^ m THE C L E A N A I R A C TCf Rlip, Si *1* ll|$YM'$''''• r.' rHr :fl .'> ], '"V '*''»" * '"'" ''*' ^^j ^'^ r'!llM'lplijl!,i(it»yji'ikM'ivl!i 'ilM'Sl' ("SiM'Siiiiliifl S'm^lWlll'I'NI'Wl! s^j^?ispS!i»» .;t.;v'^iill^^ "^vi1"11.1? ::'¥l|'il^ij' r'"^]^^'?*^ SS.'?^:?'?r $$ ^t'f^'rf ^ •'•-^ '^14 j rf^Q^sV.li^'iis!^'". ..Hi-ifV'! .:iliiir'i'iii-.iii *!*iS'^'/'sV*1^:*''!; Si*!*/ 'fWf": ''r1-11;:.!:'".:,!' • il ;'4. A, ,:..!• W,^1! " '?«,.fc"'L^,S,. « a&. l?f ^ PUBLISHED BY THE CLEAN AIR; AcT"S5xB8Sfflfc ------- The Clean Air Act Advisory Committee Mr, Roger G. Ackerman President and CHet Operating Officer Corning. Incorporated Mr, Martin Andreas Senior Vice President Archer Daniels Midland Corporation Mr, A. James Barnes Dean, School of Public and Environmental Affairs Indiana University Mr, S. William Becker Executive Director State and Territorial Air Pollution Program Administrators and the Association of Local Air Pollution Control Officials Mr, Peter A. A. Berle President Audubon Society Mr. Franks. Blake Vice President and General Counsel General Electric Industrial and Power Systems Dr. F. Peter Boer Executive Vice President W.R. Grace and Company •. Robert H. Campbell Dr. Richard F. Eizember Executive Director of Corporate Environmental Affairs Eli Lilly and Company Mr. Larry Feldcamp Partner Baker and Bolts Houston, Texas Ms. Stephanie A. Foote Member Denver City Council Dr. Thomas J. Godar. M.D. Past President American Lung Association Ms. Linda F. Golodner President National Consumers League Mr. George W. Haney General Manager, Nitrogen Fertilizer Operations Farmland Industries, Inc. Ms. Rebecca McDonald Vice President, Strategic Planning Tenneco Gas Company Ms. Helen O. Petrauskas Vice President, Environmental and Safety Engineering Ford Motor Company Mr. Walter Quanstrom Vice President, Sun Company. Inc. Mr, Iwan Choronenko Director Environmental Protection Commission of Hillsbourogh County. FL Mr. Lawrence R. Codey President Public Service Electric and Gas Company Mr, Ben Cooper Senior Vice President for Government Affairs Printing Industries of America Mr. Charles A. Corry Chairman of the Board and Chief Executive Officer USX Corporation Dr. Donald A. Deieso Ptetidentand Chief Executive Officer C^rtoanie?0ttre" p nt Mr, David Doniger SenurAtlorney Natural Resources Defense Council Senator VernonJ. Ehlers President, Pro Tern Michigan State Senate Mr. Ben. G. Henneke Jr. President EnviroFuels, Inc. Mr. Marc Himmelstein Director National Environmental Strategies Mr. Charles R. Imbrecht Chairman California Energy Commission teg;™!v|IDS?fe'ter Industrial Union Department AFL/C1O Mr. Raymond Lewis President American Methanol Institute Mr. Charles D. Malloch Director, Regulatory Management, Environmental Policy Staff Monsanto Company M*; Man/ MflQtilln Sheetmetal Occupational Health Institute Dr. Roger O. McClellan President Chemical Industry Institute of Toxicology Mr. Ernest Rosenberg Director, Legislative and Regulation Occidental Petroleum Mr. William G. Rosenberg Assistant Administrator for Air and Radiation U.S. Environmental Protection Agency Mr. John Rowe President and Chief Executive Officer New England Electric Dr. Steven A. Sahn Professor and Director, Division of Pulmonary and Critical Care Medicine Medical University of South Carolina Mr. Henry B. Schacht Chairman and Chief Executive Officer Cummins Engine Co., Inc. Air Resources Board State of California Dr. Bruce Stram Vice President for Corporate Strategy and Planning Enron Corporation Mr. George Sugiyama Partner Pillsbury, Madison and Sutro Washington, D.C. Mr. Lee Thomas Chief Executive Officer Law Environmental Group The Honorable Tommy G. Thompson Governor State of Wisconsin Dr. Susan F. Tierney Secretary, Executive Office of Environmental Affairs State of Massachusetts Mr. Robert J. Trunek Senior Vice President, Manufacturing, Engineering and Technology ARCO Products Company Mr. Steve Wentworth Board of Directors National Corn Growers Association n tilt \m -ft ^ Director, Center for the Study of American Business Washington University. ' . M*s.' Alma Williams - Director > • . Arizoriaps for' Clean Air Now ' * Mr. Robert A. Wyman Partner Latham