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CLEAN AIR ACT AMENDMENTS OF 1990
NONATTAINMENT PROVISIONS
TALKING POINTS
SLIDE 3: INTRODUCTION (OVERHEAD IS THE U.S. MAP)
Our nation's most widespread air pollution problems are
caused by ozone forming emissions of oxides of nitrogen and
hydrocarbons, as well as emissions of carbon monoxide and
small particulate matter (PM) (< 10 microns).
Areas out of compliance with the national health standard
for ozone or CO pollutants were to have met standards by
1987.
There are 96 cities violating the ozone (smog) standard, 41
cities violating the carbon monoxide standard and at least
70 areas that still have not met the PM standard.
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SLIDE 4: MAJOR SECTIONS
o The new nonattainment provisions contain these major
sections: (read what is on the overhead)
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SLIDE 5: GENERAL PROVISIONS
o Designations
Areas that do not meet air quality standards are called
nonattainment areas. The new law requires that areas
currently designated nonattainment retain that designation
and that other areas with air quality worse than the
standards be designated nonattainment by the Governor.
If the Governor fails to do this, EPA must do it. While
the law requires the Governor to propose ozone and CO
nonattainment area boundaries, EPA can modify them if it
believes other boundaries are more appropriate.
The more seriously polluted ozone and CO areas must take
as their boundary the entire urbanized area — inner city
plus suburbs (and in some cases outlying counties), unless
EPA and the state believe a smaller area is adequate. This
means that pollution controls will affect more people and
industries.
o Sanctions
Sanctions are an important tool for creating incentives
for states to work diligently toward attaining Federal air
quality standards.
The bill contains two sanctions - one is a cutoff of
highway funding. The other is a large increase in the
emission reductions required from existing sources to
offset the emission increases from new sources.
EPA must impose at least one sanction in 18 months, and
the second one 6 months later, if a state fails to submit a
complete plan or if EPA disapproves a plan or finds that a
plan is not being executed.
If the state lacks "good faith" in submitting the plan,
EPA must impose both sanctions at the 18 month mark. EPA
can also cut-off Federal funding to the state or local air
pollution control agency, if necessary.
o Federal Implementation Plans (FIPs)
The new law requires EPA to promulgate FIPs within 24
months of a finding that a state has failed to make an
approvable SIP submission.
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SLIDE 6: CLASSIFICATION OF AREAS
o A key feature of the new law is that it "classifies" areas
with similar pollution levels.
o The purpose of this classification system is to match
pollution control requirements with the severity of an
area's air quality problem. Therefore, marginal areas are
subject to the least stringent requirements and extreme
areas are subject to the most stringent requirements.
o The higher classes must meet requirements of all the areas
below them plus the requirements for their class. The
higher classes also have more time to attain.
o For ozone, there are five classes: marginal, moderate,
serious, severe and extreme. The severe class has 2 parts:
the higher "severe!" class gets 2 more years in which to
attain air quality standards. We have one extreme area, Los
Angeles; 3 "severe2" areas, 5 "severe!" areas; 16 serious
areas; 32 moderate areas and 39 marginal areas.
o For CO and PM-10, there are two classes: moderate and
serious (although the CO moderate class really has 2
subclasses, with tigher pollution controls required for the
second subclass).
o EPA may adjust ozone and CO classifications that are close
to the border of another classified area. Ozone and CO
areas may receive an extension of up to 2 years from the
attainment date if they have met all requirements of the
Act, such as the percent reduction requirement and any
prescribed measures, and if they are close to meeting air
quality standards.
o Serious PM-10 areas may get an extension for up to 5 years
if they can demonstrate that attainment by 2001 is not
practical and if they adopt stringent measures.
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SLIDE 7: OZONE NONATTAINMENT AREA REQUIREMENTS
Marginal Areas
These areas are close to meeting air quality standards
today and therefore have the least stringent requirements.
EPA expects most marginal areas will have clean air in
several years because of reductions from motor vehicle
emissions due to Federal programs and from stationary
sources covered by coorected "RACT" rules.
- Marginal areas must obtain 1.1 to 1 offsets for new (100
ton) sources. Offsets or emission reductions of a source
must apply to compensate for emission increases caused by
new and large modification to existing sources.
Moderate Areas
These areas must adopt the marginal area requirements.
They must also make progress by reducing VOC emissions
over the first 6 years: however, a waiver is possible if
very stringent measures are adopted.
They must install Stage II vapor recovery controls on
gasoline service stations and RACT on certain existing
sources and demonstrate attainment.
Finally, new sources must obtain an additional 15%
offsets for 100 ton sources.
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Slide 8: OZONE NONATTAINMENT AREA REQUIREMENTS (CONT)
o Serious Areas
These areas must adopt marginal and moderate area
requirements.
They must also reduce hydrocarbon emissions 3% per year
(on average over a 3-year period) until the air quality
standard is achieved: however, 1) a waiver is possible if
3% reduction is infeasible and 2) NOx control can be
substituted if an equivalent ozone reduction can be
demonstrated.
- They must also:
start an enhanced vehicle inspection program,
install controls on moderate size (50 ton) sources
of hydrocarbons (and nitrogen oxides unless
controls do not reduce ozone),
adopt any additional measures necessary to
demonstrate that the ozone standard will be
attained by the deadline,
adopt a clean fuel program for fleet vehicles.
adopt an employer ridership program for employers
of CO of 100 or more employees.
New sources must offset pollution by an additional 20%
for moderate size (50 ton) sources.
Finally, control requirements must apply within the
metropolitan boundary, unless the State and EPA agree to a
smaller area.
Severe Areas
All severe areas must adopt the marginal, moderate and
serious area requirements and continue the 3% progress
requirement until attainment
The 3% progress requirement can be waived
Areas may substitute NOx for (VOC) if progress is not
feasible.
Also:
all gasoline must be reformulated for cleaner burning,
areas must adopt additional transportation measures as
needed to offset growth in vehicle usage, and
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areas must install controls on small (25 ton)
stationary sources of hydrocarbons (and nitrogen oxides
unless controls do not reduce ozone).
Finally, new sources must offset pollution by an
additional 30%; applies to smaller size (25 ton)
sources.
Extreme Areas
Today, Los Angeles is the only area designated extreme,
These areas must adopt marginal, moderate, serious
and severe area requirements.
They must also continue the progress requirements until
attainment: however, extreme areas cannot get a technology
waiver or substitute NOx reductions for VOC reductions.
They must also use low polluting fuel or install NOx
controls on utilities/boilers and install controls on very
small (10 ton) stationary sources of hydrocarbons (and
nitrogen oxides unless controls do not reduce ozone).
New sources of 10 tpy or greater must offset pollution by
an additional 50%;
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SLIDE 9: OZONE CONTROL REQUIREMENTS - HIGHLIGHTS
Progress Requirement
A key feature of the ozone control amendments is a
requirement that all areas except marginal areas make
progress early and then maintain progress toward attainment
until attainment is achieved.
The Act does this by requiring States to achieve a 15%
reduction over the first 6 years and 9% for each 3-year
period thereafter.
There are many technical features of this requirement:
the reduction must reflect an average over a period of time,
it is from an adjusted base, some measures do not count
toward the % reduction, and there is a waiver based on
available technology, although the hurdles for this waiver
are high.
Tracking whether the reductions are actually achieved
will be critical to the success of the progress requirement.
To do this, the new law requires states to meet milestones
that demonstrate progress was made. If the milestone is not
met, the state must adopt additional measures sufficient to
make up the shortfall. Sanctions can also be imposed for
failure to meet milestones.
RACT and NSR for major NOx sources
The new law requires major NOx sources to meet the same
requirements that apply to major VOC sources.
