EPA/450/2-81/017f
U.S. Environmental Protection Agency
Air Pollution Training Institute
COURSE 81:422
3rd Edition
AIR POLLUTION CONTROL
ORIENTATION COURSE
Unit 6
Air Pollution Law
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United States Air Pollution Training Institute EPA 450/2-81-017f
Environmental Protection MD 20 June
Agency Environmental Research Center
Research Triangle Park NC 27711
Air
APTI
Course S 1:422 3rd Edition
Air Pollution Control
Orientation Course
Unit 6
Air Pollution Law
Prepared By: Under Contract No.
Northrop Services, Inc. 68-02-2374
P. 0. Box 12313 EPA Project Officer
Research Triangle Park, NC 27709 R. E. Townsend
United States Environmental Protection Agency
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, NC 27711
This is one of nine self-instructional units in the
Air Pollution Control Orientation Course SI:422.
This unit consists of a cassette tape and this flip-
book, which you will use simultaneously.
Turn the page and read the tips on effective use
of this material.
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Tips for Effective Use of This Material
1. Listen to the recorded script while you go through this flipbook. The recorded
portion is coordinated with the flipbook. Wait for the tape to finish the details
of one point before studying the next point on the page.
2. When you hear a "beep" on the tape, direct your attention to the next page in
the flipbook.
3. Pay attention to both words and pictures—they both convey important informa-
tion. The flipbook will usually summarize main points or give examples.
4. Stop the tape at any point if you wish to spend more time reading a page in the
flipbook. Rewind the tape if you wish to review a portion of the script.
5. Review the lesson objectives before answering the questions at the end of each
lesson. Ask yourself whether you have mastered the information indicated in the
objectives.
6. Answer the questions. They will help you assess your progress in mastering the
course materials.
7. Check your answers. The correct responses can be found on the page(s) follow-
ing the question page.
8. If you answer a question incorrectly, review the flipbook material covering the
subject matter. Now turn on the tape recorder and begin lesson I.
• •
11
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Lesson I: Introduction to Air Pollution Law
Objectives
1. Describe, in terms of the way they are developed, the
difference between common law and statute law.
2. Identify the definition of "tort."
3. Identify the definition of "plaintiff."
4. Differentiate between a "trespass" and a "nuisance."
5. Give an example of "balancing the equities" as it applies to
air pollution law.
1
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Before passage of the 1970
Clean Air Amendments
Air Pollution
Water Pollution Laws
were sometimes
similar to
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Concern with effects of water-
borne waste has been developing
since the Middle Ages
Recognition of air pollution as
a major threat to health and
welfare developed much later
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There have been ways
for citizens or public
officials to go to court to
get payment for damages
or relief from the
of air pollution. And mm^m
there have even been
government regulations.
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Air pollution
has serious
health effects
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Significant events
leading to the current
federal air pollution control program
• 1906 (Britain) Alkali Works Regulation Act
• 1880s and after Various local smoke control ordinances
(United States)
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Water Pollution
• Tends to be more noticeable and immediate in its effect
• Often can be recognized before it reaches crisis proportions
Air Pollution
• Was often disregarded as a health and safety problem
• May not be properly appreciated until it reaches crisis
proportions
-------
The health costs
of air pollution
traditionally have
been greatly
underestimated
V
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Common Law
The body of law that has
grown out of tradition
and usage, as stated
in court decisions..
usually concerns
private rights.
The body of law
that has been passed
by legislatures and stated
m formal documents __ usually
concerns rights of the general public
Statute Law
-------
Statute laws usually
do not take away
a citizen's right
to sue
10
Tort
A willful or negligent injury
to a person, property,
or reputation
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Plaintiff
The
offended
party
12
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Trespass
Unlawful act
committed on the
person, property,
or rights of
another
13
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In this case the
trespass was commit-
ted not by the train,
which had a right to
be where it was, but
by the fly ash,
which was con-
sidered to have
invaded the
possessor's land.
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Trespass
Yes
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Nuisance
Unlawful invasion
of a possessor's
interest in the
reasonable use
and enjoyment
of property
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Private Nuisance
Public Nuisance
Only the plaintiff—
or a small, well-defined class
of plaintiffs —bothered
***
Plaintiff(s) could take action
Many people in the
community bothered
***
Only government could take
action
17
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It is often very
difficult for a citizen
to establish what
proportion of the
pollution causing his
injury came from
any individual source
18
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Even if he is
compensated for
damage
already done, a
person injured by
air pollution usually
wants to stop future
actions causing such
injuries
19
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Courts have
authority to issue
orders requiring
or prohibiting
certain actions
Man
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Balancing the Equities
If the cost to
the polluter of
stopping an action
was substantially
greater than the
relative injury
to the plaintiff,
the court might
have refused to
prevent the polluter
from continuing.
