Regulations Clean Air Act
Application for PSD permit includes
Demonstration taht source will be best available control technology BACT Can be reasonable control technology for old source or already established The source will not interfere with attainment or maintenance of NAAQS Operation fo source will not cause a significant deterioration of ambient air quality More stringent on new sources in nonattainment areas Located in PSD 40 CFR
Other issues
Fracking dust
Potential to emit
If a owners new source has the potential to emit more emissions than regulations allows or lowest achievable emission amount Potential to emit contains all possible emittance including that which is caught or removed by BACT
40 CFR
Means environmental regulations
New source performance standards
NSPS are technology based standard that apply to attainment and non-attainment areas Regulation of hazardous air pollutants NESHAPs national emission standards for hazardous air pollutants Set forth list of 189 HAPs hazardous air pollutant number has increased sense then Maximum achievable control technology standards Even better than BACT Most MACT standards apply to major sources only like EB VISOR DALE CHEMICAL Maximum degree of reduction in emissions achievable for existing and new sources MACT is for existing and new sources
New source review
New source of air pollutants in non-attainment area must comply with the new source review requirements established by EPA Information required in an application for a NSR permit includes The source will use best available control technology BACT The source must prove that it meets lowest achievable emission rate LAER can only be achieved with BACT The source must show that the company is already complying with existing regulatory standards and have no willful or repeating violations for enacting new emission source The information required in an application for NSR permit includes Source must comply with federal emission offset requirements The source must show that the benefits of the project outweighs the environmental and social costs must have quantifiable evidence The US EPA changed implementing rules for PSD and nonattainment NSR programs in 2002
Regulations on criteria pollutants
Primary NAAQS national ambient air quality standards Established to protect public health Secondary NAAQS established in order to protect public welfare Reasonably available control technology RACT must be in use State implementation plans must be written Control technology guidelines tell regulatory people what guidelines are Establishes non-attainment area which were designated as marginal, moderate, serious, severe, or extreme CT is marginal nonattainment Prevention of significant deterioration -if a new major source is proposed or a major source makes major modifications in an attainment area the PSD rules apply PSD riles are triggered whenever a major new sources is constructed or whenever there is a major modification to an existing major source
Sources of emissions under construction
Sources before beginning actual construction Must document and maintain a record of certain information Must ensure environment compliance and RICRA compliance (drums and labels) The owner or operator is thereafter required to monitor emissions and any regulated pollutants Owner or operator must keep information for period of 5 years for most changes but for 10 years if project increases the design capacity of or potential to emit that regulated pollutant at the emission unit EPA and OSHA can check and inspect cites at any point Owner and operator are issued permit for how much they are allowed to pollute each year Owner or operator is required to submit a report to US EPA within 60 days after the end of any year in which they use thier pollution permit and prove they did not go over their Quota for pollution emitted per year Annual emissions cannot exceed baseline actual emissions
Maximum achievable control technology requirements
The MACT floor is that you must report on release or accidental release of certain HAP Must have written risk management plan
Citizen suit provisions
This was DOW Chemical Company vs United States They had big chemical fire on plant Court endowed EPA with considerable investigatory authority Use of aerial observation and photography is within EPA statutory authority Paralegal responsibilities are responding to information requests
Prevention of significant deterioration
-if a new major source is proposed or a major source makes major modifications in an attainment area the PSD rules apply PSD riles are triggered whenever a major new sources is constructed or whenever there is a major modification to an existing major source
Alaska department of environmental conservation vs environmental protection agency et al
Authority of EPA enforce provisions of PSD program
Clean air act permit program
CAAPP Issued permits from EPA that allow you to pollute Your emissions must be low your permit limit It is not reported by company but self reported based on what you buy and what you use on site to conduct how much emissions you give out Major sources within the state were required to submit CAAPP permit applications Draft permits were subject to public notice and comment as well as EPA veto authority Enforcement and related concerns are apart of CAAPP Field citation authority was granted by EPA for this program and they had penalty policies for not calling state or feds for reporting accidental release of hazardous substances - repeat or willful violations can cause you to go to jail with significant criminal penalties
Clean air act
Contains requirements for ma made sources of air pollution. Including such things as acars and other transporation sources mines utlititles construction site anad manufacturing plants Major amendments in 1970 1977 1990 CAA originated in legislation enacted in 1955
Chevron inc vs natural resources defense council
Court held that EPA plant-wide definition is a permissible construction of the statutory term stationary source Stationary source is pollution that is released and contained in a singular location
