The Clean Air Act

1. The Clean Air Act

2. Overview of the Clean Air Act • tool kit: multiple strategies • cathedral: not put together at one time

3. 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”

4. 1977 amendments • mid-course corrections that reacted to failures of 1970 law • established program for attainment areas

5. 1990 amendments • more complex; more tools and innovations • “fix” of hazardous air pollutants • creation of emissions trading program • established national permitting program • added requirements in non-attainment areas

6. Did you know… • Even with all these tools, the CAA doesn’t regulate the air we breathe 75-80 percent of the time? Why?

7. Major provisions • Two major titles: • Title 1: stationary sources • sources that emit air pollutants from stacks • Title 2: mobile sources • direct federal regulation of automobile emissions/fuel

8. National Ambient Air Quality Standards (NAAQS) • centerpiece of CAA • Sec. 108: EPA set standards for criteria pollutants • Sec. 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

10. 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)

11. setting tougher standards • difficult to do: usually accomplished only after court order • Example: ozone and particulate standards • EPA ordered to set new standards • Supreme Court upheld EPA standards • Whitman v. American Trucking Assn. (2001) • States must comply

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

14. 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 monitoring • AQCR (counties) attainment or nonattainment

15. Example • Rush 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?

16. 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

17. What must new sources do? • Meet the New Source Performance Standards • Meet the New Source Review for attainment or non-attainment areas

18. New sources in Non-Attainment Areas • If 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 reductions • OFFSETS (at least 1:1.1) • Lowest Achievable Emission Rate (LAER)

19. New sources in PSD (attainment) areas • 1977 amendments • If a major source, must get a state permit and demonstrate that will not violate PSD increments • use Best Available Control Technology

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

21. National Emissions Standards for Hazardous Air Pollutants (NESHAPs) • Sec. 112: EPA regulates air toxins • apply to local areas (such as around chemical plants) • 1970-1990: health-based standard • in 20 years, EPA managed to regulate only 7 HAPs

22. NESHAPs (1990): technology based • List of 189 air toxins • EPA must come up with Maximum Achievable Control Technology standards • facilities must comply if emit 10 tpy of any one air toxic, or 25 tpy of any combination • Mercury standard

23. 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 levels • marketable allowance=1 ton of SO2 (based upon historic emissions)

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

25. Volume of allowances

26. Results • reduction in SO2 with lower costs • Monitoring system to ensure compliance • No “grandfathered” sources • Lots of players in auction • regional transfer of pollution issues—New York

27. Title V: National Permit System • single document that includes air emission from one source • result is a compendium of all emission limitations

28. Title VI: Stratospheric Ozone Protection • codification of the Montreal Protocol • signed by 162 countries in 1987 • Class I substances • CFCs; halons phased out by year 2000 • Bush (Sr.) administration accelerated phaseout--no production as of 1996 • Class II substances: • HCFCs phased out by year 2030, some Class II substances by 2003

29. Clean Air Act: Title Two

30. Mobile sources of air pollution • Nation’s largest single source of air pollution

31. Mobile Source Controls • Two strategies: • control tailpipe emissions (1970 strategy) • change fuel (1990 CAAA)

32. Tighter tailpipe controls • 1970 Act: 90% of CO and hydrocarbons by 1975 • series of extensions: 1981 achieved reductions • 1990 Act: further reductions

33. Reformulated Gasoline Programs • Year-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 bans • Transportation conformity requirements