&EPA
United States
Environmental Protection
Agency
o
Air And
Radiation
(MD-15)
20A-2002'
January 1990
Progress In The
Prevention And Control
Of Air Pollution
In 1988
Report
To Congress
WPS.'
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PROGRESS IN THE PREVENTION AND CONTROL
OF AIR POLLUTION IN 1988
ANNUAL REPORT OF THE ADMINISTRATOR
OF THE ENVIRONMENTAL PROTECTION AGENCY
TO THE
CONGRESS OF THE UNITED STATES
IN COMPLIANCE WITH
SECTIONS 313, 202(b)(4), AND 306
OF
42 U.S.C. 7401 ET SEQ.
THE CLEAN AIR ACT, AS AMENDED
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, NC 27711
U.S. Environmental Protection Agency
- • -on j, Library (5PL-1S)
2;0 S. Dearborn stt-oet, Boon 1670
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CONTENTS
Page
I. INTRODUCTION AND SUMMARY
A. Introduction I-l
B. .Air Quality Trends, Monitoring, and Modeling . I-l
C. Air Pollution Research Programs 1-4
D. Development of National Ambient Air
Quality Standards 1-8
E. Assessment and Control of Toxic Air Pollutants 1-9
F. Status of Air Quality Management Programs . . 1-11
G. Control of Stationary Source Emissions .... 1-14
H. Stationary Source Compliance 1-15
I. Control of Mobile Source Emissions 1-17
J. Stratospheric Ozone Protection 1-19
K. Indoor Air Quality 1-19
L. Acid Deposition 1-20
M. Radon Assessment and Remediation 1-21
N. Litigation 1-22
II. AIR QUALITY TRENDS, MONITORING, AND MODELING
A. National Air Quality and Emission Trends . . . II-l
B. Ambient Air Monitoring II-4
C. Air Quality Modeling II-5
D. Integration of Air Data Systems ........ II-9
E. Emission Factor and Inventory
Guidance Development 11-10
.T. References 11-10
III. AIR POLLUTION RESEARCH PROGRAMS
A. Introduction III-l
B. General Air Pollution Research Activities . . III-l
C. Acid Deposition Research Activities ....', 111-17
D. References 111-24
IV. DEVELOPMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS
A. Description of Activities IV-1
B. References IV-3
111
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V. ASSESSMENT AND CONTROL OF TOXIC AIR POLLUTANTS
A. Introduction V-l
B. Assessment and Regulatory Decisions V-l
C. Federal Regulatory Program -
Stationary Sources V-l
D. Mobile Sources V-5
E. Specific Point Sources V-5
F. Assessing Urban Risk V-6
G. Building State and Local Air Toxics
Control Programs V-7
H. References V-9
VI. STATUS OF AIR QUALITY MANAGEMENT PROGRAMS
A. Post-1987 Ozone/Carbon Monoxide
Implementation Issues VI-1
B. VOC RACT Clearinghouse VI-3
C. Particulate Matter Implementation
Policy and Guidance VI-3
D. Visibility Protection in Federal
Class I Areas VI-5
E. Tall Stacks and Other Dispersion Techniques . VI-6
F. State Implementation Plans for Lead VI-7
G. Prevention of Significant Deterioration and
Nonattainment New Source Program Activities . VI-7
H. SIP Processing VI-9
I. National Air Audit System VI-10
J. Air Pollution Training VI-ll
K. References VI-11
VII. CONTROL OF STATIONARY SOURCE EMISSIONS
A. New Source Performance Standards (NSPS) . . . VII-1
B. BACT/LAER Clearinghouse VII-l
C. Control Technology Center VII-l
D. References ' VII-2
VIII. STATIONARY SOURCE COMPLIANCE
A. General Vlll-l
B. Litigation VIII-3
C. Compliance Guidance and Initiatives VIII-8
D. Compliance by Federal Facilities VIII-10
E. List of Violating Facilities VIII-10
IV
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IX. CONTROL OF MOBILE SOURCE EMISSIONS
A. Introduction IX-1
B. Ozone Control IX-2
C. Vehicle Fuels and Air Toxics IX-3
D. standard Setting IX-5
E. Preproduction Compliance IX-6
F. Vehicle Inspection Program IX-8
G. Mobile Source Enforcement IX-9
H. Imports IX-12
I. Litigation IX-13
J. References IX-13
X. STRATOSPHERIC OZONE PROTECTION
A. Description of Activities X-l
B. References X-2
XI. INDOOR AIR QUALITY
A. Description of Activities XI-1
B. Development of EPA Indoor Air Policy XI-2
C. References . •. XI-3
XII. ACID DEPOSITION XII-1
XIII. RADON ASSESSMENT AND REMEDIATION
A. Description of Activities Xlll-i
B. References -XIII-6
XIV. LITIGATION
A. Clean Air Act (CAA) Section 109: National
Ambient Air Quality Standards XIV-l
B. CAA Section 110: State Implementation
Plans (SIP'S) XIV-2
C. CAA Section ill: New Source Performance
Standards (NSPS) XIV-3
D. CAA Section 112: Hazardous Air Pollutants . . XIV-3
E. CAA Section 123: Stack Heights XIV-4
F. CAA Section 126: Interstate Pollution
Abatement XIV- 4
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G. CAA Section 169A: Visibility Protection . . . XIV-5
H. CAA Part D: Nonattainment Provisions .... XIV-5
I. CAA Section 203: Importation Requirements . . XIV-6
J. CAA Section 304: Citizen Suits XIV-7
K. CAA Section 307: Judicial Review XIV-7
L. Enforcement of CAA Requirements XIV-7
M. Common Law Nuisance XIV-11
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PREFACE
The Clean Air Act, as amended, authorizes a national
program of air pollution research, regulation, and enforcement
activities. This program is directed at the Federal level by the
U.S. Environmental Protection Agency (EPA). However, primary
responsibility for the prevention and control of air pollution
continues to rest with State and local governments. The EPA's
role is to conduct research and development programs, set
national standards and regulations, provide technical and
financial assistance to the States, and, where necessary,
supplement State implementation programs.
Section 313 of the Clean Air Act requires the Administra-
tor to report on measures taken toward implementing the purpose
and intent of the Act. This report covers the period January 1
to December 31, 1988 and describes the issues involved in the
prevention .and control of air pollution and the major elements of
progress toward that goal that have been made during that time.
In addition, this report also includes two other EPA reports to
Congress required under the Clean Air Act, as amended:
1. Section 306 report on Federal procurement and
violating facilities (Chapter VIII); and,
2. Section 202(b)(4) report on measures taken in relation
to motor vehicle emissions control (Chapter IX).
VII
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I. INTRODUCTION AND SUMMARY
A. INTRODUCTION
This report, which has been prepared in order to satisfy the
requirements of sections 313, 202(b)(4), and 306 of the Clean Air
Act (Act), describes the progress that the Environmental Protec-
tion Agency (EPA) has made in the prevention and control of air
pollution during calendar year 1988. The following paragraphs
summarize the contents of the remaining chapters of this report,
especially insofar as those chapters illuminate current under-
standing of air quality problems, controls, and administrative
apparatus.
B. AIR QUALITY TRENDS, MONITORING, AND MODELING
Since it takes approximately 1 year to assemble, analyze,
and report air quality and emissions data on a national basis,
the latest air quality and emissions data available for this
report are for the year 1987.
All of the criteria pollutants showed improvements in air
quality and emissions between 1978 and 1987. Specific details on
air quality and emissions levels, for each of the pollutants to
which national ambient air quality standards (NAAQS) applied in
1987, are as follows:
o Annual average ambient total suspended particulate (TSP)
levels decreased 21 percent between 1978 and 1987, while
TSP emissions decreased 23 percent. Between 1986 and
1987, ambient TSP levels increased 2 percent, and TSP
emissions increased 3 percent. On July 1, 1987, EPA
promulgated new standards for particles nominally 10
micrometers and smaller in diameter (PM10) , rather
than TSP. PM10 monitoring networks are now reporting
nationally but do not have sufficient data history for
trends.
o Annual average ambient sulfur dioxide levels decreased 35
percent between 1978 and 1987, while total sulfur oxide
emissions decreased 17 percent. Between 1986 and 1987,
ambient sulfur dioxide levels declined 3 percent, while
total sulfur oxide emissions declined 1 percent.
o Ambient carbon monoxide levels decreased 32 percent
between 1978 and 1987, while total carbon monoxide
emissions decreased 25 percent. Ambient carbon monoxide
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levels decreased 6 percent between 1986 and 1987. The
long term progress reflects the continuing reductions in
carbon monoxide emissions brought about by the Federal
Motor Vehicle Control Program.
o Annual average ambient nitrogen dioxide levels decreased
12 percent between 1978 and 1987. During this time,
total nitrogen oxide emissions decreased by 8 percent,
and highway vehicle emissions, the source category likely
impacting the majority of nitrogen dioxide monitoring
sites, decreased by 15 percent. Between 1986 and 1987,
ambient nitrogen dioxide levels were unchanged, while
total nitrogen oxide emissions increased 1 percent.
o The composite average of the second highest daily maximum
1-hour ambient ozone values decreased 16 percent between
1978 and 1987, while volatile organic compound (VOC)
emissions decreased 17 percent. The decrease in ambient
ozone levels is complicated by the change in the ozone
calibration procedure that occurred in the 1978-79 time
period. In the post-calibration period (1979-1987),
ambient ozone levels decreased 9 percent. The ozone
trend in the 1980's shows that the 1980 and 1983 values
were higher than those in 1981, 1982, 1984, 1985, 1986,
and 1987. However, 1987 levels were 5 percent higher
than 1986 and 1988 levels are expected to be even higher
likely due to the hot summer weather.
o Ambient lead levels decreased 88 percent between 1978 and
1987, while lead emissions decreased 94 percent. Between
1986 and 1987, ambient lead levels declined 19 percent,
while lead emissions declined 6 percent. This extremely
large long-term decrease in both air quality levels and
estimated emissions is largely due to the reduction of
the lead content of leaded gasoline.
The EPA promulgated regulations in 1979 which requires
States to establish and operate air monitoring networks and to
report the data to EPA. Two types of permanent stations are
provided for in the regulations - State and Local Air Monitoring
Stations (SLAMS) and National Air Monitoring Stations (NAMS).
The SLAMS, which were designed to meet the overall monitoring
requirements of State Implementation Plan (SIP) activities, were
required to meet all provisions of the regulations by January 1,
1983. Through December 1988, 3967 SLAMS monitors were operating
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in accordance with the requirements of the regulation. The NAMS,
which are a subset of the SLAMS network, are designed to provide
a national monitoring network as required by section 319 of the
Act. Through December 1988, 957 NAMS monitors were operating in
accordance with the requirements of the regulations.
Ambient hydrocarbon data were collected at 45 sites in 30
cities in 1988 in order to measure nonmethane organic compounds.
Results from this activity are used in estimating the amount of
source control needed to attain the ozone ambient air quality
standard.
During 1988, efforts to improve guidance on air quality
models and to ensure consistency in their use continued. An air
quality model clearinghouse was maintained to ensure that use of
nonguideline techniques does not lead to inconsistent regulatory
decisions. Regulatory action to update the "Guidance on Air
Quality Models (Revised)" continued with a notice of rulemaking
published in January 1988. As required by section 320 of the
Act, EPA held the Fourth Conference on Air Quality Modeling in
October 1988. To foster consensus on the use of models in air
quality control programs, the Standing Air Simulation Work Group
(SASWG) was initiated by EPA in May 1988. Working group discus-
sions with the Federal Highway Administration (FHWA) continued
in 1988 in an effort to resolve requirements and procedures for
modeling highway intersections and preliminary studies to compare
the emissions and traffic components of a number of intersection
models were completed. In addition, a joint project with the
National Park Service, funded through an Interagency Agreement,
was successfully concluded and resulted in the publication of
the "Workbook for Plume Visual Impact Screening and Analysis."
During 1988, an updated version of the Urban Airshed Model (UAM)
was installed at EPA and a study was initiated in which potential
usefulness of the UAM for SIP applications is being explored in
five cities.
Efforts continued during 1988 to strengthen EPA's capabi-
lities for modeling potential releases of toxic chemicals into
the atmosphere. A screening model to assess whether a release is
likely to behave as a dense or buoyant (Relief Valve Discharge
Model—RVD) was documented and published. A refined model for
elevated, high momentum dense gases and its accompanying user's
manual was also made available to the public. As a technology
transfer activity, three workshops on air toxic modeling were
presented for Regional Office, State and local control agency
modelers in 1988. Also during 1988, a plan for air toxics
modeling activities over the next three yearsvwas developed.
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During 1988, EPA continued its three year program to apply
the EPA Regional Oxidant Model (ROM) for selected emissions
control strategies in the Northeast States. During 1988, a
series of past ozone episodes were reviewed and a subset was
selected for subsequent modeling. A sequence of control strategy
types was also identified for subsequent simulation with ROM and
procedures were developed to adjust emission inventories provided
by the National Acid Precipitation Assessment Program (NAPAP)
1985 data base to be episode specific. In addition, ROM was used
to simulate several control strategies specified by the Vice
President's TasJc Force on Alternative Fuels as well as to address
several strategy issues involving control of volatile organic
compounds, nitrogen oxides, or both.
The Aerometric Information Reporting System (AIRS) is an
integrated data system being developed by EPA to entirely replace
the existing data bases, files, and software now used by EPA for
storing and retrieving ambient air quality data, stationary
source emissions, and compliance data. Full implementation in 28
States of the air quality component of AIRS was accomplished by
October 1988 with training, user manuals, and troubleshooting
services being provided to the user community.
Also in 1988, EPA continued to publish revisions to emission
factors for use by States and others to estimate source emissions
and to compile emission inventories. Most of the revisions in-
volve additions of size-specific emission factors, with emphasis
on PM10, for use in implementing the new PM10 ambient air quality
standard promulgated in 1987.
C. AIR POLLUTION RESEARCH PROGRAMS
The EPA conducted a number of research activities in 1988
to support various air pollution control programs. Research
was conducted to support the development and review of national
ambient air quality standards, to develop new source performance
standards and State implementation plans, and to support regula-
tions for hazardous air pollutants. Research was also conducted
to support the EPA mobile source regulatory program, the indoor
air pollution program, the radon program, the stratospheric ozone
program, and the Agency's global warming program. Considerable
research was also conducted by EPA in 1988 in the area of acid
deposition.
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In the area of research support to the national ambient air
quality standards process in 1988, EPA drafted revisions to the
criteria document for carbon monoxide and continued work on
revisions of the criteria documents for oxides of nitrogen
(NOx). An issue paper on the health effects of acid aerosols
was reviewed by both the public and the Clean Air Scientific
Advisory Committee. The third in a series of highly successful
international symposia under a U.S.-Dutch memorandum of under-
standing was held in the Netherlands and addressed ozone re-
search and policy development aspects, including coverage of
both tropospheric ozone and stratospheric ozone depletion.
Five additional monitoring methods for criteria pollutants
(two for carbon monoxide, three for lead) were designated as
reference or equivalent methods and an EPA committee evaluated
the issue of uncertainty in measurement data produced by PM10
samplers. Two reports describing wind tunnel testing of PM10
samplers were prepared and a test site for the evaluation
of continuous or automated PM10 samplers was established
in Birmingham, Alabama. Nonmethane organic compound (NMOC)
monitoring was carried out at 45 sites during the summer of
1988 (fifth year) to assist States in meeting the national'
ambient air quality standards for ozone. The EPA national
ambient air audit program was expanded by the addition of
mailable and rugged audit devices for ozone, nitrogen dioxide,
and dichotomous flow (in PM10 samplers). During 1988, the
Eastern Fine Particle Visibility Monitoring Network estab-
lished a five site network to study the relationships between
fine particle composition and regional haze. A chronic (18
month) inhalation study in which rats breathed 03 or NO2 in
a diurnal pattern which simulated urban smog profiles in pol-
luted cities was in process in 1988. In addition, in response
to findings that ozone levels in the air of major cities usually
follow a pattern of 4-8 hour peak values, studies were initiated
to address the adequacy of the 1 hour national ambient air
quality standard for ozone.
The EPA conducted several research programs in 1988 related
to assisting in the development of new source performance
standards and State implementation plans. The second generation
Regional Oxidant Model (ROM2), under development and testing over
the last few years, became operational in 1988 and applications
were begun for the northeastern United States. Work continued on
the development of the Regional Particulate Model which will be
used to assist in the formation of revised standards for inhal-
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able particulate matter, visibility, and acid aerosols. The
user's guide for the Complex Terrain Dispersion Model (CTDM) was
published and an examination and assessment was conducted of the
EPA User's Network for the Applied Modeling of Air Pollution
(UNAMAP) in order to improve the transfer of air quality models
to the user community. A study was prepared that summarized
all available published and unpublished results on the source
apportionment of ambient fine particle extractable organic matter
and related mutagenicity from measurements made in three U.S.
cities under the Integrated Air Cancer Project. Research was
conducted to demonstrate the effectiveness of using the low NOx
burner designed for heavy oil to applications involving the
incineration of nitrogenated wastes.
The EPA also conducted numerous research activities in 1988
related to the control of hazardous air pollutants. Several
health assessment documents and Tier I health assessment
summaries were in various stages of completion during the year.
Also initiated were an updated risk assessment for both carcino-
genic and non-carcinogenic effects of diesel emissions, and an
evaluation of health risks associated with incineration of
hospital wastes. The first year's monitoring for 36 toxic
compounds was completed in support of EPA's Urban Air Toxic
Monitoring Program. As part of a joint US-USSR air pollution
study, EPA scientists in September 1988 measured the levels of
volatile organic compounds, polynuclear aromatic hydrocarbons,
nitrogen dioxide, formaldehyde, and several trace elements along
the Kiev Highway in Leningrad, USSR. Development and validation
of stationary source emission methods for butadiene, ethylene
oxide, and methylene chloride were completed and published and
studies to develop methods for acrylonitrile, carbon tetrachlo-
ride, chloroform, and formaldehyde were also conducted. Five new
peer-reviewed sampling and analytical methods for various toxic
organic pollutants were added to the compendium of methods for
toxic organic pollutants in ambient air. Ambient air quality
measurements for a variety of volatile organic compounds of
interest were collected through the Toxic Air Monitoring Stations
(TAMS) program. The National Ambient Volatile Organic Compounds
Data Base has been updated as the result of an ongoing effort to
gather, evaluate, and compile the measured concentrations of a
large variety of volatile organic compounds (VOC's) including
hazardous compounds. A VOC commuter exposure study was per-
formed during late 1988 in Raleigh, North Carolina, in order
to determine exposure levels to selected organic and inorganic
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pollutants during automobile driving and to evaluate sources for
these chemicals within the automobile interior. The first full
scale Integrated Air Cancer Project conducted in Boise, Idaho,
was completed in 1988; the impact of woodsmoke and mobile sources
on the organicist and mutagenicity of the airshed were charac-
terized and assessed. Environmental engineering studies and
field tests were conducted to support development of air emission
regulations for municipal waste combustion facilities.
Numerous EPA research activities were related to mobile
source emissions in 1988. The EPA continued to assess human
exposure to automobile-related pollutants and to compile a
baseline of ambient formaldehyde and other aldehydes as part of
monitoring studies for reference to judge the possible impact of
changing fuel mixture. Research was conducted to examine the
sensitivity of tailpipe emissions from late model gasoline motor
vehicles to variations in ambient temperature; the data indicate
significant increases of total hydrocarbons (THC) and CO emis-
sions as ambient temperature decreased. Extensive research was
conducted to determine the threshold levels of carboxyhemoglobin
that produce health effects in susceptible populations.
In 1988, EPA continued to support research related to indoor
air quality. Research related to monitoring, and exposure acti-
vities on an advanced indoor air quality model developed by EPA
and the National Bureau of Standards, a compendium of standard
indoor air monitoring methods to be used widely in the indoor air
research and diagnostic community, the development of advanced
monitoring and analytical methods, and a demonstration building
investigation study at the Library of Congress. Exposure-
dosimetry studies of environmental tobacco smoke were conducted
in the normal indoor exposure environments (day care and home)
and controlled chamber environments of preschool children.
Research studies were conducted on human response to gas phase
organic compounds found in the indoor environment, children
exposed to environmental tobacco smoke, the mutagenic potency of
the emissions from unvented kerosene heaters, and animal testing
procedures to better study a range of health effects such as
reproductive and developmental effects, obstructive lung disease,
and general respiratory irritation.
In 1988, radon mitigation research focused on field testing
of reduction measures in existing houses; initial testing of
reduction measures in schools; and testing of features incor-
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porated into new homes during construction to prevent radon
entry. Technical guidance manuals describing the radon reduc-
tion measures investigated for both existing houses and new
construction were issued for use by home owners, builders, and
state/local officials.
In the area of stratospheric ozone, the largest part of the
EPA's stratospheric ozone research program in 1988 consisted of
research on the effects of radiation in the 290-320 nanometer
waveband (UV-B radiation) on ecological systems, including
agroecosystems and silvaculture systems. In an effort to reduce
the amount of stratospheric ozone depleting chlorofluorocarbons
(CFC's) released during the servicing of auto air conditioners,
a project was initiated in the summer of 1988 to determine the
acceptability of recovering and reusing the CFC refrigerant. A
cooperative study with the Electric Power Research Institute was
initiated in 1988 to evaluate new chemicals thought to have good
potential for replacing existing ozone depleting CFC's and
halons.
The EPA's research program related to global warming is
aimed at evaluating potential changes in the environment
associated with changes in the climate system. A major report
published by EPA in 1988 described the possible interactions
between climate change and atmospheric chemistry that need
investigation on both local and/or regional and global scales.
In addition, the EPA co-sponsored an international workshop in
Paris in June 1988 to solicit research efforts to further
characterize direct nitrogen dioxide (N20) emissions from fossil
fuel combustion and studies were conducted to characterize the
direct emissions of N2O from stationary combustion sources.
The EPA also conducted numerous research activities in 1988
related to acid deposition. The 1985 National Acid Precipitation
Assessment Program (NAPAP) emissions inventory was compiled and
distributed for use by atmospheric chemists and policy analysts;
these data supplant the 1980 data for use in acid deposition and
oxidant scientific and regulatory studies. Emission projection
models were also advanced in 1988 to forecast emissions into the
future given various energy, economic, and societal assumptions.
In 1988, work continued on development of the ADVACATE
process, an EPA-conceived technology designed for removal of SOx
from either new or existing coal-fired boilers. The National
Stream Survey-Phase I (NSS-I) was conducted in the Mid-Atlantic
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and Southeast regions of the United States as part of the
National Surface Water Survey; the NSS-I focused on regions of
the United States where, on a national scale, acidic deposition
rates are relatively high. The Episodic Response Project was
initiated in 1988 to examine episodic acidification and asso-
ciated biological effects in streams of the Northern Appalachian
Plateau of Pennsylvania and the Catskills and Adirondacks of New
York. Sampling strategies for the detection of long-term trends
in surface water acidification were analyzed as part of the
Temporally Integrated Monitoring of Ecosystems Project. Forty-
nine lakes in the Upper Peninsula of Michigan were surveyed to
evaluate the status of fish communities in the region relative to
potential effects from acidic deposition. The EPA continued its
Direct/Delayed Response Project in 1988 which focuses on chronic
sulfate deposition effects to determine the rate at which average
annual surface water acid neutralizing capacity might be expected
to reach zero, given various rates of sulfate deposition. The
joint US EPA/USDA Forest Service Forest Response Program con-
tinued to research the effects of acidic deposition on Southern
commercial pine forests, spruce/fir forests, western coniferous
forests, and eastern hardwood forests.
D. DEVELOPMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS
The 1977 Clean Air Act Amendments require EPA regularly to
review, and where necessary revise, the national ambient air
quality standards. During 1988 all six air quality standards
were under active review along with a candidate new standard,
acid aerosols.
On April 26, 1988, EPA announced its proposed decision not
to revise the national ambient air quality standards for sulfur
oxides (sulfur dioxide). In that same notice, EPA also sought
public comment on the alternative of establishing a new 1-hour
standard of 0.4 ppm and making certain revisions to the existing
standards. The notice also proposed revisions to the 24-hour
significant harm level and proposed a new short-term significant
harm level. The comment period on the proposals closed in
November 1988.
At a meeting held in December 1988, the Clean Air Scientific
Advisory Committee (CASAC) recommended a more stringent welfare
air quality standard for ozone but was split on whether to retain
or tighten the health standard. Most CASAC members also indi-
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cated it was premature to set a longer-term health standard.
The EPA will consider modifications to the ozone air quality
standards after receiving written recommendations from the CASAC.
Activities in 1988 related to the review of the NAAQS for
lead focused on completion and review of a draft report detailing
methodologies for multi-media lead exposure analyses and their
validation. A CASAC subcommittee completed its review of the
draft report in October 1988. Results of exposure analyses using
these methodologies will be incorporated into the lead staff
paper as part of the overall risk assessment on alternative lead
standards. It is anticipated that CASAC will review a revised
draft of the lead staff paper in early 1989.
On July 1, 1987, EPA published an advance notice of proposed
rulemaking soliciting public comment regarding the development of
a new secondary ambient air quality standard for fine particles
(those particles less than 2.5 micrometers in aerodynamic dia-
meter). In 1988, EPA reviewed the comments received from the
notice. In a related area, the EPA also held the first meeting
of the CASAC visibility research subcommittee in 1988. This
subcommittee will 'review current scientific knowledge related to
visibility as well as related ongoing research activities in
order to advise EPA on future research priorities.
With regard to reviews of the carbon monoxide and nitrogen
dioxide air quality standards, EPA began the process of preparing
a new criteria document for carbon monoxide in 1987. An external
review draft of the revised criteria document is scheduled to be
available for public review in 1989. An external review draft of
the revised nitrogen dioxide criteria document is scheduled to be
available for public review in 1990.
Also during 1988, EPA completed and released for public
review a draft document entitled "Acid Aerosols Issue Paper."
The document, prepared in response to CASAC recommendations,
evaluates emerging health effects literature to assist Committee
deliberations on whether or not acid aerosols warrant listing as
a criteria pollutant. After reviewing the document and research
needs at a June meeting, a CASAC subcommittee made a recommenda-
tion that EPA consider listing acid aerosols. On October 6 the
full CASAC met to discuss the subcommittee's recommendations.
The full committee did not recommend EPA consider listing at that
time. Instead, CASAC recommended proceeding on several fronts to
fill critical information gaps.
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E. ASSESSMENT AND CONTROL OF TOXIC AIR POLLUTANTS
In 1988, EPA continued to implement an active program to
screen and assess potentially toxic air pollutants for possible
regulation under the Clean Air Act or other environmental
authorities.
The EPA initiated a shift in the emphasis of the air toxics
assessment program from a pollutant basis to a source category
basis. The objectives of the change were to provide a broader
focus on source category emissions, to focus assessments on the
most likely regulatory candidates (source categories), and to
accelerate the assessment process. During 1988, a comprehensive
list of stationary source categories and an accompanying ranking
methodology were developed. With the development of the source
category ranking system, decisions on several pollutants in
preliminary assessment were deferred pending consideration as
constituents of source category emissions. A decision not to
pursue Federal regulation of naphthalene was published and 10
pollutants remained in various stages of assessment.
In July 1987, the Circuit Court of Appeals for the District
of Columbia vacated EPA's 1985 withdrawal of a proposed revision
of the NESHAP for vinyl chloride. During 1988, EPA worked on
preparing a NESHAP policy that would be consistent with the
Court's decision. In June 1984, the EPA promulgated a NESHAP
for benzene equipment leaks and withdraw proposed NESHAP's for
benzene emissions from maleic anhydride plants, ethylbenzene/
styrene plants, and benzene storage tanks. Following the above
mentioned vinyl chloride decision, EPA requested and was granted
a voluntary remand of the benzene NESHAP to reconsider the three
withdrawn proposals and the benzene fugitive NESHAP. The EPA's
proposed response to the remand was published on July 28, 1988.
The final response, scheduled to be published in 1989, will form
the policy basis for NESHAP for other source categories.
Work on a comprehensive asbestos NESHAP revision was delayed
in 1988 pending a decision on how to implement the court's ruling
on vinyl chloride. The EPA proposed rules related to improved
enforceability of the asbestos NESHAP in January 1989. During
1988, NESHAP development continued for chromium emissions from
electroplating and industrial cooling towers, and a proposed
regulation to prohibit the use of chromium in comfort cooling
towers was published under the authority of the Toxic Substances
Control Act.
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In 1988, EPA accepted a voluntary remand of all radionuclide
NESHAP. Work continued to repropose regulatory decisions for 12
radionuclide source categories: Nuclear Regulatory Commission
(NRC) licenses, Department of Energy (DOE) facilities, radon
emissions from DOE facilities, high-level waste facilities,
uranium fuel cycle facilities, elemental phosphorus plants, coal-
fired boilers, underground uranium mines, open pit uranium mines,
phosphogypsum piles, active mill tailing piles, and disposed mill
tailings.
Decisions on which source categories of cadmium warrant
regulation were still under consideration by EPA in 1988. Work
continued in 1988 on a rule to regulate emissions from new and
modified municipal waste combustion (MWC) units using new source
performance standards. Similarly, work continued on a rule to
regulate emissions from new and modified municipal landfills
using new source performance standards.
The Resource Conservation and Recovery Act (RCRA) requires
EPA to promulgate such regulations for the monitoring and control
of air emissions at hazardous waste treatment, storage, and dis-
posal facilities (TSDF's) as may be necessary to protect human
health and the environment. Current EPA plans call for develop-
ment of regulations for these facilities in three phases. The
first group of standards addresses sources for which EPA can
develop standards relatively quickly because similar sources have
already been regulated under the Clean Air Act. These standards
address air emission vent and fugitive emissions from some of the
treatment devices that will be used to meet the RCRA land dispo-
sal restrictions. These standards were proposed in 1987 and
are scheduled to be promulgated in 1989. The second group of
standards, which addresses the bulk of the sources, is scheduled
for proposal in 1989. The third group of regulations will cover
certain subsets of the source categories for which EPA will
likely be unable to develop rules during the second round.
In 1988, EPA continued to pursue that portion of its overall
strategy to control emissions of air toxics that provides State
and local air pollution control agencies with funding and techni-
cal support to evaluate specific point sources. Sources that
are candidates for this program include those that have been
identified through the Federal toxic air pollutant assessment
program as well as those certified by State and local air
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pollution control agencies. Funding was provided for 17 state
and local evaluations of potential high risk point sources in
a variety of source categories in 1988.
In 1986, EPA initiated planning activities to encourage
States to undertake new efforts toward assessing the scope and
seriousness of current exposures to the mixtures of air toxic
compounds which are believed commonplace in large metropolitan
areas. The EPA continued in 1988 to provide funds under section
105 of the Clean Air Act and technical assistance to States to
encourage them to undertake such assessment efforts in a number
of areas.
The EPA has established a goal to have quality programs in
every State and major local agency that are adequate to carry out
certain roles envisioned within the national air toxics strategy.
During 1988, progress continued to be made toward meeting this
goal. The progress was in part due to EPA's program to enhance
State and local program development. This program uses available
grant funds to promote multi-year planning on the part of State
and local agencies and subsequent implementation of these plans
for building their air toxics capabilities and programs. To
assist in implementation of multi-year development plan activi-
ties, EPA expanded its program of technical support in 1988.
First, EPA continued its practice of developing and distributing
technical assistance documents for assisting State and local
agencies to estimate air toxics emissions. Next, EPA's Control
Technology Center (CTC) continued in full operation in 1988 and
activities of the National Air Toxics Information Clearinghouse
(NATICH) were also continued.
Another information center, the Air Risk Information Center
(Air RISC) became operational in 1988. In addition, a series of
national workshops in three subject areas were conducted in
partnership with the State and Territorial Air Pollution Program
Administrators (STAPPA) and the Association of Local Air Pollu-
tion Control Officials (ALAPCO) to assist State and local
agencies in program development and implementation.
F. STATUS OF AIR QUALITY MANAGEMENT PROGRAMS
In 1987, EPA developed a proposed policy on how to treat
areas which had not attained the ozone and carbon monoxide air
quality standards by December 31, 1987. The proposed policy was
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published in the Federal Register in November 1987 and work to
complete the policy continued during 1988. In a related area,
because of concerns that EPA might act to impose sanctions on
States for nonattainment of air quality standards and uncertainty
whether the Clean Air Act required EPA to do so, Congress enacted
the Mitchell-Conte Amendment to the Budget Reconciliation Act of
1987 which postponed EPA implementation of sanctions until August
31, 1988. When the Mitchell-Conte deferral of sanctions expired,
construction sanctions were imposed in Los Angeles, CA; Ventura
County, CA; Sacramento, CA; and both the Illinois and Indiana
portions of the Chicago metropolitan area as a result of liti-
gation against EPA. The construction moratorium in these areas
applies to major volatile organic compounds (VOC) sources plus
major carbon monoxide (CO) sources in Los Angeles. These areas
were some of the ones for which EPA proposed sanctions in a
Federal Register notice dated July 14, 1987.
The Clean Air Act requires EPA to develop Federal Implemen-
tation Plans (FIP's) when a State fails to submit a SIP, if the
SIP is inadequate, or if the State fails to revise its SIP when
required by EPA to do so. In 1988, because of litigation by
interested parties, EPA was working on FIP's in several areas.
These areas include the South Coast Air Basin (Los Angeles), CA;
Ventura County, CA; Sacramento, CA; and Chicago, IL (including
the Indiana portion of the Chicago metropolitan area).
Section 110(a)(2)(H) of the Clean Air Act allows EPA to
notify a State whenever the SIP is deemed "substantially inade-
quate" to provide for attainment of the NAAQS. On May 26, 1988,
the EPA Regional Administrators sent letters to the Governors of
42 States and the Mayor of the District of Columbia notifying
them that their air pollution control plans for achieving the
ozone and/or carbon monoxide standards were found to be sub-
stantially inadequate and that revisions were necessary. The
inadequacy of the SIP's was based upon failure to attain these
standards by December 31, 1987, as specified in the Clean Air Act
and was based upon ozone and carbon monoxide air quality data
through 1987.
The EPA published revised implementation regulations and
guidance for particulate matter on July 1, 1987 in conjunction
with revisions to the national ambient air quality standards
(NAAQS) for particulate matter (PM10) . As States began revising
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their particulate matter SIP's, it became apparent that some
areas with sources which are very difficult to control or those
sources whose controls would be potentially disruptive to present
lifestyles would not be able to attain the standards in three to
five years, as required by the Clean Air Act. Therefore, in
1988, EPA developed a long-term nonattainment policy to provide
general guidance for reviewing those SIP's which will not be able
to persuasively demonstrate attainment of the NAAQS within three-
five years. In addition, EPA began developing policies in 1988
for addressing attainment issues for specific particulate matter
source categories. The first in a series of guidance documents
on the control of open fugitive dust sources was issued and
development of a similar document for residential wood combustion
was begun. On July 1, 1987, EPA solicited comments on alterna-
tive SIP requirements for rural fugitive dust areas and on the
adequacy of the criteria used to identify such areas. In 1988,
EPA formed an interagency work group to address the issues re-
lated to revising the rural fugitive dust policy as it pertains
to PM10. The work group made progress in 1988 toward defining
the criteria for a rural fugitive dust area and identifying
control requirements appropriate for these areas.
•The EPA's PM10 implementation regulations do not require
States to develop a full attainment demonstration and control
strategy for every area of the country since an analysis of
ambient particulate matter data for 1984-1986 indicated that less
than 5 percent of the 3141 counties in the United States may have
PM-0 concentrations above the NAAQS. Consequently, EPA placed
all areas of the country into one of three groups to prioritize
the review and revision of existing SIP requirements for parti-
culate matter. The grouping was based upon the probability of
violating the PM10 air quality standards. Group I areas are
those having a very high probability of violating the PM10
standards. Group II areas have a moderate probability of
violating the standards, and Group III areas are those EPA
believes are already attaining and can maintain the standards.
Completed SIP's were submitted to EPA for two Group I areas by
the end of 1988 and draft SIP's were submitted for 20 additional
areas. A total of 59 Group I areas were identified initially.
Final SIP's for 95 of the 112 Group II areas were submitted to
EPA in 1988. There are 56 Group III areas each of which requires
revisions to State regulations to facilitate implementation of
the PM10 NAAQS. Revisions were completed by 18 States and the
territory of Puerto Rico in 1988. Draft SIP revisions were
submitted to EPA for 13 additional States in 1988.
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Starting in July 1985 and ending in 1986, EPA promulgated
FIP's for new source review and monitoring for those States which
had not submitted SIP's for visibility protection in Class I
prevention of significant deterioration (PSD) areas in accordance
with EPA regulations promulgated in 1980 to implement section
169A of the Clean Air Act. To implement the monitoring program,
EPA, the National Park Service (NPS), the Bureau of Land Manage-
ment, the Fish and Wildlife Service, and the U.S. Forest Service
established the IMPROVE (Interagency Monitoring of Protected
Visual Environments) network. Since many of the Class I areas
are national parks or monuments, NPS accepted the responsibility
for operating the network and has provided the major funding for
it since its inception in 1987. Implementation of the planned
monitoring network continued during 1987 and 1988, and all sites
will be operational in 1989. Also with regard to visibility
protection, on September 15, 1988, EPA proposed to find that
controls were not necessary to remedy plume-blight-type
visibility impairment in 4 Class I areas.
The EPA issued regulations in 1982 and in 1985 restricting
the use of tall stacks and other dispersion techniques which
otherwise might be used to avoid constant emission controls.
