1 CE Air Pollution Control Regulations and Philosophies Jeff Kuo, Ph.D., P.E.

2 Laws and Regulations Bill  Law Congress + President Federal Register and US Code (Title 42, chapter 15 is air pollution section) Regulations Independent Agencies (EPA) Code of Federal Regulations (CFR-40 is environment section) I'm just a bill, Yes, I'm only a bill, And I'm sitting here on Capitol Hill…

3 US Federal Legislation Clean Air Act (1970)  Authorizes EPA to set National Ambient Air Quality Standards (NAAQS)  State implementation plans (SIP) to meet standards  New Source Performance Standards (NSPS)  Identified Hazardous Air Pollutants and declared “no standard was applicable” for these.

4 More Legislation Clean Air Act Amendments (1990)  Established a safety standard for acceptable risk of cancer of 1 in 100,000.  189 substances listed as HAPs, up from 7 in 1970 (beryllium, mercury, asbestos, vinyl chloride, benzene, and PCBs) – now 188.  The sources of these 189 HAPs need to reduce emissions by 90% by the year Several subsequent revisions have been made to the standards for the Criteria Pollutants.  New ozone standard  PM 2.5 added to the list

5 Other legislation Toxic Substances Control Act EPA can track and require testing for industrial chemicals (hazardous air pollutants (HAPs)) Clear Skies Initiatives (02/14/2002) Mandatory caps on emissions on NOx, SO 2 and mercury from electric power plants  takes control away from states

6 National Ambient Air Quality Standards Primary Standards – Health-based “criteria pollutants” Meant to protect sensitive populations Margin of safety concept is questionable if no clear threshold exists (e.g., particulate matter) Secondary Standards – Welfare-based (e.g. vegetation) How much ‘stuff’ is allowed to be in ambient air Set by EPA administrator based on scientific data  field observations (particulate matter)  experimental data (ozone) Costs considered in implementation policies and timelines, not in setting NAAQS

7 National Ambient Air Quality Standards Concentration (  g/m 3 ) = ppmV   (MW, 25 o C 1 ppmV = (MW/24. 5) mg/m 25 o C 1 ppmV= (MW/392)  lb/ft 25 o C

8 Ambient Standards Attainment Ozone (O 3 )0.12 ppm, 1-hr 0.08 ppm, 8-hr (1997)

9 State Implementation Plans (SIPs) Meet or exceed the NAAQS. Include sources and types of pollutants, acceptable emissions levels, and a compliance- monitoring plan. CARB – California Air Resources Board It makes sense for states to take the lead in carrying out the CAA, because pollution control often require special understanding of local industries, geography, housing patterns, etc. Cleaner air Federal law Federal regulationsState regulation NAAQS SIPs

10 New Source Performance Standards (NSPS) How much can be emitted?  Depend on whether it is in attainment areas  Can differ for new sources and existing sources 1.technology-based standards for new and modified stationary sources 2.sets emission limitations for ~70 industrial source categories 3.ensures that SIPs meet these minimum requirements. Examples of emission limitations VOC emissions: Deep fat fryer—potato chips lb/ton Filterable PM: Cheese dryer 2.5 lb/ton

11 Two types of sources  Minor sources (state construction and operating permit – less complicated)  Major sources – more than 100 tons/year emitted (Title V permit program – federal legislation, CAAA 1990, for monitoring, record keeping and compliance.) Permits will have information on all the regulated pollutants at a source:  which pollutants are being released  how much the source is allowed to release  what program will be used to meet pollutant release requirements Permits

12 Two types of permits:  operation of plants (operating permits – Title V permits also called part 70)  construction of new plants or modification of existing plants (new source review permits part of SIP). Permits….

13 The New Source Review (NSR) permits for sources in attainment areas are called Prevention of Significant Deterioration ("PSD") permits vs. non-attainment NSR permits. PSD requires sources to install the Best Available Control Technology (BACT), the maximum degree of emissions reduction considering energy, environmental, and economic impacts. Non- attainment NSR requires sources to reduce emissions to the lowest achievable emission rate (LAER). LAER represents the most stringent emission limit achieved for a particular type of source; economic considerations are irrelevant. Permits….

14 Apply to build a new air pollution source I want to build a monster-brewery… Apply appropriate regulations Attainment vs. non-attainment PSD, NSR, Title V Public comment – public notice in paper -written comments from public Initial Approval permit -Start construction and operation Final Approval permit -Demonstrate compliance Determine emissions Title V

15 Time Pollution level Effects of Regulations on Pollution Growth This would be an example of an emissions control regulation. effect of 1 st control regulation effect of 2 nd control regulation standard level

16 Air Quality Index (AQI) The AQI is an index for reporting daily air quality. The AQI focuses on health effects. EPA calculates the AQI for major air pollutants. The higher the AQI value, the greater the level of air pollution (0-500). An AQI value of 100 generally corresponds to the national air quality standard for the pollutant. The purpose of the AQI is to help you understand what local air quality means to your health.

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Trends Report: Air Quality Continues to Improve National air quality levels measured at thousands of monitoring stations across the country have shown improvements over the past 20 years for all six principal pollutants. Since 1970, aggregate emissions of the six principal pollutants have been cut 48 percent. During that same time, U.S. gross domestic product increased 164 percent, energy consumption increased 42 percent, and vehicle miles traveled increased 155 percent.

19 Four Air Pollution Control Philosophies Emission Standard Philosophy Air Quality Standard Philosophy Emission Tax Philosophy Cost-Benefit Philosophy Market Control and Emission Rights More economical to control large sources? Easier to control certain types of sources? Emission trading LA refineries bought/junked old cars.

20 Emission Standard Philosophy Basic premise: There is some maximum degree of emission control for a given class of source. BACT : Best Available Control Technology (CAA 1970) RACT : Reasonably Available Control Technology (CAAA 1990) MACT: Maximum Available Control Technology (most recent applicable to HAP) LAER : Lowest Achievable Emission Rate All (new) sources in that category should be required to meet this level of control. "Cleanest possible air"

21 Air Quality Standard Philosophy Basic premise: All pollutants of concern have a threshold dose-response curve. Regulate the time, place, amount of emissions such that the threshold value is not exceeded anywhere, anytime; “zero damage” The cause-effect relationship between emissions and ambient concentrations must be determined by a combination of measurement and modeling.

22 Figure The NAAQS process

23 Emission Taxes – Economic Instruments Basic premise: The atmosphere has some finite capacity to deal with emissions of pollutants, i.e. keep pollutant concentrations below threshold levels Put a (realistic) price on this capacity and charge people who "utilize" it.

24 Cost-Benefit Philosophy Basic premise: There are no threshold levels, all pollution is damaging, this damage can be quantified in money terms. Optimize the total cost of pollution damage plus pollution control costs.