Clean Air Act SAFE 210

Purpose Protect public health and regulate air emissions Addresses both stationary and mobile sources

Major Amendments 1970 – Established National Ambient Air Quality Standards (NAAQS), State Implementation Plans (SIPs), and new source performance standards 1977 – Established Prevention of Significant Deterioration (PSD) program, nonattainment provisions, expanded HAPs 1990 – Established requirements for areas that do not meet NAAQS, tightened mobile sources, established permit program

Major Components of CAA Title I: National Ambient Air Quality Standards (NAAQS) New Source Performance Standards (NSPS) NSR/Prevention of Significant Deterioration (PSD) State Implementation Plans Title II : Mobile Sources and Clean Fuels Title III: Hazardous Air Pollutants (HAPs) MACT/NESHAPs Title IV: Acid Deposition Control Title V: Operating Permits Title VI: Stratospheric Ozone Protection

NAAQS Program Established standards for six pollutants (“criteria pollutants”) Sulfur dioxide (SO 2 ) Nitrogen dioxide (NO 2 ) Particulate matter (PM) Carbon monoxide (CO) Ozone (O 3 ) Lead (Pb)

NAAQS Program Primary vs secondary standards Primary: for the protection of public health, including “sensitive” populations Secondary: for the protection of public welfare from any known or anticipated adverse effects such as decreased visibility, damage to wildlife, crops, vegetation, and buildings Attainment vs nonattainment

Non-attainment Areas Ozone Marginal, moderate, serious, severe, extreme CO Moderate or serious PM Moderate or serious

New Source Performance Standards (NSPS) 40 C.F.R. Part 60 Applies to specific source categories Currently 70+ NSPS

New Source Review/Prevention of Significant Deterioration New Source Review (NSR) – For nonattainment areas. Prevention of Significant Deterioration (PSD) – For attainment or “clean” areas

State Implementation Plans Enforceable emission limitations Air quality data Enforcement Interstate air pollution Adequate personnel, funding, and authority Monitoring and emission data Contingency plans Preconstruction review Permit fees 1 1 Sullivan, Thomas F.P. et al., Environmental Law Handbook. Sixteenth ed. Rockville, MD 2001.

State Implementation Plans SIP for nonattainment areas Reasonably available control technology (RACT) Reasonable further progress Inventory of current emissions Permits for new and modified major stationary sources Quanitifcation of new emissions to be allowed Contingency measures Equivalent techniques 2 2 Sullivan, Thomas F.P. et al., Environmental Law Handbook. Sixteenth ed. Rockville, MD 2001.

Mobile Sources and Clean Fuels New emission standards Refueling controls Oxygenated fuels Low vapor pressure fuels

Hazardous Air Pollutants (HAPs) 189 HAPs established Maximum Achievable Control Technology (MACT) National Emission Standards for Hazardous Air Pollutants (NESHAP)

Acid Deposition Control Established by 1990 Amendments Reduction of sulfur dioxide and nitrogen oxide emissions Establishment of an “allowance program”

Title V Operating Permits Major source 10 tons/year of a single HAP 25 tons/year of a combination of HAPs Potential to emit (PTE) Created penalty structure

Title V Operating Permits Sources Requiring Operating Permit Major HAP sources Major sources under NAAQS All affected sources under Title IV All sources subject to NSPS Components of Permit

Ozone Protection Phase-out of ozone depleting substances Requires labeling of products manufactured with CFC’s Requires certification for HAVC maintenance personnel Auto servicing provisions