Instead it
might have
limited the
plaintiffs
remedy to dollar
damages.
21
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Early governmental
efforts to deal with air
pollution problems
dealt mostly with the
kinds of problems that
forced themselves on
public attention.
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22
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General Trend
Court
Legislature
Common
Law
Statute
Law
Government
Agency
D D D D D D D DDODD
DDDOO 0 OOOODD
Administrative
Regulation
23
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Boston, 1901
"No carpet, rugs, mats,
or similar articles shall
be beaten in any street
or public place, and no
carpets, rugs, mats, old garments
or similar articles shall be
beaten or cleaned upon or
near inhabited buildings,
unless reasonable precaution
is taken to prevent dust
particles or portions of
said articles from being
blown, scattered or otherwise
passing from the place where
such beating or cleaning is
carried on."
24
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Until the 1950s,
most smoke and
odor legislation
was at the
municipal level
25
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Lesson I
Questions
1. Describe — in terms of the way it is developed — the difference between common
law and statute law.
2. The phrase "a willful or negligent injury to a person, property, or reputation"
defines which of the following terms?
a. episode c. equity e. tort
b. moot point d. negligence f. none of the above
3. In a law suit, the "offended party" is known as a
a. plaintiff c. defendant e. jurist
b. prosecutor d. witness f. none of the above
4. If a road construction company is blasting rock in a road construction area,
and the falling rocks knock a hole in the roof of a nearby house, would the
owner of the house have grounds for a "trespass" suit?
5. Give an example of "balancing the equities" as it applies to air pollution law.
Answers are on next page.
26
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Lesson I
Answers
1. Common law has grown out of tradition and usage, as stated in court deci-
sions. Statute law has been passed by legislatures and is stated in formal
documents.
2. e. tort
3. a. plaintiff
4. yes
5. If the cost to a polluter of stopping an action is substantially greater than the
relative injury to the plaintiff, the court might refuse to keep the polluter from
continuing his action. Instead it might award only dollar damages to the
injured party.
After checking your answers, please turn on tape recorder.
27
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Lesson II: State & Federal Approaches
Objectives
1. Identify the type of approach used in the national air pollution control
program in the United States.
2. List the elements of the three-step process used in the national air pollution
control program in the United States.
3. Identify the three factors required for effective enforcement of emission
regulations.
4. Name the legal event that transferred Federal air pollution control functions to
EPA, and the principal guiding document for a coordinated national program
of air pollution prevention and control.
5. Describe the significance of the reorganiration of Federal environmental
programs that took place in 1970.
6. Identify the persons or agencies with primary responsibility for prevention and
control of air pollution at its source, according to Title I of the Clean Air Act
(as amended).
28
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7. Identify the significance of the Sierra Club vs. Ruckelshaus court decision of
1973.
8. Identify the name given the basic planning areas for which implementation
strategies are developed.
9. Identify the characteristics of Air Quality Criteria Documents.
10. Identify the characteristics of Control Technique Documents.
11. Describe what is protected by primary and secondary air quality standards.
12. Identify the characteristics of National Ambient Air Quality Standards
(NAAQS).
13. Identify the purposes of State Implementation Plans (SIPs).
14. Describe what is meant by Prevention of Significant Deterioration (PSD).
15. Describe what States must do regarding the maintenance of National Ambient Air
Quality Standards.
29
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United States Air
Pollution Program
Is set"out in Federal Clean Air Act
Follows air quality management approach
Is a three-step process
1. Preparation of air quality criteria
documents and establishment of ambient
air quality standards
2. Establishment of emission limitations
3. Setting up & operating of limitations
enforcment systems
so
Ambient air quality standards are not
readily enforceable by themselves
because they do not provide a measure
that can be applied to individual
pollutant sources, so we must establish
emission limitations.
31
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Even with enforceable emission regulations,
effective enforcement requires.. .
