Outline of Clean Air Act 101

1
Outline of Clean Air Act 101

• Brief History of the Clean Air Act
• Clean Air Act Amendments of 1990
• Title I Clean Air Standards, Mike Jay, Jon
  Knodel
• Title II Mobile Sources, Mike Jay, APDB
• Title III Air Toxics, Richard Tripp
• Title IV Acid Rain, Jon Knodel
• Title V Operating Permits, Jon Knodel
• Title VI Ozone Depleting Substances, Jon Knodel
• Title VII Enforcement Provisions, Jon Knodel

2
Where does EPA get the authority to regulate air
quality?

• Basic Principles
• Federal Government regulates interstate matters
  and states regulate within respective state
  boundaries
• Air pollution travels beyond state boundaries and
  is subject to federal regulation
• EPA is an administrative agency given authority
  to pass rules by congress

3
Brief History of the Clean Air Act

• Statutory Evolution
• Air Pollution Control Act (1955) funding and
  technical assistance to state and local
  government
• Clean Air Act of 1963
• Nonmandatory air quality criteria established by
  feds
• Feds authorized to intervene when a state could
  not handle a particular problem by itself
• Air Quality Act of 1965
• Duty imposed on feds to issue air quality
  criteria
• States required to establish AQ standards and
  implement and enforce implementing regulations
• Feds could enforce (in the case of interstate AQ
  problems) if the state did not enforce
• Feds could also promulgate standards if state did
  not
• Air Quality Act of 1967 Retained prior process
  and increased federal enforcement authority

4
History (cont.)

• Clean Air Act Amendments of 1970
• Substantial expansion of control of motor vehicle
  pollution national emissions standards
• Authorized EPA to set NAAQS
• States required to submit plans (SIPs) to
  implement NAAQS
• EPA authorized to set standards for new sources
  (NSPS and for HAP sources (NESHAP)
• EPA authorized to directly enforce requirements
• Clean Air Act Amendments of 1977
• Codified EPA permitting programs
• Established new deadlines and more detailed
  requirements for SIPs to attain NAAQS
• Provided sanctions for state planning failures

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History (cont.)

• Clean Air Act Amendments of 1990
• Established several new air pollution programs
• Technology-based standards for HAPs
• Acid deposition program
• Protections for ozone layer
• International and interstate transport
• Operating Permit program
• Regulation of consumer products
• New processes and more specific requirements for
  areas not attaining the NAAQS
• Substantial expansion of existing programs, for
  example
• Motor vehicle and fuel controls
• Motor vehicle inspection and maintenance
• Enforcement authorities

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Title I NAAQS Program

• EPA sets National Ambient Air Quality Standards
  for six common pollutants
• particulate matter (PM10-PM2.5)
• ozone (O3)
• sulfur dioxide (SO2)
• carbon monoxide (CO)
• lead (Pb)
• nitrogen dioxide (NO2)
• Primary standards protect human health and
  secondary protect environment
• Review NAAQS every 5 years
• States develop state implementation plans (SIPs)
  to meet NAAQS
• EPA issues implementation rules and sets minimum
  requirements for state plans States submit SIPs
  and NAAQS attainment demonstrations for EPA
  approval
• EPA provides grant dollars to states to develop
  plans
• Federal Implementation Plan (FIP)
• EPA can issue FIP in absence of an approvable SIP

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What is the extent of the nonattainment areas for
PM2.5 and ozone in the CAIR region?
8
How are areas with unsafe air identified and
cleaned up?
Title I (cont.)

• Ambient air monitoring provisions specify methods
  to be used to determine air quality
• EPA and state governors identify nonattainment
  areas and EPA classifies the severity of the air
  quality problem
• Clean-up requirements and deadlines are based on
  the classification. Here are some examples
• Mandatory VOC and NOx reductions
• Emissions inventory requirements
• Attainment modeling requirements
• Contingency measures
• Reasonable further progress
• Transportation control measures
• Increasing offset ratios
• EPA helps states meet NAAQS by issuing federal
  regulations for major categories of pollution
  sources (e.g., mobile source rules, Clean Air
  Interstate Rule)
• Regional haze regulated with approach similar to
  that for attaining NAAQS

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Federal Technology StandardsNew Source
Performance Standards (NSPS)
Title I (cont.)

