The Clean Air Act

(CAA)

One of these days when the mischief is fully done, when our once pellucid and crystalline atmosphere is transformed into Chicago reek, and Pittsburgh smoke and London fog, men will begin to realize what they have lost, and will hold conventions, and pass resolutions, and enact laws, and spend great sums of money for the undoing of the mischief and the restoration of our atmosphere to its original state. Editorial, New York Tribune, May 11, 1899

Clean Air Act Approaches

Harm-based Best Available Technology Technology-forcing Market-enlisting

CAA Pollutants
Three kinds of pollutants under the CAA:
criteria hazardous other regulated pollutants

Criteria Pollutants
Defined as
come from numerous, diverse sources endanger public health and welfare (this is the same for all regulated pollutants)

7 criteria pollutants now More can be added (GHGs??)

carbon monoxide (CO)

major source: motor vehicles; heavy a lot on the roads; bonds with hemoglobin in the blood; impairs mental and fetal development; catalytic converters help.

lead (Pb)
major source: leaded gasoline; one major success story in the U.S.

nitrogen oxide (NOx)

forms when air is heated (N + O + heat); major source: cars, powerplants; aggravates, impairs visibility and plant growth

ozone
ozone secondary pollutant; hydrocarbons + VOCs + sunlight; aggravators

sulfur dioxide (SO2)

major source: coal and oil burning; aggravates respiratory disease; controls: low sulfur coal, scrubbers

ACID RAIN Thirty years ago, scientists and fishermen began noticing an alarming decline in animal and plant life in lakes and forests throughout the eastern United States. A National Academy of Sciences report pinpointed the source of the problem: sulfur dioxide emissions, mostly from coal-fired power plants. SO2 was causing rain and snow to turn acidic, and that acid rain was killing aquatic life and damaging forests. Source: EDF, Acid rain: The power of markets to help the planet

CAA 108 EPA, List criteria pollutants

(a) Air pollutant list; publication and revision by Administrator; issuance of air quality criteria for air pollutants (1) For the purpose of establishing national primary and secondary ambient air quality standards, the Administrator shall within 30 days after December 31, 1970, publish, and shall from time to time thereafter revise, a list which includes each air pollutant
(A) emissions of which, in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare; (B) the presence of which in the ambient air results from numerous or diverse mobile or stationary sources; and (C) for which air quality criteria had not been issued before December 31, 1970 but for which he plans to issue air quality criteria under this section.

CAA 109 EPA, Promulgate NAAQS

(a) Promulgation (1) The Administrator
(A) within 30 days after December 31, 1970, shall publish proposed regulations prescribing a national primary ambient air quality standard and a national secondary ambient air quality standard for each air pollutant for which air quality criteria have been issued prior to such date; and (B) after a reasonable time for interested persons to submit written comments thereon (but no later than 90 days after the initial publication of such proposed standards) shall by regulation promulgate such proposed national primary and secondary ambient air quality standards with such modifications as he deems appropriate.

CAA 109 EPA, Promulgate NAAQS

(b) Protection of public health and welfare (1) National primary ambient air quality standards, prescribed under subsection (a) of this section shall be ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are requisite to protect the public health. Such primary standards may be revised in the same manner as promulgated.

CAA 110 States, Develop SIPs

(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems
(1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under section 7409 of this title for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State . . .

NAAQS Program
Criteria Pollutants:
Defined as
coming from numerous, diverse sources endanger public health and welfare (this is the same for all regulated pollutants) (or ones for which EPA already developed criteria pursuant to CAA of 1963)

CAA requires EPA to:

List criteria pollutants Develop criteria for them Promulgate NAAQS uniform national containing adequate margin of safety

To Meet NAAQS:
State Implementation Plans (SIPs) New Source Performance Standards (NSPS) for Stationary Sources Motor Vehicles Emissions Standards

Stationary v. Mobile
Stationary Sources
SIPs (State Implementation Plans) - prescriptions for how each state would regulate its stationary sources - STATE BUT: major new pollution sources New Source Performance Standards (NSPS) require stationary sources to employ Best Available Technology (BAT) - FEDERAL

Mobile Sources
Single national standard for motor vehicle emissions (exception: California)

Prevention of Significant Deterioration (PSD)

What about clean areas? Current air quality is the baseline only a small incremental amount of pollution can be added to the baseline.

NAAQS Compliance
Originally, states were supposed to achieve compliance with the NAAQS within three years of the approval by EPA of their SIP. 1977 only reasonable further progress required; existing sources required to employ Reasonable Available Control Technologies (RACT); major new sources required to achieve Lowest Achievable Emissions Rate (LAER) and to offset their new pollution through reductions at other facilities in the area

NAAQS Compliance, contd

1990 strict compliance dates for SIPs; specific sanctions cutoffs of federal highway funds FIP (federal implementation plan) within two years of a states failure to submit an adequate SIP.