The will to
enforce
Personnel
support
Technical
support
Court system
to determine and
punish violators
32
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1. Preparation of air quality criteria documents
and establishment of ambient air quality
standards
2. Establishment of emission limitations
3. Setting up & operating of limitations
enforcement systems
33
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Coordinated national concern with air pollution began in
1955 with the
Air Pollution Control Act
Mandated a Federal research program to
investigate the health & welfare effects
of air pollution
Authorized the Federal government to
provide technical advice & assistance to
the States
34
The Clean Air Act—1963
• Continued provisions for research and
technical assistance
• Secretary of HEW authorized to
• make grants to State and local agencies
• publish nonmandatory air quality criteria
• encourage and report efforts to control motor vehicle
exhaust pollution
• intervene when air pollution endangered health and
welfare, and a State was failing to cope with the situation
• in cases involving interstate air pollution, call a conference
of all affected parties to obtain agreement about a solution
35
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1965 Amendments—Clean Air Act
• Authority given to Secretary of HEW to
publish and enforce Federal emission stan
dards for new motor vehicles
36
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Air Quality Act—1967
Secretary of HEW
• charged with a specific duty to research and issue air
quality criteria
• required to designate broad atmospheric areas and to
designate Air Quality Control Regions
• directed to issue information on air pollution control
techniques
• directed States to set ambient air quality standards and
prepare detailed plans for their implementation
Continued the policy that State and local governments had
the major responsibility for establishing and enforcing air
pollution standards
37
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1967 Air Quality Act
The Secretary of HEW could ask the Attorney
General to begin civil actions to enforce stan-
dards but the basic Federal enforcement tool
was still the interstate-federal conference
38
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The Federal government was responsible
for enforcement of standards
concerning new motor vehicles,
but broader direct IM'MM"M-i
enforcement authority was
reserved for extraordinary
situations
39
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1970
probably the most important legal events in
the federal air pollution control field
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Clean Air Act
Amendments
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Significance of Reorganization
HEW
Primary emphasis on volun-
tary control
• conciliation
• education
• persuasion
• encourage and support
State and local action
EPA
Enactment and enforcement of
effective pollution standards
• litigation
• fines
• injunctions
• jail terms
Shifted emphasis toward stringent enforcement remedies
42
1970 Clean Air Act Amendments
Established the "Clean Air Act (as
amended)" as the principal guiding
document for a coordinated national
program of air pollution prevention
and control
43
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Clean Air Act
Title I:
Title II:
Section 101
Section 102, etc
Section 201
Section 202, etc
Title III: Section 301
Section 302, etc.
44
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Title I: Air Pollution Prevention & Control
Contains both the general program requirements and authoriza-
tions, and the provisions for control of stationary sources
Title II: Emission Standards for Moving Sources
Deals with motor vehicles and aircraft
Title III: General
Deals with administration of the Act and technical legal matters
45
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Title I
Section 101
Congressional Findings and Purposes
• Gives the framework for interpreting the rest
of the act
• States that "the prevention and control of air
pollution at its source is the primary respon-
sibility of State and local governments."
46
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1973
Sierra Club vs. Ruckelshaus
Administrator of EPA must issue regulations to prevent the
significant deterioration of air quality that is already better than
national standards
This was such a vital question, with such far-reaching implications for growth, that
it was dealt with more explicity and at considerable length in the 1977
Amendments.
47
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Title I
Section 107
States required to designate Air Quality
Control Regions (AQCRs)
• The basic planning areas for which
implementation strategies are developed
• May be intrastate or interstate
48
Overview of AQCR Development
1967: First provisions for establishment of Air Quality
Control Regions
1970: Added significance to designations
Required complete territorial coverage by the States by
April 1971
Provided that the Federal government would designate
AQCRs in areas not designated by States
1977: Required States to submit by early December 1977 a
list of their AQCRs not meeting standards
Stressed that AQCR boundaries may and should be
changed when appropriate
49
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Title I
Section 108
Provides for preparation of two kinds of
documents
• Air quality criteria documents
• Control technique documents
50
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Air Quality Criteria Documents
Describe air pollutant concentrations and
exposure times which produce specific kinds
and degrees of damage to human health or
welfare
To be used by Federal government as bases
for setting national ambient air quality
standards
51
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Control Technique Documents
• Describe the "state of the art" in controlling emissions of the
criteria pollutants
• To be used by the States in developing emission control
regulations
Both Air Quality Criteria Documents and Control Technique
Documents were originally prepared for paniculate matter,
sulfur oxides, oxides of nitrogen, carbon monoxide,
photochemical oxidants, and non-methane hydrocarbons.
Document for lead was added later.
52
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Title I
Section 109
• Required EPA to set two types of National Ambient Air
Quality Standards (NAAQS)
Primary —to protect the public health
Secondary —to protect the public welfare
• These standards apply throughout the country
• States could adopt ambient air quality standards stricter than
the Federal ones, but State standards less strict than Federal
standards would be overridden by the Federal standards
53
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National Ambient Air Quality
Standards (NAAQS)
Pollutant concentrations in
ambient air
Not spelled out in law
Subject to additions and
corrections
54
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Air Quality
Management
1. Preparation of criteria documents and
establishment of ambient air quality
standards
2. Establishment of emission limitations
3. Setting up and operating of limitations
enforcement systems
55
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Title I.
Section 110
Since direct control of
pollutants in the ambient air is
not possible...
