Air Regulations and Public Policy

1. Reading: Chap 8 Air Regulations and Public Policy • Pre-Federal Legislative History • Regulatory Strategies • Clean Air Act and its Amendments • State and Local Air Pollution Control Functions • Public Policy Issues

2. Regulatory History • Control ordinances in several large cities in early part of 20th century to control “smoke” produced by a variety of industrial activities • PM level in Chicago/Cleveland/Pittsburgh 1 – 10 mg/m3 • “While Pittsburgh could be demonically picturesque by night, by day it was dismal. For Parton a Pittsburgh dawn was “as dark as midnight”. The city kept its gaslights on in the daytime and on some days would only see the sun for half an hour around 2 pm. For Glazier on “a dismal autumn, when the air was heavy with moisture and the very atmosphere looked dark, all the romance had disappeared” On such a day “then Pittsburgh herself was a smoky dismal city at her best … at her worst, nothing darker, dingier or more dispiriting could be imagined” Gugliatti, 2004 • “Smoke had at least some beneficial properties, e.g. as a germicide”; “the smoky atmosphere was the index of prosperity for the town”; “economically viable alternatives”

3. Ordinances not effective. Any reason why? LA, USA Regulatory History • Early environmental reformers did not seek a return to nature, but to preserve the economic benefits of the industrial system and to work for a better urban environment. • California’s 1950s initiatives due to worsening smog problems in southern CA • State activities in 1960s • Federal authority post-1969

4. Examples? What equities? Non-Regulatory Options What could citizens do to abate air pollution before air regulations were in place? • Legal principles • Nuisance: an intentional or negligent act that results in an unreasonable interference with the use and enjoyment of one’s property • Trespass: physical violation of a landowner’s right to exclusive possession of one’s property • The plaintiff • Must prove individual harm • Can seek “monetary redress” • Can seek “injunctive relief” • Court must balance equities in making decision www.cnn.com/.../index.html

5. Regulatory Strategies If you are the administrator of the USEPA, what will be your strategies to improve environmental quality? • Air quality management • Emission standards • Economic approaches

6. Is there standard for carcinogen in NAAQS? Who may be more sensitive? For the same pollutant, is the ambient standard more stringent than occupational standards? Why? Why is implementation complicated? Air Quality Management • Based on concept that pollutant exposures below threshold values are relatively safe (i.e. some level of atmospheric air pollution is acceptable and legally permissible) • Air Quality Standards: Legal limits on atmospheric concentration of regulated pollutants; • Need to be based on scientific data • Need to provide an “adequate margin of safety” with special consideration for those who may be most sensitive • Implementation • Very complex • Requires a major air quality monitoring effort

7. Why is it easier to implement than Air Quality Management? Emission Standards • Maximum quantities of a pollutant or pollutants that are allowed to be emitted from specific sources - same for all sources in a category • RACT – Reasonably Available Control Technology • Economic, technical and political practicality • Applied to new or significantly modified existing sources (NSPS) • BACT – Best Available Control Technology • To achieve the highest degree of emission reduction is capable of, with a limited consideration of capital and operating cost • Applied to new coal-fired utilities in Class I PSD • MACT - Maximum Achievable Control Technology • Higher degree of control than BACT • For Hazardous Air Pollutants (HAPs) (NESHAP) • Easy to implement and administer

8. What problems are associated with such an approach? Economics-Based Approaches • Cost-benefit analyses: quantification of all damage costs and costs of control • Degree of control that provides the greatest reduction of damages per unit cost

9. Any problem with pollution charges? Market-Based Policies • Bubble Policy • Groups of plants may increase their emissions at one or more sources by decreasing emission to a more significant degree at other sources within a facility • Excess emission reductions may be banked or traded • Emissions Trading • Emission reduction credits (ERCs) may be sold or traded to other corporations to meet regulatory requirements • Emission Allowances • A source is allowed to emit so many units of regulated pollutant • Sources can employ emission reduction approaches that they deem to be cost-effective • Pollution charges • Encourage sources to reduce emissions when marginal control cots are equal to pollution charge rates

10. Federal Legislation

11. 1955, 1960, 1962 Legislation • Public Health Service authorized to • Conduct research and training programs • Provide technical assistance to state and local governments • Affirm that state and local governments had the fundamental responsibility for air pollution control • 1960/62 Amendments: special focus on motor vehicles and SO2 www.sciam.com/article.cfm?chanID=sa003&articl...

