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Clean Air Act

Clean Air Act. SAFE 210. Purpose. Protect public health and regulate air emissions Addresses both stationary and mobile sources. Major Amendments. 1970 – Established National Ambient Air Quality Standards (NAAQS), State Implementation Plans (SIPs), and new source performance standards

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Clean Air Act

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  1. Clean Air Act SAFE 210

  2. Purpose • Protect public health and regulate air emissions • Addresses both stationary and mobile sources

  3. Major Amendments • 1970 – Established National Ambient Air Quality Standards (NAAQS), State Implementation Plans (SIPs), and new source performance standards • 1977 – Established Prevention of Significant Deterioration (PSD) program, nonattainment provisions, expanded HAPs • 1990 – Established requirements for areas that do not meet NAAQS, tightened mobile sources, established permit program

  4. Major Components of CAA • Title I: National Ambient Air Quality Standards (NAAQS) • New Source Performance Standards (NSPS) • NSR/Prevention of Significant Deterioration (PSD) • State Implementation Plans • Title II : Mobile Sources and Clean Fuels • Title III: Hazardous Air Pollutants (HAPs) • MACT/NESHAPs • Title IV: Acid Deposition Control • Title V: Operating Permits • Title VI: Stratospheric Ozone Protection

  5. NAAQS Program • Established standards for six pollutants (“criteria pollutants”) • Sulfur dioxide (SO2) • Nitrogen dioxide (NO2) • Particulate matter (PM) • Carbon monoxide (CO) • Ozone (O3) • Lead (Pb)

  6. NAAQS Program • Primary vs secondary standards • Primary: for the protection of public health, including “sensitive” populations • Secondary: for the protection of public welfare from any known or anticipated adverse effects such as decreased visibility, damage to wildlife, crops, vegetation, and buildings • Attainment vs nonattainment

  7. Non-attainment Areas • Ozone • Marginal, moderate, serious, severe, extreme • CO • Moderate or serious • PM • Moderate or serious

  8. New Source Performance Standards (NSPS) • 40 C.F.R. Part 60 • Applies to specific source categories • Currently 70+ NSPS

  9. New Source Review/Prevention of Significant Deterioration • New Source Review (NSR) – For nonattainment areas. • Prevention of Significant Deterioration (PSD) – For attainment or “clean” areas

  10. State Implementation Plans • Enforceable emission limitations • Air quality data • Enforcement • Interstate air pollution • Adequate personnel, funding, and authority • Monitoring and emission data • Contingency plans • Preconstruction review • Permit fees1 1 Sullivan, Thomas F.P. et al., Environmental Law Handbook. Sixteenth ed. Rockville, MD 2001.

  11. State Implementation Plans • SIP for nonattainment areas • Reasonably available control technology (RACT) • Reasonable further progress • Inventory of current emissions • Permits for new and modified major stationary sources • Quanitifcation of new emissions to be allowed • Contingency measures • Equivalent techniques2 2 Sullivan, Thomas F.P. et al., Environmental Law Handbook. Sixteenth ed. Rockville, MD 2001.

  12. Mobile Sources and Clean Fuels • New emission standards • Refueling controls • Oxygenated fuels • Low vapor pressure fuels

  13. Hazardous Air Pollutants (HAPs) • 189 HAPs established • Maximum Achievable Control Technology (MACT) • National Emission Standards for Hazardous Air Pollutants (NESHAP)

  14. Acid Deposition Control • Established by 1990 Amendments • Reduction of sulfur dioxide and nitrogen oxide emissions • Establishment of an “allowance program”

  15. Title V Operating Permits • Major source • 10 tons/year of a single HAP • 25 tons/year of a combination of HAPs • Potential to emit (PTE) • Created penalty structure

  16. Title V Operating Permits • Sources Requiring Operating Permit • Major HAP sources • Major sources under NAAQS • All affected sources under Title IV • All sources subject to NSPS • Components of Permit

  17. Ozone Protection • Phase-out of ozone depleting substances • Requires labeling of products manufactured with CFC’s • Requires certification for HAVC maintenance personnel • Auto servicing provisions

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