Strategies must be spelled out
for controlling emissions from
pollution sources
Central mechanism for doing this is the
State Implementation Plan
56
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State Implementation Plans
(SIP)
Whenever a new NAAQS is adopted, each State is required to
adopt and submit (within 9 months) to the Administrator of
EPA a State Implementation Plan
Plan must provide for implementation, maintenance, and en-
forcement of the standard in each air quality control region in
the State
Primary (health-related) standards —to be complied with as
quickly as practicable, but no later than 3 years after plan was
approved by EPA
Secondary (welfare-related) standards —to be complied with
within a reasonable time
57
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1975—1977
EPA worked with States to ensure compliance
by major sources, especially in those areas
that were not yet meeting standards.
Began a program to get SIP revisions which
would bring the non-attainment areas into
compliance as quickly as possible
58
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1977 Amendments
• added a series of detailed requirements
dealing with "Plan Requirements for Non-
attainment Areas".
• required States to have submitted SIPs for
their nonattainment areas by January 1979
and to provide for attainment of the primary
standards by December 31, 1982 with
"reasonable further progress" each year.
59
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Carbon Monoxide
and Photochemical Oxidant Control
If a State could show that it could It could resort to a two-step plan
not attain the standard by 1982 • application of all reasonably
using "all reasonably available available measures by 1982
measures.
final compliance by
December 31, 1987
60
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a State failed to pro-
duce all or part of an
implementation plan
or
SIP
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the Administrator of
EPA disapproved all
or parr, of a submit-
ted SIP
Then
within 6 months, EPA had to pro-
mulgate its own regulations replacing
or supplying the defective or missing
parts
61
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According to 1977 Amendments
Certain highway and air pollution
control grants can be withheld for
State failure to submit or implement
approvable plan revisions
62
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As a result of the Sierra Club case in
1973, the Administrator of EPA had
to disapprove all implementation plans
for not containing provisions for the
Prevention of Significant Deterioration
of existing air quality.
63
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Title I
Sections 160—169
Prevention of Significant Deterioration
(PSD)
• Required States to incorporate in
their plans provisions for preventing
significant deterioration of existing
air quality
64
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Maintenance of NAAQS
May 1973
States required to revise SIPs to
include procedures "to ensure that
emissions associated with projected
growth and development will be
compatible with maintenance of the
national standards."
65
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Lesson II
Questions
1. The U.S. uses a(n) approach to air pollution control.
a. reactive d. casual
b. air quality management e. voluntary
c. dictatorial f. none of the above
2. List the three steps of the air pollution control process used by the U.S.
3. Which of the following is (are) factors necessary for effective enforcement of
emissions regulations?
a. will to enforce d. technical support
b. strong police force e. air quality standards
c. personnel support f. none ot the above
4. Name the legal event that transferred Federal air pollution control
functions to EPA, and the principal guiding document for a coordinated
national program of air pollution prevention and control.
5. What was the significance of the reorganization of Federal environmental
programs that took place in 1970?
66
6. According to Title I of the Clean Air Act (as amended), "the prevention
and control of air pollution at its source is the primary responsibility
of ".
a. the U.S. Environmental d. the Federal government
Protection Agency
b. U.S. citizens e. the President
c. State and-local f. none of the above
governments
7. According to which court decision did the Administrator of EPA have to issue
regulations to prevent the significant deterioration of air quality that is already
better than national standards?
a. Brown vs. Los Angeles d. Rockland vs. Smith
b. Sierra Club vs. Ruckelshaus e. National Campers vs. Rahway
c. EPA vs. California f. none of the above
8. The basic planning areas for which implementation strategies are developed
are called:
a. Pollution Control Regions d. State Implementation &
b. Deterioration Areas Enforcement Areas
c. State Planning Regions e. Air Quality Control Regions
f. none of the above
67
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9. Which documents describe air pollutant concentrations and exposure times
which produce specific kinds and degrees of damage to human health or
welfare?
a. Air Quality Criteria Documents d. National Implementation
Criteria Plans
b. State Implementation Plans e. Regional Area Criteria Papers
c. Control Technique Documents f. none of the above
10. Which documents describe the "state-of-the-art" in controlling emissions of the
criteria pollutants?
a. Air Quality Criteria Documents d. National Criteria
| Implementation Plans
b. State Implementation Plans e. Regional Area Criteria Papers
c. Control Technique Documents f. none of the above
11. Primary air quality standards are set to protect the public
12. Secondary air quality standards are set to protect the public
68
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13. Which of the following is(are) characteristics of National Ambient Air Quality
Standards (NAAQS)?
a. are concentrations of specific d. are regulations adopted by the
pollutants in the ambient air EPA Administrator
b. based on information in the e. are subject to additions,
criteria documents corrections, and revisions
c. not spelled out in the law f. all of the above
14. Plans that provide for implementation, maintenance, and enforcement of air
quality standards in each air quality control region in a State are called:
a. Technology Plans d. ACQR's
b. Pollution Research Plans e. State Implementation Plans
c. Criteria Documents f. none of the above
15. Describe what is meant by Prevention of Significant Deterioration.
16. Describe what States must do regarding the maintenance of National Ambient
Air Quality Standards.