For new sources in nonattainment areas this means offsets
and lowest achievable emission rate (LAER) are required.
For existing sources in moderate and higher
classifications and in transport regions it means reasonably
available control technology (RACT) must be installed.
However, sources such as major power plants or all
sources in the area as a whole can be exempted from this
requirement if the area can show that control of NOx sources
is not beneficial.
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Transport Regions
- The bill creates an ozone transport region for 11
northeast states plus the Washington, DC metro area.
All areas, including attainment areas and marginal
nonattainment areas in this region, have special
requirements. These include:
1) RACT on all VOC sources for which EPA has issued
guidance (CTGs),
2) RACT on all 50 ton VOC sources where EPA has not
issued guidance and
3) enhanced I/M in metro areas with a population above
100,000.
RACT is also required on 50 ton NOx sources unless the
area chooses to opt-out by showing NOx control is not
beneficial.
These transport requirements are in addition to any other
requirements which apply to nonattainment areas.
Tighter New Source Requirements
Under the old law, any major new source of hydrocarbons
wanting to locate in a nonattainment area must have met
requirements that are tougher than those for sources located
where the air is clean.
These requirements include offsetting the emissions from
the new source with reductions from existing sources, and
installing the "lowest achievable emission rate" (LAER),
which is the tightest control used by any plant of that
type.
The new law tightens these requirements in three areas:
it changes the definition of "major" source to
include smaller sources:
- 50 tpy in serious areas
- 25 tpy in severe areas
- 10 tpy in extreme areas (Los Angeles)
it increases offset ratios to require more
emissions reductions, and
it tightens "netting", or the ability of a source
to offset emission increases with reductions
elsewhere on its property so as to avoid
triggering more stringent requirements
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Slide 10: OZONE CONTROL REQUIREMENTS (CONT)
o Federal Measures
EPA must identify 11 categories of VOC emissions for
which it will develop technical guidance. To date EPA has
issued guidance on 29 categories.
- EPA also must issue guidance for aerospace and
shipbuilding industries.
- This guidance will set presumptive limits on emissions
which EPA interprets to represent "reasonably available
control technology" (RACT) on existing sources. In areas
where "RACT" is required, states must adopt rules requiring
sources to apply "RACT" on the source categories covered by
the guidance.
- EPA must also develop rules for consumer and commercial
products (paints and solvents, cleaning fluids, pesticides,
etc.) over an 8 year period which begins after a 3-year
study.
- EPA must issue an "alternate control techniques" (ACT)
guideline for all 25 ton sources of VOC and NOx. The "ACT"
identifies levels of emission reduction which can be
achieved by various control technologies. States may use the
ACT guideline to develop rules for source categories not
covered in the EPA "RACT" guidelines.
- In addition, EPA must issue rules to limit emissions from
marine vessels.
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SLIDE 11: CARBON MONOXIDE
o CO areas are classified as moderate and serious. Moderate
area requirements apply in three stages:
Moderate areas must correct any current I/M program.
Moderate areas must start a wintertime oxygenated fuels
program if necessary for attainment.
Areas above 12.7 ppm must adopt an enhanced I/M program
regardless of whether I/M is now required and perform an
attainment demonstration.
o Serious CO areas must adopt a transportation control program
to offset increased vehicle miles travelled and other
measures, and if they fail to meet the deadline they must
achieve a 5% reduction in CO emissions per year.
o CO areas where cars are not the problem can be exempted from
any mobile source control measures. Areas in which
stationary sources are a significant problem must adopt
"RACT" on 50 ton sources.
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SLIDE 12: PM-10
o Moderate PM-10 areas, which were designated non-attainment
at enactment, must attain the air quality standard by the
end 1994 and adopt reasonably available measures for
particulate sources such as woodstoves, urban road dust and
agricultural burning.
o Serious areas, which would be designated non-attainment at
enactment, must attain by 2001 and adopt best available
control measures. Serious areas which fail to attain must
achieve 5% reduction in PM-10 emissions per year.
o Serious areas where the PM-10 problems are caused by nature,
rather than human activity, can be exempted from any of
these measures if EPA determines that human-induced sources
of pollution do not contribute significantly to a violation
of the PM-10 standard.
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Clean Air Act Amendments of 1990
Mobile Source Provisions
Talking Points
Slide 14: What Are We Up Against?
o Today, the U.S. has the most stringent motor vehicle emission
control program in the world.
o Compared to uncontrolled cars of the 1960s, current
produce :
80% less HC and
60% less NOx during their lifetimes.
o But, much of the impressive "per vehicle" reduction has
cars
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offset by growth in the number of vehicles, and by growth in
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miles driven (VMT) .
o VMT doubled in last 20 years
o The new law requires:
more controls on vehicles and;
- cleaner burning fuels in cities with the worst
quality problems
air
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Slide 15: Tailpipe Standards
o The current passenger car standards are:
HC—0.41 Grams per mile (gpm)
CO--3.4 Gpm
NOx—1.0 Gpm
o Passenger car standards have not changed since 1981; so by
1994, standards will have been stable through 13 model years.
o Meanwhile control technology and reliability have
advanced greatly:
specifically, there are more precise fuel and emission
controls possible because of refinements in computer control
and the proliferation of fuel injection.
o In response, the new law tightens auto tailpipe standards, as
indicated on the overhead.
o The law requires EPA to study the need, cost and feasibility
of tier II standards for 2004 and later model cars and report
its findings in 1997 and decide whether by 1999 more stringent
standards will be required.
o The new law also tightens standards for trucks (large &
small). These reductions are roughly proportional to car
standard reductions.
Taken together, the new tailpipe standards reduce tailpipe HC
about 40% and tailpipe NOx about 60%.
Useful life requirements are also extended by the new law
- useful life means that portion of vehicle life during which
the manufacturer is responsible for emissions compliance and
component durability
current useful life is 5 years/50,000 miles for passenger
cars
amendments extend useful life to 10 years/100,000 miles
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Slide 16: Cold Temperature CO Tailpipe Standard
o In the past, tailpipe standards have only been applicable at
75 degrees f.; and manufacturers optimized emission controls
for these temperatures.
o Cold weather reduces the effectiveness of catalytic
converters, hindering fuel vaporization and allowing emissions
to increase drastically.
o Therefore, a large proportion of CO emissions are generated
when a car is first started; with the highest emissions
occurring in cold weather. For example a car started at 20
degrees emits over 10 times more CO than the same car started
at 75 degrees.
o The new law responds to this by establishing a CO tailpipe
standard for cars and light duty trucks of 10.0 GPM beginning
with 1994 models
o Having a cold temperature CO standard will greatly help the
41 cities, that currently are not attaining the CO ambient air
quality standard, succeed in doing it.
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Slide 17: Reformulated Gasoline"
o The new law requires reformulated gasoline to be sold in the
9 worst ozone cities beginning in 1995.
o These cities are:
Los Angeles
Baltimore
Chicago
Houston
Milwaukee
New York City
Philadelphia
San Diego
Hartford
o Reformulated gas contains oxygen carrying additives
(oxygenates) to enhance the combustion process resulting in
lower HC and CO emissions from engines and more efficient
oxidation in the catalyst
o As the overhead shows, the new law requires that reformulated
gasoline:
contain at least a 2.0% oxygen (averaging allowed)
results in 15% less VOC and air toxics emissions from
1990 conventional fuel;
by 2000, results in 25% less VOC and air toxics, unless
EPA determines this to be infeasible, in which case the
reduction must be 20%;
contain no more than 1.0% Benzene (averaging allowed)
contain no more than the amount of aromatics necessary
to meet the air toxics reduction requirements but no more
than 25% by volume
o Since the combustion of reformulated gasoline can cause
increased emissions of NOx, the new law prohibits vehicles
burning reformulated gasoline from increasing NOx emissions
beyond levels associated with vehicles using conventional
gasolines.
o The new law also allows refiners to comply with the
reformulation requirements any way they want, but they can't
"dump" compounds into the fuel going to cities that are not
subject to these requirements.
o Finally, anti-deposit detergents, which control engine
deposits that can cause combustion problems and emission
increases, must be added to all gasoline nationwide.