• Unlike SIPs, the NSPS generally apply only to
  emission units that are new, modified, or
  reconstructed after a certain date
• These standards reflect the best system of
  emission reduction taking into consideration
  economics and other environmental concerns
• Standards are technology driven, but do not
  mandate specific technology
• Affected units are free to comply through
  whatever means are most appropriate for their
  circumstance
• Standards are to be updated every 8 years to
  reflect latest technology

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New Source Performance StandardsWho is covered?
Title I (cont.)

• The NSPS rules, found at 40 CFR Part 60,
  establish detailed emissions, testing,
  recordkeeping, and reporting standards for over
  78 source types, including boilers, incinerators,
  smelters, tanks, chemical plants, refineries,
  surface coating, printing, aggregate and mineral
  processing plants, among others
• These standards are described in nearly 1,400
  pages of regulatory text in the Code of Federal
  Regulations

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New Source Performance StandardsWho carries out
the program?
Title I (cont.)

• State and local agencies carry out the bulk of
  the program on EPAs behalf
• EPA and states share co-implementation and
  co-enforcement authority in the event an agency
  is unable to resolve a particular problem
• Implementation responsibilities include
  compliance assistance, applicability
  determinations, overseeing stack tests,
  conducting inspections, reviewing excess emission
  reports and taking any necessary enforcement
• States generally update their rules annually to
  keep them in synch with the federal requirements

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P2 opportunities in the NSPS program
Title I (cont.)

• Many of the standards, in particular for surface
  coating and printing, reflect P2 principles for
  source reduction
• When establishing standards, EPA considers
• technological processes that are inherently
  low-polluting or nonpolluting, and
• technological systems for continuous reduction of
  the pollution generated by a source before such
  pollution is emitted into the ambient air,
  including pre-combustion cleaning or treatment of
  fuels

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For more information on the NSPS program
Title I (cont.)

• EPA Region 7s NSPS website
• http//www.epa.gov/region07/programs/artd/air/nsps
  /nsps.htm

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Federal Technology StandardsNational Emission
Standards for Hazardous Air Pollutants (NESHAPs)

• Similar to the NSPS, except that the Part 61
  standards set based on health-based risks
• Because of complexity of risk analysis approach,
  EPA was able to finalize only 22 standards
  between 1971 and 1990
• Under 1990 Clean Air Act Amendments, Congress
  re-directed the agency to set standards based on
  technology first and residual risk later
• The Title III MACT program takes over where Part
  61 left off
• For more details, listen in on tomorrow mornings
  session

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Pre-Construction Permit Program
Title I (cont.)

• Commonly referred to as New Source Review or
  NSR Program
• Can be a very complex, time consuming process
  which requires advance planning
• Recently has received much attention nationally,
  from the Courts to the White House
• Presents many opportunities for P2

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What is the concept behind NSR?
Title I (cont.)

• Ensures new construction does not cause an air
  quality problem before company puts equity in
  the ground
• Promotes use of technology and other advanced
  pollution reduction solutions (e.g. low solvent
  coatings)
• Provides a balance between environmental
  protection and the need for economic growth
• Adjusts the stringency of review and associated
  pollution controls depending on size and location
  of plant

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NSR Program Elements
Title I (cont.)

• Minor source program
• Makes up about 85 of the permitting activity
• In Kansas, accounts for 2 of new emissions
• Provides mechanism to avoid major source status
  
• PSD (Prevention of Significant Deterioration)
  program
• Reserved for new major construction projects and
  significant modifications
• Usually requires significant modeling, technology
  review and pre- and post-construction ambient
  monitoring
• Part D Nonattainment program
• Reserved for areas not meeting the NAAQS

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Elements common to all NSR permits
Title I (cont.)

• A source must have a final permit in hand prior
  to breaking ground
• The permitting authority may not issue a permit
  to a source that is shown or expected to exceed
  the NAAQS or increment
• The permits live on even after construction is
  completed
• The program is designed to seek full
  participation by the public

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Who runs the NSR program?
Title I (cont.)

• State and local agencies in Region 7
• The region provides technical assistance and
  limited oversight to help ensure some level of
  national consistency.
• EPA also maintains a technology clearinghouse
  and a number of other databases to facilitate
  review and permitting of future facilities.