These regulations implement section 123 of the 1977 Clean Air
Act Amendments. In January 1988, the U.S. Court of Appeals
issued its opinion upholding EPA's regulations except for three
provisions, which were remanded for further consideration and
rulemaking. The EPA continued to work on a response to this
remand during 1988. In March 1988, 5 petitions for rehearing
were filed with the U.S. Court of Appeals, but were denied in
April 1988. In June and July 1988, several industrial peti-
tioners sought review by the U.S. Supreme Court of the Court
of Appeals decision. In October 1988, the U.S. Supreme Court
declined to review the case.
In July 1982, the Natural Resources Defense Council (NRDC)
filed suit to require EPA to approve, or disapprove and promul-
gate, SIP's for lead for States that had not submitted adequate
plans. The EPA negotiated a settlement with NRDC giving States
and EPA additional time for completing the SIP's. In 1988, EPA
approved SIP's for lead for 5 States. At the end of 1988, only
1 lead SIP included in the NRDC agreement was still outstanding.
In 1986, the Sierra Club and other environmental groups
filed suit to force EPA to develop PSD regulations for NOx, as
required by section 166 of the Clean Air Act Amendments of 1977.
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In April 1987, the court ordered EPA to develop PSD regulations
for NOx on an expedited schedule. The final rules were published
in the Federal Register on October 17, 1988. The rules become
effective on October 17, 1989, one year after promulgation, as
required by the Clean Air Act.
Prompted by concern for SIP processing delays and the
negative effect of these delays on EPA's relationship with State
and local control agencies, EPA established a task group in 1987
to identify problems in, and recommend changes to, the SIP review
process. An intra-Agency task force was formed to implement the
recommendations contained in the task group report. As a result
of the recommendations and implementation discussions, EPA
undertook two actions in 1988 to improve the general SIP review
process. In the first, guidance on "completeness criteria" was
issued in March 1988 to the EPA Regional Offices. The objective
of this guidance is to ensure that SIP packages submitted by the
State are complete from the perspective of EPA review. In a
second action, EPA issued a policy in June 1988 permitting the
grandfathering of certain SIP actions from meeting the require-
ments of recently issued EPA policies. Where approval of such
action has no significant or lasting environmental impact,
grandfathering the action may better serve EPA-State relations
and avoid additional, but unnecessary, work by the States.
G. CONTROL OF STATIONARY SOURCE EMISSIONS
In 1988, work progressed on the development of emissions
standards for those major source categories not yet regulated
under new source performance standards (NSPS) and on the revision
of various NSPS as appropriate. During 1988, NSPS were promul-
gated for emissions of volatile organic compounds from magnetic
tape manufacturing, petroleum refinery wastewater systems,
plastic business machinery, and residential wood combustion.
The existing NSPS for portland cement plants- and sewage sludge
incineration were revised.
The EPA established the Best Available Control Technology/
Lowest Achievable Emission Rate (BACT/LAER) Clearinghouse several
years ago in order to assist State and local air pollution con-
trol agencies by promoting the sharing of air pollution control
technology information. The primary output of the Clearinghouse
is an annual report of information about BACT/LAER determinations
made by the various control agencies. The report published in
1988 contains over 1700 BACT/LAER determinations.
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The Control Technology Center (CTC) completed its second
full year of operation in 1988. The CTC supports the implemen-
tation of State and local air pollution programs by providing
technical assistance and support on assessing and controlling
emissions from stationary sources. While the major portion of
the CTC's assistance efforts in 1988 was related to air toxics,
the CTC responded to a significant number of requests for
volatile organic compounds and other criteria pollutants as well.
H. STATIONARY SOURCE COMPLIANCE
The EPA conducted a number of activities in 1988 to assure
that stationary sources of air pollution comply with emission
standards. To do this, EPA currently monitors the compliance
status of approximately 35,000 stationary sources of air
pollution. At the end of 1988, compliance rates were 85.7
percent for Class A SIP sources, 88.3 percent for NSPS sources,
and 89.4 percent for NESHAP sources.
States conducted 34,263 inspections and source tests in 1988
and source owners conducted an additional 1157 State-observed
source tests. In addition, EPA conducted 2296 inspections and
source tests in 1988. During 1988, EPA and States issued
immediate compliance orders under section 113(a) of the Act (or
a State equivalent) to 1272 stationary sources. One delayed
compliance order under section 113(d) was issued. In addition,
a total of 119 noncompliance penalty cases were initiated under
section 120 or its state equivalent in 1988. A total of 133
Federal and State civil actions were filed in 1988 against
stationary sources for violations of the Act and EPA filed 10
criminal actions in 1988, all against violators of asbestos
emission standards.
In 1988, EPA continued a high level of activity in
regulating the demolition and removal of asbestos-containing
material from buildings under the asbestos NESHAP. In fiscal
year 1988, EPA and the States received 52,571 asbestos demolition
and renovation notifications (an increase of 21 percent over
1987), conducted 20,275 inspections, and discovered 3,799
violations.
A number of significant judicial actions related to
stationary source compliance occurred in 1988. In United States
v. Alcan Foil Products, the district court ruled on the issue of
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whether EPA can use section 223 of the Clean Air Act to enforce
the currently approved State implementation plan while a State is
trying to change the regulation. The court barred enforcement
when the notice of violation was served more than 4 months after
the proposal. In United States v. Arkwriaht. Inc.. the court
held that the Agency's failure to meet the four month deadline to
act on a proposed SIP revision does not bar enforcement using
section 113 of the Clean Air Act if the notice of violation was
issued before the four-month period had expired. Numerous other
judicial decisions were rendered in 1988 relating to EPA's
asbestos NESHAP, Best Available Control Technology (BACT)
determinations, noncompliance penalties, and violations of the
Clean Air Act by defense contractors.
In March 1988, EPA issued two new strategies related to
conducting source inspections. Those strategies, the Compliance
Monitoring Strategy and the Revised Asbestos Strategy, are to be
implemented during fiscal year 1989. In addition in 1988, EPA
provided technical information related to source compliance with
VOC regulations and initiated numerous studies dealing with VOC
rule effectiveness. In addition, EPA has continued to support
the use of Continuous Emission Monitoring Systems (CEMS) in 1988
as an important tool to promote continuous compliance of sources.
On March 31, 1988, the "OAQPS CEMS Policy" was reissued to pro-
mote and encourage the utilization of CEMS data as a compliance
assessment method. Also on March.31, 1988, EPA issued an interim
control policy for sources that are under order to replace or
upgrade existing control equipment. A fundamental principle of
this policy is that the source must maintain continuous compli-
ance after the new or rebuilt equipment becomes operational.
A total of 414 Class A SIP, NSPS, and NESHAP Federal
facilities are tracked in the air program. As of January 1989,
329 (79 percent) were in compliance.
Section 306 of the Clean Air Act and Executive Order 11738
authorize EPA to bar facilities which deliberately or repeatedly
violate the Clean Air Act from receiving future contracts,
grants, or loans from any Federal agency or branch of the mili-
tary services. During 1988, 5 facilities were recommended for
inclusion on EPA's list of violating facilities for Clean Air
Act violations. Two of these facilities are demolition and
renovation companies with a long history of asbestos standard
violations.
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I. CONTROL OF MOBILE SOURCE EMISSIONS
The EPA made significant progress in 1988 in implementing
its mobile source control program. With the increased focus on
reducing ozone levels, EPA has continued work on several areas
directly aimed at this goal. One of the key actions is con-
rolling excess evaporative emissions through regulation of in-
use gasoline volatility. In 1988, EPA continued work to complete
a rule proposed in 1987 on gasoline volatility; a final rule is
expected in 1989. In addition, EPA continued work on the rule
establishing refueling emission standards for automobiles Another
ozone-related action taken by EPA in 1988 was the development of
a notice of proposed rulemaking which will tighten the light-
duty truck exhaust hydrocarbon and carbon monoxide standards.
Publi- cation of the proposal is expected in 1989.
Several EPA initiatives were related to vehicle fuels in
1988. One of these was the continued development of a notice of
proposed rulemaking to control sulfur and aromatics content of
diesel fuel. Another was the continued investigation of the
roles of all sources of formaldehyde exposure, as well as the
need for control.
The lead phasedown program required by EPA continues to
achieve significant reductions in the use of lead in gasoline,
from six billion grams in 1987 to two billion in 1988. This
represents a 99% decrease from the 206 billion grams of lead
which were used in gasoline in 1973. In 1988, EPA issued a
report to the President and Congress on the use of low-leaded
gasoline (0.10 gram per leaded gallon) and unleaded gasoline
in agricultural equipment designed for leaded gasoline, as
required by the 1985 Farm Bill. EPA also held a public work-
shop to discuss valve protection for agricultural equipment
and certain other equipment designed for leaded gasoline.
The EPA pursued several other mobile source regulatory
activities in 1988. In anticipation of the development of
methanol as motor vehicle fuel, EPA moved forward in the
development of emission standards for methanol-fueled vehicles.
The EPA developed a proposed rulemaking to permit the banking and
trading of oxides of nitrogen and particulate matter emission
credits among heavy-duty gasoline, methanol and petroleum-fueled
diesel engine manufacturers. The EPA continued to promulgate
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nonconformance penalties for those heavy-duty engine families
unable to meet certain standards applicable to a given model
year. A proposal to increase the stringency of the 1991 light-
duty diesel truck particulate standard for light-duty trucks
with heavy-duty engines and to propose nonconformance penalties
was published in 1988.
One of EPA's key techniques for assuring the compliance of
vehicles with the motor vehicle emissions standards is the
preproduction certification program. Initiated in 1968, the
program involves the engineering review and testing by EPA staff
of engine families representing new vehicles which are to be sold
in the United States. The EPA's National Motor Vehicle Emission
Laboratory performed over 950 emission tests on 500 preproduction
prototype vehicles in 1988.
An effective strategy for dealing with in-use emissions
problems is the establishment of motor vehicle inspection and
maintenance (I/M) programs. In 1988, EPA continued to promote
the implementation of I/M programs in each locality where they
were needed. By the end of the year, 64 areas had initiated
programs. To assure that operating I/M and antitampering
programs actually achieve the planned emission reductions, EPA
has initiated a systematic I/M auditing plan. EPA conducted 14
audits during 1988. In addition to I/M programs, EPA has pro-
moted the implementation of State and local antitampering and
anti-fuel switching enforcement programs. By the end of 1988,
42 programs were operational.
The EPA mobile source enforcement program is directed
primarily toward achieving compliance with motor vehicle emis-
sions standards and fuel regulations as required by the Clean Air
Act. In order to assure that production vehicles and heavy-duty
engines are built in accordance with emissions standards, EPA
conducts Selective Enforcement Audit (SEA) test programs at
manufacturers' facilities. In 1988, EPA conducted 20 SEA'S,
including three light-duty audits at foreign manufacturer's
facilities located in the U.S., and four heavy-duty engine
audits. Section 207(c) of the Clean Air Act authorizes EPA to
order the recall of vehicles if a substantial number of any class
of vehicles do not conform to emissions standards during their
useful lives. During 1988, a total of 2,364,200 vehicles were
recalled as a result of EPA investigations. In the same period,
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manufacturers voluntarily recalled an additional 904,100 vehicles
to correct emissions problems. The EPA has continued its aggres-
sive lead phasedown enforcement activities. In 1988, 34 Notices
of Violation (NOV) were issued against refiners/importers under
the lead phasedown program, with penalties of over $9.5 million.
The EPA is also responsible for carrying out programs
designed to deter tampering with vehicle emissions control
systems or using leaded fuel in vehicles which require unleaded
fuel. Surveys undertaken by EPA in 1988 show that tampering and
fuel switching are continuing serious problems which undermine
the emissions control performance of many in-use vehicles. EPA
also continued tampering and fuel-switching enforcement. In 1988,
215 NOV's were issued with penalties of over $2 million. EPA
also continued a "traffic ticket" program for single instances of
equipping a leaded pump with a smaller nozzle that facilitates
misfueling of unleaded vehicles. Forty-nine such tickets were
issued in 1988.
In addition, EPA is responsible for assessing whether the
Federal emission warranty requirements of sections 207(a) and (b)
of the Act are implemented. While EPA continued to respond to
inquiries from the public, it also issued a Notice of Violation
to Ford Motor Company for violations of warranty provisions.
The control of emissions from imported vehicles that are not
built to meet United States standards has become a major issue
in recent years. In 1988, EPA received 15,000 applications and
31,000 inquiries concerning these automobiles. Also in 1988, EPA
implemented new regulations controlling these automobiles. The
goal of these rules is to streamline the process for demonstrat-
ing compliance with Federal emission requirements. The EPA has
also been investigating various laboratories and Independent
Commercial Importers to ensure that nonconforming vehicles have
been properly imported and demonstrate conformity with Federal
emission requirements. In 1988, EPA successfully prosecuted
two laboratories resulting in 10 individual convictions and
one corporate conviction for falsifying test results.
J. STRATOSPHERIC OZONE PROTECTION AND GLOBAL CLIMATE CHANGE
The EPA has been responding to growing scientific evidence
linking increased levels of chlorine and bromine to depletion of
the stratospheric ozone layer. If substantial stratospheric
ozone depletion occurs, increased levels of harmful ultraviolet
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radiation would penetrate to the earth's surface, resulting in
substantial damage to human health and the environment. On
August 12, 1988, EPA issued final regulations pursuant to section
157(b) of the Clean Air Act to implement the Montreal Protocol on
Substances that Deplete the Ozone Layer. By the end of January
1989, this landmark international agreement had been ratified by
26 nations representing about 90 percent of global consumption of
chlorofluorocarbons (CFC's) and halons. The Protocol entered
into force on January 1, 1989 and calls for a 50 percent reduc-
tion in CFG production from 1986 levels phased-in over the next
10 years and a phased-in freeze in halons beginning in 1992.
The EPA also initiated a series of studies in 1988 related
to global warming. These studies examine the efforts to achieve
air quality (e.g., ground level ozone and acid rain) under global
warming scenarios. They also include studies related to future
growth in methane (a greenhouse gas) and possible technological
changes to reduce emissions of this gas.
K. INDOOR AIR QUALITY
Activities undertaken by EPA in 1988 to resolve issues about
the long-term Federal role with regard to indoor air quality
included submittal of a report to Congress, as required by SARA
Title IV, that outlined the EPA program on indoor air quality
for the next two years, and preparation of another report to
Congress, also required by SARA Title IV, that describes .the
activities that EPA has carried out under SARA and that makes
recommendations regarding the Federal role in indoor air quality.
In addition, several actions were taken by EPA in 1988 to
coordinate indoor air activities by governmental and private
sector organizations, including publication of a compilation
of the indoor air activities under way across the Federal
government, conducting a survey of the private sector firms
offering indoor air quality diagnostic and mitigation services
to the public to begin to identify and evaluate the capability
of the private sector to address indoor air problems in a variety
of buildings, and publication of a directory of State indoor air
contacts, under a cooperative agreement with the Public Health
Foundation, that lists State agency contacts for up to 16 dif-
ferent indoor air quality issues. In addition, EPA produced a
number of information documents in 1988 related to indoor air
quality.
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L. ACID DEPOSITION
In 1988, EPA completed two reports on implementation issues
associated with potential acid deposition control programs. The
two projects are important in that they examine the issues that
will be faced by State agencies in trying to implement control
strategies before a control program (either legislative or statu-
tory) is in place. The two reports are "Final Report of the
State Acid Rain (STAR) Program/1 and "Acid Rain Legislation and
Utility Commission Regulation." The final STAR report documents
the results and findings of a four-year, $3 million effort in
which States identified and explored potential issues associated
with the implementation of any major effort to control acid
deposition. The second report, relating to utility commissions,
was motivated by a recognition on the part of EPA of the impor-
tance of electric utilities in controlling acid deposition
precursors, the complexity of the utility regulatory process,
and the potential impact that Federal acid deposition legislation
could have on the electric utility industry and its regulation.
In the area of research, EPA continued to fund work being
carried out under the auspices of the National Acid Precipitation
Assessment Program (NAPAP). A draft plan for the final NAPAP
Integrated Assessment was completed in October 1988, and a public
review and comment meeting was held on the plan in November. In
addition, in 1988, EPA continued to participate in the Department
of Energy (DOE)-led Clean Coal Technology (CCT) program through
the Agency's membership on the Innovative Control Technology
Advisory Panel.
Also in 1988, EPA received two petitions asking the Agency
to initiate rulemaking under section 115 of the Clean Air Act,
which deals with international air pollution. The petitions are
aimed at achieving emission reductions in the U.S. that would
benefit Canada by reducing damage to Canada's environment from
air pollution that presumably originates in the U.S. By the end
of 1988, EPA had not reached a final decision on granting or
denying the petitions.
M. RADON ASSESSMENT AND REMEDIATION
In September 1988, EPA and the Public Health Service issued
a National Health Advisory on radon and recommended that most
homes be tested. This recommendation was based on findings of
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EPA's 1988 State Radon Survey, which identified radon screening
levels above 4 picocuries per liter, the level at which EPA
recommends corrective action, in nearly one of every three homes
in the seven States surveyed. As a result of the strong public
interest generated by the Health Advisory, an estimated one
million additional homes were tested for radon in the period
immediately following EPA's announcement.
In addition, in 1988 EPA updated and revised the document
entitled "Indoor Radon and Radon Decay Product Measurement
Protocols" to include four additional measurement methods.
Assistance was provided to seven States and Indian Lands in
three States in designing and conducting surveys to identify
areas where indoor radon may be a problem. A National Resi-
dential Radon Survey, designed to provide a scientifically
sound estimate of the distribution of the annual average radon
concentrations and exposures in houses across the country, was
initiated by EPA in 1988. Also, EPA initiated a feasibility
study of radon in the workplace. In 1989, EPA will investi-
gate radon screening levels in a variety of Federal buildings
representative of typical work environments. The results of
this study will enable EPA to provide guidance for radon testing
in the workplace. Work also continued on developing interim
school guidelines, based on studies of radon in Fairfax County,
Virginia schools. These guidelines will provide options for
schools considering initiating radon measurements.
The House Evaluation Program (HEP), established in 1986
in order to assist States in evaluating and mitigating radon
exposure in houses discovered to have elevated radon levels,
was continued in 1988. Also, EPA continued to cooperate with
the National Association of Homebuilders and private homebuilders
in 1988 to develop, demonstrate, and release interim guidance for
preventing radon in new construction. In 1988, EPA continued to
provide a technical training course on radon diagnostics and
mitigation techniques to States and private contractors. Nine
courses were conducted and over 700 participants from over 40
States were trained. The National Radon Measurement Proficiency
(RMP) Program was established by EPA in 1986 in order to allow
private firms and other organizations to demonstrate their
proficiency in measuring radon. When the program began, 35
companies participated; by the end of 1988, the list of parti-
cipants had grown to over 900. In addition, in 1988, EPA planned
for the establishment of at least three Regional Radon Training
Centers, as required by the Indoor Radon Abatement Act.
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N. LITIGATION
In 1988, several judicial decisions were rendered that
pertained to either setting or implementing national ambient air
quality standards. On May 3, 1988, the D.C. Circuit decided
Natural Resources Defense Council. Inc. v. Thomas, which involved
a challenge to the legality of two Agency memoranda concerning
the appropriate averaging method to be used in implementing the
sulfur dioxide national ambient air quality standards. The court
dismissed NRDC's petition for review finding that the case was
not ripe for review because EPA "has had no chance to crystallize
its own decision in a proper rulemaking, and the petitioners have
demonstrated no impact on their conduct of their day-to-day
affairs." An attempt to force EPA to revise the 15-year old
national ambient air quality standard for sulfur dioxide in order
to consider acid rain effects was blunted by a decision in April
1988 by a district court in New York. The district court held
it did not have jurisdiction because while section 109 imposed
a duty to "review" the standards every five years, there is no
duty to revise the standard because revision involves an exercise
of discretion and expert judgment by the Administrator. In
Abramowitz v. EPA. the Ninth Circuit invalidated EPA's approval
of control measures in California's South Coast ozone SIP, on the
ground that EPA had improperly deferred determining whether those
measures would result in attainment by December 31, 1987. In
Riverside Cement Co. v. EPA, the Ninth Circuit invalidated EPA's
approval of a rule establishing a NOx emission limitation for
cement plants as part of California's South Coast SIP. The Court
reasoned that the rule was the "bureaucratic equivalent of an
illusory contract," insofar as the South Coast Air Quality
Management District could alter the emission limit after hearing
and without EPA's approval.
In a decision construing the term "modification" under
section 111(a)(4) of the Clean Air Act, the Sixth Circuit upheld
EPA's determination that a Kentucky SIP revision authorizing a
source to cease operation of scrubbers previously required to
control fluoride emissions would subject the source to new source
performance standard requirements.
On the question of the scope of EPA's nondiscretionary duty
under section 112, the U.S. District Court for the District of
Columbia held in NRDC v. EPA that EPA has a nondiscretionary duty
to either issue emission standards or a final determination not
to regulate for each source category of a listed hazardous air
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pollutant. NRDC v. EPA concerned a long-standing citizen's suit
to compel EPA to act on all source categories of benzene. In
another action related to hazardous air pollutants, in NRDC v.
Thomas. the court held that it did not have jurisdiction to order
EPA list certain pollutants as "hazardous air pollutants" under
section 112 of the Clean Air Act.
On January 22, 1988, the D.C. Circuit decided the "stack
height" case, Natural Resources Defense Council. Inc. v. Thomas.
The suit involved eleven consolidated challenges to EPA's 1985
revised stack height regulations. The court affirmed the
regulations in large part, and remanded three provisions to the
Agency for further action. In July 1988, a panel of the D.C.
Circuit dismissed a challenge to EPA's denial of interstate air
pollution petitions under section 126. The States of New York,
Pennsylvania, and Maine had petitioned EPA in 1981 for relief
from midwestern State sulfur dioxide emissions, which were
alleged to cause violations of national ambient air quality
standards, or visibility impairment in the petitioning States.
Two decisions in 1988 upheld EPA's position on regional haze
problems under the visibility impairment provisions of the Act,
section 169A. In June, the Second Circuit upheld EPA's refusal
to approve portions of Vermont's SIP for visibility and EPA's
rejection of Vermont's petition that EPA require emission
reductions in upwind SIP's. In a second decision rendered in
July, a district court judge in Maine refused to order EPA to
promulgate national visibility regulations governing regional
haze. The court held that plaintiffs were barred from bringing
a citizen suit to force EPA action because EPA's promulgation of
visibility regulations in 1980 constituted "final action," which
could only be reviewed by the U.S. Court of Appeals.
In a pair of decisions in Atlantic Terminal Urban Renewal
Area Coalition v. New York Citv Department of Environmental
Protection. et.al.. the U.S. District Court for the Southern
District of New York issued opinions construing EPA's obligations
under the nonattainment provisions of the Clean Air Act. In the
first decision, the court was faced with the question of whether
plaintiffs' allegation of failures to implement measures to
attain the carbon monoxide air quality standard by December 31,
1987 was sufficient to confer subject matter jurisdiction in a
citizens suit. The court denied the defendants' motion to
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dismiss. In the second decision, the court construed the
Department of Housing and Urban Development's (HUD's) obligations
under the section 176(c) prohibition of support for any activity
which does not conform to a SIP. At issue was whether HUD had
properly assured compliance with New York's carbon monoxide SIP
require- ments in the funding of a twenty-four acre redevelopment
project in Brooklyn, NY. In a separate case, NRDC brought a
citizen suit to force EPA to require New York to revise its ozone
nonattain- ment SIP. The court ruled that EPA does have a duty,
enforceable in a citizen suit, to require New York to submit a
revised SIP by a date certain.
In Anderson Shipping Company, the D.C. Circuit upheld EPA's
new regulations governing importation of uncertified motor
vehicles and rejected certain importers claim that EPA has no
authority over vehicles that are at least five years or 50,000
miles only when imported. The court agreed with EPA that the
Clean Air Act provisions limiting the regulatory "useful life" of
U.S.-certified vehicles to five years or 50,000 miles does not
apply to importation of uncertified vehicles.
Also in 1988, the Third Circuit upheld the authority of
a district court in a citizens suit to hold the City of
Philadelphia in civil contempt for failure to comply with the
terms of its previously issued injunction. The issue arose in
a citizens suit filed to compel the city to comply with odor
regulations in the Pennsylvania SIP in operating a sewage
treatment plant. In a case construing "finality" for purposes
of judicial review, the Third Circuit held that it was deprived
of jurisdiction over a petition for review of an EPA disapproval
of a redesignation request due to the pendency of an adminis-
trative petition for reconsideration before the Agency. As a
result, the court held that it had no jurisdiction to decide the
substantive issue of the applicability of EPA's 1985 stack height
regulations to West Penn's Armstrong power plant.
Three district courts ruled in 1988 on the issue of whether
EPA can use section 113 to enforce the currently approved state
implementation plan while a State is trying to change the
regulation. All three courts said that there is a four-month
deadline for EPA to act on a proposed SIP revision, but they
disagreed on the implications of that deadline. In another
action related to implementation plans, United States v. Vanguard
Corp reaffirmed the principle that economic or technical
infeasibility is not a defense under the Clean Air Act.
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Two significant actions related to hazardous air pollutants
were decided by the courts in 1988. In United States v. Dow
Chemical Co.. the U.S. District Court for the Middle District of
Louisiana upheld EPA's interpretation of its standards for vinyl
chloride against a challenge in an enforceable action. In United
States v. Tzavah Urban Renewal Corp.. et.al.. the district court
granted EPA's motion for a preliminary injunction against Tzavah
and four other defendants who were charged with violations of
EPA's asbestos removal regulations.
In a decision pertaining to administrative noncompliance
penalties, the Sixth Circuit affirmed the Administrator's
decision finding Navistar International Transportation Corp.
liable for exceeding volatile organic compound emission limits
at its Springfield, Ohio truck-painting operation. In a case
involving preconstruction review requirements, the district court
in United States v. Louisiana~Pacific Corp. thoroughly analyzed
the term "potential to emit" and found the defendant liable for
violating the prevention of significant deterioration (PSD)
regulations at its plant.
In another case decided in 1988, United States v. Wheeling-
Pittsburgh Steel Corp. reaffirmed, that economic considerations do
not justify postponement of compliance deadlines established by
the Clean Air Act. In still another action, a district court in
1988 held that a government contractor operating the nation's
only facility manufacturing the F-16 fighter airplane is subject
to the Texas SIP limitations on volatile organic compound emis-
sions, even though the plant is owned by the Air Force. The
court refused to adopt a construction of the Defense Production
Act (DPA) that would immunize defense contractors from liability
under the Clean Air Act so long as they were attempting to
fulfill their government contracts.
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II. AIR QUALITY TRENDS, MONITORING, AND MODELING
This chapter describes current trends in ambient air quality
levels (the concentration of a given pollutant in the atmosp-
here) , as well as trends in estimated emissions into the air
of various pollutants. In addition, the chapter discusses the
topics of air quality monitoring, air quality modeling, and other
related topics. Data on amLient air quality levels and emissions
are through 1987, the latest year for which EPA has complete
statistics.
A. NATIONAL AIR QUALITY AND EMISSION TRENDS
Although considerable progress has been made controlling air
pollution, it still remains a serious public health problem. In
1987, 88.6 million people were living in counties with measured
air quality levels that violated the national ambient air quality
standard for ozone. This compares with 29.4 million people for
carbon monoxide, 21.5 million people for particulate matter
(PM1Q), 7.5 million people for nitrogen dioxide, 1.7 million
people for lead and 1.6 million people for sulfur dioxide.
Overall, 107 million people lived in counties where one of these
standards was exceeded in 1987.
Nationally, long-term 10-year (1978 through 1987) improve-
ments can be seen for total suspended particulates (TSP), sulfur
dioxide, carbon monoxide, nitrogen dioxide, ozone, and lead. The
trend in ozone is complicated by a major drop in measured con-
centration levels which occurred between 1978 and 1979, largely
due to a change in the ozone measurement calibration procedure.
Therefore, special attention is given to the period after 1978,
because the change in the calibration procedure is not an in-
fluence during this time.
All of the long-term ambient air quality trend analyses
described below are based on monitoring sites which recorded at
least 8 of the 10 years of data in the period 1977 to 1986. Each
year had to satisfy an annual data completeness criterion. The
1986-87 comparisons are based upon sites that had complete data
for 4 of the 5 years in the 1983-87 time period.
Total Suspended Particulate (TSP) - Annual average TSP air
quality levels, measured at 1,726 sites, decreased 21 percent
between 1978 and 1987. This corresponds to a 23 percent decrease
in estimated particulate emissions for the same period from 9.1
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to 7.0 million metric tons (teragrams) per year. Air quality
levels for TSP generally do not improve in direct proportion
to estimated emission reductions, however,.because air quality
levels are influenced by factors such as natural dust, reen-
trained street dust, and construction activity which are not
included in the emissions estimates. The EPA has also found
that the TSP data collected during the years 1979-1981 may be
biased high due to the glass fiber cilter used during these
years, and that most of the large apparent 2-year decrease in
pollutant concentrations between 1981 and 1982 can be attributed
to a change in these filters. The more recent TSP data show a
leveling off with 1986-87 showing a 2 percent increase in air
quality and a 3 percent increase in emissions. The emission
increase is attributable to increased forest fires while the
air quality changes are also affected by differences in annual
precipitation. Some minor year-to-year fluctuations may in part
be attributable to changes in meteorological conditions such as
precipitation.
On July l, 1987, EPA promulgated new standards for parti-
•:ul-;te matter using a new air quality indicator, particles
nominally 10 micrometers and smaller in diameter (PM,Q). These
standc.rds focus on those particles with aerodynamic diameters
smaller than 10 micrometers, which are likely to be responsible
for adverse health effects because of their ability to reach the
thoracic or lower regions of-the respiratory tract. Monitoring
networks for PM1Q are now beginning to report data nationally but
do not yet have sufficient data for trends.
Sulfur Dioxide - Annual average sulfur dioxide air quality
levels measured at 347 sites with continuous sulfur dioxide
monitors decreased 35 percent from 1978 to 1987, improving at a
rate of approximately 4 percent per year. A comparable decrease
of 41 percent was observed in the trend in the composite average
of the second maximum 24-hour averages. An even greater improve-
ment was observed in the estimated number of exceedances of the
24-hour standard, which decreased 94 percent. However, most of
the exceedances as well as the bulk of the improvements occurred
at source-oriented sites. There was a 17 percent drop in sulfur
oxide emissions during this 10-year period from 24.6 to 20.4
teragrams/year. The difference between emissions and air quality
trends can be attributed to several factors. Sulfur dioxide
monitors with sufficient historical data for trends are mostly
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urban population-oriented and as suqh do not monitor many of the
major emitters which tend to be located in more rural areas.
The residential and commercial areas, where most monitors are
located, have shown sulfur oxide emission decreases comparable to
the sulfur dioxide air quality improvements. Between 1986 and
1987, ambient sulfur dioxide levels declined 3 percent while
total sulfur oxide emissions declined 1 percent.
Carbon Monoxide - Nationally, the second highest non-over-
lapping 8-hour average carbon monoxide air quality levels at 198
sites decreased 32 percent between 1978 and 1987. The median
rate of improvement has been about 4 percent per year. The
estimated number of exceedances of the 8-hour national ambient
air quality standard decreased 91 percent between 1978 and 1987.
Emissions of carbon monoxide decreased 25 percent during the same
period from 82.4 to 61.4 teragrams/year. Ambient carbon monoxide
levels decreased 6 percent between 1986 and 1987. Because carbon
monoxide monitors are typically located to identify potential
problems, they are likely to be placed in traffic-saturated areas
that may nov experience significant increases in vehicle miles of
travel, ks H result, the air quality levels at these locations
generally improve at a rate faster than the nationwide reduction
in emissions. The long-term progress in this area reflects the
continuing reductions in carbon monoxide emissions brought about
by the Federal Motor Vehicle Control Program.
Nitrogen Dioxide - Annual average nitrogen dioxide air
quality levels, averaged over 84 sites, increased from 1978 to
1979 and decreased through 1987, except for a slight increase in
1984. The 1987 composite nitrogen dioxide air quality average,
however, is 12 percent lower than the 1978 level indicating a
downward trend during the overall period. The trend in the
estimated nationwide emissions of nitrogen oxides is similar to
the nitrogen dioxide air quality trend. Between 1978 and 1987,
total nitrogen oxide emissions decreased by 8 percent from 21.2
to 19.5 teragrams/year, and highway vehicle emissions, the source
category likely impacting the majority of nitrogen dioxide moni-
toring sites, decreased by 15 percent. Between 1986 and 1987,
the nitrogen dioxide composite air quality average remained
constant while the estimated emissions of nitrogen oxides
increased by 1 percent.
Ozone - Nationally, the composite average of the second
highest daily maximum 1-hour ozone air quality values, recorded
at 274 sites, decreased 16 percent between 1978 and 1987.
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However, this comparison is affected by a calibration change for
ozone measurements that occurred in the 1978-79 time period. In
the post-calibration period (1979-1986), ozone levels decreased 9
percent. Volatile organic compound (VOC) emissions decreased 17
percent for the 1978-87 10-year period and 17 percent also for
the post-calibration 1979-87 period. The 10-year change was from
23.7 to 19.6 teragrams/year. The estimated number of exceedances
of the ozone air quality standard decreased 38 percent between
1979 and 1987. The ozone trend in the post-calibration period
shows 1979, 1980, and 1983 being higher than the other years.
Meteorological conditions likely contributed to the higher 1983
air quality levels and, in part, to the 1986-87 increase of 5
percent.
Lead - The composite maximum quarterly average of ambient
lead levels, recorded at 97 urban sites, decreased 88 percent
between 1978 and 1987. Lead emissions declined 94 percent
during the same period from 127.9 to 8.1 thousand metric tons
(gigagrams) per ys.^r. Between 1986 and 1987 ambient lead levels
declined 19 percent, while lead emissions are estimated to have
declined 6 percent.. This extremely large long-term improvement
in both air quality le.vels and estimated emissions is largely due
to the reduction of the lead content of leaded gasoline.
B. AMBIENT AIR MONITORING
General
Section HO(a)(2)(C) of the Clean Air Act requires State
implementation plans to include provisions for the establishment
and operation of systems for monitoring ambient air quality. In
addition, section 319 of the Act requires the development of
uniform air quality monitoring criteria and methods and the
establishment of an air quality monitoring system throughout the
United States which uses uniform monitoring criteria and methods.
To satisfy these requirements, EPA promulgated regulations in
1979 which required States to establish and operate air monitor-
ing stations and report the data to EPA. The two principal
types of stations in the State networks are State and Local Air
Monitoring Stations (SLAMS) and National Air Monitoring Stations
(NAMS). The monitoring stations of the SLAMS and NAMS must
adhere to the uniform monitoring criteria described in the
regulations. These criteria cover quality assurance, monitoring
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methods, network design, and probe siting. January 1, 1981, was
the deadline by which all NAMS were to meet all of the require-
ments in the regulations. The SLAMS had until January l, 1983,
to meet all of the provisions in the regulations. Based on six
years of operating experience with the NAMS and SLAMS networks,
some relatively minor modifications of the 1979 regulations
were promulgated in the Federal Register in 1986 . These
modifications were intended to simplify and improve the overall
monitoring program required by the Act.
Overall, State and local progress in meeting the require-
ments of the regulations continues to be excellent. Table II-l
shows the status of the SLAMS network at the end of 1988. There
are a total of 3967 operating monitors in the network meeting
requirements of the regulations. Table II-2 shows that 957 NAMS
were in operation and meeting the requirements of the regulations
through December 1988. Table II-3 lists, by pollutant, the
number of SLAMS and NAMS.
Table II-l. SLAMS Status Through December 1988
Number of Monitors
Monitors operational through 12/88 3967
Total planned network for 1989 3987
11-2. NAMS Status Through December 1988
Number of Monitors
Monitors operational through 12/88 957
Total planned network for 1989 1003
Tat^ita n-3. National Summary of Operating Air
Monitoring Stations (as of 12/88)
SLAMS
Pollutant (including NAMS) NAMS
TSP 1052 6
PM10 795 271
S02 506 175
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NO, 228 55
CO 437 115
03 630 226
Pb 319 109
TOTAL 3967 957
Nonmethane Organic Compounds Monitoring
Ambient hydrocarbon data were again collected during 1988
for use by the States in their continuing efforts to reduce ozone
pollution. Samples from 45 sites in 30 cities were analyzed
during the period mid-April through September. This was the
fifth consecutive summer of field studies to measure nonmethane
organic compounds (NMOC). These data are needed to derive
NMOC/oxides of nitrogen ratios, an important factor in predicting
the effect of control programs to reduce ozone. As in past
years, data capture was high (greats. • than 93 percent) and
results were reproducible using different measurement techniques.
The program will be repeated during the summer of 1989, and
probably into the foreseeable future, since It is a very cost-
effective method of obtaining data needed by the states.
C. AIR QUALITY MODELING
An air quality model is a set of mathematical equations that
describes the atmospheric transport, dispersion, and transfor-
mation of pollutant emissions. By means of these equations, a
model can be used to calculate or predict the air quality impact
of emissions from proposed new sources, emissions from existing
sources, or changes in emissions from either of these source
categories. These models are of great utility because they
provide a means whereby the effectiveness of air pollution
controls can be estimated before action is taken.
Regulatory Applications
During 1988 efforts to improve guidance on air quality models
and to ensure consistency in their use continued. This included
regulatory actions to update EPA's modeling guideline entitled
"Guideline on Air Quality Models (Revised)," operation of the
Model Clearinghouse, a variety of workshops on various aspects of
air quality models, and guidance on new or revised calculation
techniques and codes.
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Supplement A to EPA's modeling guideline was issued in
January 1988 and is included by reference in the Code of Federal
Regulations through a Federal Register notice. This supplement
incorporates the Rough Terrain Diffusion Model (RTDM) as a new
screening technique, adds a revised version of the Industrial
Source Complex (ISC) model, and lists the Offshore Coastal
Dispersion (OCD) model as a preferred model for specific appli-
cations. To consider additional new techniques, the Fourth
Conference on Air Quality Modeling was held in October 1988.
