That’s the old New Source Review argument, which we debated here years ago. I’m disappointed - you said earlier that you “have no clue what new source review is”, but now you’re saying that was the basis of your OP?
(FTR, your link is not from the CAA directly, it’s a summary of it.)
Let me put a very complicated thing to you simply - the CAA and its Amendments were not “rolled back” by Bush. The limits remained in place. The question was whether or not utilities were allowed to increase generation while meeting the same limits. New Source Review said that new sources of pollution had to meet the current BACT (best available control technology) and pollution limits - something that was not in dispute. What was in dispute was whether or not an existing plant could increase its generation - in terms of MW or even MWh/year - and not meet NSR.
Here’s a parallel - your car has certain limits on emissions, which are based on a certain rate - say X lbm/hp for NOx. Let’s say that the next year, the limit drops to 0.5X lbm/hp. Your car is grandfathered in, but any new cars - or if you built a car yourself - would not be - they would have to meet the new limits.
OK, now what if you put a new air cleaner on your car, or a low-flow exhaust system, and got 1 more horsepower out of it? What the government wanted to claim was that that extra 1 horsepower meant your car was a “new car”, and thus you must now meet the new emissions limits. That hardly seems fair, but that’s what they wanted to do to power plants. What if you weren’t even trying to upgrade your power - what if the new OEM air filter gave you 0.1 more hp? What if all you want to do is standard maintenance?
Plants have been able to increase generation ever since the NSR was created without triggering it - I worked for several plants that increased generation tremendously, and were given exemptions under Clinton. Why? Because most of the time the power increase was coupled with an efficiency increase as well, and some of the time the power increase was the result of scheduled maintenance, which lead to using newer, more efficient replacement parts, and thus better performance. Turbine upgrades were a common trigger for this - the plant wanted to increase efficiency, but at the same time the upgrade led to a power increase. And we’re not talking about a lot - the “millions of tons” figure thrown out in your link is ludicrous. Most of the time the increase were less than 5%.
So who was right? Well, the Federal Appeals Court in Atlanta ruled in favor of TVA, and said New Source Review did not apply to them, so it looks like the plants had some backing for their position. Your environmentaldefense link seems to have left that out - I find that somewhat suspicious, don’t you?
The change in NSR rules was a good thing. I worked for plants who were afraid to make equipment upgrades because they were afraid of triggering NSR. They ran less efficiently and polluted more because they were afraid if they made any changes or upgrades, then the whole plant would be considered a “new source”. One plant I was working for had a 70% removal limit on SO2, and just barely made that 70% limit. They wanted to improve their scrubber to 95% removal, but at the same time wanted to increase power to cover the extra power of the bigger scrubber. Nope, that would make them a “new source” - so they kept on polluting at the 70% removal rate, when they could have been at the 95% removal rate. All because the government would not give them credit for the power of the larger scrubber. That was wrong, IMO, morally and otherwise, and the Bush Administration told the utilities that things like that weren’t going to happen.
I’m not going to debate NSR on the SDMB again; this message board is not the appropriate forum for that.