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Clean Air Act

Clean Air Act

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Clean Air Act

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  1. Clean Air Act 42 U.S.C. § 7401 et seq. (1970)

  2. The Common Air Pollutants (Criteria Air Pollutants) • Ozone • VOCs • Nitrogen Dioxide • Carbon Monoxide • Particulate Matter • Sulfur Dioxide • Lead Environmental Law

  3. Ozone and VOCs • Over the past 20 years national ambient ozone levels decreased: • 21 percent based on 1-hour data • 10 percent based on 8-hour data. • Between 1981 and 2000, emissions of VOCs have decreased 32 percent. During that same time period, emissions of NOx increased 4 percent. Environmental Law

  4. Nitrogen Dioxide • Between 1981 and 2001 • monitored levels of NO2 decreased 14 percent • All areas of the country that once violated the national air quality standard for NO2 now meet that standard • While levels around urban monitors dropped, national emissions of nitrogen oxides increased by 4 percent • Causes primarily due to nitrogen oxides emissions from diesel vehicles Environmental Law

  5. Carbon Monoxide • Between 1981 and 2000: • Ambient average CO concentration dropped 61 % • CO emissions levels decreased 18 % • Between 1991 and 2000: • Ambient CO concentrations decreased 41 percent • Estimated number of exceedances of the national standard decreased 95 percent • while CO emissions fell 5 percent. • This improvement occurred despite a 24 percent increase in vehicle miles traveled in the United States during this 10-year period. Environmental Law

  6. Particulates • Between 1991 and 2000, average PM10 concentrations decreased 19 percent, while direct PM10 emissions decreased 6 percent. Environmental Law

  7. Sulfur Dioxide • Between 1981 and 2000: • Average SO2 ambient concentrations decreased 50 percent • Emissions of SO2 dropped 31 percent • Between 1991–2000 : • Ambient SO2 decreased 37 percent • Emissions of SO2 dropped 24 percent Environmental Law

  8. Air Pollution in Selected World Cities 1995 Environmental Law

  9. Environmental Law

  10. Title I - Air Pollution Prevention and Control • Title I - Air Pollution Prevention and Control • Part A - Air Quality and Emission Limitations • Part B - Ozone Protection (replaced by Title VI) • Part C - Prevention of Significant Deterioration of Air Quality • Part D - Plan Requirements for Nonattainment Areas Environmental Law

  11. Title II - Emission Standards for Moving Sources • Part A - Motor Vehicle Emission and • Fuel Standards • Part B - Aircraft Emission Standards • Part C - Clean Fuel Vehicles Environmental Law

  12. Title III - General • Title IV - Acid Deposition Control • Title V - Permits • Title VI - Stratospheric Ozone Protection Environmental Law

  13. Title I Selected Sections of Part A — Air Pollution Prevention and Control

  14. §107. Air Quality Control Regions • State has authority to set air quality control regions for primary and secondary air quality control • Contains a mechanism for reclassifying an air quality control region as long as certain conditions are met • Includes ozone, carbon monoxide and particulates, lead Environmental Law

  15. §108. Air quality criteria and control techniques • Specific Air Quality Criteria • Control Devices for Mobile Sources • Identifies Programs for Source Reduction • RACT/BACT/LAER Clearinghouse Environmental Law

  16. § 109. National ambient air quality standards • a national primary ambient air quality standard and a national secondary ambient air quality standard for each air pollutant for which air quality criteria • a thorough review of the § 108 criteria every five years and the national ambient air quality standards promulgated under this section and revise the criteria based on the review Environmental Law

  17. §109 (cont.) • Independent scientific review committee composed of seven members including at least one member of the National Academy of Sciences, one physician, and one person representing State air pollution control agencies Environmental Law

  18. § 110. Implementation plans • Each state shall develop a plan which provides for implementation, maintenance, and enforcement of such primary (and secondary) standard in each air quality control region (or portion thereof) within such State Environmental Law

  19. Title I • § 111. Standards of performance for new stationary sources • BACT for standard pollutants • Categories of Stationary Sources • Standards of Performance for new Sources • Enforcement Authority • Guides for State Plans Environmental Law

  20. § 112. National emission standards for hazardous air pollutants • Any Stationary Source ≥ 10 tons/yr any hazardous air pollutant or ≥ 25 tons/yr of any combination of hazardous air pollutants • List of Hazardous Air Pollutants and mechanism to add to the list • LAER • Special Sections on Coke Ovens, Boat Manufacture, POTWs Environmental Law

  21. § 112. National emission standards for hazardous air pollutants • System to assure compliance with new construction • Compliance schedule with existing sources • Special Section on coke oven emissions • Monitoring system to collect data on ambient conditions • National Strategy to reduce emissions • State program authority Environmental Law

  22. PORK • (p) Mickey Leland Urban Air Toxics Research Center.- (1) Establishment.- The Administrator shall oversee the establishment of a National Urban Air Toxics Research Center, to be located at a university, a hospital, or other facility capable of undertaking and maintaining similar research capabilities in the areas of epidemiology, oncology, toxicology, pulmonary medicine, pathology, and biostatistics. The center shall be known as the Mickey Leland National Urban Air Toxics Research Center. The geographic site of the National Urban Air Toxics Research Center should be further directed to,Harris CountyTexas,in order to take full advantage of the well developed scientific community presence on-site at the Texas Medical Center as well as the extensive data previously compiled for the comprehensive monitoring system currently in place. Environmental Law

