends. A discussion covers the CAA's federal-state partnership and how it worked for 40 yr; court support for the partnership; the partnership between 1970 and 2010; erosion of the partnership in the past 2 yr; EPA's greenhouse gas (GHG) SIP call and GHG FIP; implementation of the 1-hr SO2 NAAQS; use of CAA § 126 to limit a state's role in implementing the CAA; the Cross-State Air Pollution Rule; and BART determinations. This is an abstract of a paper presented at the 105th AWMA Annual Conference and Exhibition (San Antonio, TX 6/19-22/2012). Source


Weiss K.,ERM | Wehrum W.,Hunton And Williams
Environmental Conference 2013 | Year: 2013

New Source Review (NSR) is the most controversial regulatory program enforced by the EPA. The program has been a particular challenge for the petroleum industry. This paper addresses the following issues, each of which is important to fuel and petrochemical manufacturers and has the ability to substantially impact project scope, schedule and budget: key court decisions impacting the applicability and enforcement of the NSR rules; potential NSR challenges created by EPA's plans to overhaul the startup, shutdown and malfunction provisions of many SIP and federal rules; EPA's guidance related to the continued use of Significant Impact Levels (SIL) and Significant Monitoring Concentrations (SMC) which are especially important PSD tools; and a series of emerging greenhouse gas issues that potentially will sweep more industrial operations into the PSD program. This is an abstract of a paper presented at the Environmental Conference 2013 (New Orleans, LA 10/21-22/2013). Source


Beck’s risk society has become a highly influential theory in sociology and has begun to influence risk policy-making and regulation. The theory has been given too much credit, however. This article identifies and analyzes the troubling features of risk society, and demonstrates that it is a loose set of vague ideas, feelings, and hunches, rather than a theory. Risk society, as distinguished from modern industrial society, is a risk management society concerned with the identification and distribution of risks arising from industrial activities, while downplaying natural and other risks. Devoid of empirical content and analytical tools, it promotes a simplistic precautionary anti-industrial environmental and safety ethic. Risk society involves politicization of science and self-interested activism in risk management decision-making. Due to its unrealistic dogmas, ambitions, and side effects, risk society is unable to manage risks effectively and efficiently, and poses a threat to constitutional democracy. Policy-makers and risk managers, therefore, should not rely on risk society theory in designing and implementing risk management structures and regulations. © 2016 Informa UK Limited, trading as Taylor & Francis Group Source


Weiss K.N.,ERM | Wehrun W.L.,Hunton And Williams
American Fuel and Petrochemical Manufacturers, AFPM - Environmental Conference 2012 | Year: 2012

New Source Review (NSR) is the most controversial regulatory program enforced by the EPA. The program has been a particular challenge for the petroleum industry. While the NSR regulations changed little from 1980 until 2002, the program constantly changed and evolved over that period, mostly by way of applicability determinations, policy guidance memos, and enforcement actions. A discussion on the issues important to fuel and petrochemical manufacturers covers the actual to projected actual test; source aggregation; greenhouse gas permitting, including the impact of the Electric Utility NSPS; the emerging federal state relationship and the extent of EPA authority; and status of numerous rulemaking efforts and rule challenges. This is an abstract of a paper presented at the 2012 Environmental Conference (Denver, CO 10/14-16/2012). Source

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