12. 1963 Clean Air Act • Grants for program development and improvement of local/state air pollution control efforts • Research/technical/training assistance • Federal responsibility for automobile and SO2 pollution research • Federal research responsibility for interstate air pollution problem

13. 1965 Motor Vehicle Air Pollution Control Act • Authorized promulgation of auto emissions standards • Authorized formation of National Air Pollution Control Administration (NAPCA) 1967 Air Quality Act • Required development of • Federal air quality criteria • State air quality standards • Interstate air quality control regions (AQCRs)

14. How many are there in FL? 1970 Clean Air Act Amendments (CAAA) • Set uniform National Ambient Air Quality Standards (NAAQS) – see also Introduction, Health Effects • Require State Implementation Plans (SIPs) to achieve NAAQS • Immediately designate AQCRs • Set New Source Performance Standards (NSPS) • Set National Emission Standards for Hazardous Air Pollutants (NESHAPs) • Set stringent automobile exhaust emission standards and standards for fuel additives • Allowing the right of citizen suits • Providing for federal enforcement authority in air pollution emergencies and interstate and intrastate air pollution violations

15. What if it’s not approved by EPA? State Implementation Plans • Individual states are required to develop and submit plans for their implementation, enforcement and maintenance. • State must have legal authority to enforce provisions • Prepared for each AQCR • Prepared for each regulated pollutant • Must be approved by USEPA • Must include episode plan Fire from railroad in Sacramento, CA Mar 16, 2007 http://www.sacbee.com/

16. What’s the definition of “new source”? Use RACT, BACT or MACT? What are the pollutants regulated by NSPS? New Source Performance Standards (NSPS) • To require installation of control measures during construction, when they are least expensive. • Existing AQ not a factor in determining emission limits

17. Use RACT, BACT or MACT? Why is the designation of HAP so difficult? en.wikipedia.org/wiki/Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAPs) • Pollutants more hazardous than criteria pollutants; hazards not limited to human health • Difficult to determine safe level • Sources - localized exposures • Cost of control not a factor • Regulated 7 pollutants in 20 yr: Mercury, Asbestos, Beryllium, Arsenic, Benzene, Radioactive isotopes, Vinyl chloride • Replaced by Air Toxics provisions of the 1990 CAAA • Now includes additional 182 pollutants • Regulated using technology - based standards

18. Why would EPA be reluctant to implement provisions in clean air legislation? What kind of suits has EPA faced? Citizen Suits • Gives citizens standing in federal courts • Right to sue U.S. EPA: make it accountable when its actions are deemed to conflict with clean air legislation and regulatory requirements • Right to sue pollution source Enforcement • USEPA given authority to take enforcement actions • Administrative orders • Fines • Criminal penalties • Most enforcement takes place at state level; USEPA enforcement authority serves as a backup

19. Are new sources allowed in non-attainment areas? 1977 CAAA • Non-attainment policies • Postponement of compliance deadlines • Set Prevention of Significant Deterioration (PSD) • Regulation of Ozone Destroying Chemicals (ODCs) Non-attainment of AQ Standards • Nonattainment - many states did not attain 1 or more primary NAAQS in 1975. In response • Designation of non-attainment areas • Offset policy • Lowest Achievable Emission Rate (LAER) requirements • Postponement of deadlines (1977 and 1990 CAAAs)

20. Prevention of Significant Deterioration (PSD) • Designed to protect pristine air • Visibility is primary focus of protection • 3 PSD categories • Class 1: areas around and including National Parks, National Wilderness Areas, National Monuments of certain minimum size • Class 2: areas around National Forests and other public lands • Class 3: areas to be protected up to secondary standards for SO2 and PM

21. PSD - Allowable Increments Regulation of Ozone Destroying Chemicals (ODCs) • USEPA banned non-essential uses of CFCs in 1978 • Authority was used to comply with Montreal protocol

22. 1990 CAAA • Postponement of NAAQS attainment deadlines • Authority to regulate acidic deposition • New toxic pollutants provisions (see NESHAP) • New authority to regulate ODCs • New permitting requirements • New requirements for motor vehicles

23. How many non-attainment areas in Florida? Where are the hot-spots of non-attainment areas nationwide? NAAQS - Attainment Dates under 1990 CAAA

24. Acidic Deposition Control • Goal of reducing emissions of SO2 and NOx using economics-based approach • SO2 -10 million tons/yr • NOx - 2 million tons/yr • Control requirements focused on large coal-burning power plants • 2005: Clean Air Interstate Rule (CAIR) to reduce air pollution that moves across state boundaries: • 2015: reduces 70% SO2 and 60% NOx from the 2003 level for 28 eastern states and DC.