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Slide 18: Oxygenated Fuels CO Program
o The new law requires all gasoline in the 41 CO nonattainment
areas to be oxygenated during the winter months beginning in
1992.
o Oxygenates promote better oxidation of hydrocarbons. By adding
small amounts of oxygenates to gasoline, the engine can be
made to burn more efficiently, reducing CO emissions by as
much as 20%.
o Oxygenates include ethanol, methanol, ETBE and MTBE. ETBE and
MTBE are ethers made from ethanol and methanol, respectively.
All the oxygenates are high octane ingredients.
o Several cities, including Denver and Phoenix, already require
oxygenated fuels to be used in cars in the wintertime. In
Denver, CO levels have decreased dramatically.
o The new legislation is, in part, a response to this and other
successes, which cities have voluntarily undertaken.
o As the overhead indicates, the new law requires the wintertime
oxygen level to be 2.7%; and provides a 1 pound per square
inch exemption for ethanol blends from existing RVP
requirements.
o The law also allows EPA to delay program initiation on an
area-by-area basis up to 2 years if the Agency determines that
there is insufficient domestic supply and distribution
capabilities.
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Slide 19: Clean Fuels for Fleets
o "Clean fuels" include:
compressed natural gas (cng)
ethanol
methanol
liquified petroleum gas (Ipg)
electricity
reformulated gasoline
and possibly other fuels
o The new law, which applies to centrally fueled fleets of at
least 10 vehicles, requires 30% of new fleet vehicle purchases
to meet the California LEV standards, beginning in 1998,
unless cars meeting these standards are not yet being offered
for sale in California, in which case the requirement applies
by 2001.
o Urban fleets are suitable for this new law because many are
fueled at central terminals and do not venture far from the
city limits and location of the fuel pumps.
o Ultimately, the new law will require 70% of new fleet
purchases to meet the California standards; either by 2000 or
2003, depending on whether the program begins in 1998 or 2001 .
o The California low emitting vehicle (LEV) standards are:
0.075 NMHC
3.4 CO
0.2 NOx
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Slide 20 - California Clean Car Pilot Program
o Because of California's severe air pollution problems, the new
law requires a California Clean Car pilot program to
demonstrate whether vehicles and fuels can meet standards more
stringent than those applicable in the other 49 states.
o The law establishes emission standards and requires the auto
and fuel industries to figure out whether to meet the
standards by vehicle controls, new fuels, or a combination of
each.
o California will ascertain in advance what the fuel
requirements will be, then adopt a program to assure that the
fuel is available.
o States may voluntarily opt-in to the Federal pilot program for
California through the inclusion of incentives in their SIP
for the sale and use of California vehicles and any unique
fuels they require.
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Slide 21: Urban Buses
o The new law requires regulations for urban buses: large city
transit buses; not school buses or Greyhound-type inter-city
buses.
o The new law's urban bus control program has three key
elements:
a stringent diesel particulate standard of 0.1 grams per
horsepower-hour beginning in 1993. This represents a 90%
reduction in particulate emissions from uncontrolled levels.
a requirement that all urban buses meet a 0.05 particulate
matter standard beginning in 1994, (which EPA can raise to
0.07 grams) unless EPA finds that level is not feasible; in
that case the standard will be 0.07. If EPA finds that buses
in-use are not meeting the 1994 standard, EPA must implement
a low polluting fuels program for new buses in large cities
- buses in large cities which have their engines replaced or
rebuilt in 1995 or later must meet emission standards set by
EPA reflecting the best retrofit technology achievable
o In the event that the low polluting fuel program is
implemented, EPA believes the fuel could be methanol or
compressed natural gas. In fact, the major manufacturers of
bus engines will offer methanol and CNG engines for sale
beginning in 1991.
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Slide 22: Non-Road Engines
o The previous Clean Air Act gave EPA no authority to regulate
emissions from non-road vehicles or engines.
o These include boats, locomotives, farm equipment, bulldozers,
and lawn and garden equipment, etc.
o The new law gives EPA authority to regulate these air
pollution sources but requires the Agency first to study
emissions from non-road engines within 12 months of enactment.
o Using the results of this study, EPA must promulgate
regulations controlling emissions from those non-road engines
contributing significantly to urban pollution; such
regulations would require the greatest degree of emission
reduction achievable.
o While California and other states are prohibited from enacting
standards for construction and farm equipment engines less
than 175 hp, California may require more stringent standards
for other non-road engines and other states may adopt the
standards that California adopts. This is to prevent
manufacturers from having to produce three configurations of
engines or vehicles.
o Standards for new locomotives are required within 5 years.
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Slide 23: Additional Fuel and Auto Requirements
o The new law requires onboard refueling controls to reduce
volatile hydrocarbons that escape into the atmosphere when
gasoline vehicles are fueled.
o These controls will be applied through regulations after EPA
consults with DOT about the safety issues.
o On board controls will be phased in over a 3 year period
beginning with the 4th model after a regulation is
promulgated.
o Currently, gasoline vehicles are equipped with devices to
catch evaporative hydrocarbons when parked in hot weather—
but not to catch refueling losses.
o Except where "stage II" vapor recovery is required, these
vapors are released into the atmosphere.
o "Onboard" control vehicles will carry collection equipment
(simple charcoal canisters) to capture refueling vapors, and
store them to be burned in the engine as fuel.
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Clean Air Act Amendments of 1990
Air Toxics Provisions
Talking Points
Slide 25: INTRODUCTION - WHY IS NEW AIR TOXICS LEGISLATION
NEEDED?
o The way the 1977 Clean Air Act addressed air toxics has
failed. Only seven chemicals have been listed as hazardous.
o The burdensome findings within the 1977 law are the root of
EPA's difficulty in controlling air toxics. EPA had to
prove that air toxics regulations protect public health with
an ample margin of safety. Although this test does not
sound unreasonable, the current risk assessment procedures
have proven in most cases to be unable to demonstrate an
ample margin of safety with the certainty needed to develop
and defend a regulatory action.
o The new law restructures the decision making process for
developing air toxics regulations. Instead of having to
prove an ample margin of safety, EPA will simply apply the
controls and techniques demonstrated to have been most
effective and efficient at facilities within the same
industry.
o Another significant change is that EPA no longer has to list
pollutants as hazardous. The new bill provides a list of
about 190 pollutants which are automatically considered to
be air toxics.
o Also the air toxics regulations under the new bill will be
directed at industries rather than at specific toxic
pollutants. This means rather than regulating facilities
multiple times for each toxic pollutant they emit, EPA will
regulate an entire source category (industry) simultaneously
addressing all of the toxics emissions at one time.
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Slide 26: MAJOR NEW PROVISIONS
o These are the major elements of the new air toxics
provisions.
o The list of hazardous air pollutants in the new law and the
list of source categories, or industries, which emit one or
more of these pollutants.
o The technology based regulations will be applied to the
listed industries. These standards are called Maximum
Achievable Control Technology standards or "MACT."
o There are specific provisions of the new law which address
small sources that emit air toxics. These small sources are
called area sources and can be a serious health problem in
urban areas.
o The second phase of air toxics regulation is called the
residual risk phase and is directed at lowering the risk
remaining after MACT has been applied to acceptable levels.
o Finally, I will discuss the portion of the new law which
addresses accidental releases of toxics pollutants.
