Clean Air Act

1
Clean Air Act

• The Federal Clean Air Act, passed in 1970 and
  last amended in 1990, forms the basis for the
  national air pollution control effort.

2
Clean Air Act elements

• The Acts basic elements include
• National ambient air quality standards for major
  air pollutants
• State attainment plans
• Vehicle emissions standards
• Stationary source emissions standards and
  permits
• Acid rain control measures
• Stratospheric ozone protection and enforcement
  provisions

3
Air Basins

• Air basins are geographic areas sharing a common
  air shed.
• Kern County is located within two of these areas
  The San Joaquin Valley Basin and The Mojave
  Desert Basin.
• Air pollution is directly related to the regions
  topographic features that restrict air movement.

4
Non-attainment and reclassification

• In November 2000, the Environmental Protection
  Agency promulgated a rule bumping the San
  Joaquin Valley Air District from serious
  non-attainment for ozone levels to severe
  non-attainment.

5
Consequences

• Today, the San Joaquin Valley Unified Air
  Pollution Control District has less than 18
  months to develop a State Implementation Plan
  (SIP) to bring the basin into compliance by 2005.
• Failure to complete the SIP within that period
  may result in sanctions.

6
Ozone standard

• The Valley has until the end of 2005 to achieve
  the federal one-hour ozone (VOC NOx) standard.
• To achieve this, the district may not exceed the
  standard more than once each year at any
  monitoring station beginning in 2003.

7
Sanctions

• If an area is found to have not submitted or
  implemented adequate plans to attain air quality
  standards, the Clean Air Act authorizes the EPA
  to administer two forms of sanctions
• 21 offsets on new or modified emission
  sources
• Federal highway fund withholdings.

8
21 sanctions

• The 21 sanction requires any company that is
  constructing a new facility or modifying an
  existing one over a certain size to reduce
  emissions in the area by two tons of ozone for
  every new ton generated.

9
Sanctions continued

• Under the Act, there are two provisions through
  which the EPA may order federal highway funds
  withheld sanctions and a lack of conformity.
• The EPA has the power to withhold certain federal
  highway funds if 21 offsets are deemed
  ineffective.

10
Highway fund withholding

• Instances of this sanction are rare. Since 1990,
  only two areas have had highway sanctions
  imposed, the last of which was E. Helena,
  Montana, in 1999.

11
Conformity

• Conformity requirements have been invoked more
  frequently. Areas in 29 states have experienced a
  lapse of conformity at some time since 1993. Five
  areas, including Atlanta, Georgia, are currently
  lapsed.

12
Conformity, continued

• Conformity requirements prohibit federal
  departments and agencies from approving or
  providing financial support to transportation
  improvements in lapsed areas, unless the
  improvements conform with the State
  Implementation Plan for achieving air quality.

13
Where we are now

• The California Air Resources Board and the
  SJVUAPCD have proposed establishing a valley-wide
  emissions budget for the next ozone plan update
• Valley COGs have formed a task force to review
  the issue in light of the severe potential for
  noncompliance.