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Understanding Baseline Concentration: A Key Concept in Environmental Law
Definition & Meaning
The term baseline concentration refers to the level of a specific pollutant in the air at a particular location before any new emissions from major sources are considered. This measurement is taken at the time when a permit application is first submitted for that area. The baseline concentration is determined using air quality data from the Environmental Protection Agency (EPA) or state air pollution control agencies, along with any monitoring data provided by the permit applicant.
It is important to note that this baseline must account for all emissions from major facilities that started construction before January 6, 1975, but have not yet begun operations. However, emissions from facilities that began construction after this date are not included in the baseline and are subject to different regulatory limits.
Table of content
Legal Use & context
Baseline concentration is primarily used in environmental law and regulatory practices concerning air quality management. It plays a crucial role in the permitting process for new industrial facilities and in assessing compliance with air quality standards. Understanding baseline concentrations is essential for:
Environmental assessments
Permit applications for major emitting facilities
Compliance with the Clean Air Act and state regulations
Individuals and organizations may utilize legal templates from US Legal Forms to navigate the permitting process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A manufacturing company applies for a permit to build a new plant in an area where several older factories are already operating. The baseline concentration of pollutants will include emissions from these existing factories, as they were built before the cutoff date.
Example 2: A developer wants to construct a new power plant. They must establish the baseline concentration of pollutants in the area, which will not include emissions from a nearby power plant that started construction after January 6, 1975. (hypothetical example)
Relevant laws & statutes
The primary legal framework governing baseline concentrations falls under the Clean Air Act, specifically:
42 USCS § 7470 et seq. " This section outlines the requirements for air quality management and the establishment of baseline concentrations.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
More stringent regulations on baseline concentrations due to higher air quality standards.
Texas
Different methodologies for calculating baseline concentrations may be applied.
New York
Incorporates additional local air quality data in baseline assessments.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Baseline Concentration
Initial pollutant levels before new emissions are considered.
Focuses on historical data at the time of permit application.
Allowable Emissions
The maximum amount of pollutants that can be emitted by a facility.
Refers to limits set after baseline concentrations are established.
Ambient Air Quality Standards
Regulatory limits for specific pollutants in the air.
Standards that must be met, which may be influenced by baseline concentrations.
Common misunderstandings
What to do if this term applies to you
If you are involved in a project that requires a permit, it is essential to understand how baseline concentrations may affect your application. Here are steps you can take:
Gather air quality data from the EPA or state agencies.
Consult environmental experts or legal professionals for guidance.
Consider using US Legal Forms to access templates for environmental assessments and permit applications.
If your situation is complex, seek professional legal advice to ensure compliance with all regulations.
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