  23. 1990 Amendment to §112 • A list of 100 substances that when accidentally released are known to cause or may reasonably be anticipated to cause death, injury, or serious adverse effects to human health or the environment • The initial list shall include chlorine, anhydrous ammonia, methyl chloride, ethylene oxide, vinyl chloride, methyl isocyanate, hydrogen cyanide, ammonia, hydrogen sulfide, toluene diisocyanate, phosgene, bromine, anhydrous hydrogen chloride, hydrogen fluoride, anhydrous sulfur dioxide, and sulfur trioxide. Environmental Law

  24. 1990 Amendment to §112 (Cont.) • Establishes the National Chemical Safety Board • To review chemical accidents and releases • Establish procedures for reporting releases to the National Chemical Safety Board • Owners/Operators develop risk management plans to detect and prepare response plans to accidental releases Environmental Law

  25. § 114. Inspections, monitoring, and entry • Requires owners/operators to: • Establish and maintain records • Report • Monitor • Sample • Records of control equipment performance • Submit compliance certification • Allows government access to site and records Environmental Law

  26. § 118. Federal Compliance • Requires all federal, state and local governments to meet the same requirements as private entities • Exemption on §111 not allowed, §112 only under specific conditions that are specified • Government vehicles must meet inspection and maintenance requirements Environmental Law

  27. Title I Part C - Prevention of Significant Deterioration of Air Quality (PSD)

  28. Part C – Subpart 1 Clean Air • §160. purpose/introduction • §161. requires PSD plan • §163. defines national parks covered by PSD plan, sets ceilings for specific pollutants • §164. Allows states to redesignate parks into Class I with conditions • §165. Permits and restrictions on construction Environmental Law

  29. Part C – Subpart 2 Visibility Protection • § 169a. Visibility protection for federal class I areas • Studies, selection of sites, control measures, regulatory authority mainly directed toward: • Power plants (determining best available retrofit technology) • Other stationary sources such as: coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators, etc. Environmental Law

  30. Part C – Subpart 2 Visibility Protection • §169b. Visibility • Evaluate sources of visibility impairment and Regions of impairment and provide clear visibility in Class I regions • Establish Visibility Transport Regions/Commissions, which will: • Study sources • Make recommendations for control in transport region for clean air corridors and restriction of new construction Environmental Law

  31. Title I Part D - Plan Requirements for Nonattainment Areas Subpart I General Areas

  32. §172. NONATTAINMENT PLAN PROVISIONS IN GENERAL • Areas designated under §107(d) • Primary have 10 years to reach attainment using techniques “as expeditiously as practicable” • Secondary must meet the standards “as expeditiously as practicable” • Must use RACT—Reasonably Available Control Technology Environmental Law

  33. Discussion Question If the ozone in an area exceeds the control level due to natural conditions, not conditions induced by man, must the area still meet the standard? Environmental Law

  34. §173. Permits • If a stationary source operates in a nonattainment area, it may be required to reach LAER—Lowest Available Emission Rate Environmental Law

  35. §174. Planning Procedures • Specifies that the state must work with adjacent states if areas overlap • Provides a list of those who must be involved in the process • Sets dates by when the plan should be final • Specifies approval process Environmental Law

  36. §175(a) Maintenance • If an area achieves attainment, the state must develop a plan to maintain that status for ten years • The plan must be reviewed every eight years • Requirements for corrections Environmental Law

  37. §176(a) Interstate Transport Commissions • When pollutants transport from one state to another, allows Interstate Transport Commissions by the EPA Administrator Environmental Law

  38. §177. New Motor Vehicles • In Nonattainment Areas allows stricter standards for motor vehicles than the national standard • The California Standard is applied in Nonattainment areas. Environmental Law

  39. §179. Sanctions • Can prevent state from receiving federal funding for highway construction and other transportation projects such as mass transit. Environmental Law

  40. Title I Part D - Plan Requirements for Nonattainment Areas SUBPART 2 - Additional Provisions for Ozone Nonattainment Areas

  41. §181. Attainment Dates for Ozone Levels Environmental Law

  42. §183. Federal Ozone Measures • Control Technique Guidelines (CTGS) for VOC sources within 3 years • Compliance with CTGS 36 months after issue • Alternative Control Techniques • Guidance for cost-effectiveness • Defines BACT—Best Available Control Technology Environmental Law

  43. BACT • The term "best available controls" means the degree of emissions reduction that the Administrator determines, on the basis of technological and economic feasibility, health, environmental, and energy impacts, is achievable through the application of the most effective equipment, measures, processes, methods, systems or techniques, including chemical reformulation, product or feedstock substitution, repackaging, and directions for use, consumption, storage, or disposal. Environmental Law

  44. §183. Cont. • Tank Vessel Standards • Study to determine whether a design value used by EPA is an appropriate predictor of Ozone air quality. Environmental Law

  45. §184. Control of Interstate Ozone Pollution • A single transport region for ozone (within the meaning of section 176A(a)), comprised of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District of Columbia, is hereby established by operation of law. Environmental Law

  46. §184. Control of Interstate Ozone Pollution (Cont.) • Allows additional control measures to be required Environmental Law

  47. Part D - Plan Requirements for Nonattainment Areas • SUBPART 3 - Additional Provisions for carbon monoxide nonattainment areas • SUBPART 4 - Additional Provisions for particulate matter nonattainment areas • SUBPART 5 - Additional provisions for designated nonattainment for sulfur oxides, nitrogen dioxide, or lead Environmental Law


  49. Part A - Motor Vehicle Emission and Fuel Standards • §202. Establishment of standards • standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare • Automobiles after 1983 • Heavy duty trucks and motorcycles after 1990 • Schedule for onboard vapor recovery Environmental Law

  50. Part A - Motor Vehicle Emission and Fuel Standards • §206(a) Compliance Demonstration of: • New motors • New motors in operating cars with emission control system • Allows EPA to issue a certificate of conformity for new cars and imports • Can require testing by manufacturer Environmental Law