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Slide 27: POLLUTANT AND SOURCE CATEGORY LISTS
o Chemicals
The new law establishes a list of 189 pollutants which
are designated as hazardous. The list includes some
chemical classes that are actually groups of chemicals that
have a common feature.
For example, chromium compounds. These are chemicals
which contain chromium and, although we do not fully
understand the toxicity of each of these chemicals, all are
considered to be toxic because they contain chromium which
is a suspected human carcinogen.
o Petitions
EPA can, administratively or in response to a petition,
add or remove substances from this list. If EPA receives a
petition on a certain chemical, there is an 18 month review
period to respond to the petitioner. The burden of proof
for listing or delisting a chemical is on the petitioner.
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Slide 28: POLLUTANT AND SOURCE CATEGORY LISTS (CONT)
o List of Categories
Within 1 year of enactment, EPA will publish a list of
source categories which emit one or more of the listed
compounds. Both major sources and area sources must be
included on this list.
EPA can also be petitioned to remove source categories
from the source category list. Upon showing by a petitioner
that all of the sources within a source category pose less
than a 1 in 1 million risk of cancer to the most exposed
individual and an ample margin of safety for non cancer
effects, EPA is required to remove the source category form
the list.
o This list essentially determines EPA's regulatory agenda.
EPA must promulgate regulations for all of the
source categories on this list within 10 years after
enactment.
o Major Sources
A major source is a facility which emits more than 10
tons of any single listed pollutant or more than 25 tons of
a combination of listed pollutants per year.
Because the toxicity of the listed compounds varies
widely, a lesser quantity for the major source threshold can
be defined for very toxic pollutants.
o Area Sources
Any source which emits listed pollutants below this
threshold is defined as an area source. As mentioned, area
sources must be included on the list.
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Slide 29: MACT AND EARLY REDUCTIONS
o MACT
The standards applied to the source categories on the
list discussed on the previous slide are subject to
technology based standards called MACT, or the maximum
achievable control technology.
These standards are defined based on the best control
technology and practices which have been demonstrated by
sources within the same source category.
- For new sources, MACT is defined as the controls achieved
in practice by the best controlled similar source.
For existing sources, MACT is defined as the control
achieved in practice by the best performing 12% of similar
sources for large source categories (30 sources or more) and
the average of the best performing 5 source for smaller
source categories.
Compliance with all of these standards must be
achieved within 3 years of promulgation and sources may
receive an additional year if EPA deems it necessary.
o Early Reductions
Provision were included in the new law that create an
incentive for facilities subject to air toxics regulations
to achieve early reductions.
Facilities which reduce their plant-wide annual emissions
of all listed toxics by 90% for organics and 95% for
particulates will receive a 6 year extension in addition to
the 3 years already allowed to comply with MACT standards.
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Slide 30 - AREA SOURCES
o Again, area sources are smaller sources which emit less
than 10 or 25 tons of listed pollutants. Examples of these
sources are dry cleaners, gas stations and chrome
electroplaters.
o The new law incorporates some special provisions for area
sources:
EPA is required to carry out studies of the emissions
and risk due to area sources in urban areas.
In addition, EPA must develop a strategy to reduce the
emissions and risk from these sources.
The goal of this strategy is to reduce the cancer
incidence attributable to these sources by 75%.
o In addition to the study and strategy, EPA must list enough
area source categories on the source category list to
account for 90% of the nationwide area source emissions of
30 selected pollutants. These pollutants will be the most
hazardous from an area source perspective and will be
selected as part of the area source strategy.
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Slide 31: SCHEDULE FOR STANDARDS
o The new law contains a schedule which EPA must follow for
promulgating the MACT standards. All standards must be
promulgated based on the hazard associated with the source
category being regulated and the efficiency of grouping
source categories.
o EPA must promulgate MACT standards for 40 source categories
plus coke ovens within 2 years after enactment. Standards
for 25% of the remaining source category list are due in 4
years. The standards for the next 25% are due in 7 years
and all of the source categories must be regulated within 10
years of enactment.
o If EPA misses this schedule, the bill includes a "hammer"
provision:
All sources that would have been subject to a standard
which EPA failed to promulgate on time must be
permitted at a level of control, certified by an
independent engineer as the best control, within 18
months of when the promulgation was scheduled.
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Slide 32: RESIDUAL RISK
o The purpose of the residual risk phase is to evaluate the
public health and environmental risks remaining after MACT
has been applied and to determine whether additional
standards are warranted.
o The new law contains a risk "trigger" for setting standards.
In cases where at least one source in the source category
exceeds 1 in 1 million risk for the most exposed individual,
standards must be promulgated.
o Once the standard setting trigger has been exceeded,
however, EPA is not required to set standards which reduce
the risks to below 1 in 1 million cancer risk for the most
exposed individual. The guidelines for setting these
standards are based on law in the 1977 Act which requires
that emissions standards protect public health with " an
ample margin of safety".
o In interpreting the 1977 language on ample margin of safety,
EPA has established a set of decision rules.
In a nutshell, these decision rules say that EPA will
establish standards to protect the most exposed
individual in the population to a risk of cancer below
1 in 10,000 and the majority of the exposed population
to a risk of less than 1 in 1 million.
These are not bright line risk levels, but risk targets
which may occasionally be exceeded given the specifics
of the risk assessment and the source category to be
regulated.
o There are also two studies of risk assessment method and a
Risk Commission to review risk assessment and its use in
regulatory decision making included in the bill.
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Slide 33: ACCIDENTAL RELEASES
o In addition to routine releases of air toxics, the Congress
and EPA are also very concerned about sudden accidental
releases of toxic materials such as the accident in Bhopal,
India.
o The bill contains a special section to address the problem
of accidental releases:
EPA is required to list at least 100 chemicals which
are extremely toxic in accidental releases and
promulgate regulations for the prevention of accidental
releases.
o As part of these regulations, all facilities which handle
one or more of the listed substances will be required to
prepare and file a hazard assessment and a risk management
plan. The purpose of the hazard assessment and risk
management plan is to identify hazards at a facility and to
plan for the contingency of a chemical accident.
o This section also creates a chemical safety board similar to
the national transportation safety board which will
investigate major chemical accidents.
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Slide 34 - SPECIAL PROVISIONS (Optional)
o There are numerous special provisions within the air toxics
title. In a short talk it is impossible to cover all of
these provisions. Some of the major special provisions and
studies are listed on this slide.
o I have already mentioned the risk assessment studies. There
is also a study on atmospheric deposition of air toxics to
the Great Lakes. Following this study EPA is required to
promulgate regulations within 5 years of enactment.
o There are also special provisions for coke oven batteries
and utilities. Coke ovens can receive a waiver of the
health based residual risk standards until 2020 in exchange
for compliance with fairly stringent standards soon after
enactment. The study of utility toxics emissions will
determine if regulation of air toxics emissions from
utilities is warranted.
o There are a host of additional studies which I will not go
into but I would be glad to take your questions.
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Clean Air Act Amendments of 1990
Acid Rain Provisions
Talking Points
Slide 37: ACID RAIN PROGRAM (INTRODUCTION)
o The Clean Air Act Amendments of 1990 include an ambitious new
program to control deposition of acidic compounds.
o This new program calls for significant reductions in S02 and
NOx, the pollutants primarily responsible for acid deposition.
o The centerpiece of the acid rain program is an innovative
market-based emission allowance program which will provide
affected sources flexibility in meeting the mandated S02
reductions.
o Compliance with the program requirements will be assured
through permits and compliance plans, continuous emissions
monitors, compliance certification requirements, excess
emission fees and emission offset requirments.
o The new law provides specific incentives for use of renewable
energy sources, clean coal technologies and energy
conservation measures. Also, the market based allowance
program provides significant incentives for the use of least
cost control options which are likely to include conservation
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Slide 38: EMISSION REDUCTIONS
o SO2 Reductions
The acid rain provisions require a ten million ton
reduction of sulfur dioxide emissions from 1980 levels.