This conference is required by Section 320 of the Clean Air Act
at three year intervals to help standardize modeling techniques
used in regulatory programs. At the fourth conference a variety
of new models, procedures and related modeling issues were pre-
sented for comment. The public was invited to respond in a way
that guides EPA in preparing a proposed rulemaking for further
updates of the modeling guideline. As a result of this public
comment process, formal revisions to the guideline will be
drafted for regulatory review within EPA in 1989.
In 1988, EPA maintained and enhanced thr-. Model Clearinghouse
to ensure that use of nonguideline techniques does not lead to
inconsistent regulatory decisions. Particulaily noteworthy is
the expansion of the clearinghouse to include all criteria
pollutants. This resulted in substantial coordination among
headquarters and Regional Office staffs to consider the greater
breadth of regulatory issues. Also, past clearinghouse decisions
have been computerized to facilitate reference to precedents and
to minimize the possibility of inconsistent technical approaches.
To foster consensus on the use of models in air quality
control programs, the Standing Air Simulation Work Group (SASWG)
was initiated by EPA in May 1988. SASWG is made up of manage-
ment representatives from EPA and State and local air pollution
control agencies. Initial issues concern decision-making based
on models, computational techniques and training available to
agencies, and the interface between modeling and regulatory
programs for ozone. In the future SASWG will consider a wide
range of policies and procedures involving air quality modeling
for criteria and toxic pollutants resulting from point, area and
mobile sources. In addition, a workshop was held with modeling
contacts in EPA's ten Regional Offices and six representatives of
State and local agencies. The workshop dealt with the resolution
of common problems among the agencies and the preparation of more
user-friendly computer systems for operating models and accessing
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data bases. Follow-up workshops were subsequently held in many
Regional Offices to ensure involvement and access to information
by interested State/local agencies.
To facilitate implementation of guidance for processing on-
site meteorological data, the document "Meteorological Processor
for Regulatory Models (MPRM-1.1) Users Guide" was published.
MPRM was developed with a modular design to facilitate updates in
guidance or data requirements of new models. MPRM accepts a wide
range of meteorological data to create input for running a large
number of regulatory models.
Enhancement of computer systems was addressed in several
ways. All systems for air quality models and meteorological data
bases were converted to EPA's IBM 3090 computer which is now
available to the Regional Offices and to many state agencies. In
addition, several widely used models were converted for personal
computers which are available to most State/local agencies. In
1989 an electronic bulletin board will be initiated 10 directly
serve personal computers and make modeling information readily
accessible. Also an interactive system that allows users to
directly create needed meteorological data sets will t=> released
for use on the IBM mainframe computer.
Working group discussions with the Federal Highway Administr-
ation (FHWA) continued in an effort to resolve requirements and
procedures for modeling highway intersections. Preliminary
studies to compare the emissions and traffic components of a
number of intersection models were completed. As a result,
FHWA and EPA have independently proposed alternative state-of-
the-art techniques for a revised intersection modeling procedure.
Further analyses of candidate procedures using measured field
data will be used to guide both agencies to a consensus recom-
mendation and a proposal for revised guidance.
A joint project with the National Park Service, funded
through an Interagency Agreement, was successfully concluded and
resulted in the publication of the "Workbook for Plume Visual
Impact Screening and Analysis." This document updates and
replaces a similar workbook issued in 1980. The revised proce-
dures are intended for screening level analyses of visibility
impairment from specific point sources. The procedures were
programmed into a model named VISCREEN that is available on a
personal computer diskette.
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During 1988, an updated version of the Urban Airshed Model
(UAM) was installed at EPA. The Urban Airshed Model is a photo-
chemical grid model which is likely to be used increasingly in
attainment demonstrations required in ozone State implementation
plans (SIP's). A study was initiated in which potential useful-
ness of the UAM for SIP applications is being explored in five
cities. The study compares predicted ozone/precursor relation-
ships obtained with intensive data bases typical of research
studies versus relationships derived using typically available
data bases. In addition, simulation of different types of
strategies (volatile organic compounds only, volatile organic
compounds and oxides of nitrogen, uniform emission reductions
vs. reductions in specific source categories) is anticipated.
During 1989, the UAM will be installed on the computer systems
of States participating in the study. Also during 1989, results
of the above-mentioned 5-city study will be used to help develop
guidance for other States wishing to use UAM in their SIP's.
Air Toxics
Efforts were continued during 1988 to strengthen EPA'c
capabilities for modeling potential releases of toxic chemica.s
into the atmosphere. A screening model to assess whether a
release is likely to behave as a dense or buoyant gas (Relief
Valve Discharge Model — RVD) was documented and made available.
A refined model for elevated, high momentum dense gases and its
accompanying user's manual was also made available to the pub-
lic. A protocol and underlying techniques were developed for
conducting detailed air quality impact assessments near sources
of potentially hazardous pollutants. The techniques estimate
frequency with which a health effects threshold is likely to be
exceeded at receptor sites near a source and, for a given set of
meteorological conditions, the spatial extent of concentrations
greater than a specified health effects threshold.
As a technology transfer activity, three workshops on air
toxic modeling were presented for Regional Office, State and
local control agency modelers in 1988. About 85 modelers
attended the workshops which featured a combination of lectures,
model demonstrations and hands-on personal computer modeling
exercises. A session was devoted to presenting for use and
comment prior to publication a document entitled "A Workbook
of Screening Techniques for Assessing Impacts Toxic Air pollu-
tants." A personal computer version of the workbook on
diskette that will have several features of an expert system
capable of execution by relatively inexperienced professionals
will be released in 1989.
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Also during 1988, a plan for air toxics modeling activities
over the next three years was developed. Major objectives
include: (1) develop additional in-house expertise in executing
a variety of air toxics models, (2) provide modeling guidance on
intermittent and continuous releases of air toxics models, (3)
integrate air toxics modeling guidance into the Guideline on Air
Quality Models, (4) evaluate the performance of selected air
toxics models, and (5) expand the purview of the Model Clearing-
house to cover air toxics modeling.
Regional Scale Modeling for Northeast Transport
Regional Scale Modeling for Northeast Transport (ROMNET) is
a three year program to apply the EPA Regional Oxidant Model
(ROM) for selected emissions control strategies in the North-
east States. The program began in October 1987 and is designed
to provide States, EPA and other planning organizations with
information on the effectiveness of such strategies in reducing
ozone concentrations in this region and also the data bases to
support urban scale modeling for use in the development of SIP's
During 1988, management and technical committees were established
to ensure technical issues are resolved and project direction is
proceeding according to-the consensus of State and EPA Regional
Office participants. During 1988, a series of past ozone epi-
sodes were reviewed and a subset was selected for subsequent
modeling. A sequence of control strategy types was also iden-
tified for subsequent simulation with ROM. Procedures were
developed to adjust emission inventories provided by the National
Acid Precipitation Assessment Program (NAPAP) 1985 data base to
be episode-specific. This will allow inventories to reflect high
episodic temperatures. During 1989, detailed control strategies
will be used to simulate several of the earlier control
strategies identified in 1988.
In addition, ROM was used to simulate several control strate-
gies specified by the Vice President's Task Force on Alternative
Fuels as well as to address several strategy issues involving
control of volatile organic compounds, nitrogen oxides or both.
Strategies included uniform emission reductions as well as
restrictions which were specific to selected large coal-burning
utilities. A limited number of uniform control strategies was
also simulated for the Southeastern U. S. Studies in the
Northeast and Southeast used 1980 NAPAP emissions estimates.
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Model Evaluation
During 1988, EPA continued its program to evaluate air
quality models. This program was developed in response to
recommendations of the American Meteorological Society (AMS)
under its cooperative agreement with EPA. Further evaluation of
the accuracy and uncertainty of the model commonly used in the
regulation of major point sources has made it possible to make
a precise assessment. That is, the model has a slight tendency
to overestimate by less than 10% for 3-hour averages and a
tendency to underestimate by about 15% for daily averages. With
this lack of significant bias it is not necessary to use tech-
niques designed to calculate the probability that a given
emission limit could result in a violation of the air quality
standards; model calculations will continue to be used as "best
estimates."
A statistical technique for intercomparing the performance of
multiple air quality models was completed. With this method it
is possible to combine results from different averaging periods
and different data bases into a probabalistic framework. An
example demonstrating the technique was also completed. EPA is
considering formally adopting this approach which is both flexi-
ble and definitive in determining the best performing model.
In addition, the program to evaluate air toxics models was
continued. Five data bases were prepared for model comparisons
and the participation of a large number of model developers has
been sought. The evaluation of models for dense gas releases
will be completed in 1989; the evaluation of models for evapora-
tive spills, jet releases, and instantaneous puffs will be
initiated.
D. INTEGRATION OF AIR DATA SYSTEMS
The Aerometric Information Reporting System (AIRS) is an
integrated data system being developed by EPA to entirely replace
the existing data bases, files, and software now used by EPA for
storing and retrieving ambient air quality data, stationary
source emissions, and compliance data. The AIRS is composed of
two relatively separate components (air quality and facility
data) but will use common sets of geographical and other codes
and draw upon a state-of-the-art data base management system.
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In July 1987 the air quality component of AIRS went into full
production within the Agency and was also installed in six pilot
State agencies. Full implementation in 28 States was accom-
plished by October 1988 with training, user manuals, and trouble-
shooting services being provided. Software development of a
system to store and retrieve emissions and compliance data
continued on schedule during 1988.
E. EMISSION FACTOR AND INVENTORY GUIDANCE DEVELOPMENT
Emission factor information on criteria pollutants is
published and distributed in Compilation Of Air Pollutant
Emission Factors, AP-42. In 1987, EPA published major
revisions to emission factors for use by States and others to
estimate source emissions and to compile emission inventories.
The revisions are contained in AP-42 Supplement A f and most
recently, Supplement B . issued in September 1988. Most of the
revisions involve additions of size-specific emission factors,
with emphasis on PM,Q, for use in implementing the PM1Q ambient
air quality standard promulgated in 1987. Additional criteria
pollutant emission factors are being prepared for publication
in another AP-42 supplement in 1989.
Emission inventory guidance and requirements for ozone and
carbon monoxide State implementation plans were developed and
presented at four workshops held in Atlanta, San Francisco,
Chicago, and Philadelphia in October and November, 1988. About
330 attendees participated in the workshops, representing EPA
Regional Offices, State/local agencies and metropolitan planning
organizations.
F. REFERENCES
1. 44 FR 27558, May 10, 1979.
2. 51 FR 9582, March 19, 1986.
3. Guideline on Air Quality Models (Revised). EPA-450/2-78-
027R, 1986.
4. 53 FR 392 , January 6, 1988.
5. 53 FR 32081, August 23, 1988.
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6. Meteorological Processor for Regulatory Models (MPRM-1.1)r
EPA-600/8-88-094, 1988.
7. Workbook for Plume Visual Impact Screening and Analysis.
EPA-450/4-88-015, 1988.
8. User's Guide for RVD 2.0 - A Relief Valve Discharge
Screening Model. EPA-4bO/4-88-024, 1988.
9. A Dispersion Model for Elevated Dense Gas Jet Chemical
Releases. EPA-450/4-88-006a,b, 1988.
10. A Workbook of Screening Techniques for Assessing Impacts of
Toxic Air Pollutants. EPA-450/4-88-009, 1988.
11. Compilation Of Air Pollutant Emission Factors. Volume I;
Stationary Point And Area Sources. AP-42, U.S. Environmental
Protection Agency, Research Triangle Park, NC, September
1985.
12. Supplement A to Compilation Of Air Pollutant Emission
Factors. Volume I; Stationary Point And Area Sources.
AP-42, U.S. Environmental Protection Agency, Research
Triangle Park, NC, November 1986.
13. Supplement B to Compilation Of Air Pollutant Emission
Factors. Volume I: Stationary Point And Area Sources.
AP-42, U.S. Environmental Protection Agency, Research
Triangle Park, NC, September 1988.
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III. AIR POLLUTION RESEARCH PROGRAMS
A. INTRODUCTION
In support of the Clean Air Act, EPA's Office of Research
and Development (ORD) provides health and ecological effects
data bases, monitoring and modeling methods, risk assessments,
emission reduction and mitigation technologies, and the cor-
responding quality assurance and technical assistance to develop
air pollution control regulations. In addition, ORD assists
States in developing State implementation plans (SIP's) by pro-
viding improved monitoring, modeling, and control technologies
as they become available. In areas where EPA's responsibility
is limited to providing technical and public assistance, such
as indoor air quality and radon, ORD research provides essential
information on risks, prevention, and mitigation.
B. GENERAL AIR POLLUTION RESEARCH ACTIVITIES
Scientific Support to Develop and Review National Ambient
. Air Quality Standards
Air Quality Criteria Documents - Revisions to the criteria'
document for carbon monoxide were drafted for chapters pertaining
to analytical methodology, status and trends and population ex-
posure. This is the first criteria document which will benefit
from results of total human exposure studies. The health chap-
ters will be written in Fy 89 and an extramural review draft of
the criteria document will be available in FY 90.
Work continued on revision of the criteria documents for
oxides of nitrogen (NOx). An issue paper on the health effects
of acid aerosols was reviewed by both the public and the Clean
Air Scientific Advisory Committee (CASAC) in June 1988, and
subsequently revised into final form. The CASAC also reviewed
the report entitled "Summary of Selected New Information on
Effects of Ozone on Health and Vegetation: Draft supplement
to the Air Quality Criteria Document for Ozone and other Photo-
chemical Oxidants" in December 1988. Finally, the third in a
series of highly successful international symposia under a U.S.-
Dutch memorandum of understanding was held in the Netherlands
in May 1988 and addressed ozone research and policy development
aspects, including coverage of both tropospheric ozone and
stratospheric ozone depletion. The published proceedings of
the conference will provide inputs for future ozone criteria
documents and other types of assessment reports. (1,2)
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Ambient Monitoring - Five additional monitoring methods for
criteria pollutants (two for carbon monoxide, three for lead)
were designated as reference or equivalent methods. (3,4,5,6,7,)
An EPA committee evaluated the issue of uncertainty in measure-
ment data produced by PM-10 samplers. The committee's issue
paper (8) formed the basis for EPA's revised policy on the use of
PM-10 air quality data for purposes of determining compliance
with the air quality standards for particulb.te matter. The EPA
wind tunnel test facility at Research Triangle Park, NC has
undergone extensive modification and can now be utilized for the
testing of particulate matter samplers over a wide range of wind
speeds. Two reports describing wind tunnel testing of PM-10
samplers were prepared. (9,10) A test site for the evaluation
of continuous or automated PM-10 samplers was established in
Birmingham, Alabama. Several manufacturers of commercially
available instruments participated in a two-week field test,
comparing their instruments to the designated PM-10 reference
methods. The manufacturers were encouraged to pursue further
testing and to seek formal designation of their instruments as
equivalent methods for PM-10. Non-methane organic compound
(NMOC) monitoring was carried out at 45 sites during the summer
of 1988 (lift.*! year) to assist states in meeting the national
ambient air quality standards for ozone.(11)
Quality Assurance - The EPA national ambient air audit
program was expanded by the addition of mailable and rugged audit
devices for ozone, nitrogen dioxide, and dichotomous PM10 sampler
flow rate. This program was also modified to provide increased
response to the needs of the State and Local Monitoring Stations
(SLAMS) network agencies. The 1987 SLAMS quality assessment data
base contained over 100,000 data quality assessment values from
some 5500 analyzers and samplers. This data base provided
statistical means to evaluate and control air monitoring data
quality at the Regional, state or agency, and individual- site
level. A report was issued describing results from this effort
and indicating ways for further improving this data quality
assessment and control program. An eighth site was added to
EPA's Standards Reference Photometer (SRP) network, which pro-
vides regional access to ozone concentration standards traceable
to the National Institute for Standards and Technology (NIST,
formerly the National bureau of Standards). These SRP's are
recertified annually and allow monitoring agencies to verify
or certify their local ozone standards.
Visibility Research - National Weather Service Human
Observer Visibility Data from 137 stations in the United States
for the period of 1948 to 1983 were examined to determine if
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geographical patterns of haze could be identified. It was found
necessary to analyze the data on a seasonal basis. When this was
done, regions of the size of several states were identified in
which the level of haze and the trend patterns were similar.
Eight regions, each containing 6 to 12 observation sites, were
identified in the Northeast United States. This information will
have use in designing future monitoring networks fo1- visibility
or fine particles and for comparing haze and emission trends.(12)
During 1988 The Eastern Fine Particle Visibility Monitoring
Network established a five site network to study the relation-
relationships between fine particle composition and regional*
haze.(13) Cooperative efforts were made with the National Park
Service and the Northeast States for Coordinated Air Use Manage-
ment for interchange and collaboration of data. The data can be
used in the evaluation and development of potential fine particle
standards and in the regional haze models. Preliminary results
indicate that sulfr.te accounts for 50 percent to 60 percent of
the pollutant species important to visibility degradation.(14)
This is more than double the amount shown in western visibility
studies. Total carbon's contribution ranged from 10 percent to
20 percent with eleme.ital carbon remaining consistent while the
organic carbon compounds varied considerably.
Materials Damage Research - A theoretical damage function
for predicting the corrosion of galvanized steel structures by
wet and dry deposition has been developed from thermodynamics and
kinetics of atmospheric corrosion chemistry.(15) The function
mathematically expresses the competing reactions for the accumu-
lation and dissolution of the basic zinc carbonate corrosion film
with exposure time. Major scientific findings are as follows:
During periods of surface wetness SCU reaching the surface reacts
stoichiometrically with the zinc; rain acidity reacts stoichio-
metrically with the zinc; the corrosion film of basic zinc
carbonate is soluble in clean rain. The dissolution depends on
the residence time of rain on the galvanized steel surface; and
deposition velocity controls the rate of corrosion of galvanized
steel structures by gaseous SO^ during periods of wetness.
Health Effects: Non-Clinical Studies - A chronic (18 month)
inhalation study in which rats breathed ozone or nitrogen dioxide
in a diurnal pattern which simulated urban smog profiles in pol-
luted cities was in process in 1988. Structural, biochemical,
and physiological changes were detected in the rats which were
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greatest at early times but which persisted for the entire
exposure. The types of effects observed with nitrogen dioxide
appeared to be similar to ozone, however, the latter was more
toxic. Many of the changes observed are believed to represent
adaptive responses. However, there is indication that some types
of damage accumulate with time, leading to early senescence or
chronic lung disease. An internal report on the ozone findings
was prepared in 1988. (16)
In response to findings that ozone levels in the air of
major cities usually follow a pattern of 4-8 hour peak values,
studies were initiated to address the adequacy of the 1 hour
national ambient air quality standard for ozone. A matrix
exposure design in which both concentration and time of exposure
were altered was used to generate a mathematical response model.
The model predicts that effects of ozone are not linearly related
to the concentration time product, especially at lower ozone
concentrations, and that the effects of concentration become
progressively greater
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Work continued on several epidemiologic studies of the
effects of long and short term exposures to a variety of air
pollutants. The first phase of a study of multiple indoor and
outdoor pollution effects in Tucson, Arizona, has been completed.
Acid aerosol measurements are continuing at three sites in the
Netherlands and planning is currently underway to incorporate
these measurements in three additional European studies.
In the Xuan Wei China lung cancer project, comparative
analyses were conducted of raw coal from 15 mines throughout
Xuan Wei and of coal combustion products. An on-site pilot for
a study to develop dose-response relationships between lung
cancer rates and exposure to coal smoke and its constituents was
initiated. Analysis of human placental tissue for DNA adducts
has been conducted. An article was published on the epidemiology
of lung cancer in Xuan Wei. (19) In planning for a children's
lung function study, Chinese and U.S. representatives developed
a detailed plan for a pilot study, division of responsibilities
between the Chinese and U.S. sides, and a preliminary plan for
a subsequent full-scale study.
Scientific Support to Develop New Source Performance
Standards (NSPS) and State Implementations Plans (SIPS)
Modeling Support Activities - The second generation Regional
Oxidant Model (ROM2), under development and testing over the last
few years, is now operational. It is successful in predicting
the frequency distributions and spatial pattern of observed ozone
concentrations (20). Applications have begun for the north-
eastern United States (21). Results of the preliminary effort
show that in all areas where the maximum daily ozone concentra-
tion exceeds 120 parts per billion the ozone is generated anew
each day from imported and locally emitted precursor species.
An examination was made of the effect of hydrocarbon emissions
from treatment, storage and disposal facilities on ambient
ozone levels using ROM (22). The study showed the effects to
be minimal, except for areas of high emission concentrations
such as the Houston area and the Louisiana Gulf Coast. Critical
reviews and research continue to evaluate and improve the model
(23). The model is currently being used to evaluate the air
quality impacts of ozone control strategies in the northeastern
U.S.
A cloud processes module has been developed for the Regional
Particulate Model to reflect a key step in the production of
secondary aerosol in clouds, where aqueous phase chemical reac-
tions convert gas to aerosol particles, which remain after the
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droplet evaporates (24). The Regional Particulate Model will
be used to assist in the formation of revised standards for
inhalable particulate matter, visibility, and acid aerosols.
The user's guide for the Complex Terrain Dispersion Model
(CTDM) was published and disseminated (25). Training classes
were also conducted. CTDM is a refined air quality dispersion
model for use in predicting pollutant behavior from sources
located in hilly or mountainous terrain during stable atmospheric
conditions. The CTDM model is being expanded to also treat com-
plex terrain dispersion under unstable atmospheric conditions.
The combined stable/unstable model, CTDMPLUS, has been coded
and is now undergoing evaluation.
An examination and assessment was conducted of the EPA
User's Network for the Applied Modeling of Air Pollution (UNAMAP)
in order to improve the transfer of a.ir quality models to the
user community.(26) UNAMAP is the mechanism used by EPA to
release available air quality simulation models to both the
public and private sector user community, torough the National
Technical Information Service (NTIS) and availability of the
National Computer Center computer system. The recommendations of
the report to set up an electronic bulletin board to expedite the
dissemination of models and model improvements, as well as permit
rapid replies to user inquiries, has been initiated.
The EPA's Fluid Modeling Facility was used to investigate
a wide range of dispersion problems in various atmospheric and
surface conditions. This includes studies of the dispersion in
complex terrain, flow around natural and man-made obstacles, and
dense gas dispersion.
Source Apportionment - A study (27) was prepared that
summarizes all available published and unpublished results on the
source apportionment of ambient fine particle extractable organic
matter and related mutagenicity from measurements made in three
U.S. cities under the Integrated-Air Cancer Project (IACP). The
manuscript demonstrates the continuing success of a simple mul-
tiple linear regression method using lead and potassium-based
tracers for apportioning the impacts of motor vehicle emissions
and woodsmoke. There is general consistency of the results
between the three cities, and with earlier mutagenic potency
measurements from direct source testing. This suggests the
characteristics found in these cities have a universality which
will be useful in judging impacts in other wintertime airsheds
in the U.S.
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Monitoring Support Activities - Research on two source
emission PM-10 sampling procedures has been completed and final
draft reports delivered to the program office for consideration
in regulatory development. Inhouse support for opacity moni-
toring has provided calibration services for numerous State and
Regional compliance programs. In addition, a guidance document
on continuous emission monitoring of hydrogen chloride at
municipal incinerators was prepared.(28)
Reburning - Under the reburning contract, a host site
agreement between the contractor, Combustion Engineering and Ohio
Edison was signed for the program to be conducted at the Niles
Station on a 108 megawatt (MW) cyclone boiler. A Memorandum of
Agreement with the USSR for a joint project on reburning was
signed in Moscow. The project will be conducted on a Soviet 300
MW wet-bottom boiler.
NOx control Activities - An in-house research project has
demonstrated the effectiveness of using the low NGx ourner
designed for heavy oil to applications involving tho incineration
of nitrogenated wastes. A bench-scale boiler simulator equipped
with a low NOx burner was used to incinerate a nitrogonated
pesticide (dinoseb). Results indicate that high NOx reductions
(4500 ppm to 150 ppm) and high destruction efficiencies O99.99
percent) were achieved. New refractory materials are being
examined to improve load following and turn down ratios. A draft
design of the burner scaled to 50,000,000 British thermal units
per hour (Btu/hr) is in review. (29)
Sulfur Oxides (SOx) - In 1988, work continued on development
of the ADVACATE process, a technology conceived by EPA for
removal of SOx from either new or existing coal-fired boilers.
Pilot results indicate the process is capable of greater than 95
percent removal of sulfur dioxide (S02) in conjunction with a
baghouse.(30) Development of the E-SOx process continued during
1988 with construction of a 5 megawatt field pilot plant nearing
completion. The E-SOx process is also an EPA-developed concept
which provides combined particulate and SOx removal in a modified
existing electrostatic precipitator applied to a coal-fired
boiler. (31)
Particulate Control - An advanced, multi-stage electrosta-
tic precipitator (ESP) has been developed by EPA. Allowing the
removal of more than 99 percent of incoming particles, the
advanced ESP provides almost an order of magnitude improvement
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in performance compared to conventional ESP technology. A
computer model of the advanced ESP has been developed which win
facilitate the application of electrostatic precipitators to
both new and existing installations, thereby contributing to the
achievement of the national ambient air quality standard for
PM-10. The advanced ESP and the computer model were discussed
recently at the Seventh International Symposium on the Transfer
and Utilization of Particulate Control Technology. The Sym-
posium was co-sponsored by EPA/ORD and the Electric Power
Research Institute. Those attending to learn of the latest
advances in particulate control included regulatory authorities,
users, vendors, and university scientists and engineers.
(32,33,34)
Residential Woodstove Advanced Secondary Combustion - This
project is directed at reducing emissions from residential wood
stoves. Two-stage flame combustion is the modification method
chosen for this investigation as an alternative to caualysts.
Experiments using an ignition source (gas flames or glov-pr. q
ignitors) added to the secondary combustion chamber were
successful in reducing CO, total gaseous hydrocarbons, and
particulate emissions by over 90 percent at high, medium, and
low wood burning rates in a dual-combustion chamber woodstove
Forcing preheated air into the second stage was necessary for
this reduction level at low burn rates. A systematic evaluation
of the parameters (second stage ignitor intensity, secondary air
volume rate, and secondary air temperature) controlling the
second stage combustion process was undertaken to provide
successful design information for applying this technology to
new and retrofit woodstoves. (35)
Woodstove Research - In EPA field tests, new technology
stoves, particularly the catalytics, did not achieve the level
of emission reduction anticipated. Three major woodstove field
studies produced very similar results, and the results were
disappointing. Conventional stoves had average particulate
emissions of 22 grams per hour (g/hr). Catalytic stoves averaged
16 g/hr for a reduction of only 27 percent, low emission non-
catalytic stoves averaged 12.3 g/hr (44 percent reduction), and
add-on/retrofits averaged 16.3 g/hr (26 percent reduction).
Extensive analyses of data, inspections of field study stoves
after use, and bench tests of catalysts have led to the tentative
conclusion that much of the poor performance is probably due to
user misoperation relative to the design operational mode used in
certification testing. Most of the users fired their stoves much
more frequently than conventional wisdom indicated. Frequent
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firing of a catalytic stove could easily have led to long periods
of time when the catalyst stoves averaged 16 g/hr for a reduction
of only 27 percent and low emission noncatalytic stoves averaged
lower than expected emission reduction results. (36,37,38)
In order to evaluate catalysts used in woodstoves, the
activity of various catalysts (from new to very used) will be
meajured on a bench scale catalyst tester fabricated in 1988.
This device will allow testing of various catalysts without
conducting a much more expensive full scale stove test for each
catalyst. The bench test results will be used to identify and
eliminate inferior catalysts and stove designs which prematurely
age catalysts. This information will be used to recommend
"hybrid" stove designs (best catalysts in best stoves) which can
effectively ensure long-term woodstove emissions control in the
field compatible with 1990 NSPS requirements.
Scientific Support to Develop Regulations for Hazardous Air
Pollutants (HAPs)
Health Assessment Documents - During 1988, three health
assessment documents (mineral fibers, toluene diisocyante, and
methyl isocyanate) were reviewed at public workshops and the
health assessment document for phosgene was reviewed by the
CASAC. Final Tier I health assessment summaries were completed
and printed for propylene, monochloroethane, and sodium hydroxide
and clearance for final publication of the documents for hydrogen
fluoride and bromine was initiated. The health summary for
mercuric chloride was transmitted to EPA's Office of Air and
Radiation for their use in decision making regarding possible
listing as a hazardous air pollutant. Also initiated were an
updated risk assessment for both carcinogenic and non-carcino-
genic effects of diesel emissions, and an evaluation of health
risks associated with incineration of hospital wastes. Work was
initiated on the development of inhalation reference dose values
for 25-40 chemicals. Also, a new Air Risk Information Support
Center (Air RISC) was established to facilitate provision of
technical assistance to State and local agencies in dealing with
health risks associated with local air toxics problems. (39,40,
41,42,43,44,45,46,47,48) (Additional discussion of the Air RISC
Program can be found in Chapter V of this report.)
Monitoring, Measurement Development, and Quality Assurance -
The first year's monitoring for 36 organic compounds was com-
pleted in support of EPA's Urban Air Toxic Monitoring Program.
Bi-weekly 24 hour whole-air samples from 19 sites were analyzed
by multi-detector gas chromatography (GO, with confirmatory
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analysis of representative samples from each site by GC/mass
spectrometry. Concurrent formaldehyde and other aldehyde con-
centrations were also determined from solid absorbent cartridge
samples. Ambient air quality measurements for a variety of
volatile organic compounds were also obtained in the Toxic Air
Monitoring Stations (TAMS) program, where various sample col-
lection techniques have been operated in parallel at a selected
site in Houston to evaluate method comparability. In addition,
a new type of analytical instrument (a gas chromatography/matrix
isolation spectrometer) for the determination of organic pollu-
tants in a variety of samples was put into operation in EPA.
(49) It can be used to identify toxic pollutants in indoor air
samples, woodsmoke, and other environmental samples. The
information will be helpful in identifying specific pollutants
which are of potential risk to human health.
As part of a joint US-USSR air pollution study, EPA
scientists in September, 1988 measured the levels of volatile
organic compounds, polynuclear aromatic hydrocarbons, nitrogen
dioxide, formaldehyde, and several trace elements along the Kiev
Highway in Leningrad, USSR.(50) Both canister collection of
volatile organic pollutants and a portable gas chromatograph for
real time measurements were used. The purpose of the study is to
intercompare air monitoring methodologies for air pollutants and
to.develop a pollutant data base for testing and refining dis-
persion models. The results of this study will be used to design
a more comprehensive air monitoring study along a major highway
in Vilnius, Lithuania, to further refine dispersion models and
to improve air monitoring methodologies.
Development and validation of stationary source emission
methods for butadiene, ethylene oxide, and methylene chloride
were completed and published.(51,52,53) Studies to develop
methods for acrylonitrile, carbon tetrachloride, chloroform,
and formaldehyde were also conducted. A procedure was found to
correct a problem in the dioxin method, which occurs when high
concentrations of particulate are present. Three draft quality
assurance reports were completed for use by EPA's air compliance
office to support recent regulations on residential wood stoves.
New techniques were investigated for use as continuous emission
monitors of benzene emissions from gasoline bulk storage
facilities.
Five new peer-reviewed sampling and analytical methods for
various toxic organic pollutants were added to the compendium of
methods for toxic organic pollutants in ambient air.(54) A new
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section was added to the quality assurance handbook providing
guidance on the use of EPA Method 18 (compound specific organics
by gas chromatography) during NSPS compliance testing at surface
coating operations.(55)
The National Ambient Volatile Organic Compounds Data Base
has been updated ar the result of an ongoing effort to gather>
evaluate, and compile the measured concentrations of a large
variety of volatile organic compounds (VOC) including hazardous
compounds.(56) Data on the observed concentrations of 320
VOC's were compiled, critically evaluated, and assembled into a
regional data base. Ambient (outdoor) measurements, indoor data,
and data collected with personal monitors are included. The data
are primarily from the period 1970-1987 and for locations within
the United States.
Several recent Total Exposure Assessment Methodology (TEAM)
studies have investigated multiple VOC exposure in air, drinking
water, and breath samples, studies in Baltimore, Los Angeles, and
New Jersey have utilized improved techniques to reexamine and
extend the results of previous exposure research. Results of the
Baltimore TEAM study were presented at the 1988 Air Pollution
Control Association/EPA International Symposium in Raleigh, NC,'
(57,58,59) and at the Air Pollution Control Association 1988
Annual Meeting in Dallas, TX.(34) The five chemicals with the
highest personal air concentrations were limonene, 1,1,1-trich-
loromethane, xylene, benzene, and p-dichlorobenzene. The same
chemicals, together with tetrachloroethylene, were found at the
highest concentrations in exhaled breath. Correlations between
breath levels and previous 12-hour personal air exposures were
significant for most chemicals, with the exception of styrene,
chloroform, and limonene, which have important routes of exposure
other than air. In general, Baltimore findings were consistent
with previous results; e.g., indoor concentrations for most
pollutants measured exceeded outdoor levels. (61) The study
also confirmed that specific activities were associated with
VOC exposures; for example, cigarette smoke with benzene and
styrene, hot shower use with chloroform, recently dry-cleaned
clothing with tetrachloroethylene, and moth crystals and room
deodorizers with p-dichlorobenzene.
The Los Angeles TEAM study provided an opportunity to
reexamine 50 homes and residents from an earlier study and to
estimate seasonal differences between the February and July
sampling periods.
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In New Jersey, twenty-two homes, selected from previously
sampled Bayonne and Elizabeth residences on the basis of their
VOC profiles, were screened for their current VOC concentrations.
Eleven homes and their residents were chosen for a targeted study
of benzene, p-dichlorobenzene and tetrachloroethylene. In addi-
tion to revealing source strength data for these VOC's, this
study, which involved sampling for three to five days instead of
the previously utilized single day period, will provide valuable
estimates of temporal variability in VOC exposure.
A VOC commuter exposure study was performed during late 1988
in Raleigh, NC. Principal study objectives were to determine
exposure levels to selected organic and inorganic pollutants
during automobile driving and to evaluate sources for these
chemicals within the automobile interior. This study will
provide new information on the relative concentration and
significance of VOC mobile source exposure and will be an
important asset for enhanced model development and evaluation.
Extensive methodology development and preliminary protocol
design have been completed for conducting a particle exposure
field study next year.
Integrated Air Canper Program - Residential oil combustion
was selected as the third source to be added in the next field
study which will be initiated in 1989. Urban areas were eval-
uated by selection criteria and ranked for suitability. The
five highest ranking locations were evaluated further by a site
visitation team. Roanoke, Virginia was selected and pilot
studies of the three sources in this airshed (automotive emis-
sions, woodsmoke, and residential distillate oil combustion)
were initiated. Nearly 15,000 samples were collected including
airborne particles, semivolatile and volatile organics, acid
gases and particles, and aldehydes. These samples are currently
being chemically characterized and studied in other mutagenesis
bioassays and whole animal tests.
The first full scale Integrated Air Cancer Project conducted
in Boise, Idaho, was completed in 1988. The impact of woodsmoke
and mobile sources on the organics and mutagenicity of the
airshed were characterized and assessed. Source apportionment
methods were used to select samples which were composited for
animal tumor bioassays for comparative mutagenicity and carcino-
genicity assessment. Micrometerology and source impact studies
provided new data on the dispersion of woodsmoke plumes in urban
areas. Bioassay directed fractionation studies combined with
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chemical characterization were initiated using samples from the
Boise airshed. The relative potency of the mutagenic compounds in
the gas and aerosol phases changes as atmospheric transformations
occur. (62,63)
Studies with animals focused on developing new indicators
of toxic effect, determining the dose-response of previously
detected changes, and establishing a. more accurate extrapolation
of effects to humans. Phosgene, p-xylene, toluene, epichloro-
hydrin, carbon disulfide, and styrene were examined as model
HAP chemicals, and health studies on methanol were initiated.
Dosimetry of phosgene suggested that animal studies are repre-
sentative of the human in terms of dose to the lung tissue.
Immuno-toxicological effects of phosgene were refined, showing
increased susceptibility to bacterial lung infection and lung
tumor metastases at levels of phosgene far below the industrially
accepted "Threshold Limit Value". Phosgene was also shown to
enhance and prolong influenza virus infection.
JTeurotoxicological effects were observed following
inh-ila-cion exposure to various HAP compounds. Changes in the
nturephysiology of the rat visual system were observed following
exposure to p-xylene, toluene, carbon disulfide, and styrene;
while epichlorohydrin was without similar effects. P-xylene
caused changes in motor activity in rats without affecting
learning or memory processes. Repeated oral doses of styrene
had little immediate effect on behavior but slowed learning in
adult rats long after exposure had stopped.
Reproductive effects of methanol and epichlorohydrin were
reevaluated and confirmed. Methanol altered plasma testosterone
levels in rats and epichlorohydrin decreased sperm mobility and
altered kidney measurements. Both compounds studied appeared to
exert transient effects.
Cancer research, including both genotoxic and non-genotoxic
agents, was targeted on complex mixtures of urban toxics. This
research is identifying sources of urban toxics as well as
specific compounds and classes of compounds that are present in
complex mixtures of urban toxics. The complex mixture research
program is also conducting comparative mutagenicity, DNA adduct
dosimetry, and carcinogenicity studies of specific mixtures
(e.g., woodstove emissions) and components of high potential
cancer risk. These comparative mutagenicity and carcinogenicity
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studies will provide the data base critical to providing both
weight of evidence and quantitative cancer risk data on the
carcinogenicity of complex sources contributing to urban air
toxics.