and Watkins Los Angeles, California Mr. Frank G. Zarb flf^MfCttfWt' O 'th D r. Uiticer Upham and Company, Inc. Mr. Leo C. Zeferetti Legislative Director, , Building and Construction Trades Department American Federation of Labor .Mr. Thomas Zosel Manage?, Pollution Prevention Programs 3M Corporation Note: The Introductory Guide was developed through consensus by the Clean Air Act Advisory Committee. The' overall content of the Guide is supported by Ihe Cammiltee. Given diverse perspectives of individual committee members, all members do not necessarily agree with every statement contained herein. THE CLEAN AIR ACT OF 1990 ------- THE CLEAN AIR ACT OF 1990 An Introductory Guide To Smart Implementation The new Clean Air Act may be the most progressive and sensible environmental initiative ever enacted. The new Clean Air Act can produce tremendous public health benefits. It can also be very expensive — but it doesn't have to be. This Introductory Guide is a guide to working together — the U.S. Environmental Protection Agency, industry, state and local govern- ments, environmental and health groups, and community leaders — to achieve the goals of the Clean Air Act in the most efficient way. It is also a guide to opportunities: EPA is striving for a more flexible approach to implementing these laws, through a multiple choice of options to clean the air. If we "work smart," we can clean the air in a cost-effective way. The Introductory Guide is also a wake-up call. These new clean air rules are by far more sweeping than any in history. And they are com- ing our way at incredible speed. We need to prepare now so we can deal with them effectively and economically. This Guide is the product of The Clean Air Act Advisory Committee, an advisory group established to assist EPA in implementing these new laws. While EPA is busy developing thousands of pages of regulations, the Advisory Committee is taking this opportunity to say just a few words about the guiding principles behind these new regulations and to suggest ways that you can apply these principles to best advantage. As our membership roster shows, The Clean Air Act Advisory Committee is a very diverse group. Our perspectives on environmental issues vary widely and, to this day, we continue a lively debate on the best methods of putting these new laws in place. But in this Introductory Guide, and in more detailed documents that will follow in the Spring, our mutual goal is simply to convey two messages: 4- It is urgently important that you participate in a public process to implement these new clean air regulations in your areas. 4- These new clean air regulations can be very expensive, but many also provide flexible options and pollution prevention incentives that can greatly reduce their cost. i, r fr, ----- AN INTRODUCTORY GUIDE TO SMART IMPLEMENTATION ------- Background ijM! 15 j ten preff fable II,"";1 j .i*)11;,,:1 . ".. ' . . a* The Clean Air Act of 1990 was enacted to correct serious air pollution problems in the United States. The Act directs the U.S. EPA to develop strong and progressive environmental policies that will ensure cleaner and healthier air for all Americans. , EPA is striving to implement this law in a more open, innovative and cost-effective way — building on proven approaches to control air pollution, and expanding the opportunity for new approaches that encourage local initiative, emphasize pollution prevention, and take advantage of the power of the marketplace. EPA's approach to rulemaking — a collaborative negotiating process open to all parties — demonstrates a growing openness on the part of the Agency and a recognition that negotiation is often preferable to litigation. Flexible yet enforceable rules are emerging from this consensus-building process. The public support for protecting the environment, the constructive attitude of many industry leaders, and an innovative approach to regulatory policy combine to provide a solid foundation for successful implementation. The timing is also right to transform public support into public action, reminding individual Americans that they too cause air pollution — and they can help to cure it. Why