To give affected units maximum flexibility in reducing
these emissions, the new law authorizes the use of a variety
of compliance mechanisms, including an innovative system of
marketable emission allowances.
As will be discussed in more detail shortly, an allowance
is what is commonly referred to as an emission permit, or
marketable emission reduction credit.
- An allowance provides "affected sources" with the authority
to emit 1 ton of S02, and affected sources must not emit more
sulfur dioxide than they hold allowances for.
The 10 million ton reduction of S02 will be accomplished
in two phases:
- In the first phase of S02 reductions, which begins in
1995, large, high-emitting coal fired utility units will
be affected.
Each unit (roughly 265 units in 110 plants) have an
output capacity greater than or equal to 100 megawatts
and emit at a rate greater than or equal to 2.5 Ibs/mm
Btu.
These units will receive allowances equal to 2.5
Ibs/mm Btu times the unit's "baseline", which is defined
as its 1985-1987 fuel consumption - an average of 40%
reduction at these plants.
- In the second phase of S02 reductions, which begins in
2000, about 2000 utility units with output capacity
greater than or equal to 25 megawatts are included in the
allowance system. Those with 75 megawatts and with rates
greater than or equal to 1.2 Ibs/mm Btu will be allocated
allowances equal to 1.2 Ibs/mm Btu times the units'
baseline - roughly a 65% reduction in forecasted
emissions at these plants.
SO2 Cap
An essential provision, one that guarantees lasting,
permanent S02 reductions, is the so-called S02 cap
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The legislation establishes a permanent cap on S02 utility
emissions of 8.95 million tons which becomes fully effective
in the year 2000.
This is to be accomplished by limiting allowances to
existing sources (as described above) and in allowance
allocations to even clean sources roughly equivalent to a 20%
increase above current levels. All new sources are required
to buy into the allowance system, i.e., new sources will not
be allocated allowances but will have to purchase them
starting in Phase II.
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Slide 39: Emission Reductions (CONT.)
o NOx Reductions
The entire legislation will also achieve a 2 million ton
reduction in NOx, a significant portion of which will come
from utilities under Title IV.
This is to be accomplished by requiring utility boilers to
meet tough new emission requirements. Specifically, the
legislation sets stringent new NOx emissions rates for
existing tangentially-fired and dry bottom wall-fired utility
boilers.
The rates are set at a level expected to be achievable
through the use of low NOx burner technology. Phase I boilers
of these types must comply by January 1, 1995; Phase II by
January 1, 2000.
EPA must also set new rates for other utility boiler types
by January 1. 1997. These are to be set taking into account
available technology, energy impacts and the costs incurred
by compliance with the NOx controls required above.
To ensure that NOx emissions are kept in check, EPA must
promulgate revised New Source Performance Standards for NOx
emissions from new fossil fuel-fired steam generating units.
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Slide 40: INNOVATIVE MARKET-BASED ALLOWANCE PROGRAM
o As noted earlier, allowances will be issued annually to
affected utility sources based on their baseline fuel use and
the emission rate required by the legislation.
o An allowance authorizes the affected source to emit one ton
of S02. Once allocated, an allowance is fully marketable.
The fundamental allowance rule is that an affected source must
hold enough allowances to cover its emissions.
o Sources can comply with this rule through one of several
methods:
by reducing emissions (through the installation of
pollution control equipment, fuel switching or
conservation) to the level of allowances it holds; or,
by obtaining additional allowances to cover its emissions
o Sources can also elect to:
substitute alternative plants in Phase I
pool emissions reduction requirements across 2 or more
affected units, or
craft compliance strategies using limited time extension
provisions found in the legislation.
o As noted above, a source can comply by obtaining additional
allowances, sufficient to cover its emissions. These
allowances can be obtained in a number of ways:
1) A source can obtain allowances through transfers from
other units within its utility system;
2) A source can buy additional allowances on the open market
from another source. That other source may have spare
allowances for a number of reasons - perhaps because it
exceeded its control requirements, thus freeing up allowances
for sale permanently or for a limited period of time.
3) A source can obtain allowances from an industrial source
that has cost effective reductions and elects to opt in to the
allowance system.
4) Sources will be able to obtain allowances through the
required EPA allowance auctions and sales.
o We believe that the allowance trading system provides numerous
benefits over the traditional command and control type of
regulation:
First, by not demanding a specific control option, the
legislation provides sources with the flexibility to develop
the most cost effective control strategy. We believe that
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this flexibility will yield significant compliance cost
reductions.
I - In addition, the allowance trading system incorporates an
' incentive for energy conservation and technology innovation,
both of which can lower the cost of compliance and yield
pollution prevention benefits.
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Slide 41: ASSURED COMPLIANCE
o Emission Monitoring
To ensure that the legislation's objectives are met,
continuous emissions monitoring or equivalent alternative
methods are required on all sources subject to Title IV
requirements. Emissions data will be used to ensure
compliance and monitor the progress of the program.
Monitoring will be required for S02, NOX/ opacity, and
volumetric flow rate. Phase I units must comply with
monitoring requirements within three years of enactment.
Phase II units must comply with monitoring requirements by
January 1, 1995.
o Permits and Compliance Plans
As with other CAA requirements, the basic implementing
vehicle for the acid rain program will be operating permits
and compliance plans.
All affected sources must prepare and submit permit
applications and compliance plans.
In the case of NOx, permits would state that a source may
not emit in excess of the applicable emissions limitation.
In the case of S02, the permits would state that a source may
not emit in excess of the allowances it holds.
EPA will issue Phase I permits. Permits for Phase II will
be issued by States with EPA-approved permit programs.
One key component of the permit will be a compliance plan.
Compliance plans specify which of the alternative methods of
compliance the source has chosen as a compliance strategy.
Emission and Allowance Tracking
As compliance with S02 requirements will necessitate a
comparison of emissions and allowances, EPA will develop
automated tracking systems for each. The allowance tracking
system will keep records of allowance holdings, and will be
constantly updated to record the status of allowances traded.
An automated permit information system is also contemplated.
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o Excess Emission Fee and Offset Requirements
Finally, the flexible allowance trading system is
complemented by an automatic compliance technique:
Any unit which exceeds its annual S02 allowance
holdings or NOx emission limitation will be subject to
an automatic fee of $2000 per excess ton with regard to
S02, such exceeding sources will also be subject to a
requirement to offset those excess tons the following
year. In the case of S02, the fact that this certain
sanction substantially exceeds the expected cost of
compliance through the purchase of allowances should
prove a strong incentive which will help to assure
voluntary compliance.
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Slide 42: RENEWABLE ENERGY, CLEAN COAL TECHNOLOGY AND ENERGY
CONSERVATION INCENTIVES
o The legislation allocates additional bonus allowances to
sources which undertake the development of renewable energy
projects, use conservation techniques.
o In addition to providing a four year delay in compliance
requirements for sources which use clean coal technologies,
certain clean coal technology demonstration projects are
exempt from NSPS and New Source Review requirements.
o Finally, the allowance system creates an inherent incentive
to engage in conservation and promote efficiency, since a ton
of emissions reduced through these activities is one less
allowance a source will have to purchase or use in order for
it to meet its allowable level of emissions.
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Slide 43: Clean Air Employment Transition Assistance
o PROGRAM PURPOSE
This program reflects a Congressional & Administration
compromise for mitigating the impacts on workers who are
dislocated from the Clean Air Act amendments.