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NSR in the news
Title I (cont.)

• NSR is at the heart of several nation-wide
  enforcement initiatives with the power and
  refining sector, among others
• Did Congress expect grandfathered sources to
  live on in perpetuity without state-of-the-art
  controls? Or to control only when constructing
  new facilities?
• Now have conflicting opinions in at least three
  court jurisdictions
• Several elements of NSR reform are also being
  debated in the courts

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P2 opportunities in the NSR program
Title I (cont.)

• Voluntary synthetic minor permits provide
  incentive to source to make raw material
  substitution (e.g. non-VOC coatings, low sulfur
  fuels), minimize waste streams, and improve
  efficiency
• Permits by rule may offer similar P2 benefits
  and allow the source to begin construction soon
  after filing an application
• National NSR settlements seek P2 opportunities
  and other pollution reductions through
  supplemental environmental projects
• PALs (or plant-wide applicability limits or
  caps) allow companies to make plant
  improvements without a comprehensive permit
  review. This has benefited companies like 3M,
  Intel, Imation, Daimler Chrysler, Saturn and
  others
• Many states are considering innovations to
  administratively streamline their programs...
  this may provide P2 opportunities

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For more information on NSR
Title I (cont.)

• 1990 Draft NSR Workshop Manual
• http//www.epa.gov/Region7/programs/artd/air/nsr/n
  srmemos/1990wman.pdf
• Region 7 NSR Website
• http//www.epa.gov/region07/programs/artd/air/nsr/
  nsr.htm

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Title II Mobile Source Program

• Motor Vehicle Emissions Standards
• Tier Levels
• HAP research
• Fuels and Fuel Additives
• Reformulated gasoline
• Oxygenated fuels
• Aircraft Emissions Standards
• Fuel venting and exhaust limits
• Clean Fuel Vehicles
• Fleet owners in NA areas will acquire clean fuel
  vehicles

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Title II (cont.) Mobile Source Program

• At present the United States
• Motor vehicles are responsible for up to half of
  the smog-forming VOCs and nitrogen oxides (NOx).
• Motor vehicles release more than 50 percent of
  the hazardous air pollutants.
• Motor vehicles release up to 90 percent of the
  carbon monoxide found in urban air.

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Vehicle Pollution Progress
Title II (cont.)

• Passenger vehicles
• 77-95 cleaner by 2004
• Trucks buses
• 90-95 cleaner by 2007
• First standards for off-road sources
• Clean-burning reformulated gasoline and low
  sulfur diesel fuel

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Title II (cont.)What went wrong?

• More people are driving more cars more miles on
  more trips. In 1970, Americans traveled 1
  trillion miles in motor vehicles, and we are now
  driving 4 trillion miles each year
• Many people live far from where they work in
  many areas, buses, subways, and commuter trains
  are not available. Also, most people still drive
  to work alone, even when van pools, HOV
  (high-occupancy vehicle) lanes and other
  alternatives to one-person-per-car commuting are
  available.
• Buses and trucks, which produce a lot of
  pollution, haven't had to clean up their engines
  and exhaust systems as much as cars.
• Auto fuel has become more polluting. As lead was
  being phased out, gasoline refiners changed
  gasoline formulas to make up for octane loss, and
  the changes made gasoline more likely to release
  smog-forming VOC vapors into the air.

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New Passenger Car NOx Standards
Title II (cont.)
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Heavy Duty Standards NOx (red) and PM (gray)
Title II (cont.)
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Vehicle Pollution Challenges
Title II (cont.)

• Implementation of highway and non-road rules
• Further reduce pollution from existing highway
  fleet
• Further reduce pollution from non-road sources,
  including locomotives and marine
• Increase use of cleaner fuels and vehicles
• Transportation Conformity
• Managing State and local programs
• Vehicle inspection and maintenance (I/M)
  on-board diagnostics (OBD)
• Fuels
• Improving data and models

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P2 opportunities with mobile sources
Title II (cont.)

• National Clean Diesel Campaign
• Diesel retrofits
• Idling reduction
• Best Workplaces for Commuters

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EPA Clean Diesel Projects
Title II (cont.)
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Diesel Retrofit Program Highlights
Title II (cont.)

