Exempting old polluters from new-source rules prolongs their dirtier operation

Evidence

With the benefit of hindsight, it now seems clear that the CAA’s blanket exemption was a mistake. Such a large differential between the regulatory requirements applicable to new and existing sources has been inequitable and inefficient, and has likely even led to worse environmental degradation. Existing facilities have simply stayed in operation far longer than they otherwise would have by undertaking upkeep that they contend constitutes “routine maintenance” rather than the “modification” that would trigger the new source standards. The result has been far more pollution, because aging, dirtier facilities have been kept in operation far longer than they otherwise would have been had the controls on existing sources been greater or the controls on new sources been less strict. — Richard J. Lazarus, The Making of Environmental Law, 889

Categorization

• XREF: connects to: Tough new-source pollution rules can backfire by prolonging dirty existing plants. — Richard J. Lazarus, The Making of Environmental Law, 764