The Acid Rain Title was the impetus for this program
because those persons anticipated to lose their jobs due
to CAA are high sulfur coal miners.
Specifically, these provisions amend Title III of the
Job Partnership Training Act
o KEY ELEMENTS
The program provides additional assistance to dislocated
workers in the form of job extended monetary assistance,
job search allowances and relocation assistance.
It is not an entitlement but a limited enrollment
program.
$250 million will be allocated to operate the program,
$50 million for each year for years 1991 through 1995.
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The Clean Air Act Amendments of 1990
Operating Permits
Talking Points
Slide 45: Why Are Operating Permits Needed?
o We need an operating permits program because we have
insufficient tools for managing compliance with the Clean
Air Act and for enforcing the law.
o With the new, more far-reaching law, this deficiency would
have become even more evident.
o The Clean Air Act Amendments of 1990 include an entirely new
program requiring all large and certain smaller pollution
sources to have a permit that lists each source's operating
or pollution control requirements.
o This new program creates a more effective process for
defining the obligations that a pollution source has under
the Act. It also enhances EPA's ability to enforce the
Act, provides greater certainty to industry, and generates
essential revenues sufficient for the State to recover the
reasonable costs of developing and administering the permit
program.
o This program should be looked upon as step toward better
government administration of air quality control programs; a
step leading to indirect benefits to air quality. It should
not be considered yet another construction permit program
for achieving direct air quality benefits. We have those
programs and they do the initial job of ensuring that new
and modified sources build their facilities in accordance
with the law.
o The success of the program depends very heavily upon the
clarity of the regulations which EPA must develop and a
common sense approach to implementing the program. Without
this, we will only present bottlenecks in the system, thus
hindering efforts toward better air quality.
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Slide 46: Major Elements
o To offer an understandable perspective of this program's key
requirements, we have divided this presentation into five
areas.
o The breadth or scope of the program offers important insight
into who is affected and how extensive the role of EPA and
the States will be in administering the program.
o How the program is developed and when certain milestones
have to be met also provides a key perspective.
o What authorities States must have to administer its share of
the program and the actual role of the States in the program
are also important.
o Finally, we must understand what has to be in a permit and
how permits are actually issued.
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Slide 47: Program Scope
o The operating permit program applies to pollutants regulated
under the Act that are emitted from:
All Major Sources: "Major sources" refers to those
source with the potential to emit 100 tpy or more or
any regulated pollutant, but also include:
o sources emitting 50 tpy of VOC in serious ozone
nonattainment areas;
o 25 tpy in severe areas, and 10 tpy in extreme areas
as defined in Title I;
o sources emitting 70 tpy of PM-10 in serious PM-10
nonattainment areas;
o and sources of certain hazardous pollutants ranging
down to 10 tpy under Title III of the Act.
Other Sources. Other sources would include
sources subject to regulation under the following
EPA programs:
o new source performance standards,
o national emission standards for hazardous air
pollutants,
o prevention of significant deterioration,
o new source review,
o and acid precipitation.
o Geographic Coverage. The program applies to all geographic
areas within each State, regardless of the attainment status
of such areas.
o Exemptions/Additions. EPA may not exempt a major air
pollution source, but the Agency may exempt a source
category if it determines that permits for that category are
"impracticable, infeasible, or unnecessarily burdensome."
The Agency can add sources through rulemaking.
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Slide 48: Program Development
o EPA Regulations.
EPA is responsible for issuing program regulations
within 1 year of the date the new law is enacted.
These regulations must define the minimum elements
of an acceptable State operating permit program.
o State Program.
Each State must submit a permit program to EPA
within 3 years of enactment.
States that receive interim rather than full
approval must submit any changes necessary to obtain
full EPA approval within 2 years of the date interim
approval was received.
o EPA Review and Sanctions.
EPA has up to 1 year to approve or disapprove the
initial State program submittal.
A State has 180 days to revise its submittal in
response to EPA identified deficiencies.
Long term failure of a State to develop and
implement an acceptable program will result in the
imposition of certain sanctions
Ultimately, EPA could be required to implement a
federal permit program.
o Initial Permit Applications.
Complete permit applications from individual sources
are required to be submitted to EPA within 1 year of
the effective date (i.e., date of EPA approval) of
their program.
The permitting authority must establish a schedule
for acting on initial permit applications which assures
that at least one-third of the initial permit
applications submitted will be acted upon annually over
a period of no more than 3 years from the effective
date of the program.
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Slide 49: State's Role
o Statement of Adequate Authority.
The submittal must contain a statement that the reviewing
authority has adequate statutory authority to implement and
enforce the program. This includes the ability to:
issue fixed term permits (not to exceed 5 years)
that assure compliance with all applicable Act
requirements,
prevent permit issuance if EPA objects in a timely
fashion,
terminate, modify, or revoke and reissue permits for
cause, and to recover civil penalties of not less than
$10,000 per day for each violation and appropriate
criminal penalties.
o Standard Application Form.
The submittal must contain a standard application form which
addresses the minimum data elements (to be defined by EPA) that
define a complete application.
o Demonstration of Adequate Permit Fees.
The submittal must contain a demonstration of
resource adequacy (including a fee schedule sufficient
to offset all reasonable direct and indirect costs
required to develop and administer the permit program),
a summary of the personnel involved, and a
description of how the State agency will accomplish the
transition from its current situation.
The fee schedule must presumptively collect at least
$25 per ton per year (tpy) of regulated pollutants
(except CO) up to 4,000 tpy, unless the State
demonstrates that a lesser amount adequately reflects
the reasonable costs of the program.
o Regulatory Provisions.
The submittal must contain regulations to ensure
that each source obtains an appropriate permit pursuant
to an expeditious and reasonable permit issuance
process.
The subsequent two slides on regulatory provisions
will cover the requirements for permit issuance and
permit content in more detail.
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Slide 50: Permit Issuing
o Expeditious, Reasonable Procedures.
The regulatory provisions must ensure that adequate,
streamlined, and reasonable procedures exist for:
o expeditiously determining when applications are
complete,
o processing such applications,
o adequate public participation (including opportunity
for public comment and a hearing),
o expeditious review of permit actions, allowing for
judicial review in State court.
o Timing of Permit Application, Review, and Issuance.
Sources required to have a permit under Title IV must
submit a complete permit application to the permitting
authority within 12 months of the effective date of the
program (i.e., date of EPA approval).
The permitting authority must then issue or deny the
permit within 18 months, except during the initial phase-in
period where more time is potentially needed to avoid a
backlog.
If an applicant has submitted a timely and complete
application but final action has not been taken on the
permit, the applicant can not be found to be operating
without a valid permit.
o Copies, Availability.
States must make copies of each permit application,
compliance plan, emissions or compliance monitoring report,
certification, and each permit issued under this Title
available to the public.
Confidential business information including permits will
be protected.
o Notification to EPA and Affected States.
Copies of each permit application and compliance plan,
not subject to protection from disclosure, are to be made
available to the public.
o In addition, permitting authorities must provide copies
of each application and compliance plan to the EPA for
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review, and notify the appropriate agency within all States
whose air quality may be affected by emissions from a
particular source, including contiguous States and other
States within 50 miles of the source.
o EPA Review and Public Petition.
If the EPA determines that a permit contains provisions
not in compliance with the applicable requirements of the
Act, the EPA can prevent the permit from being issued by
providing the applicant and permitting authority written
reasons for objecting to the permit within 45 days of EPA's
receipt of the proposed permit.
If EPA fails to object to a permit that violates the Act,
affected parties may petition EPA within 60 days after the
expiration of EPA's 45-day review period.
Once the objection has been filed with EPA, the
Administrator must grant or deny the petition within 60
days.
