The Clean Air Act - Day 1 - PowerPoint

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    The Clean Air Act

    (CAA)

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    One of these days when the mischief is fully done, when

    our once pellucid and crystalline atmosphere is

    transformed into Chicago reek, and Pittsburgh smoke and

    London fog, men will begin to realize what they have

    lost, and will hold conventions, and pass resolutions, and

    enact laws, and spend great sums of money for the

    undoing of the mischief and the restoration of our

    atmosphere to its original state.

    Editorial, New York Tribune, May 11, 1899

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    Clean Air Act Approaches

    Harm-based

    Best Available Technology

    Technology-forcing Market-enlisting

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    CAA Pollutants

    Three kinds of pollutants under the CAA:

    criteria

    hazardous

    other regulated pollutants

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    Criteria Pollutants

    Defined as

    come from numerous, diverse sources

    endanger public health and welfare (this is the

    same for all regulated pollutants)

    7 criteria pollutants now

    More can be added (GHGs??)

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    carbon monoxide (CO)

    major source: motor vehicles; heavy a lot on the roads;

    bonds with hemoglobin in the blood; impairs mental and fetal

    development; catalytic converters help.

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    lead (Pb)

    major source: leaded gasoline; one major

    success story in the U.S.

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    nitrogen oxide (NOx)

    forms when air is heated (N + O + heat); major source: cars, powerplants;

    aggravates, impairs visibility and plant growth

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    ozone

    ozone secondary pollutant; hydrocarbons + VOCs + sunlight;aggravators

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    sulfur dioxide (SO2)

    major source: coal and oil burning; aggravates respiratory disease; controls: low sulfurcoal, scrubbers

    ACID RAIN

    Thirty years ago, scientists and fishermen began noticing an

    alarming decline in animal and plant life in lakes and foreststhroughout the eastern United States.

    A National Academy of Sciences report pinpointed the source of theproblem: sulfur dioxide emissions, mostly from coal-fired powerplants.

    SO2 was causing rain and snow to turn acidic, and that acid rain waskilling aquatic life and damaging forests.

    Source: EDF, Acid rain: The power of markets to help the planet

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    CAA 108 EPA, List criteria pollutants

    (a)Air pollutant list; publication and revision by Administrator;issuance of air quality criteria for air pollutants (1) For the purposeof establishing national primary and secondary ambient air qualitystandards, the Administrator shall within 30 days after December31, 1970, publish, and shall from time to time thereafter revise, alist which includes each air pollutant

    (A) emissions of which, in his judgment, cause or contribute to airpollution which may reasonably be anticipated to endanger publichealth or welfare;

    (B) the presence of which in the ambient air results from numerous ordiverse mobile or stationary sources; and

    (C) for which air quality criteria had not been issued before December31, 1970 but for which he plans to issue air quality criteria under thissection.

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    CAA 109 EPA, Promulgate NAAQS

    (a)Promulgation (1) The Administrator

    (A) within 30 days after December 31, 1970, shall publishproposed regulations prescribing a national primaryambient air quality standard and a national secondaryambient air quality standard for each air pollutant forwhich air quality criteria have been issued prior to suchdate; and

    (B) after a reasonable time for interested persons tosubmit written comments thereon (but no later than 90days after the initial publication of such proposed

    standards) shall by regulation promulgate such proposednational primary and secondary ambient air qualitystandards with such modifications as he deemsappropriate.

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    CAA 110 States, Develop SIPs

    (a)Adoption of plan by State; submission toAdministrator; content of plan; revision; new sources;indirect source review program; supplemental orintermittent control systems

    (1) Each State shall, after reasonable notice and publichearings, adopt and submit to the Administrator, within 3years (or such shorter period as the Administrator mayprescribe) after the promulgation of a national primaryambient air quality standard (or any revision thereof)under section 7409 of this title for any air pollutant, a plan

    which provides for implementation, maintenance, andenforcement of such primary standard in each air qualitycontrol region (or portion thereof) within such State . . .

    http://www.law.cornell.edu/uscode/text/42/7409http://www.law.cornell.edu/uscode/text/42/7409http://www.law.cornell.edu/uscode/text/42/7409
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    NAAQS Program

    Criteria Pollutants: Defined as

    coming from numerous, diverse sources

    endanger public health and welfare (this is the same for all regulatedpollutants)

    (or ones for which EPA already developed criteria pursuant to CAA of 1963)

    CAA requires EPA to: List criteria pollutants

    Develop criteria for them

    Promulgate NAAQS

    uniform

    national

    containing adequate margin of safety To Meet NAAQS:

    State Implementation Plans (SIPs)

    New Source Performance Standards (NSPS) for Stationary Sources

    Motor Vehicles Emissions Standards

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    Stationary v. Mobile

    Stationary Sources SIPs (State Implementation Plans) - prescriptions

    for how each state would regulate its stationarysources - STATE

    BUT: major new pollution sources New SourcePerformance Standards (NSPS) requirestationary sources to employ Best AvailableTechnology (BAT) - FEDERAL

    Mobile Sources Single national standard for motor vehicle

    emissions (exception: California)

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    Prevention of Significant Deterioration

    (PSD)

    What about clean areas?

    Current air quality is the baseline only a

    small incremental amount of pollution can be

    added to the baseline.

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    NAAQS Compliance

    Originally, states were supposed to achievecompliance with the NAAQS within three years ofthe approval by EPA of their SIP.

    1977only reasonable further progressrequired; existing sources required to employReasonable Available Control Technologies(RACT); major new sources required to achieve

    Lowest Achievable Emissions Rate (LAER) and tooffset their new pollution through reductionsat other facilities in the area

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    NAAQS Compliance, contd

    1990 strict compliance dates for SIPs;

    specific sanctions cutoffs of federal highway

    funds

    FIP (federal implementation plan) within two

    years of a states failure to submit an adequate

    SIP.