Municipal Waste Combustion (MWC) - Environmental engineering
studies and field tests were conducted to support development of
air emission regulations for municipal waste combustion facili-
ties. Combustion retrofits, designed to control emissions of
hazardous organics (dioxins and furans), were developed for
twelve different municipal waste combustion facilities. Field
tests were performed to acquire environmental data on emission
and control device performance at three MWC facilities. The
field tests include the acquisition of combustion and flue gas
cleaning process parameters and related emissions of particulate
matter, trace metals, acid gases, and trace organics. Field
tests were completed on a mass burn waterwall incinerator
equipped w^th a spray dryer and an electrostatic precipitator;
a refuse-deiived fuel combustor equipped with a spray dryer and
fabric 5il*.er and a mass burning refractory incinerator equipped
with an fclec.trostatic precipitator. (64,65,66,67,68,69,70,71,72,
73,74)
Carbon Adsorption - A pilot-scale laboratory for studying
the control of volatile organic compounds by carbon adsorption
was brought into operation during 1988. Testing of the effect of
relative humidity on the adsorption of three different organic
compounds has been completed. Test results indicate that rela-
tive humidity and temperature have significant effects on the
capacity of the activated carbon beds. This finding is important
because humidity effects can now be incorporated in the design of
carbon absorbers, making them more efficient in the control of
volatile organic compounds in contaminated waste gas streams.
In addition, the laboratory findings are being incorporated in
computer models of the carbon adsorption process. Access to
the models is being provided to state and local environmental
officials who must evaluate the efficacy of control approaches
described in permit applications.
Scientific Support to the Mobile Source Program
Exposure Monitoring and Modeling - EPA has continued to
assess human exposure to automotive-related pollutants (75) and
compile a baseline of ambient formaldehyde and other aldehyde
atmospheric concentrations to judge the possible impact of
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changing fuel mixture. A pilot study of human exposure to
selected aliphatic and aromatic VOCs during driving was con-
ducted in 1988. Although only preliminary results are available,
it appears that driving activities may be a significant contri-
butor to VOC exposure. Modeling efforts continued to validate
and test two existing exposure models — Simulation of Human Air
Pollutant Exposure (SHAPE) (76) and National Ambient Air Quality
Standards Exposure Model (NEM) (77, 78). Both models have been
modified based on these experiences. A modeling exposure work-
shop was held with over 30 modeling experts in attendance. The
results of this effort will be reflected in the new modeling
approach to total human exposure.
Research examined the sensitivity of tailpipe emissions from
late model gasoline motor vehicles to variations in ambient tem-
perature. (79) Tests were completed at a variety of operational
temperatures (70°F, 40°F, and 20°F). Total hydrocarbons (THC),
carbon monoxide (CO), NOx, detailed hydrocarbon and detailed
aldehyde emissions i«ere characterized. The data indicate signi-
ficant increases1 o:1- THC and CO emissions as ambient temperature
decreased. NOx and formaldehyde emissions, in general, increased
slightly as ambient tsmperature decreased. When idle operation
preceded the transient driving cycle, THC and CO emissions
decreased and NOx emissions were relatively unchanged. These
studies will be used as base line studies to compare the results
of future work examining the impact of alternative fuels such as
methano1.
Health Effects - There has been extensive research conducted
to determine the threshold levels of carboxyhemoglobin that
produce health effects in susceptible populations. Previous
studies relied on more subjective measurements to determine
effects of carbon monoxide exposure on susceptible individuals.
Two studies, completed at the clinical laboratory using direct
measurements of cardiac function, suggest that 6 percent car-
boxyhemoglobin level is near the threshold necessary for adverse
effects on exercise performance occurring after an acute exposure
to carbon monoxide among a broad group of patients with heart
disease. These studies suggest that there may be subsets of the
population that may be more susceptible to car carboxyhemoglobin
levels below 6 percent. (80,81)
Scientific Support to EPA's Indoor Air Program
The primary objective of EPA's indoor Air Research Program
is to be fully responsive to Title IV of Superfund and to support
related policy objectives. Since 1986, the Indoor Air Research
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Program has integrated the activities of four EPA research pro-
grams for health effects, monitoring, engineering, and risk
assessment with the intent of delivering timely information to
decision-makers and the public by which to better identify
sources and concentrations of indoor air pollution and to
predict adverse effects on human health.
Monitoring and Exposure Activities - EPA research in .his
area focuses on four areas: an advanced indoor air quality
model; a compendium of standard indoor air monitoring methods
to be used widely in the indoor air research and diagnostic
community; the development of advanced monitoring and analytical
methods; and a demonstration building investigation study at
the Library of Congress. All of the monitoring and exposure
assessment research is in direct response to Title IV of Super-
fund, particularly as the research relates to cooperating with
other Federal agencies, developing instruments to measure and
characterize indoor air quality, and providing useful information
to the public in a tim-.ly mcnner.
Methods development activities include development of new
methods for organics, (especially for polar organics), and for
semi-volatile organics. A field demonstration study of indoor .
methodology was conducted in the EPA Building in Washington, DC
in response to a request to apply indoor methodology, to building
related complaints. As part of this study 4-phenylcyclohexene
was identified as an emission from carpets. In addition, EPA
identified the ultrasonic humidifier as a potentially signifi-
cant source of particles which may have a health impact.(82)
Exposure-dosimetry studies of environmental tobacco smoke
were conducted in the normal indoor exposure environments (day
care and home) and controlled chamber environments of preschool
children. These studies indicate that urinary cotinine is a
reliable and semi-quantitative biological marker of environmental
tobacco smoke exposure in young children.
The program continues to develop a risk characterization
methodology by which to assess different indoor air scenarios
consistently. The risk assessment methodology is designed to
assess the risks of specific categories of indoor pollutants such
as radon, asbestos, biological contaminants, gas phase organic
compounds, inorganic compounds, and non-ionizing radiation.
The research objective is to develop a conceptual framework
and systematic approach for analysis and presentation of risk
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assessment studies. Also, in the area of assessing indoor air
scenarios, special assessments studies are being conducted to
identify and assess the effects of biological contaminants on
the indoor environment, problems and benefits of cleaning and
maintenance activities, and effects of odors on human stress
levels and health.
Health Effects - Research has been designed to investigate
specific health questions dealing with human response to indoor
pollutants. The health program studies human response to gas
phase organic compounds found in the indoor environment, children
exposed to environmental tobacco smoke, the mutagenic potency of
the emissions from unvented kerosene heaters, and, more recently,
animal testing procedures to better study a range of health
effects such as reproductive and developmental effects, obstruc-
tive lung disease, and generaJ respiratory irritation.
A clinical study was underway in 1989 to investigate the
health effects of exposure to a mixture of volatile organic
compounds emitted from building materials and furnishings.
This is a replication of a Danish s^.udy that associated memory
impairment and exposure to low coricer.trations of this mixture.
Engineering - research has continued to focus on source
characterization and control technology effectiveness. The
source characterization work develops methods for emissions
testing and has begun a program designed to rank sources of
indoor air pollutants in terms of their contributions to adverse
human exposure and health risks. The public continues to request
information on the selection and use of products found indoors.
These products range from building materials to consumer products
of all types—pesticides, cleaners, hair sprays—to name a but a
few. EPA's Indoor Air Research Program has actively worked with
industry to develop advanced source testing methods and to begin
to apply them on a wider scale.
Scientific Support for the Radon Program
The objective of EPA's radon research program is to conduct
research, development, and demonstration activies aimed at
assessing the full range of alternative mitigation techniques for
reducing exposure to indoor radon. Techniques.applicable to a
range of building types (new and existing houses, schools, and
other buildings), building design and construction methods, and
geological conditions representative of the U.S. building stock
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are under investigation. Specific activities include: field
testing of radon reduction methods in existing and new houses,
schools, and other buildings; laboratory testing of specific
mitigation devices and materials; problem assessment studies; and
data analysis. These research activities provide essential data
to support EPA's Radon Action Program.
In 1988, radon mitigation research focused on field testing
pf reduction measures in existing houses; initial testing of
reduction measures in schools; and testing of features incor-
porated into new homes during construction to prevent radon
entry. Technical guidance manuals describing the radon reduction
measures investigated for both existing houses and new construc-
tion were issued for use by home owners, builders, and state/
local officials.
Scientific Support for the Stratospheric Ozone Program
The EPA must have adequate scientific information for cost-
effective decision making to protect stratospheric ozone. In
addition, it must be able to predict potential damage from unpre-
ventable ozone depletion, and to undertake- mitigative action. If
current depletion trends continue, the possibility of serious
environmental and health damage exists even were a complete
phase-out of currently regulated chlorofluorocarbons (CFC's) to
occur. This will occur in part because there are many unregu-
lated chlorine- and bromine-containing substances that are
expected to be produced in the near future. The EPA's highest
priority in this research area is to provide scientific infor-
mation for the 1990 and 1994 assessments in support of the
Montreal Protocol which is discussed in more detail in Chapter X
of this report.
The largest part of EPA's stratospheric ozone research
program consisted of research on the effects of radiation in
the 290-320 nanometer waveband (UV-B radiation) on ecological
systems, including agroecosystems and silvaculture systems.
(83,84,85,86,87) Major crop and forest species, such as soybean
and pine, have shown measurable damage after prolonged exposure
to UV-B radiation. Rsearch was also conducted'on the effects
of UV-B radiation on plant competition between a crop species
(wheat) and common agricultural weeds. Results from studies also
indicate that any increase in UV-B radiation may also indirectly
affect global fisheries by altering production in marine food
webs.
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In an effort to reduce the amount of stratospheric ozone
depleting CFC's released during the servicing of auto air
conditioners, a project was initiated in the summer of 1988 to
determine the acceptability of recovering and reusing the CFC
refrigerant. This project was undertaken as a joint effort by
the EPA, the Mobile Air Conditioning Society, and the Motor
Vehicle Manufacturers Association. On the basis of the experi-
mental findings, an industry ad hoc committee agreed that
recycled auto air conditioner refrigerant would not have to meet
specifications for new refrigerants. Instead, a refrigerant
purity comparable to that in cars which have been in use for
approximately 15,000 miles with properly working air conditioners
would be adequate. The study determined the type and quantity
of impurities and indicated that the CFC refrigerant can be
cleansed of contaminants to an acceptable level for reuse by
simple, portable equipment. This study therefore provides a
basis for the auto and mobile air conditioner industries to
promote the recovery and reuse of refrigerant in place of the
present practice of venting used refrigerant directly to the
atmosphere.
A cooperative study with the Electric Power Kc?search
Institute was initiated in 1988 to evaluate new chemicals thought
to have good potential for replacing existing ozone depleting
CFC's and halons. Small quantities of these chemicals are being
prepared by research teams at Clemson University and at the
University of Tennessee and relevant physical/chemical properties
are being determined. This study is designed to fill in the
substantial data gaps which now exist regarding the properties
of new classes of potential replacement chemicals such as
fluorinated ethers. For fire suppression agents, foam blowing
agents, and refrigerants, in particular, the present slate of
potential chemical substitutes is limited to a few candidates
possibly possessing disadvantages with regard to energy penalties
or application efficacy. Data on promising candidates will be
available to the chemical industry for further evaluation and
development.
Scientific Support for the Global Warming Program
ORD's Global Climate Change Program is aimed at evaluating
potential changes in the environment associated with changes in
the climate system. This effort includes: 1) the assessment of
the likelihood, magnitude, and extent of global climate change,
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and 2} the development of the capability to make regional
evaluations. Such an assessment is essential to the development
of alternative strategies to address the potential effects of
climate change.
In February 1989, the EPA Science Advisory board review
ORD's Global Climate Research Plan which was under development
in 1988. The document is the result of a year-long effort of
planning and climate-related research activities on the part of
EPA staff and cooperators. The Global Climate Research Plan
outlines a long-term research program to better characterize
global emissions, atmospheric processes, and the impacts on
ecological, biological and hydrological systems. The Plan also
addresses in detail the problems inherent in managing an
effective broad-scale, multidisciplinary, and geographically
diffuse research program.
Under the Global Climate Protection Act of 1987, it. is EPA's
mandate to develop national policy and to conduct scientific
assessments on issues related to climate change. In support of
this mandate, ORD's Global Climate Change Program has made laa-jor
contributions to two Congressionally-mandated reports: T.ne
Potential effects of Global Climate change on the United States,
and a report concerning policy options for stabilizing current
levels of greenhouse gas concentrations. These reports are
scheduled for release in late 1989.
Climate Change - A major report (88) outlines and estimates
the possible interactions between climate change and atmospheric
chemistry that need investigation on both local and/or regional
and global scales. This problem is enormously complex and is not
simply one of estimating temperature change and running chemical
models already in use. The changing climate influences many
different factors such as precipitation, atmospheric transport,
changes in budgets of species with biological sources, changes in
UV light because of stratospheric ozone depletion, changes in
deposition rates, etc. The single most significant finding in
this study is that very little is known about the interactions of
the above-cited effects with either climate or air pollution.
Nitrous Oxide (N20) Workshop - The EPA co-sponsored an
international workshop in Paris in June 1988 to solicit research
efforts to further characterize direct N2O emissions from fossil
fuel combustion. Over 50 researchers from Europe and the U.S.
attended. The workshop was very successful in that it uncovered
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a sampling artifact that puts much of the existing data under
suspicion. Further, the workshop stimulated research efforts
including commitments to investigate the artifact mechanisms.
N2O From Combustion - In-house and field studies have
attempted to characterize the direct emissions of N20 from
stationary combustion sources. Results indicate that these
emissions are typically less than 5 ppm for pulverized coal-fired
utility boilers. These analyses were performed using on-line
techniques, unaffected by the sampling artifact described above.
These data, however, only include a limited number of combustion
sources. Other sources still need examination. (89)
Activities to Improve Understanding of Acid Deposition
Precursor Emissions
The 1985 National Acid Precipitation Assessment Program
(NAPAP) emissions inventory was compiled and distributed for use
by atmospheric chemists and policy analysts. This data supplants
the 1980 data for use in acid deposition and oxidant scientific
and regulatory studies. Availability of the information cul-
minates a five year program involving the sources, States, and •
EPA Headquarters and Regional Offices. This information will
be the mainstay of research and regulatory activities until an
updated emissions inventory becomes available. The results show
national annual anthropogenic emissions in 1985 of 23 million
tons of S02, 21 million tons of NOx, and 22 million tons of VOC.
Coal-fired utilities were major source of S02 and NOx emissions
while transportation was the major contributor to NOx and VOC
emissions. The petrochemical industry was also a major contri-
butor to VOC emissions. The majority of emissions were in
the northeastern portion of the United States. The emission
inventory also contains information on Canadian and natural
source emissions for the first integration of emissions from
all sources in North America.(93)
Emission projection models were also advanced in 1988 to
forecast emissions into the future given various energy,
economic, and societal assumptions. The models also have the
capability to project costs of various strategies to control
emissions. The models released in 1988 include the Advanced
Utility Simulation Model (AUSM Version 3.0) (94,95,96,97,100),
the Industrial Combustion Emissions Model (ICE Version 6)
(101-108), the Process Modeling Projection Technique (PROMPT
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Version 3.0) (109,110,111,112), and the Volatile Organic com-
pounds Model (VOCM Version 1.8). (113,114,115) These models
significantly advance the state-of-the-art in emission pro-
jections and cost of control strategies.
C. Activities to Develop the Limestone Injection Multistage
Burner (LIMB) for Control of SO2 and NOx;
In 1988, a flue gas humidifier was added to the wall-fired
LIMB demonstration and initial operation of the humidifier was
begun. The humidifier is expected to improve LIMB SO2 capture
from the present 55 percent removal to 65-70 percent removal.
(116) NOx emissions are expected to remain about 50 percent
of uncontrolled levels. On the tangentially-fired boiler LIMB
demonstration, preliminary boiler characterization was completed,
and engineering design for LIMB installation was initiated, and
a Program Peer Review was held. (91,92,93)
In 1988, work continued on development of the ADVACATE
process, an EPA conceived technology designed for removal of SOx
from either new or existing coal-fired boilers. A major mile-
stone was accomplished when EPA and Flakt signed the Agency's
first Cooperative Research and Development Agreement under the
Federal Technology Transfer Act of 1986. Pilot results indicate
the process is capable of" more than 95+percent S02 removal in
conjunction with a baghouse. (118)
Development of the E-SOx process continued during 1988 with
construction of a 5 megawatt field pilot plant nearing comple-
completion. The E-SOx process is also an EPA developed concept
which provides combined particulate and SOx removal in a modified
existing electrostatic precipitator applied to a coal-fired
boiler. (119)
Activities to Improve the Scientific Understanding of the
Aquatic Effects of Acid Deposition on Surface Waters.
Watersheds. and Aquatic Biota
The National Stream Survey-Phase I (NSS-I) was conducted in
the Mid-Atlantic and Southeast regions of the United States as
part of the National Surface Water Survey. As did the National
Lake Survey, the NSS-I focused on regions of the United States
where, on a national scale, (120) acidic deposition rates are
relatively high and given the current understanding of acidic
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deposition effects on surface waters, the numbers of clearwater
acidic streams and streams with low acid neutralizing capacity
were expected to be highest. Water chemistry was measured in
504 stream reaches within nine subregions in the Mid-Atlantic
and Southeast. Estimates were made regarding characteristics
for the target population (64,300 reaches or 224,000 km total
length). Acid neutralizing capacity is commonly used to examine
the susceptibiliti of surface waters to acidification and was a
key variable measured in the study. Although the survey can be
used to provide estimates for any reference value, two previously
used values and their definitions are as follows: stream reaches
with ANC <0 are acidic; those with ANC <50 eq/L are generally
agreed to be very sensitive to acidification.
Of the total estimated target length of eastern reaches, an
estimated 11.7 percent (47,000 tan) had ANC <50 eq/L. The results
also indicate notable differences between the Mid-Atlantic and
Southeast with respect to the percentage of stream reach length
that was acidic and that had ANC <50 ueq/L. Less than l percent
of the surveyed acidic streams were in the surveyed portions of
the Southeast, except in Florida, where most streams (including
acidic streams) also contained high concentrations of dissolved
organic carbon. Nearly twice the percentage of stream length in
the Mid-Atlantic (15.5 percent, 17,067 tan) had ANC <50 ueq/L,
compared to the Southeast where <7.1 percent (6,420 tan) had ANC
in this category.
Most of the acidic streams were in upland, forested
drainages of less than 20 square kilometers within the interior
subregions of the Mid-Atlantic region (Poconos/Catskills, Valley
and Ridge, and Northern Appalachians) and in lowland reaches of
the Mid-Atlantic Coastal Plain. An additional 4600 kilometers
(tan) of acidic streams with very high sulfate concentrations
and evidence of mining activity were not included in further
analyses. In the 2324 tan of acidic streams estimated for the
Interior Mid-Atlantic, sulfate is typically the dominant anion
and organic acids comprise only a small fraction of their aci-
dity. Acidic deposition, therefore, cannot be ruled out as the
major source of acidity in most of the acidic stream length in
these three Interior Mid-Atlantic subregions. Both naturally
occurring organic acids and acids from acidic deposition appear
to be contributors to stream water acidity in the acidic stream
reaches (2527 tan) of the Mid-Atlantic Coastal Plain. (121,122)
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The Episodic Response Project was initiated to examine
episodic acidification and associated biological effects in
streams of the Northern Appalachian Plateau of Pennsylvania and
the Catskills and Adirondacks of New York. A preliminary model
was used together with regional chemistry and deposition data
to estimate that acidic episodes are likely to be a chemically
important regional phenomenon. Population estimates of the total
proportion of acidic streai. reaches would increase by 40-640 per-
cent in six subregions of the eastern United States if episodes
are taken into account. While 11 percent of the Adirondack lakes
were estimated to be acidic based on National Lake Survey data,
an linear regression model predicted that more than 35 percent
would have been acidic during the spring of 1986.
Sampling strategies for the detection of long-term trends
in surface water acidification were analyzed as part of the
Temporally Integrated Monitoring of Ecosystems Project. Several
statistical techniques were tested on the basis of their power of
trend detection for data sets typical of long-term monitoring
programs dealing with acidic deposition effects. These results
reduce uncertainty in monitoring network design for surfaca water
acidification, by providing the statistical basis for establish-
ing establishing the number of sites and monitoring frequency.
Forty-nine lakes in the Upper Peninsula of Michigan (pH 4.4
to 8.2) were surveyed to evaluate the status of fish communities
in the region relative to potential effects from acidic deposi-
tion. The sampled lakes are all greater than 4 hectares in size
and greater than 1.5 meters deep and. were a subset of those
sampled for water chemistry in fall 1984 as part of Phase II of
the Eastern Lake Survey. One or more species of fish were caught
in 47 of the 49 lakes, which when extrapolated to the target
population represents an estimated 99.4 percent of the lakes in
the region. Yellow perch, which are quite acid tolerant and are
commonly caught in waters with pH levels as low as 4.5, were the
most common species caught in 31 of the target lakes. Fewer fish
species were caught in lakes with lower pH and lower calcium
levels, even after accounting for effects related to lake size or
lake type, i.e., seepage or drainage. Several minnow and darter
species were notably absent from lakes with low pH (5.7-6.0),
perhaps reflecting an intolerance of acidic conditions. This
study provides a comprehensive survey of the present-day status
of fish communities in a region of the country with a relatively
high frequency of acidic lakes (an estimated 9.8 percent of the
lakes have ANC <0ueg) and with little existing data on fish
community composition in lakes potentially sensitive to acidic
deposition. (123)
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Completion of a second year- of exposure to pH 5.1 produced
additional changes in the biota of artificially acidified Little
Rock Lake, a seepage lake in north-central Wisconsin. (124)
Laboratory exposure, in-situ field exposure, and field population
data are providing a basis for comparisons of various approaches
for estimating the effects of acidity on fish. (125) The effect
of acidification on mercury accumulation in yellow perch inhabit-
ing Little Rock Lake is being studied. Mercury concentrations
in one-year old whole perch increased in response to whole-lake
acidification from pH 6.1 to 5.6. (126) Mean body burdens of
mercury in these yellow perch were greater in the lake's treat-
ment basin than in the reference basin. Acidification of the
treatment basin may have increased the net production of methyl-
mercury, the form of mercury that is most readily accumulated by
fish. The influence of a decrease in pH on the direct uptake of
methylmercury by fish remains unclear.
The Direct/Delayed Response Project is focusing on chronic
sulfate deposition effects to determine the rate at which average
annual surface water ANC might be expected to reach zero, given
various rates of sulfate deposition. Forecasts are being made
with three watershed acidification models. As part of this
project, relative contributions of in-lake alkalinity generation
to total basin alkalinity budgets for drainage lakes in selected
regions of the eastern United States were estimated and show that
for most drainage lakes in the Northeast, Southern Blue Ridge
Province, and Upper Midwest, in-lake alkalinity generation is a
minor contributor to net basin alkalinity production. (127,128)
An independent report was prepared which assessed model code
formulations of forecasting models being applied in DDRP. (129)
The report concludes that model forecasts may be useful in the
development of national policy for limiting the emissions of
acidic deposition precursors.
Regional-scale estimates of runoff are needed as input
parameters in the watershed acidification models being used in
the Direct/Delayed Response Project to forecast surface water
acidification. Study results indicate that runoff contour maps
can be used in regional studies to extrapolate runoff to study
watersheds with quantifiable uncertainty. (130,131) The analysis
of uncertainty in this component is one part of a more compre-
hensive uncertainty analysis now underway.
Chemical weathering of minerals is the major process that
provides long-term neutralization of acidic deposition. Organic
compounds have been hypothesized to control weathering rates of
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primary minerals (and release rates of base cations) either by
direct complexation reactions or indirectly by influencing
solution pH. As part of the Watershed Manipulation Project
in Maine, a series of laboratory studies have been completed
demonstrating that neither pH nor concentration of oxalic acid
(a metal-binding organic compound) influence the weathering rates
of two primary minerals, oligoclase and tremolite, found in low
weathering environments. Extrapolation of these results to the
field is premature at this time, but the research suggests that
acidic deposition may have minimal effects on the weathering rate
of (and rate of base cation supply from) these pure minerals.
Activities to Improve the Scientific Understanding of the
Terrestrial Effects of Acidic Deposition on Forests. Soil, and
Watersheds
Acidic deposition and its associated pollutants have been
implicated as contributors to the recent decline observed in
forest health in some particular areas of the United States.
Effects of acidic deposition may include acidification of forest
soils, an increase in incidence of and possibly severity of
winter injury to trees, and changes in growth rate of trees.
The joint US EPA/USDA Forest Service Forest Response
Program(FRP) has been researching effects of acidic deposition
on the following forest types: Southern commercial pine,
spruce/fir, western coniferous, and eastern hardwood forests.
Additional FRP research has been conducted by the Atmospheric
Exposure Cooperative.
Southern commercial pine, northeastern spruce/fir, western
conifer, and eastern hardwood forests. Research in each forest
type was the basis for four separate research cooperatives. All
research programs were strongly supported by Quality Assurance
(QA) and Synthesis and integration (S&I) Projects. Based on a
critical analysis of information on soils in conjunction with
simulated model runs of soil chemistry, it is expected that a
portion (perhaps as much as 30 percent) of southern forest soils
may show major changes in soil chemistry within 50 years if
deposition continues at current levels. (132) Direct toxicity
to mycorrhizae (symbiotic fungi of tree roots) by nitrogen
deposition is unlikely, even at the highest level of deposition
evaluated, 35 kilograms per hectare per year. (133)
Spruce-Fir Research Cooperative - A regional survey of
forest condition in the high elevations of the Northeast was
conducted in 1988. Preliminary results indicate a west-to-east
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gradient in forest damage, with more dead red spruce occurring
in the Adirondacks and Green Mountains and less in the White
Mountains and in western Maine. (134) . About 50 percent of
red spruce with diameter greater than 5 cm are dead on White-
face Mountain, NY. Spruce mortality is highest in larger size
classes, and above 1000 meters elevation. Using diameter
distributions as a measure of age distribution, spruce appear
to be a stable population below 1000 meters, and a declining
population above 1000 meters. No other species shows unexplained
levels of recent mortality. Insect and pathogen surveys have not
detected any biotic factors which could explain the high levels
of spruce mortality. (137)
In the Southern Appalachians, the percent standing dead red
spruce range from 5 percent to 13 percent, well within natural
conditions. In the Great Smoky Mountains, the percent red spruce
classified as healthy (less than 10 percent needle loss) went
from approximately 85 percent in 1985 to about 60 percent in
1988. The Black Mountains showed a similar trend, but leveled
off between 1987 and 1988 with about 70 percent of the trees
classified as healthy. Crown condition at Mt. Rogers has
remained constant, with about 87 percent of the red spruce
classified as healthy. It should be noted that 1986 and 1987
were very dry years in the Southern Appalachians. (135) Another
study in the spruce/fir region has found that the balsam woolly
adelgid, an insect pest of true firs native to Europe, has caused
extensive mortality of Fraser fir in the Black Mountains and in
the Great Smoky Mountains. (136)
Western Conifers Research Cooperative - Atmospheric
scientists with the WCRC found that clouds in the West are much
more acidic than precipitation, and are an important source of
pollutants. Forests in the central Cascades of Washington
intercept summer clouds with pHs 3.0 - 4.8, similar to cloud pHs
in the northeast.(138) Other western forests exposed to acidic
clouds include the southern Sierra Nevada (pHs 4.0 - 5.5) and
Mt. Werner, Colorado (mean pH 3.7). In contrast, deposition of
Hydrogen ion and sulfate in precipitation is low, averaging 1/10-
1/4 of eastern values. Precipitation pHs as low as 4.0 are rare,
while pHs around 5.0 are common.
Ozone occurs at potentially damaging concentrations in many
forested areas in the West. Hourly ozone concentrations in the
San Bernardino Mountains of southern California consistently
exceed 120 ppD (the Federal standard) during the growing season.
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Hourly averages for the southern Sierra Nevada often exceed
60 pp during the growing season, while forests in the Puget
sound (WA) region and Front Range (CO) also experience elevated
ozone concentrations.
Field surveys of forest condition were conducted in four
forested regions with increased air pollution and deposition:
Puget Sound region (WA), southern Sierra Nevada, central Arizona,
and front Range (CO). Foliar damage and needle loss from ponde-
rosa pine occurs over large areas in the Sierra Nevada and in the
San Bernardino Mountains (CA). This canopy damage has not yet
translated into a regional growth decline of ponderosa pine in
the Sierra Nevada.(139) However, abnormal reductions in growth
rate have occurred in some of the areas with foliar damage.
Ponderosa pine and Douglas fir in the southern Arizona mountains,
where exposure to S02 and ozone is estimated to be highest, show
more instances of recent growth declines than do stands in less
polluted areas of central Arizona. Surveys in northwest Washing-
ton and the Front Range, Colorado showed no evidence of forest
damage or growth changes due to air pollution.
National Vegetation Survey - Research studies have identi-
.fied definite decline since 1960 in the basal area growth rate of
second-growth stands (age 60-75 years) of northeastern red spruce
and balsam fir. These stands were growing at elevations less
than 700 meters throughout New England and New York. Although
these studies have not completely eliminated the possible role of
atmospheric pollutants, they have demonstrated that the decrease
in basal area increment is explicable at least in part by natural
factors that affect growth.
Scientists at EPA are integrating the results of several
studies across the Forest Response Program into internal reports
referred to as Major Program Outputs (MPO's). One preliminary
MPO includes the following findings: Recent changes in the
growth rates of red spruce have occurred in both high and low
elevation, forests. It appears that red spruce is responding
differently to climate since 1960 in the north and 1965 in the
south. Although it has not been possible to correlate growth and
pollutant exposure, it does appear that the decline increases
with a concomitant increase in elevation. Many pollutants are
known to be present at higher concentrations and for greater
duration as elevation increases. (140-144)
Major Program Output #3 in the Forest Response Program is
an internal report which summarizes air pollutant effects on
important tree species from seedling exposure studies. One of
111-28
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the mechanisms through which it is hypothesized that acid preci-
cipitation can cause effects, is leaching of important cations
from foliage. One of the studies shows that foliar leaching of
potassium,calcium, and magnesium was significantly increased with
acid fog with pH as low as 3.1. However, the amounts of cations
leached were relatively small compared to the estimated increase
in daily uptake rates for these seedlings. (145)
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Rates Using Input-Output Studies." Water. Air. Soil Pollution,.
4:263-273.
128. Jenne, E.A, L.E. Eary, L.W. Vail, D.C. Girvin, A.M.
Liebetrau, L.F. Hibler, T.B. Miley, M.J. Monsour. An Evaluation
and Analysis of Three Dynamic Watershed Acidification Codes
(MAGIC, ETD. and ILWAS). Pacific Northwest Laboratory,
Battelle Richland WA, PNL-6687/UC-11.
129. Krug, W.R., W.A. Gebert, D.J. Graczyk, D.L. Stevens, B.P.
Rochelle, and M.R. Church. Runoff maps for the Northeaster^
Southeastern and Mid-Atlantic United States for 1951-1980. Water
Resources Investigation Report 88-4094, U.S. Geological Survey.
130. Rochelle, B.P., D.L. Stevens, Jr., and M.R. Church.
"Uncertainty Analysis of Runoff Estimates from a Runoff Contour
Map." Water Resource Bulletin. (In Press)
131. Binkley, D., C.T. Driscoll. "Impacts of Acidic Deposition:
Context and Case Studies of Forest Soils in the Southeastern
U.S." Accepted for publication by Springer - Verlag, NY.
111-41
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132. Cline, M.L., R.J. Stephans, and D.H. Marx. "Influence of
Atmospherically Deposited Nitrogen on Mycorrhizae in the
Southeastern Commercial Forest: A Critical Literature Review."
EPA internal report.
133. Friedland, A.J. "Patterns of Forest Condition in
Northeastern High Elevation Spruce/Fir Forests." Progress report
to the Spruce-Fir Research Cooperative.
134. Zedaker, S.M., N.S. Nicholas, C. Eagar. "Assessment of
Forest Decline in the Southern Appalachian Apruce/Fir Forests,
USA." Proceedings 15th IUFRO Meeting: Air Pollution and Forest
Decline Workshop. Interlaken, Switzerland. Oct 2-8, 1988. (In
press).
135. Bruck, R.I. "Survey of Diseases and Insects of Fraser
Fir and Red Spruce in the Southern Appalachian Mountains."
Plant Disease (Submitted - in review). Also in progress report
submitted to and included in the 1988 Spruce-Fir Research
Cooperative Technical Report.
136. Friedland, A.J. and J.J. Battles. "Red Spruce Decline
in the Northeastern United States: Revi-ew and Recent Data
from Whiteface Mountain." In Proceedings.of the Workshop on
Forest Decline and Reproduction: Regional and Global
Consequences. Krakow, Poland. Mar 23-27, 1987.
137. Basabe, T., R. Edmonds, T.V. Larson. "Ozone Levels and Fog
Chemistry in Forested Areas in Western Washington." The 35th
Annual Western International Forest Disease Conference, Special
Papers. Nanaimo, BC Canada. Aug 18-21, 1987. Pp. 129-133.
138. Peterson, D.L. and M.J. Arbaugh. "Growth Trends in the
Mixed Conifer Forest of the Sierra Nevada." EPA internal report
(Final report submitted to the Western Conifers Research
Cooperative).
139. Federer, C.A. and Hornbeck, J.W. "Expected Decrease in
Diameter Growth of Even-aged Red Spruce." Canadian Journal
Forest Research. 17:266-269.
»
140. Hornbeck, J.W. and Smith, R.B. "Documentation of Red Spruce
Decline." Canadian Journal Forest Research. 15:1199-1201.
111-42
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141. Hornbeck, J.W., Smith. R.B. and Federer, C.A. "Growth
Decline in Red Spruce and Balsam Fir Relative to Natural
Processes." Water. Air and Soil" Pollution. 31:425-430.
142. Van Deusen, P.C. "Testing for Stand Dynamics Effects on Red
Spruce Growth Trends." Canadian Journal Forest Research.
17:1487-1495.
143. Van Deusen, P.C. Red Spruce Tree Ring Analysis Using A
Kalman Filter. In Analyses of Great Smokey Mountain Red Spruce
Tree Ring Data. Ed. P.C. Van Deusen. USDA Forest Service
General Technical Report SO-69.
144. Turner, D.P., D.T. Tingey, and W.E. Hogsett. "Acid for
Effects on Conifer Seedlings." Submitted to Proceedings of the
15th International Meeting for Specialists in Air Pollution
Effects on Forest Ecosystems: "Air Pollution and Forest Decline,"
in Interlaken, Switzerland, October, 1988.
111-43
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IV. DEVELOPMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS
A. DESCRIPTION OF ACTIVITIES
The 1977 Clean Air Act Amendments require EPA regularly to
review, and where necessary, to revise the national ambient air
quality standards. During 1988 all six air quality standards
were under active review along with a candidate for a new air
quality standard, acid aerosols.
On April 26, 1988, EPA announced its proposed decision not
to revise the national ambient air quality standards for sulfur
oxides (measured as sulfur dioxide) . In that same notice, EPA
also sought public comment on the alternative of establishing a
new 1-hour sulfur oxides standard of 0.4 parts per million (ppm)
and making certain revisions to the existing standards. The
notice also proposed revisions to the 24-hour significant harm
level and proposed a new short-term significant harm level. The
comment period on the proposals closed in November, 1988. It is
anticipated that final action on the proposals will be taken in
1990.
In April 1986, the Clean Air Act Scientific Advisory
Committee (CASAC) reviewed a revised draft of the ozone criteria
document and the first draft of the ozone staff paper. The CASAC
completed its review of the criteria document in October 1986.
At a December 1987 meeting, CASAC reviewed a revised staff paper
and a research summary of more recent studies. Issues were dis-
cussed regarding the existing 1-hour standard and the possible
need for new longer-term standards to protect against chronic
health and welfare effects. At the conclusion of this session,
CASAC did not feel the group had reached a point where it was
adequately prepared to articulate and communicate its recommen-
dations to the EPA Administrator and thus it called for an
additional meeting. This-meeting was held December 14-15, 1988,
and CASAC recommended a more stringent welfare standard but was
split on whether to retain or tighten the health standard. At
this meeting, CASAC also indicated that it was premature to set
a longer-term health standard. EPA will consider modifications
to the ozone air quality standards after receiving written
recommendations from the CASAC in 1989.
Activities in 1988 related to the review of the national
ambient air quality standard for lead focused on completion and
review of a draft report detailing methodologies for.multi-media
lead exposure analyses and their validation. A CASAC subcom-
mittee completed its review of the draft report in October 1988.
The document is expected to be printed in final form early in
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1989. Results of exposure analyses using these methodologies
will be incorporated into the lead staff paper as part of the
overall risk assessment on alternative lead standards. It is
anticipated that CASAC will review a revised draft of the lead
staff paper in early 1989.
Reviews of the carbon monoxide and nitrogen dioxide air
quality standards were completed in 1985. The EPA began the
process of preparing a new criteria document for carbon monoxide
in 1987. The EPA is in the process of reviewing the results from
several ongoing studies of the health effects of carbon monoxide,
including a major study which better identifies the relationship
between carbon monoxide and possible aggravation of pre-existing
cardiovascular disease. A public workshop on the revised carbon
monoxide criteria document is planned for the fall of 1989.
Development of the criteria document for nitrogen dioxide was
initiated in 1987 and work continued on its development in 1988.
An external review draft of the revised nitrogen dioxide criteria
document is scheduled to be available for public review in 1990.
Also during 1988, EPA completed and released for public
review the draft document entitled "Acid Aerosols Issue Paper."