• About 220 cleaner diesel projects nationwide
• 44 states (and DC) have projects
• Over 500 partners are participating
• Clean School Bus USA Flagship Program
• Over 2 million children ride to school in cleaner
  buses each day
• 150 school districts
• About 20,000 buses

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Title IV Acid Rain Program

• In 1990, Congress determined that deposition of
  SO2 and NOx from power plants was causing
  excessive harm to structures and water bodies in
  the Northeast
• In a radical departure from the traditional
  command and control approach, EPA established a
  market based cap and trade program

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Acid Rain Program Goals

• Reduce SO2 emissions by approximately 10 million
  tons per year
• Reduce NOx emissions by approximately 2 million
  tons per year
• Reductions not intended to completely solve the
  deposition problem, but help reverse the trend in
  an economically equitable fashion
• Reductions achieved in two phases the large
  dirties first and everyone else later

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Acid Rain Cap and Trade Concept

• Under a cap and trade each utility is given a
  fixed allotment, or allowance, to emit SO2
• Each allowance corresponds to one ton of
  emissions
• Utilities may install controls, switch fuels, or
  take other pollution prevention measures to stay
  under their allotment
• Or, utilities may buy, sell, barter, or trade
  with other allowance holders to cover their
  allowance requirements
• Market activity has been reasonably robust SO2
  auction this year saw prices at 260-350 for
  7-year advance and 690-750 for spot market
  allowances
• In 2003, over 16 million allowance trades, both
  present and future, were transacted

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Other Cap Trade Features

• Requires extensive emissions monitoring
• Program is largely self enforcing penalties for
  non-compliance far outweigh compliance costs
• Implemented federally, but with field
  assistance from states

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Acid Rain Program A success story

• Cap Trade model has been largely successful
• Since 1995, SO2 emissions in Region 7 have been
  reduced by 865,000 1,000,000 tons (2 billion
  pounds) each year from a 1980 baseline despite a
  24 increase in energy demand since the start of
  the program
• NOx emissions are just now starting to come down,
  mostly in response to the NOx SIP Call and other
  anticipated programs like CAIR and Clear Skies
• The Acid Rain program will likely serve as a
  model for future cap trade programs like CAIR

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P2 opportunities in the acid rain program

• The cap trade program, in contrast to command
  and control, offers broad operational flexibility
  for utilities to switch to less polluting
  alternatives
• Most, if not all, coal-fired utilities in Region
  7 switched to lower polluting Powder River Basin
  coal
• As future cuts become more severe (e.g. CAIR),
  additional P2 opportunities become more limited
  as probability for add-on controls rises

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For more information on the acid rain program

• EPA Clean Air Markets Division, Acid Rain website
• http//www.epa.gov/airmarkets/arp/index.html

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Title VOperating Permits

• For the first time in 1990, Congress authorized
  the Title V operating permits program
• Modeled after the NPDES (water) operating permit
  program
• Built on many existing state and local agency
  permitting programs

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What is the concept behind operating permits?

• Intended to centralize all regulatory
  requirements into one, simple-to-read document
• Not intended to create new requirements, but
  permit can include voluntary measures
• Designed to enhance compliance assurance at
  sources through expanded monitoring and periodic
  compliance certifications
• Provides the basis for states to collect fees
  sufficient to cover program costs.
• Enhances public knowledge about activities taking
  place in its community

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Who runs the operating permit program?

• State and local agencies
• The region provides technical assistance and
  limited oversight to help ensure some level of
  national consistency
• The region, unlike in the NSR program, may
  exercise its option to formally object to a
  permit
• In certain cases, the EPA Administrator may order
  a state to fix defective permit components

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Operating Permit Program Elements

• Minor source program (aka Class II, Class B,
  Intermediate permits)
• Provides mechanism to avoid major source
  operating permit status
• Allows smaller sources that emit hazardous air
  pollutants (HAPs) to accept voluntary limits to
  avoid MACT (maximum achievable control
  technology) standards
• Title V or Part 70 program (aka Class I, Class A
  permits)

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Elements common to all operating permits

• The permit should clearly specify, or reference,
  each source obligation
• Where existing monitoring and recordkeeping is
  insufficient to document compliance, the permit
  may gap fill
• Permits are renewed at five year intervals to
  include the most recent requirements
• The operating permit puts the responsibility of
  certifying compliance squarely on the
  responsible official
• The program is designed to seek full
  participation by the public

