Management of National Air Quality

Emission Standards

Air Quality Standards

Pollution Taxes

Cost - Benefit Analysis

Risk Standards

Air Pollution

Often disregarded as a health and safety issue.

May not have been properly appreciated by the public.

Serious health related problems take a long time to show up

as a result of exposure to air pollutants.

The health costs of air pollution traditionally have been

greatly under-estimated.

Water Pollution

Problems are more noticeable and immediate in their

effect.

Often recognized before it reaches crisis proportions.

Public complaints are immediate.

Kinds of Law

Common Law

The body of law that has grown out of common tradition

and usage, as stated in court decisions - usually concerns

private rights

Statute Law

The body of law that has been passed by legislators (e.g:

US Congress) and stated in formal documents - usually

concerns rights of general public

Statute laws usually do not take away a citizen's right to sue

Other Legal Terms

Tort : A willful or negligent injury to a person, property, or reputationNuisance : Unlawful invasion of a possessor's interest in the reasonable use and enjoyment of property

Private Nuisance Only the plaintiff or a small, well defined class of

plaintiffs are affected Plaintiff(s) could take action

Public Nuisance Many people in the community are affected Only government could take action

History of Air Pollution

Prior to 1940     : Very little by way of formal regulations.

Air Pollution Control Ordinance (around 1815) • 1940 - 1955       : Initiation of practical efforts in the US as

a result of LA type fog• 1955 - 2010   : Development, Implementation &

Modification of Regulations • 2001: New approaches to apply standards

Note : Before Passage of 1970 Clean Air Amendments, Air Pollution Laws

were sometimes similar to Water Pollution Laws

Air Pollution Related Acts

Federal Insecticide, Fungicide, and Rodenticide Act of 1947 Air Pollution Act of 1955 ( Jul.14, 1955 ) ; P -84/159 Air Pollution Control Act Amendments of 1960 and 1962(Oct.

9, 1962) ; PL-87/761 The Clean Air Act of 1963 ( Dec. 1963 ) ; PL - 88 / 206 Motor Vehicle Air pollution Control Act of 1965 ( Oct. 1965 ) ;

PL-89/272 Air Quality Act of 1967 ( Nov. 21, 1967 ) ; PL - 90 / 148. The Clean Air Act Amendments of 1970 ( Dec. 31, 1970 ) ; PL-

91/604. Clean Water Act, 1972, 1977

Air Pollution Related Acts

The Clean Air Act Amendments Act of 1977 ( Aug. 7,

1977 ) ; PL-95/95

The Comprehensive Environmental Response,

Compensation, and Liability Act of 1980

Toxic Substance Control Act

The Clean Air Act Amendments of 1990

Clean Air Act Amendments of 1970

• To protect human health and the air environment

• To establish a national research and development

program to prevent and to control air pollution

• To provide federal assistance and leadership to state and

local governments for air pollution programs

• To develop specific standards for hazardous air pollutants

Clean Air Act Amendments of 1970

• Important legal event in the US federal air pollution control field

• Creation of Environmental Protection Agency

HEW (prior to 1970) EPA (post 1970)Primary emphasis on

voluntary controlconciliation education persuasion encourage and support state

and local action

Enactment and enforcement of effective pollution standards litigation fines injunctions jail terms

Policy

Air Quality Criteria

• Expressions of the latest scientific knowledge based on the knowledge of experts.

• Describe the effects that can be expected to occur beyond "excedence" pollutant level for a specified time period.

• Miscellaneous

• Exposure

• Combination of pollutants etc

Air Quality Standards

• Prescribe the pollutant levels that cannot be legally exceeded during a specific time period in a specific geographic region

• 1970 :

• Primary Standards

• Protection of public health (to be achieved regardless of cost and within the specified time limit)

• Secondary Standards

• To protect public from known and anticipated adverse effects

• Time schedule to be determined by state and local governments

Emission Standards

• Emission Standards

• " _ _ _ _ _ _ to limit the amount or concentration of a contaminant that may be emitted from a source ".

• Visible emission standards.

• Particulate emission standards.

• Particulate process weight (or mass) standards.

• Gas concentration standards.

• Prohibition of emissions.

• Regulation of fuel.

• Zoning restrictions.

• Dispersion based standards.

Case For National Standards

• Unfair economic advantages (by state) • Competition for lower standards.

• Federal Standards for : • automobiles • aircraft • industries supplying basic needs • "New Source " performance standards

• Initial NSPS issued on December 23, 1971 • Steam Generators • Portland Cement Plants • Incinerators

• Nitric acid and H2SO4 plants

Prevention of Significant Deterioration ProgramDivision of U.S.