The document, prepared in response to CASAC recommendations,
evaluates emerging health effects literature to assist CASAC
deliberations on whether or not acid aerosols warrant listing
as a criteria pollutant. After reviewing the document and
research needs at a June meeting, a CASAC subcommittee made a
recommendation that EPA consider listing acid aerosols. On
October 6 the full CASAC met to discuss the subcommittee's
recommendations. While expressing its substantial concern
that the issue of the potential health effects of acid aero-
sols warrants additional attention by EPA, the full Committee
did not recommend that the EPA consider listing at this time.
Instead, CASAC recommended proceeding on several fronts to fill
critical information gaps. This is to assure timely action by
EPA including a determination of whether the potential health
effects of acid aerosols warrant additional action to protect
public health either through modification of existing national
ambient air quality standards or through developing a separate
standard for acid aerosols at such time that sufficient
scientific technical information becomes available.
On July 1, 1987, EPA published an advance notice of proposed
rulemaking soliciting public comment regarding the development of
a new secondary ambient air quality standard for fine particles
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(those particles less than 2.5 micrometers in aerodynamic dia-
meter) . In 1988, EPA reviewed the comments received on the
notice. Comments were received on the regional character of
visibility, determination of adverse effects, pollutant/visi-
bility/source-receptor relationships, and timing of standards
development with respect to acid deposition strategies.
On November 28-29, 1988 EPA held the first meeting of the
visibility research subcommittee of the Clean Air Scientific
Advisory Committee. This subcommittee is chartered to review
current scientific knowledge related to visibility as well as
related ongoing research activities in order to advise EPA on
future research priorities. Meetings of the subcommittee will
continue in 1989.
The EPA is still in the review process for secondary
standards for particulate matter to address regional haze
conditions associated with elevated levels of fine particles.
For related information on visibility protection, see Chapter VI,
Section D, Visibility Protection in Federal Class I Areas.).
B. REFERENCES
1. 53 FR 14926, April 26, 1988.
2. 52 FR 24670, July 1, 1987.
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V. ASSESSMENT AND CONTROL OF TOXIC AIR POLLUTANTS
A. INTRODUCTION
In 1985, EPA announced its strategy for the control of both
routine and accidental releases of toxic air pollutants. The
following sections discuss the activities and progress made in
1988 to implement this strategy.
B. ASSESSMENT AND REGULATORY DECISIONS
In 1988, EPA initiated a shift in the emphasis of the air
toxics assessment program from a pollutant basis to a source
category basis. The objectives of the change were to provide a
broader focus on source category emissions, to focus assessments
on the most likely regulatory candidates (source categories), and
to accelerate the assessment process. During 1988, a comprehen-
sive list of stationary source categories and an accompanying
ranking methodology were developed. During 1989, the first
group of assessment candidates will be selected.
With the development of the source category ranking system,
decisions on several pollutants in preliminary assessment were
deferred pending consideration as constituents of source category
emissions. A decision not to pursue Federal regulation of
naphthalene was published . Ten pollutants remained in various
stages of assessment.
The EPA released a characterization study of the hospital
waste combustion industry . A decision on possible regulation
of this source category under the Clean Air Act is scheduled for
1989.
C. FEDERAL REGULATORY PROGRAM - STATIONARY SOURCES
1. National Emission Standards for Hazardous Air Pollutants
(NESHAP)
o Vinyl Chloride - In July 1987, the Circuit Court
of Appeals for the District of Columbia vacated EPA's 1985
withdrawal of a proposed revision of the NESHAP for vinyl
chloride. In remanding the standard to EPA for reconsideration,
the court held that EPA had not shown that the vinyl chloride
standard adequately protects public health within the meaning of
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Section 112 of the Clean Air Act. During 1988, EPA worked on
preparing a NESHAP policy that would be consistent with the
Court's decision.
o Benzene - In June 1984, the EPA promulgated a NESHAP
for benzene equipment leaks and withdrew proposed NESHAPs for
benzene emissions from maleic anhydride plants, ethylbenzene/
styrene plants, and benzene storage tanks. Following the vinyl
chloride decision, EPA requested and was granted a voluntary
remand of the benzene NESHAP to reconsider the three withdrawn
benzene proposals and the benzene fugitive NESHAP. The response
to the benzene remand will convey the Agency's response to the
vinyl chloride decision and set the precedent for how air toxics
will be regulated under Section 112. The EPA's proposed response
to the remand was published on July 28, 1988. The proposal also
included a reassessment and reproposal of the benzene standard
proposed in 1984 for coke by-product recovery plants. Final
action on the remand is expected to be published in 1989 and will
form the policy basis for NESHAP for other source categories.
Following promulgation of the benzene remand, the Agency
will set priorities for assessing-other benzene source categories
and for publication of other NESHAP that have been delayed
pending resolution of issues raised by the vinyl chloride ruling.
o Asbestos - Work on the asbestos NESHAP revision has
been delayed pending a decision on how to implement the court's
ruling on vinyl chloride. Because of this delay, the asbestos
revision has been split into two separate rules: (1) an
accelerated rule which will address needed corrections to the
standard to improve enforceability, and (2) a comprehensive
rule revision that will deal with changes in the stringency of
the standard and the public health issues raised by the vinyl
chloride remand. The accelerated rule was proposed in January
1989.5
o Chromium - During 1988, NESHAP development continued
for chromium emissions from electroplating and industrial cooling
towers. A proposed regulation to prohibit the use of chromium
in comfort cooling towers was published under the authority of
the Toxic Substances Control Act. Other chromium sources
still under consideration for NESHAP include utility boilers,
industrial boilers, chromium chemical manufacturing, steel
production, refractory manufacturing, sewage sludge incinerators,
municipal incinerators, cement manufacturing, chromite ore
refining, and ferrochromium production.
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o Coke oven emissions - A proposed NESHAP for coke oven
emissions was published in 1987. A supplemental proposal will be
required to reevaluate the proposed standard consistent with the
court decision on vinyl chloride. The supplemental proposal has
been delayed pending resolution of the benzene remand.
o Ethy1ene Oxide - Work on a NESHAP for commercial
sterilization chambers was delayed in 1988 pending resolution of
the benzene remand.
o Hazardous Organic NESHAP (HON) - The HON is an
integrated NESHAP development effort that will cover eight
organic compounds (ethylene oxide, methylene chloride, ethylene
dichloride, perchloroethylene, trichloroethylene, butadiene,
chloroform, and carbon tetrachloride) for which an intent to
list under either section 112 of the Clean Air Act or section
4(f) of the Toxics Substances Control Act has been published.
The HON will cover 13 source categories in the organic chemicals
industry. Work on a proposed rule was delayed in 1988 pending
resolution of the benzene remand.
o Perchloroethvlene - A decision to propose a NESHAP
for control of perchloroethylene emissions from drycleaning
industry sources resulted from an EPA precedent-setting effort
to integrate cross-media analyses of health and environmental
exposure risks associated with chlorinated solvents. This
analysis was conducted as part of an Interagency Chlorinated
Solvents investigation in which EPA decided to first look at
the total risk potential and then to consider what regulatory
controls would be appropriate and under what statutory authority.
The EPA is proceeding with development of a NESHAP for control
of perchloroethylene emissions from drycleaning industry sources;
however, work was delayed in 1988 pending resolution of the
benzene remand.
o Radionuclides - EPA voluntarily remanded all
radionuclide NESHAP and in 1988, continued working to repropose
regulatory decisions for 12 source categories: Nuclear Regula-
tory Commission (NRC)-licenses, Department of Energy (DOE)
facilities, radon emissions from DOE facilities, high-level waste
facilities, uranium fuel cycle facilities, elemental phosphorus
plants, coal fired boilers, underground uranium mines, open pit
uranium mines, phosphogypsum piles, active mill tailing piles and
disposed mill tailings. The EPA, in the past, decided not to
promulgate NESHAP for high-level waste facilities, uranium fuel
cycle facilities, or open pit uranium mines. As part of the
repromulgation process, EPA will reconsider whether NESHAP are
necessary for all or some of these source categories.
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o So J. vent Dear easing -- The Inter agency Chlorinated
Solvents investigation (see above discussion of perchloroethylene
activities) led to a decision to develop a NESHAP for solvent
decreasing equipment. The NESHAP will address emissions of
perchloroethylene, trichloroethylene, and methylene chloride.
Work on the proposal was delayed in 1988 pending resolution of
the benzene remand.
o Cadmium - Decisions on which source categories of
cadmium warrant regulation were still under consideration in
1988. The categories under consideration are primary cadmium
smelters, lead smelters, copper smelters, pigments manufacturing,
stabilizers manufacturing, and zinc and zinc oxides production.
o Municipal Waste Combustors - Work continued in 1988
on a rule to regulate emissions from new and modified municipal
waste combustion (MWC) units using new source performance
standards. Pollutants to be regulated will include one or more
designated pollutants (pollutants not regulated under Sections
108-110 or 112) thus invoking Section lll(d) of the Clean Air
Act which will require States to develop additional emissions
standards for existing MWC units.
o Municipal Landfills - Work continued in 1988 on
a rule to regulate emissions from new and modified municipal
landfills using new source performance standards. As in the case
of municipal waste combustors, pollutants to be regulated will
include one or more designated pollutants thus invoking Section
lll(d) of the Clean Air Act. Section lll(d) will require States
to develop emission standards for existing landfills. Pollutants
of concern include volatile organic compounds and a number of
toxic compounds (e.g. methylene chloride, vinyl chloride, and
benzene).
2. Hazardous Waste Treatment. Storage, and Disposal
Facilities (TSDF)
In November 1984, the Resource Conservation and Recovery
Act (RCRA) was reauthorized. Section 3004(n) of the reauthori-
zation states that the Administrator of EPA promulgate such
regulations for the monitoring and control of air emissions at
hazardous waste TSDF's as may be necessary to protect human
health and the environment. Air emission sources of concern
include surface impoundments, landfills, land treatment units,
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waste piles, wastewater treatment systems, pretreatment units,
and transfer, storage and handling operations. The number of
TSDF facilities in the United States is currently estimated at
over 5000.
Preliminary assessments of the industry show that emissions
to the air from TSDF's may pose significant health and environ-
mental risks. Emissions of volatile organic compounds (VOC's),
which lead to ozone formation, may be as high as 10 percent of
total nationwide VOC emissions. In addition, cancer incidence
from toxic compounds is estimated at about 140 cases per year.
There is a great deal of uncertainty in these estimates, and a
better understanding will be gained over the course of the
regulatory development process.
Current EPA plans call for development of TSDF regulations
in three phases:
o The first group of standards addresses sources for
which EPA can develop standards relatively quickly because
similar sources have already been regulated under the Clean Air
Act. These standards address air emission vent and fugitive
emissions from some of the treatment devices that will be used to
meet the RCRA land disposal restrictions. The standards were
proposed in 1987 and are scheduled to be promulgated in 1989.
o The second group of standards, which addresses the
bulk of the TSDF sources, is scheduled for proposal in 1989.
Regulations will cover organic emissions from storage tanks,
treatment tanks, containers, and surface impoundments.
o The third group of regulations will be developed as
necessary to address specific toxics that may not be addressed
adequately by the first two groups of standards. These
regulations are scheduled to be proposed along with the
promulgation of the second group of standards.
Rules for additional TSDF units may be needed in the future
as hazardous waste technology evolves and new emission sources
become evident.
D. MOBILE SOURCES
(Mobile source activities related to air toxics are
described in Chapter IX of this report.)
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E. SPECIFIC POINT SOURCES
In 1988, EPA continued to pursue that portion of its overall
air toxics strategy that provides State and local air pollution
control agencies with funding and technical support to evaluate
specific point sources. Sources that are candidates for this
program include those that have been identified through the
Federal toxic air pollutant assessment program as well as those
selected by State and local air pollution control agencies. This
program was initiated in 1984 with a pilot program involving
sources which emit the chemical acrylonitrile, a carcinogen for
which the public health risks are limited and which is emitted
in significant amounts from only a few industrial facilities.
Evaluations involving all 26 acrylonitrile facilities in 14
States were completed and the reports were accepted by the
appropriate State and local agencies. Additional control was
achieved at 15 of the 26 facilities, with total acrylonitrile
emissions being reduced by 50 percent after all controls were
implemented. In addition, maximum risk to the most exposed
individual was reduced by 60 percent, and the predicted cancer
incidence decreased by 66 percent.
Since 1986, EPA has been provided funding for 48 State and
local agency evaluations of potential high risk point sources in
a variety of source categories. Of the 48, 17 were funded in
1988. This program has proceeded like the one for acrylonitrile,
but in a less formal way. In selecting facilities for inclusion
in this program, a variety of factors are considered, including
the magnitude of the perceived risk from the source, the benefits
of air toxics program development within the State or local
agency, the need for supplemental resources, the potential for
overlap with other control programs, and the national utility of
the reported findings. Preference is given to selecting faci-
lities identified by State and local agencies. Preliminary
results are encouraging. Emission reductions have occurred or
are likely in about half the situations which have been evaluated
and the technical and program capabilities have been enhanced
significantly in those State and local agencies participating
in this activity.
Additional guidance is under development to provide States
and local agencies some advice on how to identify and evaluate
high risk point sources. The guidance will incorporate knowledge
gained from the acrylonitrile efforts and the additional source
evaluations begun in 1987 and 1988. State and local agencies are
encouraged to screen a reasonable number of candidate high risk
point sources in order to take appropriate follow-up action.
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F. ASSESSING URBAN RISK
In 1986, EPA initiated a program under the Agency's Air
Toxics Strategy to encourage States to undertake new efforts
toward assessing the scope and seriousness of current exposures
to mixtures of air toxic compounds which are believed commonplace
in large metropolitan areas. The EPA provided funds under
section 105 of the Clean Air Act and technical assistance to
States to encourage them to undertake such assessment efforts
in a number of areas. State-initiated efforts included ambient
monitoring, source/emission inventory analyses, and risk assess-
ment activities to help determine whether such problems indeed
exist and, if so, how serious they are. In 1988, funding was
continued to support urban air toxics assessments. In addition,
technical reports were developed by EPA and distributed to assist
State and local agencies estimate the air toxics emissions from
various sources, to provide additional assistance and documen-
tation of the existence and magnitude of the problem, and to
encourage State and local agencies to undertake assessment and
mitigation activities. A monitoring program managed by EPA but
funded by state and local agencies was continued. A to.tal of
nineteen air quality monitoring sites for air toxics were made
possible through this program in 1988. Other tools were also
made available, such as computerized data analysis systems,
and compilations of emission factors and questionnaires.
Activity on two Integrated Environmental Management Projects
(IEMP) was also continued in 1988. These projects in Denver and
the Kanawha Valley, West Virginia, focus on the air toxics
aspects of the urban environment. Studies such as these, and
separate efforts in areas such as Staten Island, New York, will
provide further data with which to evaluate urban environmental
problems. Such work is expected to result in a determination of
what mitigation activities might be warranted and feasible. A
large local program was also completed in the Los Angeles,
California area. It is now focusing on control measures that
would be possible there, having completed their assessment
studies. Such control measures could also assist in a positive
way in reducing the ozone problem.
G. BUILDING STATE AND LOCAL AIR TOXICS CONTROL PROGRAMS
The EPA has established a goal to establish in every State
and major local agency quality air toxics programs that are
adequate to carry out certain roles envisioned within the
national air toxics strategy. These roles are: (1) accepting
delegation and enforcing NESHAP, (2) identifying, evaluating,
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and mitigating (as necessary) point sources of local concern not
addressed by NESHAP, (3) addressing urban problems arising from
complex multisource, multipoHutant interactions, and (4)
enhancing program capabilities to conduct applicable activities
in the first three areas and to facilitate implementation of
other programs specific to the needs of each State or community.
During 1988, progress was made toward meeting this goal.
EPA's program to enhance State and local program development
uses available grant funds to promote multiyear planning on the
part of State and local agencies and subsequent implementation
of these plans for building their air toxics capabilities and
programs. Within a multiyear development plan, State and local
agencies were encouraged to develop and implement activities
related to EPA's national strategy. The EPA has now received 71
multiyear development plans from 49 States and 22 local agencies.
The major emphasis of the current State and local plans varies.
Most, however, focus on development of toxic emissions inven-
tories and modifying existing new source review permit systems
to incorporate consideration of air toxic concerns. More that
60 agencies have programs to review new sources for air toxics
by regulations or policy. Approximately 20 agencies address one
or more existing source categories of air toxics and a number of
agencies are currently working on more comprehensive regulations.
In all, the amount of State and local program development has
about doubled since 1983.
To assist in implementation of multiyear development plan
activities, EPA continued its program of technical support in
1988. EPA developed and distributed several technical documents
for assisting State and local agencies in estimating air toxics
emissions. A series of documents on locating and estimating
emissions of various air toxic pollutants (or sources) now covers
17 different pollutants or source categories with the release of
reports on benzene and toxic emissions from storage tanks in
1988. Emission documents on municipal incinerators, perchloro-
ethylene and trichloroethylene, chromium (update), and metals
from combustion sources are now in final peer review and will be
distributed in 1989. A preliminary compilation of toxic air
pollutant emission factors was distributed in 1987 and was
greatly expanded, improved, and released in 1988. Other docu-
ments designed to assist State and local agencies, including a
guide for associating source categories with various potentially
toxic pollutants and a compilation of air toxics questionnaires,
were also released in 1988. As explained in Chapter VII, EPA's
Control Technology Center (CTC) continued full operation in 1988
v-a
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and activities of the National Air Toxics Information Clearing-
house were also continued. The Air Risk Information Support
Center, as explained below, became operational and began pro-
viding information on air toxics risk information. A series of
national workshops on three topics were conducted to assist State
and local agencies in program development and implementation.
The three subject areas were (1) air toxics modeling, (2)
hospital waste incinerators and ethylene oxide sterilizers, and
(3) air toxics control technology/permitting. These workshops
were conducted by EPA in conjunction with the State and Terri-
torial Air Pollution Program Administrators (STAPPA) and the
Association of Local Air Pollution Control Officials (ALAPCO).
The workshops were well attended and were cited by State and
local agencies as a successful example of how they were able to
work cooperatively with EPA. Finally, EPA has established a
strong working relationship with State and local agencies,
principally with representatives of STAPPA/ALAPCO, which has
been extremely valuable in determining outstanding State and
local policy and technical needs in implementing the national
air toxics strategy. As a result of this relationship, several
joint projects are currently underway. In addition to cospon-
soring specialty air toxics workshops in 1988, EPA is working
with STAPPA/ALAPCO to develop specific guidance materials and
to document progress and status of State and local air toxics
programs.
In 1988, EPA initiated a new mechanism for assisting State
and local agencies, the Air Risk Information Support Center
(Air RISC). As State and local agencies implement programs for
the control of toxic air pollutants, they are faced with the
need to evaluate many pollutants and source types. The Air RISC
supports the development and implementation of state and local
programs by providing technical guidance and information relative
to health, exposure, and risk analysis. The Air RISC provides
three levels of assistance to State and local agencies and EPA
Regional Offices:
1. Hotline. The Air RISC Hotline provides initial quick
response based upon available health and exposure data and the
expertise of EPA and its contractors. The Air RISC opened the
Hotline in March 1988, and responded to over 400 calls in 1988.
2. Detailed Technical Assistance. In some cases, an in-
depth evaluation and/or retrieval of information may be more
appropriate than a rapid response. Detailed technical assistance
projects were initiated in 1988 on the health effects of open
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burning of tires, and on the mutagenicity of emissions from
burning of agricultural plastics. These products will be
available in 1989.
3. General Technical Guidance. The third level of
assistance offered by Air RISC addresses topics involving health,
exposure, and risk assessment issues that have broad national
interest. Projects initiated in 1988 included a glossary of
terms related to health, exposure, and risk assessment and a
directory of information sources. These products will be
available in early 1989. In addition, planning was begun for a
series of workshops on risk assessment and risk communication
which will be offered to State and local agency personnel in
mid-1989.
In 1988, EPA continued to operate and improve the National
Air Toxics Information Clearinghouse (NATICH). The most
significant improvement was the addition of facility specific
information on air toxics emissions, exposure and cancer risks
developed by the Federal air toxics program. Data on over 3500
facilities are now included in this data file. Other changes
to the database include the ability to better characterize the
dynamic nature of the development of State and local air toxics
programs. Established in 1983, the Clearinghouse provides a
tangible method of improving communication among EPA and State
and local agencies. The Clearinghouse is funded by EPA and is
a cooperative effort among EPA, STAPPA and ALAPCO. The goal of
the Clearinghouse is to disseminate information about activities
underway to solve toxic air pollutant problems and to reduce
duplication of effort. Some of the kinds of information included
in the Clearinghouse are: (1) regulatory program activities
including the status and scope of air toxics control programs and
state-adopted acceptable ambient levels; (2) source permit data,
-including the number of air toxics permits issued by an agency,
site-specific permit data, pollutant-specific emission limits,
and required control technology; (3) source test data, including
quantities of pollutants emitted from specific sites and sampling
and analytical techniques used; (4) ambient monitoring methods in
use; (5) bibliographic citations for reports and Federal_Register
notices related to air toxics; (6) ongoing research and regula-
tory development activity descriptions; (7) emissions inventory
information; and (8) selected EPA risk assessment results. With
the implementation of the NATICH data base, the Clearinghouse
users (e.g., State and local air quality management agencies,
EPA, industry, environmental groups, and the public) may now
have direct access to the Clearinghouse information through
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interactive programs. In addition to direct computer access to
the data base, hardcopy reports'' ' of the data base information
are printed and distributed annually. Other Clearinghouse publi-
cations distributed in 1988 include six issues of the Newsletter
and a special report on risk communication . Plans for 1989
include continuation of the prior publications, publication of a
special report streamlining the on-line data base, and assessing
the feasibility and possibly implementing a linkage between the
NATICH database and the toxic release inventory system (TRIS)
developed from the superfund section 313 data on community right
to know.
H. REFERENCES
1. "A Strategy to Reduce Risks to Public Health from Air
Toxics," June 1985.
2. 53 FR 9138, March 21, 1988.
3. Hospital Waste Combustion Study; Data Gathering Phase, EPA-
450/3-88-017, December 1988.
4. 53 FR 28496, July 28, 1988.
5. 54 FR 912, January 10, 1989; 54 FR 4941, January 31, 1989.
6. 53 FR 10206, March 29, 1988.
7. Ongoing Research and Development Projects. EPA 450/5-88-004,
July 1988.
8. Bibliography of Selected Reports and Federal Register Notices
Related to Air Toxics. Volume 2: Citations, EPA 450/5-88-005,
July 1988.
9. Bibliography of Selected Reports and Federal Register Notices
Related to Air Toxics. Index 1988. EPA 450/5-88-007, July 1988.
10. NATICH Data Base Report on State. Local, and EPA Air Toxics
Activities. EPA 450/5-88-007, July 1988.
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VI. STATUS OF AIR QUALITY MANAGEMENT PROGRAMS
A. POST-1987 OZONE/CARBON MONOXIDE IMPLEMENTATION ISSUES
1. Post-1987 Ozone/Carbon Monoxide (CO) Policy
The Clean Air Act (CAA), as amended in 1970, was based on
three important premises. The first was that EPA could set
standards for ambient air quality at a level that, if achieved,
would protect the public health with an adequate margin of
safety. The second premise was that State and local governments
could develop State implementation plans (SIP'S) that would show
how areas could meet these standards over a three to five year
time period. The third premise was that these plans, if carried
out, would in fact produce the expected result of attaining the
national ambient air quality standards (NAAQS).
For two widespread air pollutants, ozone and CO, the last
two of these premises have not been realized in practice since
the passage of the 1970 Clean Air Act. In 1977, Congress amended
the attainment deadlines to allow areas until 1982 or, under
certain conditions, 1987 to attain the ozone and CO standards.
However, it became clear as early as 1985 that many areas would
fall short of attainment. Current data now show that the earlier
fears were well founded. According to air quality data through
1987, 66 areas failed to attain the ozone standard, and 50 areas
failed to attain the CO standard.
To remedy this situation, EPA developed a proposed policy
on how to treat areas which had not attained the ozone and CO
standards by the 1987 deadline. EPA's proposed policy was pub-
lished in the Federal Register on November 24, 1987, and work
to complete the policy continued through 1988. One of the key
provisions of the proposed policy is that all States fully
implement all previously required control measures, eliminating
any deficiencies or deviations that may have existed. Another
provision is that areas be allowed flexible attainment deadlines
depending upon the severity of the problem as opposed to a single
fixed attainment date for all areas. A third provision of the
proposed policy is to require areas that cannot demonstrate
attainment of ozone or CO air quality standards within 3-5 years
to achieve minimum annual emission reductions of 3 percent beyond
those achieved through federally-implemented measures such as the
Federal Motor Vehicle Control Program. Finally, the proposed
policy also requires that controls in expanded geographic areas
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be considered in planning for attainment of air quality standards
since sources located outside of current nonattainment areas
often contribute significantly to nonattainment problems.
2. Mitchell-Conte Amendment
Because of concerns that EPA might act to impose sanctions
on States for nonattainment of air quality standards and uncer-
tainty whether the Clean Air Act required EPA to do so, Congress
enacted the Mitchell-Conte Amendment to the Budget Reconciliation
Act of 1987 which postponed EPA implementation of nonattainment
sanctions until August 31, 1988. It also required EPA to "take
appropriate steps" to issue new nonattainment designations, which
would retrigger the planning and sanctions process under the
current law. When the Mitchell-Conte deferral of sanctions
expired, construction sanctions were imposed in Los Angeles,
CA; Ventura Co., CA; Sacramento, CA; and both the Illinois and
Indiana portions of the Chicago metropolitan area as a result of
litigation against EPA. The construction moratorium in these
areas applies to major VOC sources plus major CO sources in
Los Angeles. These areas were some of the ones for which EPA
proposed sanctions in a Federal Register notice dated July 14;
1987. The EPA intends to take final action on the other areas •
named in this notice shortly after publication of the final
ozone/CO policy.
3. Federal Implementation Plans (FIP's)
The Clean Air Act requires EPA to develop FIP's when a State
fails to submit a SIP, if the SIP is inadequate, or if the State
fails to revise its SIP when required to EPA to do so. In 1988,
because of litigation by interested parties, EPA was working on
FIP's in several areas. These areas include the South Coast Air
Basin (Los Angeles, CA); Ventura County, CA; Sacramento, CA; and
Chicago, IL (including the Indiana portion of the Chicago
metropolitan area) .
4. EPAVS May 1988 SIP Calls
»
Section llO(a)(2)(H) of the Clean Air Act allows EPA to
notify a State whenever the SIP is deemed "substantially
inadequate" to provide for attainment of the NAAQS. On May 26,
1988, and subsequently, the EPA Regional Administrators sent
letters to the Governors of 42 states and the Mayor of the
District of Columbia notifying them that their air pollution
control plans for achieving the ozone and/or CO standards were
found to be substantially inadequate and that revisions were
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necessary. The inadequacy of the SIPs was based upon failure to
attain these standards by December 31, 1987, as specified in the
CAA and was based upon ozone and CO air quality data through
1987. The EPA believes that, even before the final post-1987
ozone/CO policy is issued, the states should initiate certain
fundamental activities so that they can continue to make progress
towards attaining the ozone and CO air quality standards. The
States will be required to correct discrepancies between EPA's
guidance and the earlier approved SIPs, to satisfy any unimple-
mented commitments in the SIP to adopt control measures, and to
begin updating the base-year emissions inventory for the defined
planning area. In general, the States have approximately one
year to complete this effort. EPA is also calling upon some
areas to commit to a schedule of monitoring for nonmethane
organic compounds (NMOC's). The complete response to the SIP
call will, in most cases, await promulgation of EPA's final
policy on post-1987 ozone/CO nonattainment. At that time,
states will be expected to complete development of a SIP that
will lead to attainment and maintenance of the NAAQS throughout
the expanded nonattainment planning area. The current schedule
is for States to submit draft emissions inventories to EPA by
October 1989. Revised stationary source volatile organic com-
pounds (VOC) regulations which correct earlier deficiencies or
commitments are due to EPA in the summer of 1989.
B. VOC RACT CLEARINGHOUSE
Since 1984, EPA has published a clearinghouse newsletter on
matters relating to reasonably available control technology
(RACT) for VOC's. For 1988, the EPA clearinghouse published
information covering a number of items including the following
topics:
Automobile topcoat protocol
Fiberglass fabrication control strategies
Emission inventories for post-1987 ozone SIP's
New ozone/carbon monoxide clean air initiatives
Guidance on miscellaneous VOC issues
In addition, an updated subject and title index for
information published in the VOC RACT clearinghouse was issued in
1988.
In order to make State and local air pollution control
officials aware of the VOC regulations across all ozone
nonattainment areas, a document entitled "Summary of State VOC
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Regulations—Volume 2, Group III CTG and Greater than 100 Ton Per
Year non-CTG VOC Regulations," was published by EPA in May 1988
and listed in the National Technical Information Service (NTIS).
C. PARTICIPATE MATTER IMPLEMENTATION POLICY AND GUIDANCE
The EPA published revised implementation regulations and
guidance for particulate matter on July 1, 1987 in conjunction
with revisions to the national ambient air quality standards
(NAAQS) for particulate matter (PMlf)). As States began revising
their particulate matter SIP's, it became apparent that some
areas with sources which are very difficult to control or those
sources whose controls would be potentially disruptive to present
lifestyles would not be able to attain the standards in three to
five years, as required by the Clean Air Act. Therefore, in
1988, EPA developed a long-term nonattainment policy to provide
general guidance for reviewing those SIP's which will not be able
to persuasively demonstrate attainment of the NAAQS within three
to five years. Under the policy, EPA will: (i) approve a SIP
revision which meets all its requirements, including demon-
strating attainment of the PM,Q standards in 3 to 5 years; (2)
disapprove SIP revisions which do not provide a persuasive
demonstration of attainment of the PMjA standards in three to
five years and do not include reasonable control measures; and
(3) take action on a case-by-case basis for those SIP's which
cannot demonstrate attainment in three to five years but which
adopt all reasonable control measures.
In addition, EPA began developing policies in 1988 for
addressing attainment issues for specific particulate matter
source categories. The first in a series of guidance documents
on the control of open fugitive dust sources was issued. Deve-
lopment of a similar document for residential wood combustion
was begun and work began with the American Lung Association to
develop methods for improving communication with the general
public on the need to reduce emissions from residential wood
combustion.
On July 1, 1987, EPA solicited comments on alternative SIP
requirements for rural fugitive dust areas and on the adequacy of
the criteria used to identify such areas. In 1988, EPA formed
an interagency work group to address the issues related to
revising the rural fugitive dust policy as it pertains to PM,Q.
The work group made progress toward defining the criteria for a
rural fugitive dust area and identifying control requirements
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appropriate for these areas. In addition, an analysis of the
cost of attaining the PM10 NAAQS was initiated for three example
rural areas which are heavily impacted by fugitive dust.
The EPA's PM10 implementation regulations do not require
States to develop a full attainment demonstration and control
strategy for every area of the country. An analysis of ambient
particulate matter data for 1984-1986 indicated that less than 5
percent of the 3141 counties in the United States may have PM10
concentrations above the NAAQS. Consequently, EPA placed all
areas of the country into one of three groups to prioritize the
review and revision of existing SIP requirements for particulate
matter. The grouping was based upon the probability of violating
the PM1Q air quality standards. Group I areas are those having a
very high probability of violating the PM^ standards. Group II
areas have a moderate probability of violating the standards, and
Group III areas are those EPA believes are already attaining and
can maintain the standards. A listing of Group I and II areas
was published in the Federal Register on August 7, 1987. Any
area of a State not listed as Group I or II was considered to be
in Group III. Each group had specific SIP requirements. States
are expected to submit complete SIP'S including control stra-
tegies to attain the PMjn standards in Group I areas. In Group
II areas, states are to intensively monitor PM1Q until they
have 3 years of data that demonstrate the area is attaining the
standards or until the standards are shown to be violated. For
Group III areas, which in some cases encompass the entire State,
general SIP revisions which are applicable statewide may be
necessary to implement the PM1Q NAAQS. The States are required
to identify the existing PM control strategy applicable to the
Group III areas. This control strategy will be presumed to be
adequate to maintain the standards until EPA is shown evidence
to the contrary.
In order to meet its responsibility to oversee implemen-
tation of the PM^n NAAQS, EPA requested that states submit PM10
SIP development plans. The plans include schedules for com-
pleting milestones in the SIP development process. To manage
the PMiQ implementation program, EPA is tracking State progress
in meeting the milestones. Completed SIP's were submitted for
two Group I areas by the end of 1988 and draft SIP's were sub-
mitted for 20 additional areas. A total of 59 Group I areas were
identified initially. Final SIP's for most of the remaining 57
areas are scheduled to be completed and submitted to EPA during
1989, however, SIP's for some areas requiring complex control
strategies will not be completed until 1990 or 1991. SIP's for
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the 112 Group II areas, which have a moderate probability of
violating the PM10 standards, initially are commitments by the
States to monitor ambient PM1Q concentrations in the area, report
any exceedances of the NAAQS, and to revise the control strategy
as necessary to attain and maintain the PM^ standards. Final
SIP's for 95 of the 112 areas were submitted in 1988. The
remaining SIP's for Group II areas will be completed in 1989.
There are 56 Group III areas which include 50 States and 6
territories. Revisions to State regulations which facilitate
implementation of the PM1Q NAAQS are required for Group III
areas. Such revisions were completed by 18 states and the
territory of Puerto Rico in 1988. Draft SIP revisions have been
submitted to EPA for 13 additional States. Final SIP's for most
of the remaining 38 Group III areas are scheduled to be completed
during 1989.
To assist States in developing revised control strategies
for PM-jn, EPA issued a guideline document in September 1988
entitled "Control of Open Fugitive Dust Sources." Two workshops
were held in December to discuss alternative fugitive dust con-
trol strategies with State/local agency personnel. Control of
urban sources of fugitive dust such as paved and unpaved roads,
storage piles, and construction/demolition activities were
discussed.
In addition, the EPA cosponsored a specialty conference with
the Air Pollution Control Association on implementation of the
PM,Q standards. The conference was held in February 1988, in
San Francisco, California, and was attended by approximately 400
persons representing environmental groups, industry, and Federal,
State, and local government regulatory agencies. Over 50 papers
discussing various issues related to implementing the PM1Q NAAQS
were presented during the 3-day conference.
D. VISIBILITY PROTECTION IN FEDERAL CLASS I AREAS
On December 2, 1980, EPA promulgated regulations to
implement section 169A of the Clean Air Act. These regulations
required 35 States and one Territory to develop SIP's to make
progress toward meeting the national goal of remedying existing
and preventing future visibility impairment in certain national
parks, monuments, and wildernesses (i.e., Class I prevention of
significant deterioration (PSD) areas). By December 1982, only
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one State had submitted such a SIP to EPA. Therefore, the
Environmental Defense Fund, et al., sued EPA to force the
development of the SIP's or Federal promulgation of the required
plans. In April 1984, the court approved a settlement agreement
which required EPA to implement a phased program to promulgate
Federal implementation plans (FIP's) for delinquent States. In
a series of actions starting in July 1985 and ending in 1986,
EPA promulgated FIP»s for new source review and monitoring. To
implement the monitoring program, EPA, the National Park Service
(NFS), the Bureau of Land Management, the Fish and Wildlife
Service, and the U.S. Forest Service established the IMPROVE
(Interagency Monitoring of Protected Visual Environments)
network. Since many of the Class I areas are national parks
or monuments, NFS accepted the responsibility for operating
the network and has provided the major funding for it since
its inception in 1987. Under an agreement with NPS, EPA has
contributed approximately one third of the annual costs of the
network using funds withheld from those appropriated under
section 105 of the Clean Air Act. Implementation of the planned
network continued during 1987 and 1988, and all sites will be
operational during 1989.
On November 24, 1987, EPA promulgated the second part of
the FIP's dealing with integral vista protection and long-term
strategies. On September 15, 1988, EPA proposed to find that
controls were not necessary to remedy plume blight type impair-
ment in four Class I areas. The EPA expects to take final
action on that finding in 1989.
The last action under the settlement agreement is to address
plume blight type impairment in three areas. The EPA must
propose its action by August 31, 1989 and complete its action
by May 1990. Such action may require the installation of best
available retrofit technology on two sources.
E. TALL STACKS AND OTHER DISPERSION TECHNIQUES
The EPA issued regulations in 1982 restricting the use of
tall stacks and other dispersion techniques which otherwise might
be used to avoid constant emission controls. These regulations
implement section 123 of the 1977 Clean Air Act Amendments. The
1982 regulations were challenged in court and portions were
reversed or remanded to the Agency. Revised regulations were
published in 1985. Portions of the 1985 regulations were
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subsequently challenged in petitions for administrative recon-
sideration and for review by the U.S. Court of Appeals for the
D.C. Circuit.
Petitions for reconsideration which dealt with a specific
source were denied in April 1986. Responses to several other
petitions were deferred pending judicial review of the regula-
tions. In January 1988, the U.S. Court of Appeals issued its
opinion upholding the 1985 regulations except for three pro-
visions, which were remanded for further consideration and
rulemaking. No further action on the remaining petitions is
considered necessary at this time because the court decision
has disposed of most issues, and EPA's rulemaking response to
the remand is expected to address the remaining issues.
In March 1988, five petitions for rehearing were filed with
the U.S. Court of Appeals, but were denied in April 1988. In
June and July 1988, several industrial petitioners sought review
by the U.S. Supreme Court of the Court of Appeals decision. In
October 1988, the U.S. Supreme Court declined to review the case.
The EPA is currently preparing its proposed response to the court
remand.
F. STATE IMPLEMENTATION PLANS FOR LEAD
In July 1982, the Natural Resources Defense Council (NRDC)
filed suit to require EPA to approve, or disapprove and promul-
gate, SIP's for the lead ambient air quality standard for States
that did not submit adequate plans. The EPA negotiated a sett-
lement with NRDC giving States and EPA additional time for
completing the SIP's.