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P2 opportunities in the operating permit program

• Voluntary synthetic minor permits may provide
  incentive to source to make raw material
  substitution (e.g. non-VOC coatings, low sulfur
  fuels), minimize waste streams, and improve
  efficiency
• Permits can offer operational flexibility for a
  source to switch to less polluting alternatives
  (to the extent they can define such alternative
  during initial permit issuance or renewal)
  without having to make permit revisions

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For more information on operating permits

• EPAs Operating Permits Website
• http//www.epa.gov/ttn/oarpg/t5main.html
• Region 7 Operating Permits Website
• http//www.epa.gov/region07/programs/artd/air/titl
  e5/titlevhp.htm

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Title VIStratospheric Ozone Protection

• Ozone at higher elevations in the atmosphere
  helps filter harmful radiation from reaching the
  surface of the earth
• For many years, scientists have documented the
  effects of chlorofluorocarbons (CFCs) and other
  ozone depleting substances (ODS) on the
  protective stratospheric ozone layers at the
  earths poles
• Title VI responded by setting phase-out schedules
  for certain classes of ODS, along with aggressive
  recycling requirements for companies performing
  service on ODS-containing equipment

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What is the primary focus of the ODS program?

• Timely phase-out of existing ODS and development
  of safe ozone friendly substitutes
• Motor vehicle air conditioning service and repair
  
• Stationary (residential, commercial and
  industrial) air conditioning service and repair
• Both programs generally involve
• technician training and certification
• Leak repair and recycling requirements

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Who runs the ODS program?

• EPA regional offices carry out the bulk of the
  program
• Respond to public citizen complaints and tips
• Conduct inspections
• Carry out any necessary enforcement
• States assist by providing compliance assurance
  handouts and other materials
• EPA headquarters oversees the Class I and II
  phase-out

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P2 opportunities in the ODS program

• The phase-out of certain ODS forces development
  of safer, more environmentally friendly
  substitutes
• These alternatives are evaluated under EPAs SNAP
  (Significant New Alternatives Policy) program
• Many manufacturing facilities (e.g.
  semi-conductor) that relied on CFCs as a solvent
  cleaning agent have had to find safe, reliable
  alternatives
• To minimize impacts of release of existing ODS
  during repair of large appliances, cooling
  equipment, and vehicle AC, these substances must
  be captured and recycled

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For more information on ODS

• EPAs Ozone Depletion website
• http//www.epa.gov/ozone/

52
Title VIIEnforcement

• Prior to the 1990 Clean Air Act Amendments, EPA
  had reasonably strong enforcement authorities
• Following the Amendments, many of these were
  strengthened further
• In one of the more significant changes, EPA was
  granted authority to seek administrative
  penalties of up to 200K (adjusted by the CPI)
  without a civil court proceeding
• The Act also gave EPA authority to write
  on-the-spot citations and modest fines up to
  5,000. This provision has yet to be implemented
• Subtle changes were also made to the notice of
  violation procedures, removing the continuing
  violation after 30 days barrier

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Who carries out the enforcement priorities

• As with most aspects of the air program, state
  and local agencies have primacy to assure source
  compliance and establish appropriate
  disincentives to noncompliance
• EPA oversees the state and local agency
  activities and concentrates on those that are
  high priority violators
• In recent years, EPA, with assistance from
  states, has focused attention on national sector
  initiatives, such as with refineries, power
  plants, ethanol production facilities, glass
  plants, among others. Many of these cases
  involve NSR and have resulted in significant
  emission reductions and penalties

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P2 opportunities in the compliance and
enforcement program

• This is one of the more flexible arenas in which
  EPA can seek source reduction opportunities
• Often look for environmentally beneficial
  projects in addition to, or in lieu of, add-on
  controls, including
• A switch to powder or low VOC coatings
• Use of alternative fuels with less polluting
  properties
• Raw material substitutes of non-VOC or
  VOC-for-HAP

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For more information on EPAs enforcement program

• EPAs Compliance Enforcement website
• http//www.epa.gov/compliance/

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Progress Toward Clean Air 1970-2003Pollution
Down While Growth Continues