Answers are on the next page.
69
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Lesson II
Answers
1. b. air quality management
2. i. preparation of criteria documents and establishment of ambient
air quality standards
ii. establishment of emission limitations
iii. setting up and operating of limitations enforcement systems
3. a, c, d
4. the President's Reorganization Plan #3 and the Clean Air Act Amendments of
1970
5. by setting up a single environmental enforcement agency, shifted emphasis
toward stringent enforcement remedies
6. c. State and local governments
7. b. Sierra Club vs. Ruckelshaus
8. e. Air Quality Control Regions
9. a. Air Quality Criteria Documents
70
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10. c. Control Technique Documents
11. health
12. welfare
13. f
14. e. State Implementation Plans
15. States are required to incorporate into their implementation plans provisions
for preventing significant deterioration of existing air quality
16. States must include in their SIPs procedures "to ensure that emissions
associated with projected growth and development will be compatible with
maintenance of the national standards."
After checking your responses, please turn on the tape recorder.
71
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Lesson III: Regulation
Objectives
1. Identify the characteristics of New Source Performance Standards (NSPS).
2. Describe what may be done if a numerical limitation on emissions cannot be
set or enforced.
3. Describe the concept relative to States developing their own new source
regulations, as expressed in the Clean Air Act.
4. Identify the characteristics of National Emission Standards for Hazardous Air
Pollutants (NESHAPS).
5. Name six hazardous air pollutants.
6. Describe the concept relative to States implementing and enforcing their own
hazardous pollutant regulations, as expressed in the Clean Air Act.
72
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Title I
Section III
Standards of Performance for New Stationary
Sources
• Usually called New Source Performance Standards (NSPS)
• Administrator of EPA is required to publish and update a list
of categories of stationary sources of air pollutants which "may
contribute significantly to air pollution which causes or
contributes to the endangerment of public health or welfare."
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If a new category or source is added
• EPA administrator must set nationwide
emissions standards for all new sources in
that category
• "New" includes sources that are scheduled
for modification —if they will then emit
more of a pollutant or cause emissions of a
pollutant that wasn't previously emitted
• The emission levels must be levels that
require the use of the best system available
for continuously reducing emissions—taking
into account environmental and energy
impacts and the cost of such a system
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If a numerical emission
limitation can't be set or
enforced — perhaps because
of the nature of a process —
then the Administrator
may set a''design, equipment,
work practice, or operation
standard" (or a combination
of these).
75
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Section lll(d)
States must establish standards
of performance for certain
existing sources — those not covered by criteria
documents or Hazardous Pollutant Standards,
but would be subject to NSPS if they were new
sources
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By 1982, EPA must complete the list
of source categories subject to NSPS
and set emissions standards for all of
them.
77
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The Clean Air Act and EPA
encourage States to:
• develop their own equivalent
regulations and
• accept delegation of EPA
authority to enforce new
source regulations.
Offi
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Review of Key NSPS Concepts
Deals with categories of
sources of pollutants
May regulate emissions of
any air pollutants
Degree of control is based
on available control
technology, not on the
degree of control
required to achieve
ambient air quality
standards
79
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2
Regulations are
uniform nationwide
80
...for new or modified
sources
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States are required to
prepare plans for regula-
tion and enforcement for
certain types of existing
sources in these NSPS
categories
81
...for pollutants for which
there is no ambient air
quality standard or hazar-
dous pollutant standard
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Regulations are basically
emission limitations —
addressing rates of pollu-
tant emission, stack concen-
trations of pollutants, or
opacity of a plume
82
However, in some
cases there may be
design, equipment,
work practice, or
operational standards
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5
Requires sources to use
emission-reducing equip-
ment that is technically
and economically
available
O
83
Merely switching to low-
sulfur fuel, cutting back
operations during adverse
weather conditions, or
diluting the pollutant will
not be considered suffi-
cient except in unusual
circumstances
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Title I
Section 112
National Emission Standards for Hazardous
Air Pollutants (NESHAPS)
> Hazardous air pollutants are those for which no National
Ambient Air Quality Standard has been set, and which may
reasonably be expected to cause or contribute to increases in
deaths, or cause serious irreversible illness, or cause
incapacitating reversible illness
> Administrator must prescribe nationwide emission limitations
for both new and existing sources which can emit them
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Hazardous Air Pollutants
• asbestos • mercury
• beryllium • vinyl chloride
• benzene • radionuclides
85
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•^
The Clean Air Act and EPA
encourage States to:
• develop their own equivalent
regulations
• accept delegation of EPA
authority to enforce hazar-
dous pollutant regulations
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Review of Lessons I, II, & III
We have looked at the first two parts of the Air Quality Management Process
1. Preparation of criteria documents and establishment of ambient air quality
standards.