In 1988, EPA approved SIP'S for lead for the following five
States: Minnesota (new source review); Indiana; ASARCO, El Paso,
Texas; ILCO, Jefferson County, Alabama; and RSR Quemetco, Marion
County, Indiana. At the end of 1988 the only lead SIP still
outstanding was for Hammond Lead-Halox Division, Hammond,
Indiana, which is scheduled for completion in 1989.
G. PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW
SOURCE REVIEW ACTIVITIES
The EPA made significant progress in 1988 in carrying out
its responsibilities under the Clean Air Act regarding the
preconstruction review of new and modified stationary sources.
Major 1988 activities are described below.
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PSD Regulations for Nitrogen Oxides
In 1986, the Sierra Club and other environmental groups
filed suit to force EPA to develop PSD regulations for nitrogen
oxides (NCL.) , as required by section 166 of the Clean Air Act.
In April 1987, the court ordered EPA to develop PSD regulations
for NOX on an expedited schedule. Increments for NO2 were
proposed by EPA in February 1988 and final regulations were
promulgated on October 17, 1988. The regulations become
effective one year after promulgation, on October 17, 1989,
as required by the Act. States then have 13 months (until
November 17, 1990) to submit their SIP's for approval or to
accept delegation. Two petitions for reconsideration were
received on the promulgated regulations in 1988, one from the
Environmental Defense Fund and the other from the American
Mining Congress. The EPA plans to take appropriate action
on these petitions in 1989.
PSD Regulations for New PM10 Increments
On July-1, 1987, the EPA adopted final regulations that
revised the NAAQS for particulate matter. With these
revisions, EPA eliminated total suspended particulate (TSP) as
the indicator for the NAAQS and replaced it with a new indicator
that includes only those particles with an aerodynamic diameter
of less than or equal to a nominal 10 micrometers (PM10). Both
the primary and secondary air quality standards were revised,
taking into account the most recent scientific information
available on the health and welfare effects associated with
particulate matter, as well as the change in the ambient indi-
cator for particulate matter. In the same Federal Register,
EPA adopted final rules for the implementation of the revised
standards in SIP's. In these final rules, EPA made amendments
to address the new PM10 indicator as a regulated form of parti-
culate matter under the PSD requirements in 40 CFR Parts 51 and
52. The EPA did not, however, revise the PSD increments for
particulate matter (defined under section 163 of the Act) to
address PM10 at that time, but clarified the existing increments
as TSP-based increments and announced its intention to promulgate
increments based on the new PM10 indicator pursuant to section
166 of the Act.
In August 1987, EPA established a work group to explore
alternative methods for developing new PSD increments. The EPA
believes that the most appropriate course of action is to
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promulgate new PM10 increments which will ultimately replace the
existing TSP increments. This is based on the finding that a
requirement to implement two separate sets of increments for
particulate matter, i.e., TSP and PM1Q, would be burdensome and
unnecessary. The EPA, therefore, is in the process of developing
PM10 increments that are equivalent to the TSP increments, and
which can be used to continue the current PSD program for parti-
culate matter. The current schedule calls for proposed rulemaking
in 1989. Approximately one year later, the final promulgation of
new PM10 increments is expected. In accordance with section 166
of the Act, the PM10 increments will become effective one year
after their promulgation date. States will then have 9 months
to adopt the new increments and submit revised plans to EPA for
approval. Allowing time for EPA approval, States should all have
the new PM10 increments as part of their approved SIP programs by
mid-1992.
Chemical Manufacturers Association v. EPA
As previously reported, the EPA's prevention of significant
deterioration (PSD) and nonattainment new source review regula-
tions have been challenged by a variety of entities. These
challenges were consolidated as Chemical Manufacturers Associa-
tion (CMA) v. EPA. D.C. Cir. No, 79-1112. On February 22, 1982,
EPA entered into a litigation settlement with the industry peti-
tioners in which it agreed to propose certain regulatory changes.
An important part of the settlement agreement was satisfied by
EPA's Federal Register proposal of August 1983. That proposal
addressed the topics of fugitive emissions in new source review
applicability determinations, Federal enforceability of various
emissions reductions, "buffer zones" around Class I areas, review
of secondary emissions, health and welfare equivalence when
netting emissions, and offset credit for past source shutdowns.
During 1988 , EPA worked on developing a final action on a portion
(Exhibit A) of the CMA suit. Publication of the final action on
Exhibit A is planned for 1989 and publication on final action on
the second portion of the CMA suit (Exhibit B) is planned for
1990.
In an August 7, 1980 promulgation, EPA listed 30 source
categories for which fugitive emissions would be included in PSD
applicability determinations. Surface mining operations were
not among these. The Sierra Club sued EPA on this point and on
August 26, 1983, the D.C. Circuit Court of Appeals remanded this
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matter to the EPA for explanation of its position. In October
1984, EPA published final action on this issue, reaffirming its
current requirements for the inclusion of fugitive emissions
in calculating whether a source is "major" for purposes of new
source review. The EPA further proposed to extend the re-
quirement for inclusion of fugitive emissions to surface coal
mining operations. The Department of the Interior (DOI)
subsequently provided comments and other information which
support the regulation of fugitive dust emissions under the
Surface Mining Control and Reclamation Act (SMCRA) and other
available DOI authorities. The EPA is currently preparing a
final rulemaking action which considers DOI's authorities.
yew Source Review Task Force
In 1986, EPA formed a special Task Force on New Source
Review. The principal purpose in organizing this task force was
to address growing concerns about the consistency and certainty
of permits issued under the Clean Air Act's new source review
(NSR) programs. The task force identified specific measures to
ensure that delegated permitting agencies have the knowledge and
skills necessary to correctly implement the NSR programs and to
provide EPA with adequate information to assure that the techno-
logy and other program requirements are implemented consistent
with Clean Air Act requirements. In 1987, based on the task
force findings and recommendations, EPA commenced a long range
plan to improve the timeliness, certainty, and effectiveness of
the NSR permit process. As a result, EPA plans to implement a
program of national NSR workshops in 1989 and 1990 to deliver
updated training materials and guidance.
H. SIP PROCESSING
Prompted by concern for SIP processing delays and the
negative effect of these delays on EPA's relationship with State
and local control agencies, EPA established a task group to
identify problems in, and recommend changes to, the SIP review
process. The recommendations of the task group are described
in the report entitled "Final Report of the Task Group on SIP
Processing" dated October 1987. The task group identified two
basic problems with the current approach to SIP review: (1)
excessive review of SIP packages, and (2) uncertainty regarding
the outcome of EPA review. The EPA initiated a program to
improve the process of SIP review based upon the recommendations
of the task group. An intra-Agency task force was formed to
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implement the recommendations contained in the task group report.
As a result of the recommendations and implementation discus-
sions, EPA undertook two actions in 1988 to improve the general
SIP review process.
Guidance on "completeness criteria" was issued on March 18,
1988 to the EPA Regional Offices. The objective of this guidance
is to ensure that SIP packages submitted by the State are com-
plete from the perspective of EPA review. SIP processing will
be expedited by having complete packages submitted and the EPA
Regional Offices not having to request additional information
from the state to determine whether the revision is approvable.
In a second action, EPA issued a policy on June 27, 1988
permitting the grandfathering of certain SIP actions from meeting
the requirements of recently issued EPA policies. Where approval
of such action has no significant or lasting environmental
impact, grandfathering the action may better serve EPA-State
relations and avoid additional, but unnecessary, work by the
States.
I. NATIONAL AIR AUDIT SYSTEM
The National Air Audit System (NAAS) was developed in 1983
as a joint effort by EPA, the State and Territorial Air Pollution
Program Administrators, and the Association of Local Air Pollu-
tion Control Officials. The primary goals of the NAAS are to
identify any obstacles that are preventing State and local air
pollution control agencies from implementing effective air
quality management programs and to provide EPA with quantitative
information for use in defining more effective and meaningful
national programs. The five air quality management areas of
motor vehicle inspection maintenance, air quality planning and
SIP activities, new source review, compliance assurance, and air
monitoring are included in the NAAS. The EPA Regional Offices
identified 333 priority deficiencies as a result of the fiscal
year 1986-87 audit program. Many of these deficiencies were
corrected in 1988 through the joint efforts of State and local
agencies and the EPA Regional Offices. Through the process of
grant negotiations and EPA/state/local agreements, the remaining
deficiencies will be addressed in future years.
The EPA distributed the audit guidance and protocol for the
fiscal year 1988-89 audit cycle on April 1, 1988 and in fiscal
year 1988, the EPA Regional Offices conducted audits1 in 21 states
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and six local agencies. The EPA originally intended to audit the
remaining 28 States and six local agencies in FY 1989. However,
because of resource constraints and the desire of all affected
parties to restructure the audit process, the FY 1988-89 audit
cycle was extended to FY 1990.
J. AIR POLLUTION TRAINING
In 1988, EPA continued to provide technical training in the
abatement and control of air pollution. This training included
short course presentations (3 to 5 days in length), self-study
courses, technical assistance to others who conduct training,
and the support of traineeships and fellowships for graduate
air pollution training.
During 1988, EPA conducted 31 short courses in 17 different
subject areas for a total of 804 students. These courses were
presented in locations across the U.S. by six universities
designated as area training centers. Technical assistance was
provided to States and EPA Regional Offices for conducting 20
additional courses reaching a total of 495 students.
In support of the delegation of more air quality management
responsibilities to the States, EPA continued emphasis on self-
study courses as a means of providing training to more air
pollution personnel. During 1988, 1947 students applied for
the 30 self-study courses presently available.
As an additional means of developing qualified personnel,
EPA supported 7 graduate traineeships/fellowships to employees of
State and local air pollution control agencies. These awards are
for both part-time and full time graduate study in the field of
air pollution control.
K. REFERENCES .
1. 52 FR 45044, November 24, 1987.
2. 52 FR, Vol 134, July 14, 1987.
3. Summary of State VOC Regulations—Volume 2. Group III CTG
and Greater than 100 Ton Per Year Non-CTG VOC Regulations.
EPA-450/2-88-004, May 1988.
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4. 52 FR 24672, July 1, 1987.
5. 52 FR 24716, July 1, 1987.
6. 52 FR 29303, August 7, 1987.
7. 45 FR 80084, December 2, 1980.
8. 52 FR 45132, November 24, 1987.
9. 53 FR 35956, September 15, 1988,
10. 50 FR 27892, July 8, 1985.
11. 53 FR 40656, October 17, 1988.
12. 52 FR 24634, July 1, 1987.
13. 52 FR 24672, July 1, 1987.
14. 48 FR 38742, August 25, 1983.
15. 45 FR 52676, August 7, 1980.
16. 49 FR 43202, October 26, 1984.
17. 49 FR 43211, October 26, 1984.
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VII. CONTROL OF STATIONARY SOURCE EMISSIONS
A. NEW SOURCE PERFORMANCE STANDARDS (NSPS)
Section 111 of the Clean Air Act requires EPA to regulate
new .stationary sources of air pollution from source categories
which cause, or contribute significantly to, air pollution which
may reasonably be anticipated to endanger public health or wel-
fare. During 1988, NSPS were promulgated under this section
for emissions of volatile organic compounds from magnetic tape
manufacturing , petroleum refinery wastewater systems^, plastic
business machinery , and residential wood combustion. The
existing NSPS for portland cement plants and sewage sludge
incineration were revised.
B. BACT/LAER CLEARINGHOUSE
New or modified facilities that are to be constructed in
areas of the country that are currently attaining the national
ambient air quality standards are required by the Clean Air Act
to install best available control technology (BACT). In those
areas of the country that have not yet achieved compliance with
the air quality standards, new or modified facilities are
required to meet the lowest achievable emission rate (LAER) for
that particular type of source. Both BACT and LAER requirements
are determined on a case-by-case basis. Often an air pollution
control agency will need to establish BACT or LAER requirements
for a source type that is completely new to them or for which
they have had only minimal experience. In these cases, the
permitting agency may not be knowledgeable of the more recent
advances in control technology for such sources and it is
extremely helpful if the agency can refer to BACT or LAER
determinations made by other control agencies.
The EPA established the BACT/LAER Clearinghouse several
years ago in order to assist State and local air pollution
control agencies by promoting the sharing of air pollution
control technology information. The primary output of the
Clearinghouse is an annual report of information about BACT/LAER
determinations made by the various control agencies. The report
published in 1988 contains over 1700 BACT/LAER determinations.
The report is available in hard copy or through an automated
system. The automated data base can be accessed ty both the
public and private sectors.
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C. CONTROL TECHNOLOGY CENTER
The Control Technology Center (CTC) completed its second
full year of operation in 1988. The CTC supports the imple-
mentation of State and local air pollution programs by providing
technical assistance and support on assessing and controlling
emissions from stationary sources. While the major portion of
the CTC's assistance efforts in 1988 was related to air toxics,
the CTC responded to a significant number of requests for vola-
tile organic compounds and other criteria pollutants as well.
The CTC provides three levels of assistance:
1. Hotline
The CTC Hotline provides an initial, rapid response based
on information readily available from EPA staff and contractors.
In 1988, the Hotline responded to more than 900 requests from
State and local agencies. In addition, the Hotline received 285
requests for CTC documents.
2. Engineering Assistance
In some cases, it is appropriate to go beyond the rapid
response level of support and provide more in-depth engineering
assistance. Assistance focuses on specific problems in a parti-
cular state or local agency pertaining to assessment, control, or
enforcement issues. The support may include engineering analysis
and on-site support tailored for each situation. In 1988, the
CTC provided direct engineering assistance to the States of
Florida, West Virginia, Virginia, Connecticut, New York, and
Pennsylvania and to the city of San Diego. In each case, a State
or EPA regional office had requested support in resolving tech-
nical issues involved with regulations development or permitting.
3. Technical Guidance
The third level of support involves programs to transfer
technical information on state-of-the art pollution controls to
State and local agencies. Guidance prepared by the CTC focuses
on current topics of national interest that become apparent
through contact with control agencies through the Hotline and
other means. In 1988, the CTC, in cooperation with the Northeast
States for Coordinated Air Use Management, published an emission
testing protocol for municipal waste combustion. The CTC also
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conducted a series of workshops for State and local agencies on
permitting toxic air pollution sources and in cooperation with
the State of New jersey, published personal computer-based soft-
ware to help evaluate applications for operating permits for air
toxics. Eight other guidance products are under development,
including a training program for operators of hospital waste
incinerators. These products will be available in 1989.
D. REFERENCES
1. 53 FR 38892, October 3, 1988.
2. 53 FR 47611, January 23, 1988.
3. 53 FR 2672, January 29, 1988.
4. 53 FR 5860, February 26, 1988.
5. 53 FR 5354, December 4, 1988.
6. 53 FR 39412, October 6, 1988.
7. BACT/LAER Clearinghouse - A Compilation of Control Technology
Determinations. Third Supplement to 1985 Edition, July 1988.
8. Guidelines for Stack Testing 'at Municipal Waste Combustion
Facilities. EPA-600/8-88-085, NTIS PB88-234-893/AS, June 1988.
9. Tutorial Manual for CAT (Controlling Air Toxics). Version 1.0.
EPA 600/8-88-092, August 1988.
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VIII. STATIONARY SOURCE COMPLIANCE
A. GENERAL
Tlie goal of the Clean Air Act is to protect public health
and welfare and enhance the quality of the nation's air. The
stationary source compliance program is designed to assure
compliance with air emission standards by stationary sources of
air pollution, including such major facilities as power plants,
steel mills, smelters, and refineries. The program is also
concerned with transient sources which may release potentially
hazardous pollution (particularly building demolition and reno-
vation that may release asbestos), and smaller sources which may
contribute in aggregate to serious air pollution (including small
sources of volatile organic matter and woodstoves). In addition
to ensuring compliance with emission limitations contained in
State implementation plans (SIP's), EPA and delegated States are
responsible for ensuring that sources comply with new source
performance standards (NSPS) and national emission standards for
hazardous air pollutants (NESHAP).
The EPA closely monitors the compliance status of about
34,900 stationary sources of air pollution. Approximately 33,500
of these sources are Class A SIP sources*, about 4,600 are NSPS
sources (most of which are also Class A SIP sources), and about
1,100 are NESHAP sources. At the end of 1988, as has been the
case since the late 1970's, the compliance rates were high, as
shown in the table below:
Compliance Status of Federally Tracked Stationary Sources
In Violation;
Compliance Meeting Schedule No Schedule Unknown
Class A SIP 85.7% 1.6% 4.2% 8.5%
NSPS 88.3% 2.0% 5.2% 4.5%
NESHAP. 89.4% 2.5% 5.1% 3.0%
The compliance status of stationary sources is determined
and tracked principally by the States. The States (and EPA) have
the authority to enter and inspect stationary sources in order to
obtain information for determining compliance status or preparing
possible enforcement actions or for other purposes. In 1988, the
States conducted 34,263 inspections and source tests of Class A
SIP, NSPS, and non-transient NESHAP sources. Additionally,
source owners conducted 1,157 State-observed source tests. The
EPA overviews States' compliance monitoring activities and
*A Class A SIP source is a stationary source which, while
operating at design capacity- has actual or potential
uncontrolled emissions equal to or greater than 100 tons per year
of any regulated air pollutant.
VIII-1
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supplements the States' enforcement efforts to resolve violations
of air quality regulations. In 1988, EPA conducted 2,296
inspections and source tests of Class A SIP, NSPS, and NESHAP
sources.
The Clean Air Act provides a variety of administrative
enforcement mechanisms for dealing with both special situations
and relatively easily corrected violations. During 1988, EPA and
States issued immediate compliance orders under section 113(a) of
the Act (or a State equivalent) to 1272 stationary sources. One
delayed compliance order under section 113(d) was issued.
Section 120 of the Act is an administrative remedy designed
to recoup the economic benefit which may come from violating
air pollution control regulations. A total of 119 cases were
initiated under Section 120 or its State equivalent in 1988.
The EPA is also authorized to file civil and criminal
actions in Federal District Court to compel a source to comply
•with applicable requirements, to pay penalties, or both. A
total of 133 Federal and State civil actions were filed in 1988
against stationary sources for violations of the Act. As of
January 1989, a total of 116 such actions were pending with the
U.S. District Courts. Additionally, EPA filed 10 criminal
actions in 1988, all against violators of asbestos emission
standards.
The stationary source compliance program expends a major
effort on the return to compliance of sources considered to be
"significant violators." These sources include those that are
in violation of NESHAP or NSPS regulations and non-compliant
Class A SIP sources which contribute to nonattainment of the
national ambient air quality standards (NAAQS). At the beginning
of fiscal year (FY) 1988 (the period beginning October 1, 1987
and ending September 30, 1988), 880 significant violators had
been identified, 204 of which had already initiated remedial
action. By the end of the year, 728 of these sources had been
addressed as follows: 335 had been returned to compliance;
123 had been placed on acceptable schedules to return them to
compliance; while enforcement actions had been initiated for
270. During the year, an additional 599 new significant
violators were identified, of which 215 had been returned to
compliance or placed on a compliance schedule.
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The EPA has continued a high level of activity in regulating
the demolition and removal of asbestos containing material from
buildings under the asbestos NESHAP. This program has received
great attention because work sites, though transient, frequently
are located in densely populated urban areas and the potential
for public exposure to hazard from non-compliant activity is
great. In FY 1988, EPA and the States received 52,571 asbestos
demolition and renovation notifications (an increase of 21
percent over 1987), conducted 20,275 inspections and discovered
3,799 violations. The EPA and the States issued 231 adminis-
trative orders and referred 106 cases for civil enforcement
action.
During 1988, the New Source Performance Standard for
Residential Wood Heaters was fully implemented. Promulgated on
February 26, 1988, the regulation requires emissions certifi-
cation for all air-tight wood stoves manufactured after July 1,
1988. As of July 1, 1988, large manufacturers (those firms
producing more than 2000 stoves annually) may only manufacture
those appliances that have been tested at independent testing
laboratories and certified by EPA. At year's end, a total of
170 appliances were certified. The majority, 116, were
"grandfathered" under 'provisions of the regulation that allow
stoves previously granted certification by the State of Oregon
to be granted EPA certification. The remaining 54 appliances
were certified by EPA. Small manufacturers (those firms
producing fewer than 2000 stoves annually) have until July 1,
1989 to complete the certification requirements. At year's end
126 firms had been granted the one year, small manufacturers
exemption.
B. LITIGATION
1. Significant Judicial Decisions
United States v. Alcan Foil Products. The district court
in this action ruled on the issue of whether EPA can use
Section 113 of the Clean Air Act to enforce the currently
approved State implementation plan while a state is trying
to change the regulation. The court barred enforcement when
the Notice of Violation (NOV) was served more than four
months after the proposal. Even if the source is violating
the proposed revised limit, the court held, the enforcement
action must be put on hold until EPA acts on the revision.
In United States v. General Motors Corp., the court ruled
similarly.
Vlll-3
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United States v. Arkwright. Inc. The court held that the
Agency's failure to meet the four month deadline to act on a
proposed SIP revision does not bar enforcement using Section
113 of the Clean Air Act. The court adopted the penalty
collection approach established for Section 120 cases in
Duquesne Light Co. v. EPA, requiring EPA to reject the SIP
revision before collecting the penalty. The court also held
that the penalty should be assessed for the period beginning
four months after submission of the proposed revision. In
Arlcwriaht. EPA had issued the NOV before the four-month
period had expired.
United States v. General Motors Corp. The court held that
because EPA had approved an equivalency provision as part of
the Texas SIP, the director of the Texas Air Control Board
could approve, without further review by EPA, equivalent
methods of control as alternatives to those controls
originally contained in the SIP. In other words, the court
said an equivalency determination by the director does not
need to be submitted to EPA as a SIP revision in order to
have the effect of changing the applicable compliance
standards.
Asbestec Construction Services v. U.S. Environmental
Protection Agency. The Court of Appeals for the Second
Circuit denied Asbestec's petition for review of a Section
113(a) order issued for alleged violations of the asbestos
NESHAP. The court held that issuance of the order by EPA
did not deny Asbestec due process of the law, nor did it
deprive the company of a property or liberty interest
protected under the Fifth Amendment. Although the order
was a "final definitive statement of the Agency's position,"
the court felt that other factors, notably the government's
need for speedy enforcement, weighed against classifying
the order as final action subject to judicial review.
Solar Turbines. EPA initiated a major enforcement action
against Solar Turbines, Inc., for construction pursuant
to a Clean Air Act prevention of significant deterioration
permit which EPA believed Pennsylvania issued without
properly requiring Best Available Control Technology
(BACT) for nitrogen oxides. The district court granted
the government's motion to vacate an earlier temporary
VIII-4
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restraining order prohibiting EPA from enforcing its
Section 167 administrative order against Solar Turbines
Inc., for construction of gas turbines which, in EPA's
view, lacked best available control technology. The
court concluded that the Section 167 order was a final
agency action and therefore, judicial review was proper
only at the circuit court level. This is the first
decision by a court finding that an order issued under
Section 167 of the Clean Air Act is final agency action.
United States v. Tzavah Urban Rgnewal Corp. The district
court granted EPA's motion for a preliminary injunction
against Tzavah and four other defendants, even though
violations at the asbestos removal project were largely
abated by the time of the oral argument in the case. The
court cited the defendants' long history of noncompliance
as the basis for maintaining court supervision of the
remaining work. The court also held that: 1) the
asbestos regulations stay in effect if work ceases at the
site but asbestos remains a danger; 2) the waste disposal
rules in 40 C.F.R. Section 61.152 (1987) apply to interim
as well as final disposal sites; 3) the "owner or operator"
definition in the rule should be construed broadly; and 4)
the existence of air samples showing low levels for asbestos
is irrelevant to a case such as this one, in which the
violations are based on work practice standards, not
emission standards.
Navistar International Transportation Corp. v. U.S.
Environmental Protection Acrencv. The Sixth Circuit affirmed
EPA's decision finding Navistar (formerly International
Harvester) liable under Section 120 of the Clean Air Act.
In its appeal, Navistar argued that its ten painting lines
were either excluded or exempted frdm regulation. The court
rejected all of the petitioner's arguments, deferring in
each case to the Agency's interpretation of its own regu-
lations. In addition, Navistar argued that the notice of
noncompliance it received was insufficient since it lacked
two of the referenced attachments which are required under
40 C.F.R. Section 66.12. The court held, however, that
jurisdiction to assess Section 120 penalties is conferred
upon EPA not by the regulations, but by the Clean Air Act
which requires only a reasonably specific notice.
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U.S. v. General Dynamics Corp. The district court held
that the government can sue for relief in air pollution
cases where a contractor operates property owned by the
United States. The court denied defendant's motion for
dismissal, rejecting the argument that this action is an
interagency dispute. The court noted, in this action to
enforce the Texas SIP limitations on volatile organic
compound emissions, that the Air Force had made $2.3
million available to General Dynamics expressly for the
purpose of installing pollution controls on the offending
coating lines, but the company declined to install the
controls. The lawsuit was thus properly before the court.
The court also held that the Defense Production Act, which
compels contractors to perform despite other contractual
obligations, does not immunize defense contractors from
violations of the Clean Air Act.
United States v. Wheeling-Pittsburgh Steel Corp. The
Third Circuit Court of Appeals reaffirmed the principle
that economic considerations do not justify postponement
of compliance deadlines established by the Clean Air Act.
The court applied the "successors and assigns" language
from the consent decree that the government had reached
with Wheeling-Pitt and found that the new owner of the
Monessen, Pennsylvania, coke plant was bound by the terms
of the decree. The Circuit Court rejected the district
court's finding that the sale of the coke plant was a
"new" or "unforseen" circumstance which could justify
amendment of the decree to allow operation before
installation of the pollution controls was complete.
United States v. Louisiana-Pacific Corp. The district
court thoroughly analyzed the term "potential to emit"
and found the defendant liable for violating prevention
of significant deterioration regulations at its Kremmling,
Colorado, waferboard plant. The court held that simple
limits on annual emissions cannot be used to restrict
potential to emit for prevention of significant
deterioration purposes. It also held that federally-
enforceable limitations on operations (e.g. , a limit on
hours per day that a plant may operate) can be used to
restrict potential to emit. However, it found that when
such limitations are ignored or violated, the potential
to emit restriction is vitiated.
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2. Significant Settlements
U.S. v. Borden Chemicals. Geismarf Louisiana. In this case,
the defendant had violated several different sections of
the vinyl chloride NESHAP at their complex in Louisiana
and entered into a consent agreement with the government
to pay $1.25 million. A unique feature of this settlement
is the payment of $250,000 of the penalty to the Louisiana
State University Foundation to be used solely for the
purpose of research into the health impacts of hazardous
air pollutants, including epidemiological studies.
U.S. v. Ford Motor Companyf Mount Clemens. Michigan. This
consent decree includes a civil penalty of $1.75 million,
the largest paid by a defendant for violation of volatile
organic compound emission limitations. In addition, Ford
certified that it permanently ceased operating its non-
complying printing lines and will not resume operation
unless and until it obtains state operating permits.
U.S. v. Conoco. Inc. f Oklahoma. This consent decree
resolves alleged violations of NSPS Subparts J and GG
pertaining to petroleum refineries. The Subpart J
violations arose from Conoco's failure to control sulfur
dioxide emissions from three new process heaters. The
defendant could have achieved compliance simply by
segregating its flue gas streams in order to burn only
clean fuel at the new heaters while continuing to burn
dirty fuels exclusively at its older, unregulated heaters.
In exchange for a 75% mitigation of the $1 million penalty,
Conoco agreed to install equipment that will remove sulfur
from all of its fuel gases, resulting in the reduction of
at least 3250 - 4500 tons of sulfur dioxide emissions per
year. The net after-tax value of Conoco's mitigation
project exceeds $1.5 million.
U.S. v. RavmarK Industries, Inc. This civil action against
the manufacturer of asbestos brakes and other asbestos
products was concluded by the entry of a consent decree and
payment of a $135,000 civil penalty. Other co-defendants
had settled earlier for $12,500 as well as extensive
injunctive relief provisions which are also featured in
this settlement.
VIII-7
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U.S. v. New York City Human Resources Administration, et al.
The New York City Human Resources Administration, Department
of General Services, and the City of New York agreed to pay
a civil penalty of $200,000 in settlement of this action
brought for violation of the asbestos NESHAP during a
renovation of a city shelter.
U.S. v. Shell Oil Company. Carson. California. This decree
resolves a violation of the NSPS for petroleum refineries.
The action arose because Shell's sulfur recovery plant is
subject to state Occupational Safety and Health adminis-
tration (OSHA) inspection and maintenance requirements
resulting in Shell's periodic disconnection of its pollution
control equipment. Shell has agreed to install a redundant
pollution equipment at a cost of $15 million to prevent
exceedances of the NSPS emission limits for sulfur dioxide
during future inspections of the recovery plant. In order
to install connecting hardware for the redundant unit and
to conduct the inspection this year, Shell took its controls
off for 12 days and paid a penalty of $66,900 for this
period of violation.
U.S. v. Southern Coke Corp.. Chattanooga. Tennessee. In
this case, the defendant agreed to pay $100,000 for this
contempt action for violations of an earlier consent decree
governing coke battery emissions at its facility. The
defendant had taken over the coking plant from the bankrupt
Chattanooga Coke and Chemicals Corp., which had been a
consent decree signatory in an earlier EPA enforcement
action. When the defendant failed to operate the plant
in compliance with applicable consent decree requirements,
EPA filed its contempt action.
3. Criminal Filings
During 1988, ten criminal cases were filed against
stationary sources for violations of the Clean Air Act.
All involved violation of asbestos regulations.
An important case in this area which resulted in multiple
convictions was United States v. Cuyahoaa. On December 5,
in Los Angeles, California, all four individual defendants
in this case were sentenced by a U.S. District to various
terms of imprisonment as a consequence of their October 11
VIII-8
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guilty pleas to multiple counts of an eight-count indictment
that was returned on June 14. All of the defendants pled
guilty to count one, which charged the defendants with
conspiracy to violate NESHAP emission standards for
asbestos. To accomplish the conspiracy, Cuyahoga workers
who were engaged in the demolition of a Kaiser steel plant
in Fontana, California, were falsely assured that the
asbestos material to which they were exposed was not
hazardous to their health and were provided with inade-
quate training in the handling of asbestos. Those who
complained about safety were told that they would be
fired. Other counts involved failure to notify the
National Response center as soon as the defendants had
knowledge of the release of a reportable quantity of
hazardous substance, namely asbestos; and willfully
making false statements to the government, in describing
the procedures utilized in removing asbestos. Cuyahoga,
which has now filed for bankruptcy, was also sentenced
on December 5 to a fine totaling $250,000.
C. COMPLIANCE GUIDANCE AND INITIATIVES
1. Targeting
In the past, EPA guidelines have focused on source size as
the determinant whether a source should be inspected. The EPA
has conducted several pilot programs for the purpose of including
other factors such as compliance history and air quality as
determinants whether to 'target' a source for inspection. On
March 31, 1988, two new strategies were issued which institu-
tionalized the targeting approach in conducting inspections.
Those strategies, the Compliance Monitoring Strategy and the
Revised Asbestos Strategy, are to be implemented during FY 1989.
The Compliance Moni-toring Strategy replaced the Inspection
Frequency Guidance of June, 1986. The strategy emphasizes
flexibility on use of inspection resources, but continues to
require accountability for maintaining high levels of compliance.
The Asbestos Demolition and Renovation Enforcement Strategy
requires that the compliance history of asbestos contractors be
used to target inspections of activity covered by the asbestos
NESHAP. This strategy establishes a national database of
asbestos contractor compliance history, the National Asbestos
contractor Registry System (NARS), to provide the information
delegated agencies need for targeting. It also provides
instructions for performing inspections, and requires appro-
priate enforcement actions for all violations detected.
VIII-9
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2. Ozone
Regulation of volatile organic compounds (VOC) has been an
area of intensive effort for the last 4 years. Such sources are
major contributors to the ozone nonattainment problem and some
emit compounds which are highly toxic in nature. In response to
requirements contained in the 1977 Clean Air Act Amendments, many
States adopted regulations requiring compliance of VOC sources on
or before the end of 1982. Carrying out these regulations has
led to a large growth in the number of significant violators.
Small sources of VOC may, in aggregate, impact ozone
non-attainment. Ongoing efforts to reduce emissions from small
sources of VOC have led to development of innovative compliance
promotion methods including general public education, compre-
hensive inspection of all sources in a specific source category,
outreach to industry associations, direct mail to affected
sources and reduced fines for sources that attend training
workshops. Also, on July 22, 1988, EPA issued the Record-
keeping Guidance Document for Surface Coating and the Graphic
Arts Industry. This document provides technical information
to assist engineering evaluation of source compliance with
VOC emission standards.
On March 31, 1988, EPA transmitted to its Regional Offices
a protocol outlining the criteria and procedures necessary to
conduct a study of rule effectiveness. Each Region was requested
to commit to at least one rule effectiveness study in an ozone
non-attainment area for FY 1989. Studies will occur in two
phases. A field inspection phase will calculate or measure
emissions and percent emissions reductions attributable to
compliance. A follow-up office investigation phase will identify
implementation problems. Fifteen separate studies have been
initiated on source categories including gasoline marketing,
petroleum refineries, surface coating at aerospace facilities,
autocoating, papercoating, and miscellaneous metal parts coating.
In addition, EPA Region III will soon complete a study on
gasoline- marketing begun in FY 1988.
3. Continuous Emission Monitoring
In the decade of the 1970's, the stationary source
compliance program focused on ensuring that major sources of
particulates and sulfur dioxide achieved initial compliance witn
Clean Air Act regulations, generally by installing control
VIII-10
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equipment or switching to cleaner fuels. The more recent focus
of attention is concerned with the continuous compliance of
particulate and sulfur dioxide sources (while work continues
to ensure initial compliance for sources of volatile organic
compounds).
The EPA has continued to support the use of Continuous
Emission Monitoring Systems (CEMS) as an important tool to
promote continuous compliance of sources. On March 31, 1988,
the "OAQPS CEMS Policy" was reissued to promote and encourage
the utilization of CEMS data as a compliance assessment method.
Compliance measures to track the installation and operation of
CEMS were also established in EPA internal tracking systems.
On March 31, 1988, EPA issued an interim control policy
for sources that are under order to replace or upgrade existing
control equipment. A fundamental principle of this policy is
that the source must maintain continuous compliance after the new
or rebuilt equipment becomes operational. To assure this, all
new or upgraded equipment must include spare components that can
maintain emissions at compliance levels while the remainder of
the equipment is being replaced, 'repaired or maintained. In lieu
of providing redundant control equipment, sources must agree to
reduce or shut down operations during periods of control equip-
ment unavailability. Also, compliance orders are to include
provisions for continuous emissions monitoring, and reporting
of excess emissions.
4. Timely and Appropriate Enforcement
The annual evaluation of the "Timely and Appropriate"
enforcement guidance, most recently issued by EPA on April 11,
1986, showed that implementation of the guidance was generally
successful in that it has caused a more expeditious resolution
of violations. The evaluation showed that 68.2 percent of the
violations remaining at the beginning of the fiscal year or noted
in the first three quarters had been resolved by November 1,
1988. Enforcement actions were instituted for approximately half
of the violations resolved, most of which involved the assessment
of penalties. Resolution of violations through enforcement and
assessment of penalty was higher for cases where the EPA, rather
than a State, was the lead.
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5. Training
Significant progress continues to be made in the area of
enforcement-related training. During 1988, EPA distributed a
multilevel curriculum and actively began to implement the program
for EPA personnel engaged in stationary source inspections.
The objectives are to ensure that every inspector can conduct
advanced inspection and that experienced personnel can stay
current and develop specialized skills. Emphasis is on quality
inspections, health and safety, and transferability to state/
local programs. A total of 33 EPA/State workshops were conducted
in 1988. An implementation plan was be issued for FY 1989, and
projects to streamline, consolidate and update courses and work
materials will continue to be completed over the next three
years. An air training advisory group composed of Federal,
State and local personnel will oversee the program.
D. COMPLIANCE BY FEDERAL FACILITIES
A total of 414 Class A SIP, NSPS, and NESHAP Federal
facilities are tracked in the air program. As of January 1989,
329 (79 percent) were in-compliance. A total of 17 were meeting
schedules that will bring them into compliance, while 7 were of
unknown status. The remainder have either shut down or are not
subject to Federal regulation.
E. LIST OF VIOLATING FACILITIES
Section 306 of the Clean Air Act and Executive Order 11738
authorize EPA to bar facilities which deliberately or repeatedly
violate the Clean Air Act from receiving future contracts,
grants, or loans from any Federal agency or branch of the
military services. Facilities where certain criminal violations
occurred must be placed on the EPA List of Violating Facilities
based on the Federal court conviction (Mandatory Listing). Other
facilities which have continuing or recurring violations may be
placed on the List at the discretion of the EPA, after notice-
to the owner or operator and the opportunity for an informal
administrative hearing (Discretionary Listing).
In 1988, EPA expanded its capacity to use the Contractor
Listing sanction by creating a Contractor Listing Staff dedicated
to carrying out the Contractor Listing program. The EPA issued
guidance to the Regions in 1988 encouraging the use of Discre-
tionary Listing against demolition and renovation companies with
continuing and recurring violations of the asbestos standards.
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During 1988, five facilities were recommended for Listing
for Clean Air Act violations. Two of these facilities are
demolition and renovation companies with a long history of
asbestos standard violations. Two pending Discretionary Listing
actions were withdrawn after the facilities signed court consent
decrees agreeing to taJce the necessary actions to bring them
into compliance with the applicable clean air standards. No
facilities were placed on the List during 1988 as a result of
convictions for criminal violations under the Clean Air Act. No
facilities which had been listed for Clean Air Act violations
were removed from the List in 1988. Four facilities remain on
the EPA List of Violating Facilities for Clean Air Act violations
and Discretionary Listing actions are pending against seven
facilities.