25. New Authority to Regulate ODCs • Listing Class I & II of ODC substances (see Atmospheric Effects) • Accelerated phase-out for Class I & II substances • Labeling requirements for Class I & II substances • National recycling and emission reduction program • Servicing of motor vehicle air conditioners • Regulating non-essential products containing CFCs • A policy for development of safe alternatives • International cooperation

26. Why is a permit needed for operating control equipment? Permitting • Significant new requirements under 1990 CAAAs • Facilitate compliance by placing the burden of proof on emission sources • Must have permit to • Emit pollutants • Operate pollution control equipment • Operate new facility

27. Motor Vehicle Emissions Control • Emission sources • Exhaust – NMHCs, CO, NOx • Blow-by gases – NMHCs • Evaporative emissions - NMHCs • 1970 CAA Amendments • 90% reduction of NMHCs and CO by 1975 model year • 90% reduction of NOx by 1976 • Discretionary one-year postponement • Assumed that technology would be available • USEPA given authority to regulate fuel additives

29. Motor Vehicle Emission Standards • 1974 Energy Supply and Coordination Act • Postponed emission standards until 1977 model vehicles • USEPA given authority to impose interim standards • 1977 CAA Amendments • Further postponed deadlines • USEPA given discretion to postpone standards requirements • Relaxed NOx standards

30. Why targeting cold start? What’s the use? Motor Vehicle Emission Standards • 1990 CAA Amendments • Required achievement of 1970 CO and NOx standards • Required increased reductions of NMHCs • Emission reductions phased in through 1995 • Cold start standards • Onboard vapor recovery systems • Control NMHC emissions during vehicle refueling • Onboard diagnostic systems • Standards based on vehicle operating- life of 50,000 & 100,000 miles • Clean fuel vehicles and Clean fleets

31. Why disabling? Is there a vehicle inspection program in Alachua? What’s the purpose of these fuels? Motor Vehicle Emission Standards • Trucks have less stringent requirements • New emission limits in 1990 CAAA for Light-duty trucks and Heavy-duty trucks • Anti-tampering requirements • willful disabling of emission control systems • Inspection and maintenance (I&M) • 50% of emissions are associated with 10% of the motor vehicle population with poorly/malfunctioning emission control • Fuel Additives and Cleaner Fuels • Phase-out of leaded gasoline • Low sulfur fuel; low volatility gasoline during high O3 season • Reformulated and oxygenated fuels

32. Does GRU submit a permit for new plant to USEPA or FDEP? State and Local Functions • States required to submit SIPs • State can assume responsibility for NSPS, NESHAP, ”Air Toxics”, PSD reviews, new source reviews (NSRs), etc • States • Write rules and regulations • Enforce rules and regulations

33. State Regulatory Responsibilities • Control boards • Write rules and regulations • Adjudicate violations • Administration • Administer regulatory requirements • Investigate potential violations of clean air regulations • Recommend enforcement actions • Recommend changes in regulations • Attorney Generals • Responsible for initiating enforcement actions in courts on behalf of regulatory agencies

34. Public Policy Issues • New Source Review (NSR) • Revised NAAQS for O3 and PM 2.5 • Global warming • Motor vehicle emission regulation New Source Review • Sources regulated under NSPS and PSD • Issue of what is a significantly modified existing source under NSPS • Major issue with coal-fired power plants constructed before 1970 • Clinton Administration policies vs. Bush Administration policies

35. Revised O3 and PM 2.5 NAAQS • O3 • 1997, 1 hr standard (120 ppb) replaced by 8 hr standard (80 ppb) • PM • 1997, EPA established new PM2.5 standards: annual (15 g/m3) and 24 hr (65 g/m3) and retained annual PM10 standard (50 g/m3) • 2006, EPA revoked annual PM10 standard and lowered 24 hr PM2.5 standard (35 g/m3) Why 2.5 instead of other number? What are the bases for these changes?

36. How will you propose to achieve the targets? Global Warming • 1992 Earth Summit in Rio de Janeiro • 1997 Kyoto Protocol • Worldwide reduction of C-based gas emissions by 5.2% below 1990 levels by 2012: EU 8%, US 7%, JP 6%, Russia and Ukraine stabilize at 1990 level, no requirement for developing countries • Flexibility in achieving the targets • U.S. senate did not ratify it: due to exemption of large C emitters and its impact on US economy • Treaty renegotiated in 2001 w/o US participation (US consumes 25% of the World’s C-based fuels and the largest per capita consumption of energy) • UK and Germany’s 2007 Global Warming Policies • NE States and CA’s policies

37. Why are motor vehicle emissions still a dominant source even the efficiency has improved a lot? Motor Vehicle Emission Regulation • 80% less per car than they were in the mid 60s, though nationally still account for 50% HCs/NOx emission, 90% CO and 50% HAPs • Future directions: other than pollution control • Transportation control • Fuel economy • Alternative fuel – Hybrid, H2 Fuel Cell

38. Quick Reflection