• Class I : This class covers pristine areas of the country and

no change from current air quality will be allowed

• Class II : Almost all other areas where moderate change in

air quality will be allowed

• Class III: Industrialized areas where substantial growth will

be allowed, and where the increase in concentration of

pollutants up to the federal standards will be insignificant

Prevention Of Significant Deterioration

1. Applies to new or modified sources constructed after

March 19,1979.

2. Potential emissions of 100 tons/year of any single

pollutant, or a combined total of 250 tons/year of all

pollutants.

3. Best available control technology (BACT) applies to all

sources covered.

4. In regions where ambient air quality standards are not

being met, a new source is required to provide “Emission

Offsets”.

National Emission Standards For Hazardous Pollutants (NESHAPS)

1. Beryllium

2. Mercury

3. Vinyl Chloride

4. Radio nuclides

5. Benzene

6. Asbestos

7. Others Proposed

Clean Air Acts Amendments of 1990

The Clean Air Act Amendments of 1990 are divided into 11 sections:

TITLE I - Attainment of National Ambient Air Quality Standards TITLE II - Mobile Sources TITLE III - Air Toxics TITLE IV - Acid Deposition TITLE V - Permit Provisions TITLE VI - Ozone Depleting Chemicals TITLE VII - Enforcement TITLE VIII - Miscellaneous TITLE IX - Clean Air Research TITLE X - Disadvantaged Business Concerns TITLE XI - Clean Air Employment Transition Assistance

TITLE IAttainment National Ambient Air Quality Standards

• Draw the boundaries of non attainment areas for carbon monoxide(CO), Ozone (O3), and particulate matter (PM)

• Ozone (O3) • Severe • Serious • Moderate• Marginal • Extreme for LA

• Carbon monoxide (CO), and Particulate Matter (PM -10)• Serious• Moderate

• Definition of a " Major Source " • Extreme Areas : 10 tons of VOC and NOx per year • Severe Areas: 25 tons.• Serious : 50 tons.• Moderate and Marginal : 100 tons.

TITLE IIMobile Sources

Tier I

• NOx : 0.6 grams / mile (1994)

• HC : 0.4 grams / mile Auto : 100,000 or 10 years

• Light Duty Trucks : 75,000 or 7 years

• CO : 10 grams / mile

Tier II

• NOx : 0.200 grams / mile (2003)

• HC : 0.125 grams / mile

• CO : 9.000 ppm (1996) (8hr concetration)

• 1995 : Use of formulated gasoline in 9 cities

TITLE IIIAir Toxics

• 189 Air Toxics

• List of Source Categories

•10 tons annual (Single Toxic)

• 25 tons annual (Combination)

• Maximum Available Control Technology Standard

• Study Mercury Emissions from Utilities

• Study Toxic Deposition in the Great Lakes

• Requirement for Operating Permit

TITLE IVAcid Deposition

• Phase I

• 111 Power Plants

• Cut Back to the 2.5 lbs of SO2 per million BTU

• Jan.1, 1995

• Phase II

• Jan.1, 2000

• 1.2 lbs of SO2 per million BTU

• EPA is required to issue rules for NOx

• 10 million ton cut : SO2

• 2 million ton cut : NOx

TITLE V

Permit Provisions

• 12 months to issue final rule

• 3 years to implement permit program for states

• EPA can veto a state's permit

• Major Source : 5 year permit

TITLE VI

Ozone Depleting Chemicals

• Phase-out of Ozone-depleting chemicals

• CFC's, Halons, and Carbon Tetrachloride (2000)

• Methyl Chloroform (2002)

• HCFC's (2030) : Production cap by 2015

TITLE VII

Enforcement

• Civil and criminal liabilities

• 15 years in prison for knowingly endangering public

• On-the-spot citations of upto $5,000

• Penalty orders upto $200,000

• Issue compliance orders

• Issue compliance schedules

• Issue administrative subpoenas to gather compliance data

• Private citizens and groups to seek penalties against violators

Impact of CAAA of 1990

• 400 new regulations

• Small businesses were hit hard

• Coal miners in Midwest

• Issue of new permits

• Emission fee

• Pollution control for 189

• Air toxics $26 Billion / Year by 2005

• Emission allowance and training program

National Ambient Air Quality Standards for Air Toxics

None developed by EPA. Guideline for state. Use of TLV- TWA (ACGIH). Use of PEL (OSHA). Use of IDLH (NIOSH). Risk of 10

-6 for carcinogenic pollutants.

Etc.

Air Pollution Control Alternatives

• Bubble Policy

• Emission Offsets

• Banking of emission offset credits

• Emission trading

Air Pollution Strategies

Concept of " best practicable technology ". Requirements

– Environmental Need– Demonstrated Technological and Commercial Feasibility – Energy Efficient – Acceptance Of Overall Project Economics