Judicial review of the Administrator's decision on a
petition from a citizen will be held in the appropriate
Federal court of appeals.
o Reopening.
In general, permits can be reopened for cause. Permits
with a term of 3 years or more must include a provision that
allows the permitting authority to require revisions to the
permit to incorporate applicable standards promulgated under
the Act after the permit is issued.
Such revisions must be made within 18 months of the
promulgation of new Act standards.
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Slide 51: Permit Contents
o Shield.
Compliance with the permit is deemed to be compliance
with the Act if certain conditions are met [section
404(f)(1) and (2)], unless EPA narrows this through
rulemaking.
o Required Provisions.
The State regulations required under this program must
ensure that permits issued include the following provisions:
- A schedule of remedial measures, including an
enforceable sequence of actions or operations, leading to
compliance with an applicable SIP, emission standard,
emission limitation, or emission prohibition.
A fixed permit term, not to exceed 5 years.
Any necessary requirements for inspection, monitoring,
compliance, certifications, and reporting to assure
compliance with the permit terms.
A compliance certification by a responsible corporate
official.
A provision describing conditions under which any permit
with a fixed term of 3 or more years can be reopened to
incorporate any new standard or regulation promulgated under
the Act.
Provisions under which the permit can be terminated,
modified, or reissued for cause.
Provisions ensuring that a source making anticipated
changes in its operation can do so without modifying its
operating permit, as long as the changes do not involve a
modification under Title I and do not exceed permit
conditions.
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Clean Air Act Amendments of 1990
Enforcement Provisions
Talking Points
Slide 53: Summary
o The Amendments modernize enforcement provisions:
They adopt features of other more recently revised
environmental statutes (Clean Water Act, Superfund, TSCA).
For example, the administrative penalty authority is
modelled after the Clean Water Act.
The new enforcement measures also bring CAA into accord
with other environmental statutes. For instance, they
provide for civil penalties in citizen suits, as in Clean
Water Act and RCRA.
The new Act changes the mix of enforcement actions,
increasing criminal and administrative actions
Currently, most enforcement consists of civil judicial
actions in district court
New clear standards will enhance enforceability of Act
The new permit program will necessitate clearly
expressed emission and other operating limitations
So will the requirement for sources to provide more
performance information to EPA.
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Slide 54: New Criminal Features
Knowing violations of the Act are raised from misdemeanors
to felonies
Knowing substantive violations become felonies, with
maximum imprisonment increased from 1 to 5 years.
Monetary penalties will be based on the sentencing
guidelines which cover the entire body of federal
criminal law.
New categories of crimes are also created
1) For violators who knowingly release hazardous air
pollutants and thereby endanger the life of another
person—authorizes felony-level sanctions with maximum
imprisonment of 15 years and fines according the
criminal code.
For violators who negligently release such pollutants
and endanger someone else (the Bhopal scenario), a
misdemeanor prosecution may be pursued.
2) For knowing recordkeeping violations (felony) and fee
violations (misdemeanor)
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Slide 55: New Administrative Features
o Authority for EPA to levy administrative penalties
$200,000 maximum
Opportunity for Administrative Procedures Act
hearing upon request within 30 days
o Authority for EPA to issue field citations for minor
violations of regulations
$5,000/violation; $25,000/in a six month period
Opportunity for informal hearing
o Expanded administrative compliance order authority
Compliance schedules may last up to 12 months
Contractor listing - Expands authority for EPA to bar whole
company, not just single facility that was involved in the
violation. May extend bar to subdivision of the entity
which owns or operates the facility.
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Slide 56: Other Measures
Compliance Monitoring
o Compliance certification
EPA has authority to require enhanced monitoring and
submission of compliance certifications of owners of
major stationary sources
Administrative subpoenas
Authority expanded beyond subpoenas in support of
rulemaking. Gives EPA authority to issue subpoenas in
support of enforcement activities as well.
o Presumption of continuing violation
Shifts burden of proof to source to prove compliance
once EPA proves violation, and makes prima facie
showing that the violation is likely to have continued,
Citizen Enforcement
o Citizens are authorized to sue for penalties and injunctive
relief.
Penalties go to U.S. Treasury
U.S. has right to intervene, to receive pleadings,
and to review draft settlements
Monetary awards to citizens for providing information in aid
of enforcement
Awards of up to $10,000 to individuals
Person Operator Definition
o New definitions are designed to limit civil and criminal
actions against individuals to senior managers except for
knowing and willful violations.
1) "Operator" includes "senior management personnel or a
corporate officer."
2) Except for knowing and willful violations in criminal
cases, "person" does not include employees who carry out
their normal activities and who are not a part of senior
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management or a corporate officer, for cases involving
negligent endangerment
3) For other offenses, an employee carrying out his normal
activities and who is acting under orders from the employer
is also not considered a person for these purposes.
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Clean Air Act Amendments of 1990
Stratospheric Ozone Provisions
Talking Points
Slide 58: Major Sections
o The Clean Air Act Amendments of 1990 include new provisions
tt for protecting stratospheric ozone.
o The provisions have been organized into these major subject
I areas:
Controls
Emission Reductions and Recycling
^ - Labeling
• - Nonessential Uses
™ - Safe Alternatives
Methane
- Procurement
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Slide 59: Controls
o The controls on fully halogenated compounds (ozone depleting
substances) require a phase-out of production and
consumption.
o The two classes of ozone depleters are specified. Class I:
CFCs, halons, carbon tetrachloride and methyl chloroform.
Class II: hydrochlorofluorocarbons (HCFCs).
For Class I substances, interim reductions are
specified for the next 5 years. CFCs, halons and
carbon tetrachloride are to be phased out by 2000;
methyl chloroform by 2002.
Restrictions on the uses of Class II substances take
effect in 2015 and are phased out by 2030.
o Limited exceptions to phase-out requirements will be
authorized consistent with the Montreal Protocol.
o EPA promulgated a final rule on August 12, 1988 implementing
its Stratospheric Ozone Protection Program:
Based on the Montreal Protocol, an international
treaty, the program limits the production and
importation of chlorofluorocarbons (CFCs) and
halons.
The Protocol was revised in June, 1990 to require
a complete phase-out of CFCs and halons by 2000,
and of methyl chloroform by 2005.
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Slide 60: Emission Reductions and Recycling
o Requires the Administrator to reduce use and emission of the
Class I substances to the "lowest achievable level" and
maximize their recapture and recycling:
The first set of regulation, required by January
1, 1992, must cover air conditioning and
refrigeration sectors.
Within four years of CAA enactment, the Agency
must promulgate additional regulations on use and
disposal of all Class II substances and the use of
Class I substances not already covered, such as
foam blowing and solvent use.
o Requires the Administrator to establish standards for the
safe disposal of Class I and Class II substances in
appliances, machines or other goods by 1/1/92:
This includes requirements for removal before
disposal, servicing apertures, and reduction, to
the "maximum extent practicable", of releases into
the environment.
o Makes it unlawful to knowingly vent or otherwise knowingly
release or dispose of Class I or Class II substances in a
manner which permits the substance to enter the environment.
The venting ban is effective July 1, 1992. "De
minimis" releases are exempted.
o The new law also requires the Administrator to promulgate
regulations establishing standards and requirements for the
recapture and recycling of refrigerant during the servicing
of motor vehicle air conditioners (MACs) by January 1, 1992:
The regulations must set up a system for the
certification of persons performing service and
the certification of refrigerant recycling
equipment.
o It also bans the sale to persons other than MAC servicers of
refrigerant in containers of less than 20 pounds.
Effective in two years.