Should I Care About The Clean Air Act? I Because its benefits are enormous. EPA estimates the new Clean Air Act will remove 56 billion pounds of pollution from the air each year. |n human terms, these measures will significantly reduce lung disease, cancer, and other serious health problems — not to mention billions of dollars in health costs — caused by air pollution. Americans will live healthier and more productive lives in a nation with cleaner air. We will also enjoy the benefits of a healthier ecosystem — with cleaner, less acidic lakes and reduced damage to crops and forests, and enhanced visibility. Significant air quality improvements mandated * ; by me new Act include: • Greatly reduced emissions of toxic air pollution arid acid rain- causing pollutants; • Attainment of air quality standards nationwide by the year 2010; • Cleaner cars, fuels, factories, and power plants; Less damage to lakes, streams, parks, and forests; i Reduced emissions of greenhouse gases; and i Less damage to the stratospheric ozone layer THE CLEAN AIR ACT OF 1990 ------- : But the new Act can also be very expensive. The President's Council of Economic Advisors has estimated that, when fully implemented, Clean Air Act programs will cost $25 billion annually. Many continue to disagree on the eventual price tag, but one thing is certain: costs will be lowered and results will be greater if we work together and "work smart." Historically, states that fail to meet federal clean air requirements risk the loss of federal funds for state projects and are subject to legal and financial sanctions. These sanctions can be a useful deterrent, and the new clean air rules have tough sanctions of their own. But sanctions are not the preferred approach to cleaning the air, and they can drain already scarce state resources. The best and cheapest way to clean the air is to do it right in the first place. A Call To Action: PL:. Now is the time to act. States should already be at full stride. Programs that should be underway now include: 4- State Implementation Plans (SIPs) and revisions to those plans that determine how the air will be cleaned in your area, allocating emissions reductions between industrial and mobile sources of air pollution. 4- New and expanded motor vehicle Inspection and Maintenance Programs. 4- Oxygenated Fuel Programs required by the Fall of 1992 in thirty-nine cities with carbon monoxide problems. 4- State Permit Programs for all major industrial sources. To be effective, these programs and others should be extremely well coordinated between state and federal governments. And as impor- tant, clean air programs should be well coordinated among the states to encourage consistency, reduce conflicts, and facilitate compliance. Industry also must be well prepared. Large and small companies need to become aware of the many new- clean air requirements and deadlines for compliance. As importantly, industry needs to know about the flexible options, pollution prevention incentives, programs that encour- age technological innovation and market-based programs that clean the air at a much lower cost. These programs include, among others: 4- An Early Reductions Program that offers companies incentives to take early voluntary action to reduce emissions, and in so doing, receive a six-year deferral on new clean air requirements. i their own. *'<•.• W snctions AN INTRODUCTORY GUIDE TO SMART IMPLEMENTATION ------- + An Allowance Trading System that enables utilities to buy and sell emission credits among themselves, provided that total emissions reductions are achieved. + A Fuel Averaging Program that enables oil companies to meet tight new reformulated fuel standards by averaging the oxygen content in different grades of gasoline. More Help On The Way In the Summer, both the Advisory Committee and the EPA plan to publish various documents detailing, guiding and suggesting creative clean air initiatives. These include: • A Citizens' Guide to The Clean Air Act (EPA) « A Guide for Small Businesses (EPA) • A Layman's Summary of il The Clean Air Act (EPA) L • A Time Line for State Implementation (EPA) '.' • A Guide to Public Finan- cing Options (CAAAC) A Video on Motor Vehicle Inspection and Maintenance Programs (EPA) A Primer on Consensus-Building and Collaboration for Implement- ing the Clean Air Act (CAAAC) Updated Clean Air Act Implementa- tion Strategy (EPA) Updates on Innovative State and Local Clean Air Act Implementation Activities (CAAAC) We hope these materials will help you to cut through the regulatory complexity and find efficient and cost-effective ways to make these clean air laws work for you. A New Approach We also recognize that guides, brochures, and videos — by themselves — will not make these new clean air policies work. We must have your help. The key to "lower-cost clean air" is a working partner- ship among industry, environmental and health groups, government officials, and other concerned citizens to create flexible approaches that achieve environmental goals. That partnership can be established, and "fast, cleaner and lower- cost clean air" can be achieved, through a shared commitment to the principles which underlie these ambitious new clean air programs: B Regulatory Certainty: providing federal guidance and regula- tions, state and local regulations, and industrial compliance plans that are clear, consistent, and developed as early as possible. • Collaboration: using a variety of methods, all key parties need THE CLEAN AIR ACT OF 1990 ------- to participate to develop regulations creatively and in a way that will lead to efficient and effective implementation. & Enforceability: making clean air rules enforceable and those affected accountable, in order to build a foundation for increased use and acceptance of innovative regulatory approaches. m Flexibility: achieving environmental goals through a combina- tion of traditional approaches and flexible incentive programs that promote innovation and efficiency and bring faster progress towards clean air. • Adequate Resources: recognizing that all parties need to have adequate resources (time, money and personnel) to successfully put these clean air programs in place. "- f £ 18=. i-! We need your leadership to protect the environment in ways new to everyone The stakes are high If we succeed, the rewards will be great. Finally, as we prepare to send you more specific thoughts on "smart implementation,"we welcome your own •i t • . . thoughts and comments. Contact: The Clean Air Act Advisory Committee c/o U.S. EPA, Office of Air and Radiation ANR-443, 401 M Street, S.W. Washington, D.C. 20460 Tel: (202)260-7400 " Fax: (202)260-5155 Tell us what you want either from us or the EPA staff and we will do our best to serve your needs. We also urge you to form your own groups to determine your own clean air needs. Further, we encourage you to contact your state air quality agency, listed on the back cover. Together, we can realize this bold new vision. We can help Americans find the most economical ways to live healthier and more productive lives in a nation with clean, clear, breathable air. AN INTRODUCTORY GUIDE TO SMART IMPLEMENTATION ------- Dtpirtrni;)) ol Environ- iMittat HUnirjirr.enl State Air Quality Agencies Oipart Mirt Hi Environ- irenlil Ceflurvilion i» -, W s ii5--4J"4 '•' Division ol Environ- ;Wj ff-y';t menial Quality fr&f&tem DtpitttntiK ol 1410 K no*. 3'0 Fit EnvifortimnUI Quality Mi. ID 83"% ctpirtrntnl ol Pollution Ceiimlanl Ecology Aif Rt Mticc« BOJII) Otpjttmirtoltttillh DtpiiUMMOt EnviroflBMBlal Protection Environmcnlil Protection Agency $>-*a.lt 62794-SZ76 Tii em 782-73% Department ot Environ- mental Manaoement Stiff g! tin "jsigsnx.it . W 1-3171 232-8384 Hilunl R«o«rc« imi Department of Conjtirrnr Dfpirlmenlof Nllutil Resources Affls^&sfas Hew ftsWi BtAfing na .Moists Ift SD31& Department ol Health and Environment Dtpartmenttor Environmenlal Proteclion If. !532(5C*3382 Fi> (5001561.3787 Department ol Environmental Quality Department ol Natural Resources Mr dually DMsbn P-O'BoxSOOW Lansing, Mt 48909 Te! 5171373-7023 Fax; (517J 373-1265 Pollution Control Agency Alt Quality Division 520 Laiayolte Road ttolh 9. Pant, m 55155 let: |612} 296-7331 lf-'ijS'"*'J-i'i! Otpattmcnt of t r.viroomtndl Rtjulation -4.'ff-I ~ ---»«'.