Clean Air ActThe Federal Clean Air Act, passed in

1970 and last amended in 1990, forms the basis for the national air pollution control effort.

Clean Air Act elementsThe Act’s 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

Air BasinsAir 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 region’s topographic features that restrict air movement.

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.

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.

Ozone standardThe 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.

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:

“2:1 offsets” on new or modified emission sources;

Federal highway fund withholdings.

2:1 sanctionsThe 2:1 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.

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 2:1 offsets are deemed ineffective.

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.

ConformityConformity 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.

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.

Where we are nowThe 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.