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 reputation Nuisance : 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) : Initiation of practical efforts in the US as a result of LA type fog : 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 ) ; PL - 88 / 206  Motor Vehicle Air pollution Control Act of 1965 ( Oct ) ; 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 control conciliation 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 " _ _ _ _ _ _ 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 H 2 SO 4 plants

Prevention of Significant Deterioration Program Division 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, 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 I Attainment National Ambient Air Quality Standards Draw the boundaries of non attainment areas for carbon monoxide(CO), Ozone (O 3 ), and particulate matter (PM) Ozone (O 3 ) 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 II Mobile 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 : grams / mile (2003) HC : grams / mile CO : ppm (1996) (8hr concetration) 1995 : Use of formulated gasoline in 9 cities

TITLE III Air 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 IV Acid Deposition Phase I 111 Power Plants Cut Back to the 2.5 lbs of SO 2 per million BTU Jan.1, 1995 Phase II Jan.1, lbs of SO 2 per million BTU EPA is required to issue rules for NOx 10 million ton cut : SO 2 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 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 n None developed by EPA. n Guideline for state. n Use of TLV- TWA (ACGIH). n Use of PEL (OSHA). n Use of IDLH (NIOSH). n Risk of for carcinogenic pollutants. n Etc.

Air Pollution Control Alternatives Bubble Policy Emission Offsets Banking of emission offset credits Emission trading

Air Pollution Strategies n Concept of " best practicable technology ". n Requirements – Environmental Need – Demonstrated Technological and Commercial Feasibility – Energy Efficient – Acceptance Of Overall Project Economics