—K—V-J Department ol Environmenlal Protection Department ol the Environment Dipirtmtntol ....... : '. ....... ..:;.," Environmenlal Proleclion Department of Enulronmental Quality Office of Po!!t«8ftCor*o! AttOmsM PA B« 10386 Jadtson, MS 38388 -•• Tel: (6011 S6I-S171 •• " New Mexico Environ- ment Department Environmental Protection Division Ail Quail? Division Harold Runnels Bldg,, Rra.S21QO P,O.Box2B110 SanlaFaJM 87502 Tel: (505)827-0070 . Fax: (505)827-0045 ! New York State Department of Environ- mental Conservation Department of Natural Resources OMstajtf1 " Environrwital Quality Air Pollution Control Program P,Q-Box176 Ji!?«son Ci'y, MO 65102 Tel" (314)751-4817 FW 3141751-2706 Department of Health and Environmental Sciences Air Quality Bateau CoosiwP Building Rm AI16 Mm, MI 596% Tel: (400 444-3454 Fax; (406)444-1374 Department of Environmental Control *rteS5'Ca/fW 20! CWmmal Ma': Soulli Box 96322 Lincoln. NE 68509-8922 Tet (402) 471-2189 Fax- WOtt 471 -2909 Division ol Environmenlal Protection SurmiolAltQuilily 123 West NM Una Carson C.|y. NV 89710 Tel 17021637-5065 Fte (702) 885-0668 Air Resources Division MM feS!.. Cafe Bx 2033 CeatBflJ.NH 03301 ' ' W (883)271-1370 '•"•• FWI803J 271-1381 • ; '•- ., Deparliii|rit"ol '• ...... :,:::", ,'... Ehvironrnental Protection SstaaMAesim. ...... Duality Air Praym " ''-'' m ®& sea st,«« Floor.. •ittstmnteeexf!-'-': ....... w Tei; (803) 292-6710 ; ............ ....... : ..... .-. F««609) 633-6198 •-•., ..... :.:,- 50Wolfftoad Atony, NY 12233-3250 Tel: (518)457-7230 Fax:(518)457-0794 Department of Environ- ment, Health, and Natural Resources Air duality Section P.O. Box 27687 Raleigh, NC 27611 Tel; (919) 733-3340 Fax:(919)733-5317 North Dakota Slate Department of Health Division of Environmental Engineering 1200 Missouri Avenue, Rffl 304. P.O. Box 5520 Bismarck, ND 58502-5520 Tel; (701)221-5188 Fax; (701) 221-5200 Ohio Environmental Protection Agency Division of Air Pollution Control 1800 Watermark Drive Columbus, OH 43266-0149 Tel: (614)644-2270 Fax:(614)644-2329 Oklahoma State Department ol Health AJrOjallly.Sentee , lOOONEIOIhSlreel P,0, Box 53551 Oklahoma City. OK 73152: Tel: (403)271^20 .. : .Fax: (405) 271-7339 ' Oregon Department of " Environmental Quality :: •> 'Atr Quality eanwiDivlsatt, 8HSW6HIAVWU6' : "I- "'" '•RJrtBsa; OR .97204 ........ ..... :- ..... ;: ..... let $0312283267 /-.**; 'FBr (503) 229-6124 -'.••; ..... s- Pennsylvahia Department of Environ- mental Resources Bureau of Air Quality Control 101 Soiiili2Bd Street, Executive House, Room 116 Harrliburft PA 17105 Tel: (717)787-9702 Fax: (717)772-2303 Department of Environ- mental Management Division oi Air and Hazardous Materials 291 Promenade Street Providence, Rl 02908-5767 Tel: (401) 277-2808 Fax:(401)277-2017 South Carolina Depart- ment of Health and Environmental Control Btiresuol Air Quality Control 2600 Bull Street Columbia, SC 29201 Tel; (803) 734-4750 Fax:(803)734-4556 Department of Environment and Natural Resources Point Source Control Program 523 East Capitol Avenue, Joe Foss Building Pierre, SO 57501 Tel; (605) 773-3351 Fax: (605) 773-8035 Tennessee Department of Environment and Conservation Mslwol AirPalUion Control Qgftmi House, 4tlr Floor! • ., :" 701 Broadway •• '.:'<: Department of : Environmental Quality Division otAir QuaSty 1950 West North Templs Salt Late. Cto.UT 84114-4820 Tel: (801)536-4000 Fax:(801)538-4099 Agency of : Natural Resources ' Air Polliifian Contra/,Division 103S.MainSt.,Bldg.3Sdih Waterbury.VT 05676 Tel: (602)244-8731 i, :Texas Air Cohtrbl Board1 Wyoming Air Quality Division 122 te*25fi Street (B02) 244-87 802)244-31. Fax:(802)244-5141 Department of Air Pollution Control P.O. BOX 10089 Richmond, VA 23240 ; Tel: 1804)786-2378 Fax:(804)225-3933 Washington State Department of Ecology Airpregam ',': P.O; Sox 47600 "i "••., Olyr*pia,WA 98504-7600 : Tel:, pffl 459-6632 v ", ' . Tel: 307)777-7391 Fax;:(307) 777-5973 Department of Planning and Natural .Resources ' Pufljjp Rico Environ- , 1 rne..^^] fluality Board ' Air Poilutio n : ! " Control. Commission i. l55p!Washirif w S.|, E ' " ;,:Eny,lran:ri)fiMal..,., .; ;j, *'.•.••:.' '' IWI^^lDepallWTalitraiW^^* . j||l:::,ei:2:iB-l»v; .'fis«:(512)»4212."'. i, .Eaxrlraj 267-0660 ------- |