2. Establishment of emissions limitations
• Sections 108 and 109 of the Clean Air Act deal with air quality criteria and
ambient air quality standards.
• Section 110 of the Act deals with the basic mechanism for controlling
sources by the States —The State Implementation Plan (SIP).
• Section 111 deals with Federal emission standards applicable nationwide to
designated categories of new sources —the New Source Performance Stan-
dards (NSPS).
• Section 112 deals with Federal emission limitations on certain hazardous air
pollutants —the National Emission Standards for Hazardous Air Pollutants
(NESHAPS) —from both new and existing sources.
We have also talked about two very important topics related to these: Prevention of
Significant Deterioration of Air Quality, which is dealt with in a new Part C of
Title I (Section 160-169A); and Plan Requirements for Nonattainment Areas, the
subject of new Part D of Title I (Section 171-178).
Q7
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Lesson III
Questions
1. Which of the following 'is (are) characteristics of New Source Performance
Standards?
a. deal with categories of sources of pollutants
b. regulations are basically emission limitations —but may be other
standards
c. degree of control is based on available control technology
d. regulations are uniform nationwide for new or modified sources
e. may regulate emissions of any air pollutants
f. requires sources to use emission-reducing equipment that is technically
and economically available
2. Describe what may be done if a numerical limitation on emissions cannot be
set or enforced.
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3. Describe EPA's attitude toward State development of their own new source
regulations.
4. Air pollutants for which no National Ambient Air Quality Standard has been
set and which may reasonably be expected to cause or contribute to increases
in deaths, or cause serious irreversible illness, or cause incapacitating reversible
illness are called:
a. Criteria pollutants d. Standard pollutants
b. Unregulated pollutants e. Particulate pollutants
c. Hazardous pollutants f. none of the above
5. Name six hazardous pollutants.
6. Describe EPA's attitude toward states' implementation and enforcement of
their own hazardous pollutant regulations.
Answers are on the next page.
89
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Lesson III
Answers
1. a, b, c, d, e, f
2. EPA Administrator may set a design, equipment, work practice, or operational
standard —or a combination of these
3. EPA encourages States to develop their own new source regulations
4. c. hazardous
5. asbestos, mercury, beryllium, vinyl chloride, benzene, and radionuclides
6. EPA encourages States to implement and enforce thier own hazardous pollutant
regulations.
After checking your responses, please turn on the tape recorder.
90
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Lesson IV: Enforcement
Objectives
1. Name the most important enforcement mechanism under the Clean Air Act (as
amended).
2. Identify the authorities and resources a State must have for its State Implemen-
tation Plan to be acceptable to EPA.
3. Describe what action the EPA Administrator may take if a State fails to bring
about compliance with its State Implementation Plan.
4. Describe the EPA Administrator's emergency enforcement powers.
5. In regard to air pollution (as of the 1977 amendments), identify the grounds
upon which a private citizen is authorized to initiate a civil suit.
6. Describe the distinguishing feature of the provisions pertaining to motor
vehicle emissions in Title II of the Clean Air Act (as amended).
7. Name the three iactors mentioned in this lesson that are essential to solve a
complex problem like air pollution.
91
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Most Important Enforcement
Mechanism Under Glean Air Act:
State Implementation Plan
State must show that it has appropriate
• laws
• control regulations
• staff
• money
to conduct the enforcement necessary to make
the implementation strategy work
92
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EPA is given authority to take enforcement action to pro-
tect the public health and welfare if the States cannot or
will not do so.
If the Administrator of EPA finds that any person is in
violation of a SIP, he must notify the violator and the
State. A person in this context refers to any man, woman,
business, or governmental body.
• If the State does nothing within 30 days, EPA can pro-
ceed with its own enforcement.
93
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• If violations of SIP provisions are widespread,
after notice EPA may begin a period of
Federally assumed enforcement
• Administrator may issue compliance orders
against violators with either civil or criminal
penalties attached, or he may take civil court
action.
94
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Title III
Section 303
Grants emergency enforcement powers to Administrator of EPA
• In the event that any pollution source or combination of
sources "is presenting an imminent and substantial endanger-
ment to the health of persons" and that State or local
authorities have not taken necessary action to alleviate the
problem.
• Administrator (on his own) may issue to any pollution source
an abatement order valid for 24 hours.
• He must then go to court to seek to have the order confirmed
or extended.
95
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Title III
Section 304
Citizen Suits
Any person is authorized to bring a civil suit
• against alleged polluters —to require them to cease
violations, or
* against EPA (in the person of the Administrator) — to per-
form a nondiscretionary action (usually to issue a regulation
or list a pollutant)
Does not allow citizen suits without 60 days notice to EPA, or
when EPA is already "diligently prosecuting" a civil action on
the matter.