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Slide 61: Labeling (of Products using Ozone-Depleting Chemicals)
o Requires mandatory warning labels on all containers of Class
I substances or Class II substances, as well as on all
products containing class I substances:
Products manufactured with class I substances must
have a warning label unless substitutes are not
available.
In addition, products made with or containing
class II substances must have a warning label if
safe substitutes are available.
All products made with or containing Class I or
Class II substances must be labeled by 2015.
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Slide 62: Other Provisions
o Nonessential Products Containing Chlorofluorocarbons
Requires a ban of non-essential consumer products that
result in the release Class I substances into the
environment.
Specifically banned products include party streamers,
photographic cleaner and noise horns. EPA may ban
additional products.
Aerosols and non-insulating foam products containing or
manufactured with Class II substances (HCFCs) are also
banned, with some exceptions for flammability or worker
safety, beginning in 1994.
o Safe Alternatives
Requires the Administrator to recommend Federal
research programs, coordinate Federal procurement
practices and recommend measures to promote the
transition of the Federal government to safe
substitutes.
Requires the Administrator to promulgate regulations
that make it unlawful to replace any Class I or Class
II substance with any substitute which EPA has found
that may present an adverse effect to human health or
the environment, if EPA has identified alternative safe
substitutes are available.
The Agency must publish a list of substitutes
prohibited for specific uses and safe alternatives
identified for those uses.
In addition, all producers of substitutes for Class I
chemicals must provide to the Agency unpublished health
and safety studies on substitutes.
Producers must notify the Administrator not less than
90 days before new or existing chemicals are introduced
for significant new uses for Class I chemicals.
Regulations due within 2 years of enactment.
Federal Procurement
Requires EPA to work with GSA and DOD to develop
procurement requirements for each department and agency
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of the U.S. to conform its procurement regulations to
maximize the substitution of safe alternatives to
ozone-depleting substances. Rule due in 18 months.
o Methane Reports
Requires EPA to produce five reports on methane within
two years and one follow-up report within four years.
The reports will identify the sources of domestic and
international methane emissions and will analyze the
potential for preventing the increase of emissions.
The report due in four years will identify and evaluate
technical options to stop or reduce the growth in
methane emissions.
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Clean Air Act Amendments of 1990
Research Provisions
Talking Points
Slide 64: Overview
o We believe Congress' intention in developing this research
provision was to renew the existing research authorities in
the CAA to reflect current and future air pollution issues.
o Much of the existing research authority dates from the
original federal air pollution statute in 1955. The nature
of air pollution problems has changed over these years.
o The new law updates existing sections 103 and 104 of the Clean
Air Act.
o The original sections 103 and 104 of the Clean Air Act require
EPA to establish a national research and development program
for the prevention and control of air pollution. Section 104
relates to the combustion of fuels.
o The key research areas include: health, ecology, welfare,
technology and monitoring/modeling.
o The new law builds on these research areas and includes
additional issues such as acid precipitation, alternative
fuels and accidental releases.
o Throughout the new law, there is emphasis on appropriate
coordination with other Federal agencies. Many other Federal
agencies conduct air pollution research. This provision
establishes several mechanisms to prevent duplication of
efforts and ensure adequate coordination.
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Slide 65: Key Research Areas
o The new law specifies a number of key research areas which
EPA and others must address
Air Pollutant Monitoring and Inventories
o First, it requires EPA to conduct a program of research,
testing and development of new methods for monitoring,
modeling and sampling of pollutants.
Health Effects
o The new law also reaffirms EPA existing authority to conduct
basic environmental health research on the short and long term
health effects of air pollutants.
o It requires EPA to develop health risk assessment methods and
techniques for accidental and routine exposures.
Ecosystem Research
o EPA is also required to conduct a research program to improve
our understanding of the short term and long term causes,
effects and trends of ecosystems damage from air pollutants.
Accidental Releases
o EPA is required to oversee an experimental and analytical
research effort on modeling and controlling accidental
releases, with the experimental work to be carried out at
DOE's Liquefied Gaseous Fuels Spill Test Facility.
Pollution Prevention and Emissions Control
o EPA must conduct a basic engineering research and technology
program to develop, evaluate and demonstrate strategies and
technologies for air pollution prevention.
National Acid Precipitation Assessment Program
o The new law calls for an acid precipitation task force that
consists of the Administrator of EPA and heads of several
other agencies. This provision continues the acid deposition
research program established in 1980.
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Acid Deposition Research
Io This provision requires EPA to conduct specialized acid
deposition research.
g Clean Alternative Fuels
_ o EPA is required to conduct a research program to identify,
• characterize and predict air emissions for alternative fuels
™ and to determine the risks and benefits of alternative fuels
relative to those from gasoline.
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Clean Air Act Amendments of 1990
KEY MISCELLANEOUS
PROVISIONS
SLIDE 67: Outer Continental Shelf
o Emissions from air pollution sources on the Outer Continental
Shelf can contribute to air pollution problems on shore.
o The new law recognizes this, and requires EPA to promulgate
a rule controlling such sources. EPA has two years from
enactment to do this.
o The rule must apply to sources off the short of the Pacific,
Arctic, and Atlantic Coasts & the Gulf Coast of Florida,
including vessels servicing or associated with OCS sources.
o It also requires sources located within 25 miles of the coast
to comply with the same requirements as those for sources
located in the adjacent or shore area.
o The Administrator may exempt a source from a specific
requirement based on technical infeasibility or health and
safety concerns, but any resulting excess emissions must be
offset.
o The Administrator may delegate implementation and enforcement
authority to the states.
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Slide 68: Mandatory Class I Areas
o The visibility provisions essentially expand provisions in
current law under Section 169A (Visibility protection for
Class I areas) and Section 165 (Prevention of Significant
Deterioration).
o Current law requires remedying existing and preventing future
impairment of visibility from man-made air pollution in Class
I Federal Areas. We have 156 class I areas (e.g. National
Parks, Wilderness Areas) where visibility is an important
value, about two thirds of which are in the West.
o EPA rules to date have focused on monitoring the impacts of
impairment readily attributable to single sources. The new
provisions are intended to emphasize control of regional haze,
impairment from multiple sources that degrades visibility over
large areas.
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Slide 69: Visibility Provisions
o Studies
These studies will be conducted by EPA, the Park Service,
and other appropriate Federal agencies to provide a firmer
foundation for developing control programs. They would expand
current monitoring and extend our regional modeling tools
developed for ozone and acid rain to visibility, especially
in the West.
EPA must summarize the interim results of these studies 3
after enactment.
o Impacts of other CAA provisions
Using available assessment tools, the impact of other CAA
provisions including, for example, acid rain, ozone non-
attainment, PM non-attainment, and mobile sources would be
assessed. We believe acid rain reductions may produce major
reductions in haze in the Eastern U.S. and that control of PM,
VOC, and NOx in Titles I and II may provide some regional haze
benefits.
o Commissions
The Act provides procedures for establishing "Visibility
Transport Regions" and corresponding "Visibility Transport
Commissions." In addition, EPA must establish a Grand Canyon
Visibility Transport Region with a Commission, patterned after
the ozone transport commission required under Title I.
A Commission would consist of, at a minimum, the Governors
of each state in the transport region, EPA, and a
representative of each Federal agency managing each class I
area in the Region.
- A Commission would be required to evaluate earlier research
and available information regarding visibility impacts and,
within 4 years of its establishment, recommend policies and
strategies for addressing regional haze. The recommendations
must address protecting visibility through "clean air
corridors," areas where additional restrictions on emissions
may apply, and must address the promulgation of regional haze
regulations.
EPA shall receive the recommendations of the Commission
and within 18 months carry out its responsibilities under the
statute's original visibility provisions Section 169A,
including requirements for making reasonable further progress
towards the visibility goal.
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