The Clean Air Act

Overview of the Clean Air Acttool kit: multiple strategiescathedral: not put together at one time

Clean Air Act (1970)principles:• by medium • control by technology• major delegation of authority to the EPA

and to the federal government• agency-forcing deadlines• “cooperative federalism”

1977 amendmentsmid-course corrections that reacted to failures of 1970 lawestablished program for attainment areas

1990 amendmentsmore complex; more tools and innovations “fix” of hazardous air pollutantscreation of emissions trading programestablished national permitting programadded requirements in non-attainment areas

Did you know…

Even with all these tools, the CAA doesn’t regulate the air we breathe 75-80 percent of the time? Why?

Major provisionsTwo major titles:

Title 1: stationary sources– sources that emit air pollutants from stacks

Title 2: mobile sources– direct federal regulation of automobile

emissions/fuel

National Ambient Air Quality Standards (NAAQS)

centerpiece of CAASec. 108: EPA set standards for criteria pollutantsSec. 109: Set NAAQS under a rule-making process, reviewed every 5 years• primary standards: protective of human

health, without regard for cost• Secondary standards: protective of welfare

                                                                                                                      

Still…

Despite great progress in air quality improvement, approximately 146 million people nationwide lived in counties with pollution levels above the NAAQS in 2002. Out of the 230 nonattainment areas identified during the 1990 Clean Air Act Amendments designation process, 124 areas remain. (EPA)

setting tougher standardsdifficult to do: usually accomplished only after court orderExample: ozone and particulate standards

EPA ordered to set new standardsSupreme Court upheld EPA standards• Whitman v. American Trucking Assn.

(2001)

States must comply

New ozone standard will increase the number of people living in non-attainment areas

State Implementation Plans (SIPs)(Section 110): states develop a plan to get “clean” air (EPA approves)State sets specific emission limitations for sources within Air Quality Control Regions (AQCR) show “attainment and maintenance” of NAAQS through monitoringAQCR (counties) attainment or nonattainment

ExampleRush Limbaugh, new Governor of Wisconsin, wants to attract more industry to the state. can he:

• vary the NAAQS between AQCRs?• be successful in challenging EPA’s NAAQS

based upon asthmatics and the elderly?• vary the emission limitations for VOCs for

companies?

Old versus new sources

CAA is much more forgiving of existing sources

If a new company that is a major source, or existing company is modified, additional burdens

What must new sources do?

Meet the New Source Performance StandardsMeet the New Source Review for attainment or non-attainment areas

New sources in Non-Attainment AreasIf a major new sources (10 to 100 tpy of criteria pollutant), must get a state permit Permit condition right to build on emissions control AND reductionsOFFSETS (at least 1:1.1) Lowest Achievable Emission Rate (LAER)

New sources in PSD (attainment) areas

1977 amendmentsIf a major source, must get a state permit and demonstrate that will not violate PSD increments use Best Available Control Technology

Example

What must you do if you are a new source?How does location affect your decision?

National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

Sec. 112: EPA regulates air toxinsapply to local areas (such as around chemical plants)1970-1990: health-based standardin 20 years, EPA managed to regulate only 7 HAPs

NESHAPs (1990): technology basedList of 189 air toxinsEPA must come up with Maximum Achievable Control Technology standardsfacilities must comply if emit 10 tpy of any one air toxic, or 25 tpy of any combinationMercury standard

Acid rain trading provisions (1990)

innovative approach to reduce emissions of sulfur dioxide from power plants“cap and trade” system: nationwide cap on total SO2 emissions=8.95 million tpy; 50% reduction over 1980 levelsmarketable allowance=1 ton of SO2 (based upon historic emissions)

Acid rain programPhase I: 110 power plants “big dirties” 1995Phase II: rest of power plants 2000buy, sell or trade allowances through private or public sales (CBOT every March) Allowances are fully marketable commodities.

Volume of allowances

Resultsreduction in SO2 with lower costsMonitoring system to ensure complianceNo “grandfathered” sourcesLots of players in auctionregional transfer of pollution issues—New York

Title V: National Permit System

single document that includes air emission from one sourceresult is a compendium of all emission limitations

Title VI: Stratospheric Ozone Protection

codification of the Montreal Protocol signed by 162 countries in 1987Class I substances

CFCs; halons phased out by year 2000Bush (Sr.) administration accelerated phaseout--no production as of 1996

Class II substances:HCFCs phased out by year 2030, some Class II substances by 2003

Clean Air Act: Title Two

Mobile sources of air pollutionNation’s largest single source of air pollution

Mobile Source ControlsTwo strategies:

control tailpipe emissions (1970 strategy)change fuel (1990 CAAA)

Tighter tailpipe controls

1970 Act: 90% of CO and hydrocarbons by 1975

series of extensions: 1981 achieved reductions

1990 Act: further reductions

Reformulated Gasoline ProgramsYear-round RFG: since 1995, “severe” or “extreme” ozone nonattainment areas (90 counties) must use RFG that is at least 2% oxygen by weight (ethanol and MTBE). MTBE controversy and state bansTransportation conformity requirements