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With the 1977 Amendments, Congress further
tightened the grounds on which citizens could
sue alleged polluters to only
• violations of emission standards or limitations
• proposals to construct without a permit
• violation of conditions of a permit or order issued under
specific portions of the Act.
97
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Title II
Distinguishing feature —
the emission standards for new automobiles are
written directly into law
(These standards are uniform nationwide except
for California)
98
Clean Air Act (as amended through 1977)
Table of Contents
TITLE I— AIR POLLUTION PREVENTION AND CONTROL
Part A — Air Quality and Emission Limitations
Section:
101 —Findings and purposes
102 — Cooperative activities and uniform laws
103 — Research, investigation, training, and other activities
104 — Research relating to fuels and vehicles
1 05 — Grants for support of air pollution planning and control programs
106 — Interstate air quality agencies or commissions
1 07 — Air quality control regions
1 08 — Air quality criteria and control techniques
109 — National ambient air quality standards
1 10 — Implementation plans
1 1 1 —Standards of performance for new stationary sources
1 12 — National emission standards for hazardous air pollutants
1 1 3 — Federal enforcement
1 14 — Inspections, monitoring, and entry
1 1 5 — International air pollution
99
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116 — Retention of State authority
117 — President's air quality advisory board and advisory committees
118 — Control of pollution from Federal facilities
119 — Primary nonferrous smelter orders
120 — Noncompliance penalty
121 —Consultation
122 — Listing of certain unregulated pollutants
123 —Stack heights
124 — Assurance of adequacy of State plans
125 — Measures to prevent economic disruption or unemployment
126 — Interstate pollution abatement
128 —State boards
Part B—Ozone Protection
Section:
150 —Purposes
151 —Findings and definitions
152 —Definitions
153 —Studies by Environmental Protection Agency
154 — Research and monitoring by other agencies
155 — Progress of regulation
156 — International cooperation
157 —Regulations
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158 — Other provisions unaffected
159 —State authority
Part C—Prevention of Significant Deterioration of Air Quality
SUBPART 1
Section:
160 —Purposes
161 — Plan requirements
162 — Initial classifications
163 — Increments and ceilings
164 — Area redesignation
165 — Preconstruction requirements
166 — Other pollutants
167 — Enforcement
168 —Period before plan approval
169 —Definitions
SUBPART 2
Section:
169A —Visibility protection for Federal class 1 areas
101
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Part D—Plan Requirements for Nonattainment Areas
Section:
171—Definitions
172 —Nonattainment plan provisions
173 — Permit requirements
174 — Planning procedures
17 5 — Environmental Protection Agency grants
176 — Limitations on certain Federal assistance
177 — New motor vehicle emission standards in nonattainment areas
178 — Guidance documents
TITLE II—EMISSION STANDARDS FOR MOVING SOURCES
Section:
201-Short title
Part A—Motor Vehicle Emission and Fuel Standards
Section:
202 — Establishment of standards
203-Prohibited acts
204 — Injunction proceedings
205 - Penalties
206 — Motor vehicle and motor vehicle engine compliance testing and certification
207 —Compliance by vehicles and engines in actual use
102
•••••iiiiiin
208 — Records and reports
209 — State standards
210 —State grants
211 — Regulation of fuels
212 — Development of lo'w-emission vehicles
213 —Fuel economy improvement from new motor vehicles
214 —Study of paniculate emissions from motor vehicles
215 — High altitude performance adjustments
216 — Definitions for part A
Part B—Aircraft Emission Standards
Section:
231 —Establishment of standards
232 —Enforcement of standards
233 —State standards and controls
234 —Definitions
TITLE III—GENERAL
Section:
301 —Administration
302-Definitions
303 — Emergency powers
304 —Citizen suits
103
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305 — Representation in litigation
306 — Federal procurement
307 — General provisions relating to administrative proceedings and judicial review
308 — Mandatory licensing
309 -Policy review-
Si 0 — Other authority not affected
3 1 1 — Records and audit
312 — Comprehensive economic cost studies and studies of cost -effectiveness analysis
31 3 — Additional reports to Congress
3 1 4 — Labor standards
315 — Separability
316 — Sewage treatment grants
317 — Economic impact assessment
318 — Financial disclosure; conflicts of interest
319 — Air quality monitoring
320 — Standardized air quality modeling
321 —Employment effects
322 — Employee protection
323 — National Commission on Air Quality
324 — Cost of emission control for certain vapor recovery to be borne by owner of retail outlet
325 — Vapor recovery for small business marketers of petroleum products
326 — Construction of certain clauses
327 — Appropriations
Please turn tape recorder on again.
