Air Quality Regulation
Sources of HAPs:
"Major sources" "Area sources"
Emission standards must require
**"maximum achievable control technology" (MACT)** to be used for both new and some existing sources.
The Air Pollution Control Act of 1955 law specifically say that
****"the prevention and control of air pollution at its source is the primary responsibility of State and local governments."
Title 1-Air quality and emission limitations
****National Ambient Air Quality Standards*** **Primary standards** specify concentration levels intended to protect public health ***Secondary standards** are intended to protect "public welfare" -Soils -Vegetation -Wildlife
Title II - Mobile Sources
****Title II reduces air pollution from mobile sources by: -Stricter emission standards for mobile sources -Stricter standards on gasoline and diesel fuel to reduce emissions -Programs to encourage and force the development of "clean" fuel vehicles
The 1990 Amendments also provides...
***economic incentives Example - **gasoline refiners can get credits for producing cleaner gasoline** than required and they use those credits when their gasoline doesn't achieve cleanup requirements.
The Clean Air Act of 1963 was amended in:
**1970, which redefined the State and Federal roles in the control of the Nation's air quality **1977, which imposed significant regulatory requirements on new sources in areas where air quality was cleaner than NAAQs **1990 - we'll discuss in detail, along with the 6 sections (Titles) - know these
Enforcement Provisons
**Fines and prison sentences can now be imposed upon a negligent party.** More severe penalties apply to parties who **"intentionally" release HAPs,** with sentences of up to 15 years in prison.
Air Quality Act of 1967... Adoption of...
**ambient air standards** by States within air quality regions The development of plans by the States to implement the ambient air standards
title 1-Air quality and emission limitations
*EPA anticipated that meeting primary standards would also automatically meet secondary standards - they "anticipated wrong"* *i.e. Sulfur dioxide, as an air pollutant, (major acid deposition precursor) is more damaging to vegetation than to animals or humans*
National Emission Standards for Hazardous Air Pollutants (NESHAPs)
*NESHAPs are nationally uniform standards established to control pollutants that may result in*: -An *increase in mortality* -An *increase in serious irreversible or incapacitating, but reversible, illness*
State Implementation Plans (SIPs)
*The CAA requires States to adopt SIPs* SIPs set emission limits and reduction measures for the specific sources in that State
Title IV - Acid Rain (deposition) Control Title IV establishes specific requirements for reducing:
--Sulfur dioxide emissions** --Nitrogen oxides**
Current air pollution laws are based on:
-Air Pollution Control Act of 1955 -Clean Air Act of 1963 (as amended) -Air Quality Act of 1967 -Significant amendments to the CAA in 1970, 1977, and 1990 **know each for test
Each permit must include
-Enforceable emission limitations and standards -Schedule of compliance -Requirements for submission of monitoring data
Title IV-Acid Rain Control
-Establishes a *new market-based system* -Allocates "*emission allowances*" to power plants -Requirements for compliance include: ***Reduce emissions, or **Acquire allowances from other plants
Title V - Operating Permits
-Establishes an expanded permitting program. -New permit program is fee-based -Federal facilities are subject to any fee or charge imposed by the State or local agency to defray the costs of its regulatory pollutant
State Implementation Plans (SIPs)
-Include an *emissions inventory* of all existing sources that emit any regulated pollutant -Establish a mix of *emission limits* and other measures to control each criteria pollutant -Contain *permit programs* required under the CAA
The 2 objectives of the CAA are to:
-Protect and enhance the quality of national air resources -Protect public health and welfare while fostering a beneficial productive capacity
The 1990 Amendments created features to let...
...businesses **make choices** on the best way to reach pollution cleanup goals. Example - the acid rain (deposition) cleanup program includes **pollution allowances** that can be traded, bought and sold.
The CAA interrelates with many other Federal laws, including
1. Resource Conservation and Recovery Act 2. Comprehensive Environmental, Response, Compensation, and Liability Act 3. Emergency Planning and Community Right-to-Know Act 4. Occupational Safety and Health Act
Title VI - Stratospheric Ozone Protection requires:
1.Complete phase-out of chlorofluorocarbons and halons 2.Reduction in use and emissions of other ozone-depleting substances 3.Prohibition of knowingly venting refrigerants
Enforcement Provisions Expanded CAA enforcement provisions include:
1.New criminal sanctions for intentional violations** 2,Administrative penalty mechanisms**
Risk Management Program
All stationary sources must prepare a Risk Management Plan if they **have more than a threshold quantity of a listed regulated substance** in a single process
Measures to implement MACT include
Pollution controls Process changes Materials substitution Operator training and
Title III - Hazardous Air Pollutants (HAP)
The 1990 Amendments: -*Increased the number of Hazardous Air Pollutants (HAPs) from 8 to 188* -HAP standards were changed from health-based to technology-based
Air Quality Act of 1967
The Act was **Congress's first attempt at a comprehensive regulatory scheme for air pollution***, which included: 1) The establishment of atmospheric areas and air quality control regions 2) The issuance of "**air quality criterion**" and "**control techniques**" reports What came of JFK
CAA of 1970
The Clean Air Act (CAA) is the major Federal law regulating air emissions. **The goal of the CAA was to set and achieve National Ambient Air Quality Standards (NAAQS) in *every state* by 1975**
The Clean Air Act of 1963
The Department of Health, Education, and Welfare (HEW) was authorized to establish ****nonmandatory air quality criteria***. The law was almost exclusively concerned with ***stationary sources***
Title 1 Air Quality and Emission Limitations
The EPA established *geographic regions* to designate the air quality status with respect to NAAQSs. These regions are pollutant specific.
New Source Performance Standards (NSPS) Program
The NSPS Program is a nationally uniform emissions standard program developed by category of industrial sources and encompasses "new sources" only. *This includes stationary sources constructed or significantly modified after enactment of the regulation.* The NSPSs set minimum nationwide emission limitations on classes of facilities The NSPSs must take into account: Cost of achieving emissions reductions Best demonstrated technology
Title I - Air Quality and Emission Limitations
Title I addresses *nonattainment areas* (NAAs) for: -Sulfur dioxide -Nitrogen dioxide -Carbon monoxide -Ozone -Lead -Particulate matter (PM-10)
Public participation
is a very important part of the 1990 Clean Air Act. Opportunities include: 1) Participating in public hearings 2) Suing the government or a source's owner or operator 3) Requesting action by EPA or the state against violators
The CAA set requirements for obtaining ___________ for major stationary facilities or operations to ensure that any listed HAP emissions comply with the NESHAPs (Section 112).
preconstruction permits