SOME LANDMARKS IN POLLUTION REGULATIONS IN THE UNITED STATES

1
SOME LANDMARKS IN POLLUTION REGULATIONS IN THE
UNITED STATES
2
CLEAN AIR ACT (CAA) AND AMENDMENTS

• 1963 CAA enacted and control of air pollution was
  brought under the US Public Health Service.
• 1970 CAA amendment coincided with creation of the
  EPA and transfer of enforcement powers from US
  PHS to US EPA.
• Lofty goals
• Regulations to protect both public health and
  general atmosphere.
• National program of RD in air pollution control
  to be established.
• Federal assistance on local and regional scale on
  air pollution control programs.
• Specific hazardous air pollutants to be
  identified and standards established.
• This legislation marked the high point in
  congressional concerns over the environment.
  Much of the progress in environmental matters in
  the U.S. can be traced back to this landmark
  legislation.

3
CAA AMENDMENT OF 1977

• Several new provisions were established
• Air Quality Standards (AQS) Program Based on
  several scientific criteria standards for primary
  and secondary pollutants were established.
  Standards for primary pollutants (CO, Nox , O3,
  Pb, TSP, SO2) were to be attained without regard
  to cost, while those for secondary were to be
  determined by state and local governments.
• Prevention of Significant Deterioration (PSD)
  Program Areas that meet primary standards were
  to be classified into three Class I (all
  pristine areas where no changes from current
  quality are allowed) Class II (some changes
  allowed for limited industrial development)
  Class III (current industrialized areas where
  large growth will be allowed within NAAQS).
• Non-Attainment Area (NA) Regulations Schedule
  for attaining air quality standards for
  non-attainment areas. Ambient concentrations not
  to be exceeded when new sources are located.

4
CAA AMENDMENT OF 1977 - Continued

• New Source Performance Standards (NSPS) Before
  CAA industries would sometimes relocate their
  operations to localities with weak pollution
  laws. To avoid this maximum allowable emission
  standards were established for 28 industries.
• National Emission Standards for Hazardous Air
  Pollutants (NESHAPS) Set emission standards for
  all sources of hazardous materials. This
  resulted in the so-called Maximum Achievable
  Control Technology (MACT) Program. More stringent
  requirements for new sources than existing ones.

5
CAA Amendment of 1990

• Event with the CAA act of 1977, 96 of the cities
  did not meet the national standards for ozone,
  the primary ingredient in smog. 41 did not meet
  CO standard and 72 did not meet TSP standard.
• Sweeping changes to CAA were signed into law in
  1990.
• An important goal was to achieve air quality
  without seriously damaging the economic health of
  the nation. Unprecedented cooperation was called
  for between private and governmental entities.
• Market based innovations such as performance
  standards for HAPs, credits for companies that go
  beyond minimum compliance, trade able emissions
  for reformulated fuel and clean-fuel
  manufacturers, use of low sulfur coal etc.
• Amendment is divided into eleven Titles.

6
CAA Amendment of 1990

• Title I National Air Quality Standards. The
  concept of NAAQS, NSPS, PSD remained unchanged
  and were contained in this Title. Power was
  given to EPA to control automobile emissions,
  emissions from consumer products, barges, ships
  during loading and unloading operations etc.
  Ozone standards were clarified with designations
  of marginal, moderate, serious, severe, extreme.
  EPA to review NAAQS every five years.
• Title II - Mobile Sources. Stricter pollution
  standards for automobiles and trucks. Tail-pipe
  emissions of hydrocarbons, CO and oxides of
  nitrogen to be reduced and phased in with 1994
  models. Phase I standards for NOx to be lowered
  to 0.6 g/mile, hydrocarbons to 0.4 g/mile. Phase
  II standards (0.2 for NOx and 0.125 for
  hydrocarbons) to be phased I with 2003 models.
  Gasoline volatility and sulfur in diesel fuels
  were to be enforced. Cleaner burning fuels to be
  introduced in nine cities with worst air quality.
  Higher levels of alcohol-based oxygented fuels to
  be introduced during winter months in several
  areas that have CO excedances. Special provision
  for State of CA.

7
CAA Amendments of 1990

• Title III Air Toxics List of 189 suspected
  carcinogens, mutagens and teratogens were to be
  controlled. EPA required to list major sorces
  that (i) emit 10 tones/year of any one or 25
  tones/year of combination pollutants, (ii) area
  sources and smaller sources such as dry cleaners
  etc. EPA is to issue MACT standard for each
  listed source. Companies that voluntarily reduce
  emissions to get a 6 year extension from meeting
  MACT standards. A second phase to include health
  standards, if first phase unsuccessful. Also
  established Chemical Safety Board (CSB) to
  investigate accidental releases. EPA to also
  regulate air emissions from municipal, hospital,
  commercial and industrial incinerators.

8
CAA Amendments of 1990

• Title IV Acid Deposition Program Acid rain
  caused by redeposition of SO2 and NOx via rain,
  fog or snow.
• Two phase reduction to be stipulated for these
  pollutants.
• Phase I (1991- 97) utilities to reduce emissions
  equivalent to air emission rate of 2.5 Lbs SO2 /
  million BTU times average of 1985-87 fuel use.
• Phase II (effective 2000) reductions to 1.2 lbs
  SO2 / million BTU times average of 1985087 fuel
  use.
• In both phases continuous emission monitors to be
  installed to track progress and assure
  compliance.
• Allowed for trading of emissions and/or buy or
  sell allowances to and from other effected
  sources.
• Emission from boilers to be reduced starting
  mid-1992 .

9
CAA Amendments of 1990

• Title V Permits Air pollution sources subject
  to the program must obtain EPA operating permit
  and the States must develop and implement the
  program. EPA reserves the right to approve,
  disapprove, modify or revoke both State and
  individual programs. Provides a vehicle for the
  States to assume responsibilities with Federal
  oversight. For States, that do not comply EPA can
  levy fines. Permit lifetime is 5 years and the
  State must establish reasonable fee from
  permitted facility to administer the program.
• Title VI Stratospheric Ozone and Global Climate
  Protection Phase out of ozone depleting
  chemicals to begin as per the Montreal Protocol
  of 1990. Class I chemicals (CFCs, halons) to be
  phased out by 2002, Class II chemicals (HCFCs) to
  be phased out by 2030. Also requires EPA to find
  substitutes for both classes of chemicals that
  are safe to the environment.

10
CAA Amendments of 1990

• Title VII Enforcement Provisions EPA can
  penalize up to 200K for administrative lapses
  and field citations up to 5,000. Private
  citizens and groups can seek penalties against
  violators. Violations can be upgraded from
  misdemeanors to felonies. Penalties collected go
  into a US Treasury Fund for use by EPA in
  compliance and enforcement.
• Title VIII Miscellaneous Identifying sources of
  visibility impairment, control from drilling
  facilities and a comprehensive cost-benefit
  analysis of CAA requirements to be done by EPA.
• Title IX Clean Air Research Directs EPA to
  conduct research on both short term and long term
  effects of air pollution, acid rain , and the use
  of clean alternate fuels. Non-regulatory
  strategies for air pollution control to be
  studied.
• Title X Disadvantaged Business Concerns Set
  aside at least 10 of federal research funds for
  this class of business concerns.
• Title XI Clean Air Employment Transition
  Assistance Displaced or laid off workers as a
  result of CAA implementation will receive federal
  assistance in training programs.

11
International Treaties and Agreements on Air
Pollution

• Montreal Protocol of 1987
• Kyoto Protocol of 1997
• Global POPs Treaty
• International Organization for Standardization
  (ISO)