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Because of the weakness and lack of coordination of the
remedies of common law, we have elected in the United States to
follow a statutory Air Quality Management approach, in which
we:
• Derive ambient air quality standards from health and
welfare criteria;
• Develop systems of emission limitations at the source to
meet the ambient air standards; and
• Provide a system of enforcement to determine whether emis-
sion regulations are being violated, and to require sources to
obey them.
105
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Essential Items
$
$
$
Human Effort
Money
106
Technical
Knowledge
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Lesson IV
Questions
1. Name the single most important enforcement mechanism under the Clean Air
Act (as amended).
2. Which of the following must a State show that it has in order for its State
Implementation Plan to be acceptable to EPA. Appropriate. . .
a. land area c. control regulations e. laws
b. money d. staff f. none of the above
3. What action may the EPA Administrator take if a State fails to enforce the
provisions of its State Implementation Plan?
4. Describe the EPA Administrator's emergency enforcement powers.
5. From the 3 items listed, choose the one(s) for which a person is authorized to
bring a civil suit (as of the 1977 Clean Air Act Amendments).
a. violations of emissions standards or limitations
b. violation of conditions of a permit or order issued under specific
portions of the Act
c. proposals to construct without a permit
6. Describe the distinguishing feature of the provisions pertaining to motor vehicle
emissions in Title II of the Clean Air Act.
7. Name the three things mentioned in this lesson that are essential to solve a complex
problem like air pollution. 1Q7 Answers are on page 108.
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Lesson IV
Answers
1. the State Implementation Plan
2. b. money c. control regulations d. staff e. laws
3. The EPA Administrator may issue compliance orders against violators with
either civil or criminal penalties attached, or he may take civil court action.
4. • In the event that any pollution source or combination of sources "is pre-
senting an imminent and substantial endangerment to the health of persons"
and that State or local authorities have not taken necessary action to
alleviate the problem.
• Administrator (on his own) may issue to any pollution source an abatement
order valid for 24 hours.
• He must then go to court to seek to have the order confirmed or extended.
5. a, b, c
6. the emission standards for new automobiles are written directly into law
7. human effort, money, and technical knowledge
108
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Unit Test
On a separate sheet of paper, answer the following questions. Check your responses
against the answers given on page 111.
1. Describe—in terms of the way they are developed — the difference between
common law and statute law.
2. Define "trespass" and "nuisance" as they apply to air pollution law.
3. Name the type of approach the U.S. uses to control air pollution and list its
three main steps.
4. According to Title I of the Clean Air Act (as amended), who or what has the
primary responsibility for the prevention and control of air pollution at its
source?
5. Name the documents that describe air pollutant concentrations and exposure
times which produce specific kinds and degrees of damage to human health or
welfare.
6. Name the documents that describe the "state-of-the-art" in controlling
emissions of the criteria pollutants.
7. Fill in the correct word(s): Primary air quality standards are set to protect the
public , and secondary air quality standards are set to protect the
public .
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8. Describe what is meant by Prevention of Significant Deterioration.
9. Describe EPA's attitude toward State development of their own new source
regulations and State implementation and enforcement of their own hazardous
pollutant regulations.
10. Describe what may be done if a numerical limitation on emissions cannot be
set or enforced.
11. What is the single most important enforcement mechanism under the Clean
Air Act (as amended)?
12. Describe the EPA Administrator's emergency enforcement powers.
13. As of the 1977 Clean Air Act amendments, under what condition(s) is a person
authorized to bring a civil suit:
a. violations of emissions standards or limitations
b. violation of conditions of a permit or order issued under specific portions of
the Act
c. proposals to construct without a permit
d. all of the above.
14. Name three things mentioned in Lesson IV that are necessary to solve a
complex problem like air pollution.
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Unit Test
Answers
1. Common law has grown out of tradition and usage, as stated in court
decisions, and statute law has been passed by legislatures and is stated in
formal documents.
2. A trespass is an unlawful act committed against a person, his property, or his
rights. A nuisance is an unlawful invasion of a person's reasonable use and
enjoyment of property in his possession.
3. Air quality management approach.
1. preparation of criteria documents and establishment of ambient air quality
standards
2. establishment of emission limitations
3. setting up and operating of limitations enforcement systems
4. State and local governments
5. Air Quality Criteria Documents
6. Control Technique Documents
7. health, welfare
8. Air quality that is already better than national standards cannot be allowed to
significantly deteriorate.
Ill
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9. EPA encourages both.
10. The EPA Administrator may set design, equipment, work practice, or opera-
tional standards or a combination of these.
11. the State Implementation Plan
12. In the event that any pollution source or combination of sources "is presenting
an imminent and substantial endangerment to the health of persons" and that
State or local authorities have not taken necessary action to alleviate the
problem, the Administrator (on his own) may issue to any pollution source an
abatement order valid for 24 hours. He must go to court to seek to have the
order confirmed or extended.
13. d. all of the above
14. human effort, money, and technical knowledge
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