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IX. CONTROL OF MOBILE SOURCE EMISSIONS
A. INTRODUCTION
Control of motor vehicle emissions has been a Federal
responsibility since 1967. The requirements of the Clean Air Act
(Act) relating to mobile sources have been subsequently refined
several times, most recently in 1977. The Clean Air Act Amend-
ments of 1977 established an ambitious regulatory program which
addressed remaining problems in the motor vehicle emissions
control program and bolstered efforts to attain and maintain the
national ambient air quality standards for carbon monoxide and
ozone. Below are listed some of the mobile source provisions
of the 1977 Act.
° A schedule was established for implementation of
stringent emissions standards for automobiles—0.41
grams per mile (gpm) for hydrocarbons (HC), 3.4 gpm
for carbon monoxide (CO), and 1.0 gpm for oxides of
nitrogen (NOx). The table below displays the level
of control mandated by the standards.
New Light—Duty Vehicle. Emissions
Without ' 1977 CAA Percent
Control Standard Reduction
Hydrocarbons 8.8 gpm .41 gpm 95%
Carbon Monoxide 87.0 gpm 3.4 gpm 96%
Oxides of Nitrogen 3.6 gpm 1.0 gpm 72%
° Similarly, the amendments tightened standards for
emissions of the above mentioned pollutants from heavy-
duty engines.
0 Standards for the control of particulate emissions from
heavy-duty diesel engines were mandated.
0 Areas not meeting carbon monoxide and ozone ambient air
quality standards by 1982 were required to implement
motor vehicle inspection and maintenance (I/M)
programs.
Since the enactment of the 1977 amendments, EPA has made
steady progress toward achieving the Act's goals. The EPA has
made a number of modifications to its motor vehicle emissions
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standards in order to assure that they attain the goal of cleaner
air as effectively and efficiently as possible. In 1988, EPA
made significant progress in the implementation of its mobile
source air pollution control program.
B. OZONE CONTROL
With the increased focus on reducing ozone levels, EPA has
continued work on several areas directly aimed at this goal. One
of the key actions is controlling excess evaporative emissions
through regulation of in-use gasoline volatility. The EPA
continued work in 1988 to complete a final rule proposed in 1987
to set volatility standards for vehicle fuels. A final rule is
expected in 1989.
Another action aimed at ozone reduction is control of
refueling emissions. The EPA continued work on refueling
emission standards in order to reduce hydrocarbon emissions. In
support of the refueling standard, EPA has, in coordination with
NHTSA, studied the safety of refueling emission control systems.
Three safety reports have been issued, which detail the results
.of EPA and contractor studies. One of these reports was a
response to public comments on the refueling control proposal.
The second was a "failure modes and effects analysis" of the
risks associated with various evaporative emission controls and
refueling emission controls. The third report assessed the risks
currently involved with refueling a. vehicle at a service station.
Also in support of the refueling standard, EPA has developed a
refueling emission control system which is simpler in many ways
than the systems suggested by manufacturers. The system has
been successfully applied to both General Motors and Ford fuel
systems and complies with the proposed refueling emission
standard. Furthermore, this system is inexpensive, and does
not add complexity to the vehicle.
The EPA identified excess evaporative emissions account
for an additional 5% of VOC emissions. An initial data base of
running loss emission data was collected during 1988. Based on
these data, it is currently estimated that running losses account
for slightly more than fifteen percent of all VOC emissions in
nonattainment areas. This would make it the single largest
uncontrolled VOC emission source. Running losses and excess
evaporative emissions account for more than 20% of VOC emissions.
The EPA held a workshop in June of 1988 to discuss the test
procedures for the volatility and refueling proposals. At this
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workshop, EPA discussed requirements to control running loss
emissions and evaporative emissions. Publication of a formal
proposal is expected in 1989.
Other work related to ozone (and carbon monoxide) control
involved development of on-board diagnostic (OBD) systems.
Current on-board vehicle computers have the capacity to monitor
emission control system components for malfunctions, notify the
driver if a malfunction has occurred, and assist mechanics in
diagnosing malfunctions. Thus, in-use vehicle emissions are
reduced due to improved malfunction identification and repair.
Considerable progress was made toward determining the benefits of
federal regulation to mandate specific OBD system performance.
EPA also worked closely with the California Air Resources Board
in their development of OBD requirements, and chaired an a
Society of Automotive Engineers committee which has made
substantial progress towards standardized OBD system
requirements.
A fourth ozone-related action was development of a rulemaking
which will tighten the light-duty truck exhaust hydrocarbon and
carbon monoxide (CO) standards. This action could reduce the
nationwide VOC inventory by up to 0.8 percent, and the CO
inventory by up to 1.7 percent. Publication of the proposal
is expected in 1989.
Other work related to ozone (and carbon monoxide) control
involved providing guidance to States on how to assess the
effects of alternative fuels on air quality. A guidance document
was released in January of 1988. In particular, exhaust emission
credits are provided for the use of gasoline-oxygenate blends of
ethanol, methanol, and methyl tertiary butyl ether (MTBE) as well
as fuel methanol and compressed natural gas. This guidance
document was also an important piece of EPA's carbon monoxide
attainment strategy. In addition, EPA worked closely with
Arizona in 1988 in its development of an alternative fuels
program.
C. VEHICLE FUELS AND AIR TOXICS
Several EPA initiatives were related to vehicle fuels in
1988. Development has continued on a notice of proposed rule-
making to control the sulfur and aromatics content of diesel
fuel. This action is expected to improve the ability of manu-
facturers to comply with the stringent heavy-duty particulate
emission standards which take effect in 1994. Publication of the
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notice will occur in 1989. In another initiative, EPA continued
to investigate the roles of all sources of formaldehyde exposure,
as well as the need for control. Included in this is an assess-
ment of the potential impacts of methanol-fueled vehicles. The
EPA will continue its assessment as these vehicles enter the
market.
The EPA also has responsibility for enforcing section 211 of
the Clean Air Act relating to the regulation of fuels and fuel
additives. One of the regulations under this section of the Act
is aimed at protecting the catalytic converters on 1975 and later
model year cars by requiring that unleaded gasoline be widely
available. The EPA has established a nationwide fuels enforce-
ment program to ensure that affected retail outlets comply with
these regulations. This program includes sampling of the fuel
at retail outlets by EPA field inspectors and private or State
inspectors under EPA contracts or grants, in order to measure
the fuel's lead content. The EPA conducted approximately 3,500
inspections under this program during 1988.
Additionally, lead use in fuel is being phased down due to
considerations related to the adverse health effects of lead.
The lead phasedown program continues to achieve significant
reductions in the use of lead in gasoline, from six billion grams
in 1987 to two billion in 1988. This represents a 99 percent
decrease from the 206 billion grams of lead which were used in
gasoline in 1973. The standard remains at 0.10 gram per leaded
gallon (gplg) as a quarterly average for a refinery or importer.
In 1988, EPA issued a report to the President and the Congress
on the use of low-leaded (0.10 gplg) and unleaded gasoline in
agricultural equipment designed for leaded gasoline, as required
by the 1985 Farm Bill. The report found 0.10 gplg to be
adequate, but that some engines designed for use with leaded
fuel would have some premature exhaust valve wear if operated
exclusively on unleaded gasoline. Three public hearings were
held to receive comments on the study. Additionally, EPA held
a public workshop to discuss valve protection for agricultural
engines and will continue to work with the U.S. Department of
Agriculture, industry, and others to provide guidance. The EPA
also announced that it has no final plans to ban leaded gasoline,
but will continue to evaluate the health effects of lead and the
potential for engine damage to agricultural and other equipment.
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The EPA mobile source air pollution control program has
shifted enforcement efforts from fuel switching to the fuel
refiner/importer audit program to assure compliance with the lead
phasedown regulations. Investigation and enforcement in this area
involves extensive analysis of the production, importation and
blending of gasoline, gasoline blendstocks and lead additives.
The EPA also tracks the banking and withdrawal of lead rights and
related documents and records and has successfully conducted a
number of these audit investigations. Computer programs help
analyze the refiners' records and a strategy has been developed
to integrate and evaluate all sources of data available to iden-
tify potential refiners and importers for investigation. The
EPA conducted investigations of more than 20 refiner facilities
during 1988 and 34 Notices of Violation (NOV's) were issued with
proposed penalties of over $9.5 million. Three of these were
for proposed penalties of over $1 million and one for over
$3 million.
As part of the reduction of lead in gasoline, in 1988, EPA
published a final rule eliminating lead in test fuel. This will
mean that manufacturers of engines not requiring catalysts, such
as- certain heavy-duty, gas-powered engines, must meet emission
standards using unleaded gasoline.
The Fuel and Fuel Additive Registration program registered
over 800 fuels and additives in 1988. This registration function
will assure that EPA is knowledgeable about the chemical content
of fuels and fuel additives. A development plan was completed
for a rulemaking to establish testing protocols to determine the
health effects of fuels and fuel additives under section 211 of
the Clean Air Act. Publication of an advance notice of proposed
rulemaking is expected in 1990. In conjunction with EPA's deve-
lopment of test protocols for assessing health effects, the
registration system will enable EPA to assure that proper
restrictions are placed on substances which cause harm to the
environment and/or public health. Further, the system permits
EPA to monitor the compliance of fuel and fuel additive manu-
facturers with the requirements of Section 211 of the Clean Air
Act concerning waivers for new fuels or additives.
Increasingly, attention is being focused on toxic air
pollution in urban areas. Mobile sources contribute as much as
sixty percent of the urban air toxics emissions. In 1988, EPA
released a paper updating a 1987 report which compiled available
information on air toxics emissions from motor vehicles and which
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also discussed how motor vehicle regulations are affecting these
emissions and giving a range of risk estimates for the current
and future potential carcinogenic impact of these emissions.
D. STANDARD SETTING
As part of an ongoing effort in controlling ozone, EPA in
1988 continued its efforts in the development of alternative
fuels technologies. These efforts have additional benefits
in helping to reduce emissions of carbon monoxide and other
pollutants, as well as reducing our dependence on foreign oil.
In addition, as mentioned before, there has been significant
activity in the effort to reduce particulate matter from diesel
engines. In addition to those standard setting activities
already mentioned in this area, other 1988 accomplishments
include the following:
o The EPA continued work on implementing the proposed
volatility standards for vehicle fuels in order to
reduce hydrocarbon emissions. The expected promul-
gation of the two-phase volatility control rules
will lower the volatility of in-use gasoline.
o The EPA identified running losses and excess
evaporative emissions as major sources of VOC
emissions. • An initial data base of running loss
emission data was collected during 1988. The EPA
held a workshop in June of 1988 to discuss the test
procedures. At this workshop, EPA discussed options
for controlling running loss and excess emissions.
Publication of a proposed rule is expected in 1989.
o Development has continued on a notice of proposed
rulemaking to control sulfur and aromatic content of
diesel fuel. This action is expected to improve the
control particulate emissions from diesel engines.
Publication of the notice will occur in 1989.
o Worked continued to develop a notice of proposed
rulemaking related to the light-duty truck exhaust
hydrocarbon and carbon monoxide (CO) standards.
Publication of the proposal is expected in 1989.
° A contractor study on off-highway diesel emissions and
their control was completed. Publication of the report
is expected in 1989.
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A development plan was completed for a rulemaJcing to
establish testing protocols to determine the health
effects of fuels and fuel additives.
The EPA continued to investigate the roles of all
sources of formaldehyde exposure, as well as the need
for control. Included in this is an assessment of the
potential impacts of methanol-fueled vehicles. The EPA
will continue its assessment as these vehicles enter
the market.
In anticipation of the development of methanol as an
alternative fuel, EPA moved forward in the development
of emission standards for methanol-fueled vehicles.
Methanol has the potential to reduce ambient levels of
both ozone and particulate matter. A final rule is
expected in early 1989.
The EPA worked to develop a proposed rule to permit
the banking and trading of oxides of nitrogen and
particulate matter emission credits among heavy-duty
gasoline, methanol and petroleum-fueled diesel engine
manufacturers. This rule will also include an expan-
sion of the current averaging programs. Publication of
the proposal is expected in early 1989, with a possible
final rule in late 1989.
The EPA continued to promulgate nonconformance
penalties for those heavy-duty engine families unable
to meet certain standards applicable to a given model
year. This mechanism assures that no manufacturer
benefits financially from nonconformance with the
emission standard, and that the least effective
control technology does not determine the stringency
of standards for the entire industry. A final rule
to increase the stringency of the 1991 light-duty
diesel truck particulate standard for light-duty
trucks equipped with heavy duty engines and to offer
nonconformance penalties was published in 1988. A
proposal to allow EPA to waive the payment of non-
conformance penalties for engines sold in California
for which nonconformance penalties have been paid to
the State of California was published in 1988 and the
final rule was also published in 1988. A proposal to
make nonconformance penalties available for 1991 and
1994 heavy-duty vehicle and heavy-duty engines is
planned for 1989.
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The EPA also focused attention on the problem of carbon
monoxide (CO) nonattainment in 1988. Motor vehicles
are the primary source of CO emissions and projections
made in the early 1980's indicated that the existing
Federal Motor Vehicle Pollution Control Program
(FMVPCP) would virtually eliminate CO nonattainment as
the vehicle fleet turned over. While reductions in
ambient CO levels have occurred, they have not been as
substantial as originally projected. In 1988, EPA
investigated the causes of this discrepancy and
determined that increased vehicle emissions at cold
temperatures was a major factor. A public workshop was
held including participation by the motor vehicle and
oil industries and the state and local jurisdiction.
EPA decided to directly pursue a notice of proposed
rulemaJcing, incorporating for the first time a motor
vehicle CO standard at colder temperatures. Publi-
cation of the proposal is expected in late 1989.
E. PREPRODUCTION COMPLIANCE
One of EPA's key techniques, for assuring the compliance of
vehicles with the motor vehicle emissions standards is the
preproduction certification program. This program intensively
evaluates each vehicle design to assure that only those designs
reasonably likely to comply in-use are certified and allowed to
be sold in the United States. Initiated in 1968, the program
involves the selective engineering review and testing by EPA
staff of engine families representing new vehicles which are to
be sold in the United States. This process includes the sub-
mission of technical data from manufacturers about prospective
production vehicles, emissions testing of prototypes by manu-
facturers , a review of engineering data and test results by EPA
personnel, and, in certain cases, confirmatory testing of pro-
totypes at EPA's National Motor Vehicle Emissions Laboratory in
Ann Arbor, Michigan. This procedure identifies and resolves
potential problems which could result in excessive in-use
emissions. Correcting these problems at the preproduction stage
assures maximum environmental benefits and reduces compliance
cost to the industry compared to correcting the problems when
discovered in use.
The EPA's National Motor Vehicle Emission Laboratory
performed 950 emission tests on 500 preproduction prototype
vehicles in 1988. Correlation activities with the regulated
industry have resulted in improved correlation and a reduction
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in industry challenges to EPA data. The technical exchange
program with the Motor Vehicle Manufacturers Association, which
began in 1987, has proven useful and will continue.
The EPA's vehicle certification program is the only vehicle
emission compliance program which evaluates all vehicle designs
from each manufacturer. It is also the only program which screens
vehicles for elements of design known as defeat devices. A
defeat device allows a vehicle to pass emission standards when
tested according to Federal test procedures but produce unaccept-
ably higher emissions when operated under other conditions.
Coupled with the Selective Enforcement Audit and in-use compli-
ance test programs, the certification program establishes the
necessary oversight to assure vehicles are adequately designed
and constructed for satisfactory in-use emissions performance.
As indicated in previous annual reports, a series of regulatory
and efficiency reforms have been made to the certification
process over the last ten years. Effective use of computeriza-
tion has been a key item in easing procedural burdens to the
manufacturer and in providing increased speed and efficiency in
EPA's review and approval process. However, prior to 1988, this
computerization was only available for processing certification
and fuel economy data associated with light-duty vehicles and
trucks. In 1988, EPA completed software development and
implemented a computer data processing system for heavy-duty
engine and motorcycle certification. This new system is based
upon the use of personal computers and more user-friendly
programs than the older "mainframe" system used for light-duty
vehicles. In addition to enhancing EPA's efficiency in pro-
cessing heavy-duty engine and motorcycle certification, this new
system serves as a model for possible future improvements to the
light-duty vehicle system.
As a result of changes to the imports program, 1988 was the
first year that "independent commercial importers" (Id's) were
required to receive certificates of conformity to be able to
import and introduce cars into commerce. This resulted in an
increase in the number of firms working with the certification
process. Five new firms received certificates in 1988 and over
130 firms expressed an interest in pursuing certification and
requested varying levels of assistance in understanding the
program.
In 1988, EPA published a notice of proposed rulemaking
providing guidance and clarification for small volume manu-
facturers and small volume engine families. Since many new
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small domestic manufacturers and modifiers of imported vehicles
have entered the marketplace over the last several years, impro-
vements and clarifications of policies are needed. The proposed
revisions, when completed in 1989, will enable EPA to maintain
the integrity of the current program and improve the guidance to
the many new small manufacturers.
In 1988, emission testing was performed on a sample of
properly maintained light-duty vehicles that use the newer
technology emission control systems that EPA expects will
dominate U.S. sales for the foreseeable future. The EPA uses
this information to evaluate the effectiveness of the prepro-
duction certification process in predicting how these newer
systems are performing in actual use. These data will be used
in EPA's continuing efforts to improve the cost effectiveness
of its preproduction certification program.
Substantial progress was made in 1988 toward completing
revisions to the voluntary aftermarket part certification
program regulations. This final rule will effectively provide
a mechanism through which quality aftermarket parts can be made
available to the consumer at a reasonable cost and will assure
that air quality is not compromised. The final rule is scheduled
to be published in the first half of 1989. In conjunction with
this rulemaking a notice of proposed rulemaking was prepared that
will propose the adoption of an alternative emissions demonstra-
tion test that may be used in place of the existing certification
test procedure (the Federal Test Procedure) for the certification
of aftermarket parts. This alternative test is preferred by some
part manufacturers as quicker and less expensive. This notice is
scheduled to be published in 1989.
F. VEHICLE INSPECTION PROGRAM
An effective strategy for dealing with in-use emissions
problems is the establishment of motor vehicle inspection and
maintenance (I/M) programs. The EPA's basic approach in this
area was determined by the 1977 amendments to the Clean Air Act.
Urban areas of the country which obtained an extension to the
deadline for attaining the ambient air quality standards for
ozone and carbon monoxide beyond 1982 are required by the Clean
Air Act to implement an I/M program. The EPA has also inter-
preted the Act to require areas which did not achieve attainment
in 1982 as predicted to implement I/M programs unless they could
otherwise prospectively demonstrate attainment by 1987. In 1988,
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EPA continued to promote the implementation of I/M programs in
each locality where they were needed. By the end of the year,
64 areas had initiated programs. In addition, implementation was
underway in five new areas.
To assure that operating I/M and antitampering programs
actually achieve the planned emission reductions, EPA has
initiated a systematic I/M auditing plan. In previous years, EPA
conducted 40 initial audits and 14 follow-up audits. In 1988,
EPA audited an additional two I/M programs and conducted 12
follow-up audits. Auditing and thorough follow-up by Federal,
State and local officials will pinpoint and lead to the
correction of any major deficiencies in individual programs.
In addition to I/M programs, EPA has promoted the
implementation of State and local antitampering and anti-fuel
switching enforcement programs. By the end of 1988, 42 programs
had been implemented. Eight of these programs are strictly
visual anti-tampering inspections and not integrated with a tail
pipe testing, program. Tampering and fuel switching programs
focus on correcting and deterring the removal and rendering
inoperative emission control devices. Therefore, they complement
the tail pipe I/M programs. In seven I/M programs no emission
check is performed, but antitampering and fuel switching checks
make up the entire inspection.
G. MOBILE SOURCE ENFORCEMENT
The EPA mobile source enforcement program is directed
primarily toward achieving compliance with motor vehicle emis-
sions standards and fuel regulations as required by the Clean Air
Act. The major goals and objectives are to: (1) assure that
both new and in-use vehicles meet emissions standards, (2) assure
that emissions control systems are not removed or rendered
inoperative, (3) assure that gasoline that is marketed meets EPA
standards, (4) assure the reductions of lead in gasoline are
achieved, (5) administer statutory and California emissions
standards waivers, and (6) administer the statutory emissions
warranties. To accomplish these goals, EPA maintains a number
of basic motor vehicle enforcement programs:
Selective Enforcement Auditing
In order to assure that production vehicles and heavy-duty
engines are built in accordance with emissions standards, EPA
conducts Selective Enforcement Audit (SEA) test programs at
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manufacturers' facilities. The SEA program is a highly leveraged
one. For every car EPA requires manufacturers to test during an
audit, over a hundred cars are voluntarily tested by auto pro-
ducers to assure that the audits do not result in a failure which
could affect vehicle production, since this close scrutiny by
manufacturers results in the repair of vehicle classes that are
only marginally meeting requirements, EPA has been able to reduce
the number of audits it requires. In 1988, EPA conducted 20 SEAs,
including three light-duty audits at foreign manu- facturers'
facilities located in the U.S. and four heavy-duty engine audits.
Additionally, three production compliance audits for nonconfor-
mance penalties were conducted, and approximately $2.0 million
in penalties were collected.
Recall Program
Section 207(c) of the Clean Air Act authorizes EPA to order
the recall of vehicles if a substantial number of any class of
vehicles do not conform to emissions standards during their
useful lives. During 1988, a total of 2,364,200 vehicles were
recalled as a result of EPA investigations. In the same period,
manufacturers voluntarily recalled an additional 904,100 vehicles
to correct emissions problems. The EPA conducted a total of 25
recall investigations in 1988, and performed 578 tests of in-use
vehicles at laboratory facilities in Springfield, Virginia and
Ann Arbor, Michigan.
Historically, the motor vehicle recall program focused its
efforts more on light-duty automobiles as they comprise the
majority of the vehicles on the road. In 1988, the program
further expanded its surveillance of light-duty trucks and
heavy-duty engines in recognition of the increasingly stringent
emission standards and useful life requirements applicable to
these vehicles. This coverage included emission testing of nine
light-duty truck engine families at higher mileage (greater than
50,000 miles) to determine compliance over their extended useful
life and the continuation of field surveys of heavy-duty engine
emission control systems.
Fuels Enforcement Program
As mentioned before, EPA greatly increased its lead phase-
down enforcement activities in 1988. In 1988, EPA issued 34
notices of violation with $9.5 million in proposed penalties.
In addition, EPA worked with the Justice Department in civil
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and criminal prosecution of refiners based on notices of viola-
tion issued in previous years. These rules are creating a demand
for other additives which may have a harmful impact on auto
emissions. The EPA expects that the proliferation of additives
will create a need to monitor the composition of vehicle fuels
even more closely than in the past.
Analysis of gasoline for various additives, primarily lead
and alcohol, was an area of substantial effort by EPA's Motor
Vehicle Emission Laboratory in 1988. Over 9,000 samples from
EPA's National Tampering Audit were analyzed for lead. For
specific enforcement cases, 250 samples were analyzed for lead
and 60 for alcohol. In addition, a major effort in the area of
fuel volatility was begun as part of the previously-mentioned
regulation proposed in 1987.
Tampering/Fuel Switching
The EPA is also responsible for carrying out programs
designed to deter tampering with vehicle emissions control
systems or using leaded fuel in vehicles which require unleaded
fuel. Surveys undertaken by EPA have shown tampering and fuel
switching to be continuing serious problems which, undermine the
emissions control performance of many in-use vehicles. A motor
vehicle tampering audit indicated that about 19 percent of tlie
vehicle fleet is subject to gross tampering, and about 6 percent
to fuel-switching. Tampering and fuel-switching enforcement
activities continued in 1988 with the issuance of 215 notices of
violation with proposed penalties of over $2 million. There were
298 settlements obtained in 1988 (which included some notices
of violation issued in previous years) from which just under
$1 million was obtained in civil penalties and approximately
$800,000 in alternative projects. Over $133,000 in penalties
resulted from 8 consent judgments with another $10,000 assessed
in a court decision. EPA also continued a "traffic ticket"
program for certain nozzle violations to reinforce the agency's
enforcement presence using minimal resources. Forty-nine
"traffic tickets" were issued in 1988. Also, as mentioned
above, EPA has promoted the implementation of State and local
antitampering enforcement programs. By the end of 1988, 42
programs had been implemented.
Aftermarket Catalytic Converter Policy Implementation
A critical element of public acceptance of state and local
vehicle tampering inspections is the availability of low cost
replacement emission control components. The EPA published an
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enforcement policy regarding the sale and use of aftermarket
catalytic converters that established performance standards and
installation requirements for converters. A number of investi-
gations were initiated during the year to determine compliance
with the requirements. The policy became effective in late 1986,
was revised for 1988 to make enforcement easier, at which time
EPA intensified monitoring compliance actions when warranted.
The EPA has already brought hundreds of enforcement actions for
installation of improper catalytic converters. A leaflet was
developed in 1988 which outlines the aftermarket converter
enforcement policy and will be available upon request to
regulated parties.
Emission Warranty Enforcement
The EPA is also responsible for assessing whether the
Federal emission warranty requirements of sections 207(a) and (b)
of the Act are implemented. During 1988, EPA responded to a total
of 2,001 inquiries. Of these, 282 were complaints specifically
related to warranty coverage and were referred to the appropriate
vehicle manufacturer for resolution. The updated section 207(a)
defect warranty pamphlet was printed and distributed to State and
local programs. An enforcement memorandum outlining coverage of
the 207(a) defect warranty was drafted and will be published in
the Federal Register next year. A notice of violation was also
issued against Ford Motor Company for violations of the warranty
provisions.
Volatility Monitoring
In 1988, EPA initiated a survey to study the extent of Stage
I (control at the bulk delivery points) VOC control regulations
violations occurring at both fuel distribution facilities and
gasoline retailer outlets. This survey of gasoline tanker trucks
Stage I evaporative control hook up violations was conducted by
EPA Region III. The survey intent was to study the frequency of
Stage I violations and factor the potential emission benefits
lost as a result of these violations. The initial study found a
very high percentage of violations occurring at the gasoline
retailer outlets due to the truck operators failing to connect
the Stage I control equipment. The EPA plans to conduct addi-
tional studies in several other areas and hopes to involve state
and local agencies in enforcement of the evaporative control
regulations.
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H. IMPORTS
The control of emissions from imported vehicles has become
a major issue in recent years. Due to the desire for luxury
imported cars and the strong dollar throughout most of this
decade, the importation of cars which do not conform to appplic-
able air pollution control regulations increased from 1,500 in
1980 to a high of 68,000 in 1985. In 1988,.EPA received 15,000
applications and 31,000 inquiries concerning these automobiles.
The EPA believes the decrease in imports from its 1985 peak is
largely attributed to the dollar's decline in exchange value in
foreign markets, rather than a change in consumer taste. The EPA
has substantially automated the processing of applications and
test data for cars which have been modified for compliance with
emission standards. In 1988, EPA implemented new regulations
controlling these automobiles. Under these revised rules, the
vast bulk of these imported vehicles are allowed to enter the
U.S. via EPA's new vehicle certification program. The new
procedures have increased EPA's confidence that the vehicles
have been properly designed to assure continued satisfactory
in-use emission performance.
The EPA has also been investigating various laboratories and
Independent Commercial Importers to ensure that nonconforming
imports have been tested properly to demonstrate conformity with
Federal emissions requirements. The laboratories are required to
conduct a Federal test procedure and submit the results to EPA
for approval. Some laboratories, however, have been falsifying
the results of these tests. In 1988, EPA successfully prosecuted
two laboratories resulting in 10 individual convictions and one
corporate conviction. The EPA took administrative action against
one additional laboratory.
I. LITIGATION
Vehicle Recall
EPA and General Motors agreed to settle litigation which
contested EPA's order to recall 82,000 1981 model year vehicles
which were exceeding Federal standards for evaporative hydro-
carbon emissions. General Motors began recalling the vehicles in
September 1988. Due to the age of the vehicles and the length of
time that had elapsed since EPA's investigation began, General
Motors also offered its dealers incentives to help increase the
owners' response rate to the recall.
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Chrysler Corporation agreed to withdraw its request for a
public hearing which contested EPA's order to recall 93,000 1981
model year vehicles which were exceeding Federal standards for
oxides of nitrogen. The vehicles will be repaired in early
1989.
In early 1988, EPA and Ford Motor Company reached a settle-
ment whereby Ford agreed to recall.approximately 103,000 vehicles
and pay $60,000 for alleged violations of the Clean Air Act.
Lead Phasedown
Enforcement of lead phasedown has resulted in criminal
prosecution of individuals. At least two criminal cases are now
pending which were developed in the course of EPA investigations.
The EPA attorneys are participating in the prosecution of these
cases in conjunction with the environmental crimes unit of the
U.S. Department of Justice. Other more egregious cases, includ-
ing four related cases with potential penalties of $40 million,
are pending. The EPA has also issued notices to 18 refiners or
importers proposing a total of $24 million in civil penalties.
The parties were cited for failure to file quarterly reports,
overuse of lead in gasoline production or the illegal creation
of lead usage rights (banking violation).
J. REFERENCES
1. 53 FR 39516, October 7, 1988.
2. 53 FR 470, January 7, 1988.
3. 53 FR 43870, October 31, 1988.
4. 53 FR 1716, January 21,1988.
5. 53 FR 19131, May 26, 1988.
6. 53 FR 7676, March 9, 1988.
7. 53 FR 7676, March 9, 1988.
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X. STRATOSPHERIC OZONE PROTECTION
A. DESCRIPTION OF ACTIVITIES
The EPA has been responding to growing scientific evidence
linking increased levels of chlorine and bromine to depletion of
the stratospheric ozone layer. If stratospheric ozone depletion
occurs, increased levels of harmful ultraviolet radiation would
penetrate to the earth's surface, resulting in substantial damage
to human health and the environment. On August 12, 1988, EPA
issued final regulations to implement the Montreal Protocol on
Substances that Deplete the Ozone Layer, which as of mid-January
1989 had been ratified by 26 nations representing about 90 per-
cent of global consumption of chlorofluorocarbons (CFC's) and
halons. This landmark environmental agreement calls for a 50
percent reduction in use of CFC's and a freeze on use of halons
over the next ten years. By reducing the future use and emis-
sions of CFC's and halons, these restrictions will help protect
the earth's stratospheric ozone layer.
Specifically, the Protocol requires a freeze at 1986
consumption and production levels of CFC-11, -12, -113, -114, and
-115 on the basis of their relative ozone depletion weights,
followed by reductions up to 80 percent and 50 percent of 1986
levels beginning in mid-1993 and mid-1998, respectively. It
would also prohibit production and consumption of Halon 1211,
1301, and 2402 from exceeding 1986 levels on a weighted basis
beginning in approximately 1992. Under limited circumstances,
somewhat higher levels of production (but not consumption) would
be permitted. Consumption is defined in the rule as production
plus imports minus exports of the bulk chemicals as listed above.
The EPA rule mirrors the requirements of the Protocol. It
allocates quotas reflecting the allowable level of production and
consumption to each of the firms that engaged in these activities
in 1986. As alternatives and supplements to this approach, EPA
requested public comments on other control mechanisms such as
regulatory fees and auctioning of production rights.
The EPA issued its regulations pursuant to section 157(b)
of the Clean Air Act. The rule constitutes the United States'
implementation of the Montreal Protocol. The Protocol entered
into force on January 1, 1989, ard the control requirements and
EPA rule require that reduction begin on July l, 1989. The Pro-
tocol responds to growing scientific evidence linking increased
x-i
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atmospheric levels of chlorine and bromine to depletion of the
ozone layer. If ozone depletion occurs, increased levels of
harmful ultraviolet radiation would penetrate to the earth's
surface, resulting in substantial damage to human health and the
environment. In the fifteen years since concern about CFC's and
ozone depletion was first raised, substantial scientific research
has supported the general conclusion that concentrations in the
stratosphere of chlorine, as well as bromine from halons, pose
substantial risks of ozone depletion.
In the short time since the Protocol was signed, new
scientific evidence suggests that ozone depletion from CFC's
maybe more advanced than previously thought and that the Antarc-
tica "ozone hole" is linked to higher levels of atmospheric
chlorine from CFC's. An EPA analysis also suggests that even
with the reductions called for in the Protocol, stratospheric
chlorine levels will increase substantially. Thus new infor-
mation will be reviewed by the Parties to the Protocol as part
of its assessment and review process with a decision on whether
additional controls are warranted. This decision is now
scheduled to be made in 1990.
B. REFERENCES
1. 53 FR 30566, August 12, 1988.
2. 53 FR 30604, August 12, 1988.
3. Executive Summary, "Report of the Ozone Trends Panel," NASA,
March 15, 1988.
4. Future Concentrations of Stratospheric Chlorine and Bromine.
Hoffman, and Gibbs, EPA 400/1-88/005, August 1988.
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XI. INDOOR AIR QUALITY
A. DESCRIPTION OF ACTIVITIES
Title IV of the 1986 Superfund Amendments and Reauthoriza-
tion Act (SARA) mandated that EPA carry out a program aimed at
conducting research into the scientific and technical questions
surrounding indoor air quality and at disseminating information
to the public. In addition, SARA required EPA to coordinate
Federal, State and local, and private sector activities related
to indoor air quality.
Implementation of SARA Title IV by EPA has focused on three
objectives: (1) performing the policy analyses needed to make
recommendations with respect to the long-term Federal role in
indoor air quality issues, (2) developing mechanisms of coordina-
tion of government and private sector indoor air programs and
activities, and (3) developing a wide spectrum of information
on indoor air pollution problems and mitigation strategies.
Specific activities undertaken in 1988 to resolve issues
about the long-term Federal role on indoor air included the
following:
° Submittal of a 1987 report to Congress, as required by
SARA Title IV, that outlined the EPA program on indoor
air quality for the next two years.
0 Preparation of a report to Congress, also required by
SARA Title IV, that describes the activities that EPA
has carried out under SARA and that makes recommen-
dations regarding the Federal role in indoor air
quality. This report will also include an overview
of the problem of indoor air pollution, including both
the current level of knowledge and uncertainties about
pollutants, sources, modeling and monitoring methods,
concentrations, exposures, health effects, existing
standards, codes and legislation, economic impacts,
and policy issues.
Because indoor air responsibilities are divided between
many agencies at every level of government, EPA is giving much
attention to its coordination role. Several actions were taken
in 1988 to coordinate indoor air activities by governmental and
private sector organizations, including:
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Revitalization of the Interagency Committee on Indoor
Air Quality (CIAQ), comprised of 16 Federal agencies
with an interest in indoor air issues. The EPA, with
the cooperation of the CIAQ, published a compilation of
the indoor air activities under way across the Federal
government.
° Conducting a survey of the private sector firms
offering indoor air quality diagnostic and mitigation
services to the public to begin to identify and
evaluate the capability of the private sector to
address indoor air problems in a variety of buildings,
including residences.
° Publication of a directory of State indoor air
contacts, under a cooperative agreement with the Public
Health Foundation, that lists State agency contacts for
up to 16 different indoor air quality issues.
Much of the emphasis of the indoor air program has been
directed at producing information documents useful to the public,
or specific audiences within the public, including the following:
° Development and distribution, in cooperation with the
Consumer Product Safety Commission, of a bookTet for
the general public titled "The Inside Story: A Guide
to Indoor Air Quality" describing residential and
public building indoor air quality problems and
solutions.
° Publication of a series of fact sheets on various
indoor air topics of special interest.
° Initiation of work on two manuals that address specific
aspects of indoor air quality including a manual for
building design engineers and architects and a manual
for policy makers on policy options and technical
issues involved in adopting and implementing smoking
restrictions.
0 Initiation of work on a self-paced introductory
training course on indoor air quality for State and
local government personnel.
B. DEVELOPMENT OF EPA INDOOR AIR POLICY
EPA has set two overall goals in addressing indoor air
quality problems: to adequately characterize and understand the
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risks to human health which pollutants pose in indoor environ-
ments and to reduce those risks by reducing exposure to indoor
pollutants. To achieve these goals, the Agency will implement
the following policy objectives:
1. The Agency will conduct research and analysis to further
refine its assessment of the nature and magnitude of the health
and welfare problems posed by individual air pollutants as well
as pollutant mixtures indoors.
2. The Agency will identify and assess the full range of
mitigation strategies available to address high priority indoor
air pollution problems.
3. For identified high risk, high priority problems, the
Agency will adopt and execute appropriate mitigation strategies.
These mitigation strategies may involve one or more of the
following:
° Issuing regulations under existing regulatory
authorities (e.g., the Toxic Substances Control Act,
the Federal Insecticide, Fungicide and Rodenticide Act,
and the Safe Drinking Water Act).
° Building State and local government and private sector
capability to address indoor air quality problems
through non-regulatory programs of information
dissemination, technical assistance, guidance, and
training.
° Referring problems to other Federal agencies with
appropriate statutory authority (e.g., the Consumer
Products Safety Commission and the Department of
Housing and Urban Development).
0 Requesting separate indoor air regulatory authority
from Congress if deemed necessary.
C. REFERENCES
1. EPA Indoor Air Quality Implementation Planr 1987.
[Submitted as report to Congress pursuant to SARA Title IV,
Section 403(d)], EPA 600/8-87-031, June 1987; NTIS: PB87-210720.
2. Report to Congress on Indoor Air Quality. [In
preparation; to be submitted to Congress pursuant to SARA Title
IV, Section 403(e)].
XI-3
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3. Current Federal Indoor Air Quality Activities; EPA in
cooperation with the Interagency Committee on Indoor Air Quality,
1988.
4. Directory of State Indoor Air Contacts; EPA and the
Public Health Foundation, 1988, EPA 400/1-88-003.
