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If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. Part lII is a more detailed discussion of permitting requirements for new and modified major sources of air pollution in non-attainment areas, a permitting process termed "new source review." Part lII also explores how the critical balance -- that of achieving healthy air while accommodating industrial development -- is resolved within the technicalities of the permitting process for major sources, termed "non-attainment area new source review." Hopefully, a description of new source review in Part Ill will inspire in the reader an appreciation of the importance of initial applicability determinations as described in Part IV. Applicability determinations raise seemingly irreconcilable problems.

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Hastings West- Northwest Journal of Environmental Law and Policy



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