air regulations

7/27/2019 Air Regulations

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8/18/20131

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

Reading: Chap 8



8/18/20132

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 onsome 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”



8/18/20133

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

Ordinances not effective. Any reason why?

LA, USA



8/18/20134

Non-Regulatory Options

• 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

Examples?

What equities?

What could citizens do to abate air pollution

before air regulations were in place?

www.cnn.com/.../index.html

http://www.cnn.com/.../index.html

http://www.cnn.com/.../index.html



8/18/20135

Regulatory Strategies

• Air quality management

• Emission standards• Economic approaches

If you are the administrator of the USEPA, what

will be your strategies to improve environmentalquality?



8/18/20136

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 legallypermissible)

• 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

Who may be

more sensitive?

Why is implementation complicated?

For the same pollutant, is the

ambient standard more stringent

than occupational standards? Why?

Is there standard for carcinogen in NAAQS?


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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 Why is it easier to

implement than Air Quality Management?



Economics-Based Approaches

• Cost-benefit analyses:

quantification of alldamage costs and costs

of control

• Degree of control thatprovides the greatest

reduction of damages

per unit cost

What problems are associated

with such an approach?



Market-Based Policies

• Bubble Policy

– Groups of plants may increase their emissions at one or moresources 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 theydeem to be cost-effective

• Pollution charges

– Encourage sources to reduce emissions when marginal control

cots are equal to pollution charge rates

Any problem with

pollution charges?



Federal Legislation

1955 Clean air legislation

1960/1962 Amendments to 1955 legislation

1963 Clean Air Act

1965 Motor Vehicle Emissions Control

Act

1967 Air Quality Act

1970/1977/1990 Clean Air Act Amendments



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

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8/18/201312

1963 Clean Air Act

• Grants for program development and

improvement of local/state air pollution controlefforts

• Research/technical/training assistance

• Federal responsibility for automobile and SO2 pollution research

• Federal research responsibility for interstate air

pollution problem



8/18/201313

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)



8/18/201314

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 standardsand 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

How many are there

in FL?



8/18/201315

State Implementation Plans

• Individual states are required to develop and submit

plans for their implementation, enforcement andmaintenance.

• 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

What if it’s not

approved by EPA?

Fire from railroad in Sacramento, CA

Mar 16, 2007

http://www.sacbee.com/





8/18/201316

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

What’s the definition of “new source”?

Use RACT,

BACT or MACT?

What are the

pollutants

regulated byNSPS?



8/18/201317

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

Use RACT, BACT or MACT?

Why is the designation of HAP so difficult? en.wikipedia.org

/wiki/Asbestos

http://en.wikipedia.org/wiki/Asbestos






8/18/201318

Citizen Suits

• Gives citizens standing in federal courts

• Right to sue U.S. EPA: make it accountable when itsactions are deemed to conflict with clean air legislation

and regulatory requirements

• Right to sue pollution source

Why would EPA be reluctant

to implement provisions in

clean air legislation?

What kind of suits has EPA faced?

• USEPA given authority to take enforcement actions

– Administrative orders – Fines

– Criminal penalties

• Most enforcement takes place at state level; USEPAenforcement authority serves as a backup

Enforcement



8/18/201319

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)

Are new sources

allowed in non-attainment areas?



8/18/201320

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 secondarystandards for SO2 and PM



8/18/201321

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



8/18/201322

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



8/18/201323

NAAQS - Attainment Dates under 1990 CAAA

How many non-attainment areas in Florida?

Where are the hot-spots of non-attainment areas nationwide?



8/18/201324

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.



8/18/201325

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 reductionprogram

• Servicing of motor vehicle air conditioners

• Regulating non-essential products containing

CFCs

• A policy for development of safe alternatives

• International cooperation



8/18/201326

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

Why is a permit needed for operating control equipment?



8/18/201327

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



8/18/201328



8/18/201329

Motor Vehicle Emission Standards

• 1974 Energy Supply and Coordination Act

– Postponed emission standards until 1977 modelvehicles

– USEPA given authority to impose interim standards


– Further postponed deadlines

– USEPA given discretion to postpone standards

requirements

– Relaxed NOx standards



8/18/201330



– 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

What’s the use?

Why targeting cold start?



8/18/201331


• Trucks have less stringent requirements

– New emission limits in 1990 CAAA for Light-duty trucks andHeavy-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

Why disabling?

Is there a vehicle inspection program in Alachua?

What’s the purpose of these fuels?



8/18/201332

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

Does GRU submit a

permit for new plant to

USEPA or FDEP?



8/18/201333

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



8/18/201334

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



8/18/201335

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?



8/18/201336

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

How will you propose

to achieve the targets?



8/18/201337

Motor Vehicle Emission Regulation

• 80% less per car than they were in the mid 60s,

though nationally still account for 50% HCs/NOxemission, 90% CO and 50% HAPs

• Future directions: other than pollution control

– Transportation control

– Fuel economy

– Alternative fuel – Hybrid, H2 Fuel Cell

Why are motor vehicle emissions still a dominant source

even the efficiency has improved a lot?



Quick Reflection

air regulations

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