5. The Inside Story; A Guide to Indoor Air Quality; EPA,
1988, EPA 400/1-88-004.
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XII. ACID DEPOSITION
In the area of acid deposition, EPA continued to focus its
attention in 1988 on implementation issues, ongoing research, and
policy analysis.
In 1988, EPA completed two reports on implementation issues
associated with potential acid deposition control programs. The
two projects are important in that they examine the issues that
will be faced by State agencies in trying to implement control
strategies before a control program (either legislative or
statutory) is in place. These efforts will hopefully lead to the
development of cost-effective control strategies that achieve
environmental results in the area of acid deposition. The two
reports are: (1) "Final Report of the State Acid Rain (STAR)
Program," and (2) "Acid Rain Legislation and Utility Commission
Regulation." The final STAR report documents the results and
findings of a four-year, $3 million effort in which States
identified and explored potential issues associated with the
implementation of any major effort to control acid deposition
(e.g., emissions trading, the role of energy conservation in
reducing emissions). In coordination with State and Territorial
Air Pollution Program Administrators/Association of Local Air
Pollution Control Officials (STAPPA/ALAPCO), EPA funded 47
State projects which focused exclusively on management and
administrative issues. The second report, relating to utility
commissions, was motivated by a recognition on the part of EPA
of the importance of electric utilities in controlling acid
deposition precursors, the complexity of the utility regulatory
process, and the potential impact that Federal acid deposition
legislation could have on the electric utility industry and its
regulation. Some of the issues explored in the second document
were examined in some of the STAR projects (e.g., the role of
energy conservation in reducing emissions, emissions trading),
while others relate more specifically to utility commissions
(e.g., the impact of multistate power grids on the allocation
of emission reductions and the associated control costs).
In the area of research, EPA continued to fund work being
carried out under the auspices of the National Acid Precipitation
Assessment Program (NAPAP). A plan for the final NAPAP Inte-
grated Assessment, representing the culmination of a 10-year
Federal research effort on the causes and effects of acid
deposition, was completed in 1988 and a public meeting was held
XII-l
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on the plan in November. The Integrated Assessment is scheduled
for publication in September 1990. The EPA has also continued to
participate in the work of the Interagency Science and Policy
Committees.
The EPA has continued to participate in the Department of
Energy (DOE)-led Clean Coal Technology (CCT) program through the
Agency's membership on the Innovative Control Technology Advisory
Panel. The purpose of the CCT program is to search for ways to
reconcile a desire to utilize an abundant domestic natural
resource used for the generation of electricity with the need to
reduce emissions of acid deposition precursors from coal-fired
power plants. In 1988, DOE announced the selection of 16 pro-
jects, valued at more than $1.3 billion, for inclusion in the
program. If all 16 projects are successfully negotiated, the
Federal government will contribute $537 million; this Federal
funding will be in addition to $800 million in private sector
funding. The government funding is part of the $2.5 billion
commitment to clean coal technology made by President Reagan in
1987 in response to a recommendation made in the Special Envoys
Report on acid rain.
In 1988, EPA received two petitions asking the Agency to
initiate rulemaking under section 115 of the Clean Air Act, which
deals with international air pollution. The petitions are aimed
at achieving emission reductions in the U.S. that would benefit
Canada by reducing damage to Canada's environment from air
pollution that originates in the U.S. By the end of 1988, EPA
had not reached a final decision on granting or denying the
petitions. In the meantime, the petitioners have gone to court,
seeking to force EPA to either set a timetable for rulemaking
under section 115, or to formally grant or deny the petitions.
Following up on the two implementation reports, EPA decided
to sponsor a workshop for public utility commissions and State
air agencies. The workshop "Acid Rain Control: How Will States
Respond?" was developed in cooperation with the National
Association of Regulatory Utility Commissioners (NARUC) and
the STAPPA, and is scheduled for the end of January 1989.
The workshop objectives are: (1) to engage public utility
commissions and air agencies in constructive dialogue on acid
deposition control implementation issues, (2) to develop possible
approaches for responding to potential acid rain legislative and
regulatory implementation requirements, and (3) to establish the
basis for productive future relationships between the State
regulatory and air agencies, and the EPA. A conference
proceedings document will be ready by April 1989.
XII-2
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XIII. RADON ASSESSMENT AND REMEDIATION
A. DESCRIPTION OF ACTIVITIES
Radon is a radioactive gas produced by the decay of uranium,
which occurs naturally in soils and rocks. The EPA estimates
that radon is the second leading cause of lung cancer causing
about 20,000 lung cancer deaths each year. A recent report of
the National Academy of Sciences entitled "Health Risks of Radon
and Other Internally Deposited Alpha-Emitters" identified radon
as a serious national public health issue, and confirmed EPA risk
estimates.
The EPA Radon Action Program's initial efforts in 1985 were
concentrated in the Reading Prong area of Pennsylvania, New
Jersey, and New York where elevated levels of indoor radon were
first discovered in homes. The EPA provided these States with
assistance in radon measurement and mitigation of affected homes.
Since then, high radon levels have been found in nearly every
State and EPA's radon program has expanded in response to the
growing scope and complexity of the radon problem.
In September 1988, EPA and the Public Health Service issued
a National Health Advisory on radon and recommended that most
homes be tested. This recommendation was based on the findings
of EPA's 1988 State Radon Survey, which identified radon screen-
ing levels above 4 picocuries per liter, the level at which EPA
recommends corrective action, in one of every three homes in the
seven States surveyed. As a result of the strong public interest
generated by the Health Advisory, an estimated one million
additional homes were tested for radon in the period immediately
following EPA's announcement.
The goal of the Radon Action Program is to significantly
reduce the health risks of radon through a partnership with other
Federal agencies and the States. To accomplish this goal, EPA is
developing and disseminating technical knowledge to encourage,
support, and facilitate the development of State programs and
private sector capabilities.
Recognizing that radon is a national public health problem,
Congress recently enacted the Indoor Radon Abatement Act (P.L.
100-551, adding a new Title III to the Toxic Substances Control
Act). The bill generally supports the EPA's approach to the
radon problem, and adds several new requirements and
authorizations, including:
XIII-l
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A national long-term goal that indoor air be as free of
radon as ambient air outside buildings.
° A requirement that EPA update the Citizen's Guide to
Radon.
° Authorization of $10 million per year for fiscal year
(FY) 1989-1991 for EPA to provide State radon program
development grants.
0 Authorization of $3 million per year for FY 1989-1991
for EPA to provide technical assistance to State radon
programs.
° Authorization of $1 million for EPA to conduct a study
of radon in the nation's schools, and an additional
$500,000 to undertake diagnostic and remedial efforts.
° Authorization of $1.5 million for EPA to establish
proficiency programs for firms offering radon-related
services,, including testing and mitigation. In
addition, the bill authorizes a user fee to defray the
cost of proficiency programs.
0 Authorization of $1 million per year for FY 1989-1991
for EPA grants to universities to establish at least
three regional radon training centers.
° A requirement that EPA develop model construction
standards and techniques.
° A requirement that Federal agencies and departments
study radon in Federal buildings.
Implementation of the legislation will be carried out
through each of the four major elements of EPA's radon program:
° Problem Assessment - To identify areas with high radon
levels in houses and to determine the national
distribution of radon levels and associated health
risks.
° Mitigation and Prevention - To identify cost-effective
methods to reduce radon levels in existing structures
and to prevent elevated radon levels in new
construction.
XIII-2
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Capability Development"- To stimulate the development
of State and private sector capabilities to assess
radon problems in homes and to help people mitigate
such problems.
0 Public Information - To work with States to provide
information to homeowners on radon, its risks, and what
can be done to reduce these risks.
The EPA's accomplishments in these areas during 1988 include
the following:
Problem Assessment
° The document entitled "Indoor Radon and Radon Decay
Product Measurement Protocols" was updated and revised
to include four additional measurement methods. These
standardized measurement protocols help ensure that
radon measurements are comparable and accurate.
0 Assistance was provided to seven States and Indian
Lands in three States in designing and conducting
surveys to identify areas where indoor radon may be a
problem. A total of 17 States have been assisted in
this manner through 1988. The EPA is assisting eight
additional States and Indian Nations in eight States
with similar surveys in 1989.
° Identification of geological factors and characteris-
tics which are useful as indicators of areas with high
radon levels was continued.
° The use of soil gas measurements to predict radon
problems at potential building sites continued to be
investigated.
° The EPA worked closely with several Federal agencies to
coordinate the Federal response to the radon problem.
EPA, along with the Department of Energy, co-chairs the
Radon Work Group of the Committee on Indoor Air
Quality. The Work Group actively coordinated Federal
programs related to indoor radon.
° The 1986 Superfund Amendments and Reauthorization Act
(SARA) required a national assessment of radon in
homes, workplaces and schools. In addition, the 1988
XIII-3
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Indoor Radon Abatement Act required studies of radon in
schools and Federal buildings. The EPA undertook a
variety of activities in 1988 to meet these
requirements.
EPA initiated the National Residential Radon
Survey, designed to provide a scientifically
sound estimate of the distribution of the annual
average radon concentrations and exposures in
houses across the country. Radon detection
devices will be placed in 1989, and results of
the survey are expected in the spring of 1991.
In 1988, conducted a feasibility of radon in the
workplace and in 1989 EPA will initiate and
investigation of radon screening levels in a
variety of Federal buildings representative of
typical work environments. The results of this
study will enable EPA to provide guidance for
radon testing in the workplace. Interim guidance
is expected in the autumn of 1990.
EPA is also developing interim, school guidelines,
based on studies of radon in Fairfax County,
Virginia schools. These guidelines will provide
options for schools considering initiating radon
measurements. Final guidance is expected to be
available for use in the fall of 1990, and will be
based on a school protocol development study to be
conducted in 1989.
Mitigation and Prevention
The House Evaluation Program (HEP), established in 1986
in order to assist States in evaluating and mitigating
radon exposure in houses discovered to have elevated
radon levels, was continued in 1988. The HEP has
provided "hands-on" training to officials from New
York, Virginia, Pennsylvania, New Jersey, Tennessee,
Ohio, the National Park Service, and the Seneca Indian
Nation in evaluating and mitigating radon exposure in
over 160 selected houses in their respective areas.
In 1989, the HEP will be revised and the versions of
the HEP (old and new) will be offered.
XII1-4
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The EPA continued to cooperate with the National
Association of Homebuilders and private homebuilders in
1988 to develop, demonstrate, and release interim
guidance for preventing radon in new construction.
The EPA continued to work with model building codes
organizations to incorporate radon prevention
techniques into national building costs.
Research and operational programs were continued in
1988 in order to expand mitigation and prevention
activities into schools and workplaces.
Selected radon mitigation techniques were researched
and demonstrated in houses in several states. Sixty-
four houses have been completed and the program has
been expanded into Maryland, Tennessee, Alabama, and
Florida.
A voluntary Radon Contractor Proficiency Program will
be established in 1989, as required by the Indoor
Radon Abatement Act. Participants who meet program
requirements will be included in a list of "proficient"
mitigators which will be made available to States and
the public. To the maximum extent possible, program
requirements will be coordinated with existing and
proposed mandatory State mitigator certification
programs.
Caoabilitv DeveloDment
In 1988, EPA continued to provide a technical training
course on radon diagnostics and mitigation techniques
to States and private contractors. Nine courses were
conducted and over 700 participants from over 40 States
were trained. Approximately 500 participants are
expected for the seven courses to be offered in 1989.
In 1988 EPA continued to distribute a video tape of the
course to the states. Also, EPA trained 40 individuals
to deliver the EPA course, and an additional 60 are
expected to participate in 1989.
The National Radon Measurement Proficiency (RMP)
Program was established in 1986 in order to allow
private firms and other organizations to demonstrate
their proficiency in measuring radon. When the program
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began, 39 companies participated; by the end of 1988,
the list of participants had grown to over 900. In
1989, EPA will institute changes in RMP program
services in response to EPA Science Advisory Board
recommendations and increased participation in the
program. During 1989, EPA will conduct random blind
evaluations of major companies participating in the RMP
program, to ensure that their measurement performance
continues to be of high quality. Companies which fail
these blind tests will not be listed in the 1989 RMP
program.
In 1988, EPA planned for the establishment of at least
three Regional Radon Training Centers, as required by
the Indoor Radon Abatement Act. The goal of the centers
is to develop information and provide training to
Federal and State officials, professional and private
firms, and the public regarding health risks posed by
radon, and to demonstrate and teach methods of radon
measurement and mitigation. Three centers are expected
to be operational by the fall of 1989.
State Grants
In 1989 EPA will be developing a state indoor radon
grants program. Eligible activities will include
problem assessment, problem response, public outreach
and program management activities.
Public Information
Several significant technical and program development
information documents were published in 1988:
"Radon Resistant Residential New Construction"
"Radon Reduction Techniques for Detached Houses:
Technical Guidance, 2nd Edition
"Application of Radon Reduction Methods"
"Summary of State Radon Programs"
"Key Elements of a State Radon Program"
"The National Radon Measurement Proficiency Program:
Cumulative Proficiency Report (Round 5)"
EPA and the American Medical Association are producing
a brochure and conducted three conferences to educate
health professionals about indoor radon.
XIII-6
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In addition, in 1988, EPA participated in many national
conferences and workshops on indoor radon, provided
information and interviews to the media, organized and
conducted press conferences and briefings on radon
issues, and responded to thousands of public inquiries
regarding indoor radon exposure.
While much of EPA's activity was initially directed at
States in the Reading Prong area, the Radon Action Program is now
assisting States throughout the country. Technical assistance
activities will continue as an increasing number of States,
Indian Nations and Federal agencies work to identify and address
radon exposure problems. The EPA will also continue to expand
its technical assistance capabilities in response to the
increasing complexity of the radon problem.
B. REFERENCES
1. EPA 600/8-88/087.
2. EPA 625/5-87/019.
3. EPA 625/5-88/024.
4. EPA 520/1-87/19-1.
5. EPA 520/1-88/006.
6. EPA 520/1-88/024.
XIII-7
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XIV. LITIGATION
A. CLEAN AIR ACT (CAA) SECTION 109: NATIONAL AMBIENT AIR
QUALITY STANDARDS
On May 3, 1988 the D.C. Circuit decided Natural Resources
Defense Council. Inc. v. Thomasr which involved a challenge to
the legality of two Agency memoranda concerning the appropriate
averaging method to be used in implementing the sulfur dioxide
national ambient air quality standards. The court dismissed
NRDC's petition for review finding that the case was not ripe
for review because EPA "has had no chance to crystallize its
own decision in a proper rulemaking, and the petitioners have
demonstrated no impact on their conduct of their day to day
affairs." While the court refused to require EPA to conduct
a rulemaking, it stated that its holding was based on the
assumption that EPA would continue to treat the averaging method
issue in accordance with the court decision in PPG Industries,
Inc. v. Costle. The PPG Industries case had determined that the
status quo regarding averaging methods was that without a proper
rulemaking EPA could not require running averages, and that
either block or running averages are acceptable until a formal
rulemaking confines the standard to one or the other.
An attempt to force EPA to revise the 15 year old national
ambient air quality standard for sulfur oxides was blunted by a
decision in April 1988 by a district court in New York. Environ-
mental groups and states had filed a citizen suit in 1984
alleging that EPA had a non-discretionary duty to revise the
sulfur oxides NAAQS and that, under the circumstances, EPA must
revise or set a new "secondary" standard to protect the public
against the acid rain effects of sulfur oxides. The existing
sulfur oxides air quality standard does not address these
effects. The plaintiffs claimed that various EPA documents
attribute acid rain and visibility impairment to sulfur oxide
emissions. The district court held it did not have jurisdiction
because the Administrator had no duty under section 109 to revise
the national standard for sulfur oxides. The court held that
while section 109 imposed a duty to "review" the standards every
five years, there is no duty to revise the standard because
revision involves an exercise of discretion and expert judgment
by the Administrator. The court distinguished the case from
similar claims that were successfully litigated in the Second
Circuit in NRDC v. Train. In Tjcain, the Administrator had
conceded that all statutory criteria for taking regulatory action
XIV-1
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had been met, whereas in the Environmental Defense Fund v. Thomas
case, plaintiffs attempted to prove this concession from various
EPA documents and statements. The court held that plaintiffs did
not show an "express finding by the Administrator that the
existing sulfur oxides standards are inadequate." This and the
alleged scientific uncertainties involved convinced the district
court to conclude that the revision of the standard is wholly
within the discretion of the Administrator.
The court also held that there is no duty upon the Adminis-
trator under section 109(a)(2) to publish proposed standards
simultaneously with the publication of revised "criteria" docu-
ments issued under section 108. The obligation to do so only
applies to the publication of initial criteria for a pollutant,
which are listed under section 108 after the date of the 1970
Act. An appeal of the district court's decision was argued in
the Second Circuit in November 1988.
B. CAA SECTION 110: STATE IMPLEMENTATION PLANS (SIP'S)
In Abramowitz v. EPA, the Ninth Circuit invalidated EPA's
approval of control measures in California's South Coast ozone
SIP, on the ground that EPA had improperly deferred determining
whether those measures would result in attainment by December 31,
1987. Because EPA in court papers conceded that the SIP would
not result in timely attainment of the ozone NAAQS, the court
ordered EPA to disapprove the SIP provision containing the
attainment demonstration. In response to EPA's petition for
rehearing, the Ninth Circuit amended its opinion to express no
view as to whether EPA could approve individual control measures
that improved air quality, following the Agency's disapproval of
the SIP's attainment demonstration.
In Riverside Cement Co. v. EPA, the Ninth Circuit invali-
dated EPA's approval of a rule establishing a NOx emission
limitation for cement plants as part of California's South Coast
SIP. The Court reasoned that the rule was the "bureaucratic
equivalent of an illusory contract," insofar as the South Coast
Air Quality Management District could alter the emission limit
after hearing and without EPA's approval; thus, EPA's reading of
the rule as fixing a limit impermissibly amended the rule. The
court further held that the rule provided no assurance that the
emissions from subject facilities would allow attainment of the
nitrogen oxides air quality standard. The EPA petitioned for
clarification or, in the alternative, rehearing, of the second
XIV-2
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ground that seemed to limit EPA's authority to approve individual
rules which strengthen the SIP but which, by themselves, cannot
produce attainment of the national ambient air quality standards.
The court modified the second ground to state that an "illusory"
emission limit cannot satisfy the requirement of Clean Air Act
section 110(a)(2)(B) that a SIP include "emission limitations . .
. as may be necessary" to produce attainment.
The District Court for the Northern District of Texas ruled
that Texas is not required to submit an alternative means of
compliance, as approved by the Director of the Texas Air Control
Board, to EPA as a SIP revision. The court interpreted a
provision of the Texas SIP, which authorized the Director to
approve alternative methods of control that are substantially
equivalent to the SIP methods of control, to eliminate the
requirement for EPA review as a SIP revision.
C. CAA SECTION 111: NEW SOURCE PERFORMANCE STANDARDS (NSPS)
In a decision construing the term "modification" under
section ill(a)(4) of the Act, the Sixth Circuit upheld EPA's
determination that a Kentucky SIP revision authorizing a source
to cease operation of scrubbers previously required to control
fluoride emissions would subject the source to NSPS requirements.
The scrubbers had been required for the company's aluminum
reduction plant under Kentucky's section lll(d) plan, and were
equivalent to the NSPS for that source category. The company had
requested the determination under 40 CFR Section 60.5, while
Kentucky's revision was pending before EPA, and petitioned the
circuit to review the adverse determination.
D. CAA SECTION 112: HAZARDOUS AIR POLLUTANTS
On the question of the scope of EPA's nondiscretionary duty
under section 112, the U.S. District Court for the District of
Columbia held that EPA has a nondiscretionary duty to either
issue emission standards or a final determination not to regulate
for each source category of a listed hazardous air pollutant.
NRDC v. EPA concerned a long-standing citizen's suit to compel
EPA to act on all source categories of benzene. The court had
previously ordered the Agency to take final action on four source
categories in 1983, and the current litigation involved an addi-
tional set of categories on which EPA had not acted, including
emissions from automobile refueling at retail outlets. The court
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rejected EPA's argument that, although the Agency has discre-
tionary authority to set additional standards, its previous
actions had satisfied its nondiscretionary duty under section
112. Following its holding of a nondiscretionary duty, the court
ordered EPA to act by March on the remaining source categories.
That order has been stayed by the court pending its decision on
EPA's current motion to alter or amend the judgment. However,
the court did accept the Agency's argument that it had satisfied
its duty under section 202 to determine the feasibility of
"onboard" controls for automotive refueling, and declined to
compel EPA to act with respect to that duty.
In NRDC v. Thomas. the court held that it did not have
jurisdiction to order EPA list certain pollutants as "hazardous
air pollutants" under section 112 of the Clean Air Act. The EPA
had issued notices of intent to list six organic chemicals and
two metals under section 112. The plaintiffs contended that
EPA's identification of the pollutants as probable or known
carcinogens was the "functional equivalent of a finding that the
pollutants are hazardous." In their view, such a finding would
trigger a non-discretionary duty to list the pollutants and to
set national emission standards according to deadlines in section
112. The court held that it did not have jurisdiction under the
section 304 citizen suit provision because EPA had made no final
decision on the health risks posed by the pollutants and because
of EPA's claim that there is "not presently sufficient informa-
tion to make that determination." The court was concerned that
if it were to engage in an examination of whether the Agency had
effectively found the pollutants hazardous, it would be invading
the exclusive judicial review powers of the Court of Appeals and
would chill the Agency's dissemination of "preliminary" conclu-
sions regarding the toxic effects of pollutants. The court held
that relief under section 304 would only be appropriate where EPA
had shown "flagrant bad faith" and ignored "incontrovertible
evidence regarding the hazardous nature of a pollutant."
E. CAA SECTION 123: STACK HEIGHTS
On January 22, 1988, the D.C. Circuit decided the "stack
height" case, Natural Resources Defense Council. Inc. v. Thomas.
The suit involved eleven consolidated challenges to EPA's 1985
revised stack height regulations, (50 FR 27892, July 8, 1985),
filed by environmental groups, northeastern states, and industry
groups. The court affirmed the regulations in large part,
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rejecting NRDC's "control first" argument (that section 123
required the maximum controls be imposed before allowing
increased stack height credit to avoid excessive concentrations),
and remanded three provisions to the Agency for further action:
1. The provision allowing pre-October 1, 1983 stack height
increases to be grandfathered from demonstrating requirements;
2. The provision allowing grandfathering of pre-January 12,
1979 use of the refined H+1.5L formula; and
3. The provision exempting original design merged stacks
from the definition of "dispersion techniques."
F. CAA SECTION 126: INTERSTATE POLLUTION ABATEMENT
In July 1988, a panel of the D.C. Circuit dismissed a
challenge to EPA's denial of interstate air pollution petitions
under section 126. The States of New York, Pennsylvania, and
Maine had petitioned EPA in 1981 for relief from midwestern State
sulfur dioxide emissions, which were alleged to cause violations
of national ambient air quality standards, or visibility impair-
ment in the petitioning States. The EPA denied the petitions in
1984. The States argued that EPA's denial of the petition was
defective as a matter of law, since it did not include an
affirmative finding under section HO(a)(2)(E) that the State
implementation plans of the midwestern States are adequate to
prevent violations of standards in other States. The D.C.
Circuit rejected this claim, holding that EPA is under no
obligations to make a section 110(a)(2)(E) finding in a section
126 proceeding, is not required to evaluate or investigate the
adequacy of the SIP'S named in a section 126 petition, or to
conduct data gathering or research in response to petitioners
claims, in section 126. The court held that the prohibition
of certain types of interstate air pollution under section
110(a)(2)(E) need only be considered by EPA before the
Administrator approves an initial SIP, or revision of a SIP.
A petition for writ of certiorari was filed on this action.
G. CAA SECTION 169A: VISIBILITY PROTECTION
Two decisions upheld EPA's position on regional haze
problems under the visibility impairment provisions of the Act,
Section 169A. In June 1988, the Second Circuit upheld EPA's
refusal to approve portions of Vermont's SIP for visibility and
EPA's rejection of Vermont's petition that EPA require emission
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reductions in upwind SIP's. The court held that EPA's 1980
implementing regulations did not address the problem of regional
haze, and, thus, EPA's rejection of Vermont's demands did not
violate those regulations. It held that until a Federal regional
haze regulation is in place, Vermont may not impose emission
reductions on upwind States to improve visibility in Vermont.
The court concluded:
"Finally, we note that, more than ten years after the
enactment of section 169A, there is still no national
program addressing regional haze. We are sympathetic
to petitioner's argument that something must be done
soon. EPA's assurances of future action are little
comfort to Vermont ... We can only hope that EPA
will act quickly in furtherance of the national
visibility goal."
A month later, however, a district court judge in Maine
refused to order EPA to promulgate national visibility regula-
tions governing regional haze. The court held that plaintiffs
were barred from bringing a citizen suit to force EPA action
because EPA's promulgation of visibility regulations in 1980
constituted "final action," which could only be reviewed by the
U.S. Court of Appeals. The court rejected plaintiffs' claim that
EPA had in 1980 simply deferred making any final decision on
regional haze regulations. The court relied on the existence of
an extensive administrative record supporting EPA's decision to
defer action, and concluded from this that EPA's deferral consti-
tuted "final action" beyond the district court's jurisdiction.
An appeal was pending in the U.S. Court of Appeals for the First
Circuit at the end of 1988.
H. CAA PART D: NONATTAINMENT PROVISIONS
In a pair of decisions in Atlantic Terminal Urban Renewal
Area Coalition v. New York City Department of Environmental
Protection, et.al... the U.S. District Court for the Southern
District of New York issued opinions construing obligations under
Part D of the Clean Air Act. In the first decision, the court
was faced with the question of whether plaintiffs' allegation of
• failures to implement measures to attain the carbon monoxide air
quality standard by December 31, 1987 was sufficient to confer
subject matter jurisdiction in a citizens' suit. The court
concluded that the question turned on the distinction between
a failure to implement specified measures in the SIP versus a
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generalized allegation of a failure to meet a goal of the Act,
but that plaintiffs had alleged failures to implement with
sufficient particularity to support denial of defendants' motion
to dismiss.
In the second decision, the court construed the Department
of Housing and Urban Development's (HUD) obligations under the
section 176(c) prohibition of support for any activity which does
not conform to a SIP. At issue was whether HUD had properly
assured compliance with New York's carbon monoxide SIP require-
ments in the funding of a twenty-four acre redevelopment project
in Brooklyn, NY or was in violation of section 176(c), based in
part on a letter from EPA questioning whether proposed traffic
mitigation plans in the final Environment Impact Statement would
be sufficient to attain the standard. While the court concluded
that HUD can delegate its responsibilities to the city, neither
HUD nor the city had satisfied the obligations of section 176,
and, accordingly, denied defendants motions to dismiss.
In a separate case, NRDC brought a citizen suit to force EPA
to require New York to revise its ozone nonattainment SIP. The
inadequacy of the New York SIP was demonstrated by the existence
of nonattainment conditions subsequent to the December 1987
deadline for attaining the national ambient air quality standard.
Relying on section llO(c)(l), the court ruled that EPA does have
a duty, enforceable in a citizen suit, to require New York to
submit a revised SIP by a date certain. The court reasoned that
unless EPA were required to set a date for revisions, the
attainment of standards under the Act, and the provisions of
section H0(c)(l) would be frustrated.
I. CAA SECTION 203: IMPORTATION REQUIREMENTS
In Anderson Shipping Company, the D.C. Circuit upheld EPA's
new regulations governing importation of uncertified motor
vehicles and rejected certain importers' claim that EPA has no
authority over vehicles that are at least five years of 50,000
miles old when imported. The court agreed with EPA that the
Clean Air Act provisions limiting the regulatory "useful life" of
U.S.-certified vehicles to five years or 50,000 miles does not
apply to.importation of uncertified vehicles. The court also
agreed that EPA's requirement that all imported vehicles comply
with Federal emission standards for a period of five years or
50,000 miles after importation, regardless of the vehicles'
actual age, is a reasonable exercise of the Agency's discretion
to regulate imports.
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J. CAA SECTION 304: CITIZEN SUITS
The Third Circuit upheld the authority of a district court
in a citizen's suit to hold the City of Philadelphia in civil
contempt for failure to comply with the terms of its previously
issued injunction. The issue arose in a citizen's suit filed
to compel the city to comply with odor regulations in the
Pennsylvania SIP in operating a sewage treatment plant. In a
prior case concerning this matter, the Third Circuit had over-
turned EPA's rescission of its approval of the odor regulations
for failure to follow the proper procedures of section I10(c).
In the present case, the circuit grounded its decision in part on
its earlier ruling that EPA's rescission was a legal nullity. As
a result, the circuit upheld the district court's subject matter
jurisdiction on the issue of the city's compliance with the odor
regulations, and its subsequent findings that the city was in
contempt of the injunction requiring such compliance.
K. CAA SECTION 307: JUDICIAL REVIEW
In a case construing "finality" for purposes of judicial
review, the Third Circuit held that it was deprived of juris-
diction over a petition for review of an EPA disapproval of a
redesignation request due to the pendency of an administrative .
petition for reconsideration before the Agency. While the
circuit conceded that the question of finality is a difficult
one that has divided the Court of Appeals, it concluded that
the Supreme Court's recent decision in ICC v. Brotherhood of
Locomotive Engineers, construing section 704 of the Adminis-
trative Procedure Act to toll a statutory time period for
filing a petition for review, cannot be distinguished, and
that the petition for reconsideration renders EPA's disapproval
"nonfinal" for purposes of judicial review. As a result, the
court held that it had no jurisdiction to decide the substantive
issue of the applicability of EPA's 1985 stack height regulations
to West Perm's Armstrong power plant.
L. ENFORCEMENT OF CAA REQUIREMENTS
li CAA Section 110: State Implementation Plans
Three district courts ruled in 1988 on the issue of whether
EPA can use section 113 to enforce the currently approved State
implementation plan while a State is trying to change the
regulation. All three courts said that there is a four-month
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deadline for EPA to act on a proposed SIP revision, but they
disagreed on the implications of that deadline. In United States
v. Alcan Foil Products, the court barred enforcement when the
Notice of violation (NOV) was served more than four months after
the proposal. Even if the source is violating the proposed
revised limit, the court held, the enforcement action must be put
on hold until EPA acts on the revision. In United states v.
General Motors Corp. . the court cited Alcan Foj.1 products and
ruled similarly. However, the court in Unites states v.
Arkwright. inc. held that the Agency's failure to meet the four-
month deadline did not bar enforcement. The court adopted the
penalty collection approach established for section 120 cases
in Duouesne Light Co. v. EPA, requiring EPA to reject the SIP
revision before collecting the penalty. The court also held that
the penalty should be assessed for the period beginning four
months after submission of the proposed revision. In Arkwright.
EPA had issued the NOV before the four-month period had expired.
Unites States v. Vanguard Corp reaffirmed the principle that
economic or technical infeasibility is not a defense under the
Clean Air Act. The court granted plaintiff's motion for summary
judgment on the liability issue, but said that claims of good
faith efforts to comply might be relevant to the calculation of
the penalty to be paid by the defendant.
One Federal enforcement action was stayed pending resolution
of a State court proceeding to determine whether the defendant
was a paper-coating operation within the meaning of the Illinois
regulation. The court extended abstention principles to the SIP
context, holding that SIP's are primarily state law rather than
Federal.
2. CAA Section 112: Hazardous Air Pollutants
In United States v. Dow Chemical Co.. the U.S. District
Court for the Middle District of Louisiana upheld EPA's
interpretation of its standards for vinyl chloride against a
challenge in an enforcement action. The company argued for a
"common sense" interpretation of a portion of the standards that
prohibited all emissions from specific equipment, contending that
venting emissions through a flare which destroyed 99.3 percent of
the vinyl chloride should be considered sufficient for compliance
with the standard. While the court sympathized with Dow's argue-
ment, it held that the plain meaning of the standard, and EPA's
interpretation of its own regulations controlled. In addition,
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the court also held that it had no authority to review the
regulations de novo, and that EPA's interpretation of the
standards did not constitute final agency action otherwise
subject to review.
In United States v. Tzavah Urban Renewal Corp.. et.al.f the
district court granted EPA's motion for a preliminary injunction
against Tzavah and four other defendants, even though violations
at the asbestos removal project were largely abated by the time
of the oral argument in the case. The court cited the defen-
dants' long history of noncompliance as the basis for maintaining
court supervision of the remaining work. The court also held
that: (1) the asbestos regulations stay in effect if work ceases
at the site but asbestos remains a danger; (2) the waste disposal
rules in 40 CFR Section 61.152 apply to interim as well as final
disposal sites; (3) the "owner or operator" definition in the
rule should be construed broadly; and (4) the existence of air
samples showing low levels of asbestos is irrelevant to a case
such as this one, in which the violations are based on work
practice standards, not emission standards.
Another district court found that the notice provision in
the asbestos rule, 40 CFR Section 61.146, should not be read to
include a duty to renotify when the dates of a removal project
change.
3. CAA Section 120: Administrative Noncompliance Penalties
The Sixth Circuit affirmed the Administrator's decision
finding Navistar International Transportation Corp. liable for
exceeding volatile organic compound emission limits at its
Springfield, Ohio, truck-painting operation. The company argued
that various exemptions and exclusions applied to the painting
lines, but the court rejected these arguments, deferring in each
case to EPA's interpretation of its rules. The court also held
that jurisdiction to assess section 120 penalties is conferred
on EPA by the Clean Air Act, which requires only a reasonably
specific Notice of Noncompliance (NON). Thus, the fact that the
NON received by Navistar lacked the attachments describing how
the penalty would be calculated, was not a defense.
4. CAA Section 165: Preconstruction Review Requirements
The district court in United States v. Louisiana-Pacific
Corp thoroughly analyzed the term "potential to emit" and found
the defendant liable for violating the prevention of significant
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deterioration (PSD) regulations at its Kremmling, Colorado,
waferboard plant. The court held that simple limits on annual
emissions cannot be used to restrict potential to emit for PSD
purposes. It also held that federally-enforceable limitations
on operations (e.g., a limit on hours per day that a plant may
operate) an be used to restrict potential to emit. However, it
found that when such limitations are ignored or violated, the
potential to emit restriction is vitiated.
The court also found that EPA had not met its burden of
proving that the defendant's Olathe, Colorado, plant was subject
to the PSD rules. The court was persuaded by defendant's
testimony that the one stack test on which the government was
relying had not been performed under conditions within which the
plant was designed to operate. The court said that the unit
being tested should be operated at maximum capacity, but in the
manner designed for normal operation.
Finally, the court rejected the defendant's argument that
EPA had to prove that the violation continued for the 30-day
period immediately following issuance of the NOV. The court held
that the jurisdictional requirement of section 113 is met if the
specific violation alleged in the NOV is committed any time after
the 30-day "grace" period has run.
5. Consent Decree Enforcement
United States v. Wheeling-Pittsburgh Steel Corp. reaffirmed
that economic considerations do not justify postponement of
compliance deadlines established by the Clean Air Act. The Third
Circuit applied the "successors and assigns" language from the
consent decree that the government had reached with Wheeling-Pitt
and found that the new owner of the Monessen, Pennsylvania, coke
plant was bound by the terms of the decree. The court completely
rejected the district court's finding that the sale of the coke
plant was a "new" or "unforeseen" circumstance which could
justify amendment of the decree to allow operation before
installation of the pollution controls was complete.
6. Enforcement Against Facilities Owned by the U.S. but
Operated by a Contractor
A district court held that a government contractor operating
the nation's only facility manufacturing the F-16 fighter
airplane is subject to the Texas SIP limitations on volatile
organic compound emissions, even though the plant is owned by the
Air Force. The court denied defendant's motion for dismissal,
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rejecting the argument that this action is an interagency
dispute. The court noted that the Air Force had made $2.3
million available to General Dynamics expressly for the purpose
of installing pollution controls on the offending coating lines,
but the company declined to install the controls. The lawsuit
was thus properly before the court.
The court refused to adopt a construction of the Defense
Production Act (DPA) that would immunize defense contractors from
liability under the Clean Air Act so long as they were attempting
to fulfill their government contracts. The court held that the
immunization provision of the DPA applies only to claims for
breaches of third party contracts necessary to meet obligations
to the Federal government. According to the court, to hold
otherwise would undermine section 118 of the Clean Air Act,
which establishes that the Act applies to all Federal agencies
and facilities.
7. Judicial Review of EPA Administrative Orders
In Asbestec construction Services. Inc. P v. EPA'r the Court
of Appeals for the Second Circuit held that orders issued by EPA
under section 113(a)(3) of the Clean Air Act are not final Agency
action. Thus, they are not subject to review under section 307
of the Act, and the court did not have jurisdiction to examine
the merits of the order issued to Asbestec. The court held, in
addition, that receiving the order did not deprive Asbestec of
either property or liberty interests.
On the other hand, in Solar Turbinesf Inc. v. Seif. a
district court held that an order issued to Solar Turbines by EPA
under section 167 of the Clean Air Act was final Agency action
and that it was reviewable only in the Court of Appeals. Conse-
quently, the district court dismissed the action for lack of
jurisdiction.
M. COMMON LAW NUISANCE
In a case brought to limit water diversions by the Los
Angeles Department of Water that is drying up Mono Lake, thereby
creating particulate air pollution in the area, the Ninth Circuit
ruled that there is no Federal common law of nuisance based on
air pollution since this case does not involve any "uniquely
Federal interests." In its consideration of the Federal interest
here, the court concluded that there is no common law of air
pollution governing this situation, and that State law provides
an adequate forum for resolution of the issues here. The circuit
also held that the Federal common law nuisance claim based on
water pollution is entirely preempted by the Clean Water Act.
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