450R82101
PROGRESS IN THE PREVENTION AND CONTROL
OF AIR POLLUTION IN 1982
ANNUAL REPORT OF THE ADMINISTRATOR
OF THE ENVIRONMENTAL PROTECTION AGENCY
TO THE
CONGRESS OF THE UNITED STATES
IN COMPLIANCE VJITH
SECTIONS 313, 202(b)(4), and 306
OF
42 U.S.C. 7401 ET SEQ.
THE CLEAN AIR ACT, AS AMENDED
0.9.
C.Y"
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CONTENTS
PREFACE [[[ iii
I. INTRODUCTION AND SUMMARY .................................. 1-1
II. AIR QUALITY TRENDS, MONITORING, AND MODELING
A. National Air Quality and Emission Trends .............. II-l
B. Ambient Air Monitoring ................................ II-3
C. Air Quality Modeling .................................. II-b
III. AIR POLLUTION RESEARCH PROGRAMS
A. Oxidants .............................................. III-l
B. Mobile Sources ........................................ III-3
C. Gases and Particles ................................... III-4
D. Hazardous Air Pollutants .............................. III-7
E. Acid Deposition ....................................... III-9
IV. DEVELOPMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS ..... IV-1
V. STATUS OF AIR QUALITY MANAGEMENT PROGRAMS
A. State Implementation Plans ............................ V-l
B. Processing of SIP Revisions ........................... V-2
C. National Air Audit System ............................. V-3
D. Emissions Trading ..................................... V-3
E. BACT/LAER and Air Quality Modeling Clearinghouses ..... V-4
F. New Source Review and Prevention of Significant
Deterioration ....................................... V-b
G. Implementation Guidance for Revised Participate
Matter Standards .................................... V-6
H. Visibility Protection ................................. V-6
I. Interstate Ai r Pollution .............................. V-7
J. Tall Stacks and Other Dispersion Techniques ........... V-7
K. Air Pollution Training ................................ V-B
VI. CONTROL OF STATIONARY SOURCE EMISSIONS
A. New Source Performance Standards (NSPS) ............... VI-1
B. National Emissions Standards for Hazardous Air
Pollutants (NESHAP) ................................. VI-1
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VII. STATIONARY SOURCE COMPLIANCE
A. Major Stationary Sources VII-1
B. 1982 Deadline Enforcement Policy VII-2
C. Steel Industry Compliance Extension Act VII-3
I). Major Court Actions VII-4
E. Compliance by Federal Facilities VH-b
F. List of Violating Facilities VII-5
VIII. CONTROL OF MOBILE SOURCE EMISSIONS
A. Standard Setting VIII-2
B. Preproduction Compliance VIII-4
C. Inspect ion /Maintenance. VIII-4
D. Alternative Compliance Measures VIII-5
E. Mobile Source Enforcement VIII-5
IX. LITIGATION IX-1
X. REFERENCES X-l
11
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PREFACE
The Clean Air Act, as amended, authorizes a national program of air
pollution research, regulation, and enforcement activities. This program
is directed at the Federal level by the U.S. Environmental Protection
Agency (EPA). However, primary responsibility for the prevention and
control of air pollution at its source continues to rest with State and
local governments. EPA's role is to conduct research and development
programs, set national standards and regulations, provide technical and
financial assistance to the States, and, where necessary, supplement
State implementation programs.
Section 313 of the Clean Air Act requires the Administrator to report
on measures taken toward implementing the purpose and intent of the Act.
This report covers the period January 1 to December 31, 1982, and describes
the issues involved in the prevention and control of air pollution and
the major elements of progress toward that goal that have been made during
that time. In addition, this report also includes two other EPA reports
to Congress required under the Clean Air Act, as amended:
1. Section 306 report on Federal procurement and violating facilities
(Chapter VII), and
'/. Section 202(b)(4) report on measures taken in relation to motor
vehicle emissions control (Chapter VIII).
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I. INTRODUCTION AND SUMMARY
A. OVERVIEW
This report describes the progress that the Environmental Protection
Agency (EPA) has made in the prevention and control of air pollution
during 1982. In many cases, this progress builds on the experiences of
the prior decade. The following paragraphs summarize the contents of the
remaining chapters of this report, especially insofar as those chapters
illuminate current understanding of air quality problems, controls, and
administrative apparatus. Since it takes approximately one year to
assemble, analyze, and report air quality and emissions data, the latest
data available for this report is for the year 1981.
B. AIR QUALITY TRENDS, MONITORING, AND MODELING
With the exception of nitrogen dioxide, data trends over the last
several years show continuing improvements across the country in ambient
air quality and total pollutant emissions. For example:
0 Between 1980 and 1981, average ambient total suspended particulate
(TSP) levels decreased 6 percent while TSP emissions from man-made
sources decreased approximately 2 percent.
0 Average ambient levels of sulfur dioxide (S0£) decreased 27
percent between 1975 and 1981 and total S02 emissions decreased
12 percent.
0 Average ambient carbon monoxide (CO) levels decreased 2b percent
between 1975 and 1981, and the annual rate of improvement has
been approximately 5 percent. Total CO emitted during this time
decreased 10 percent.
0 Average ambient nitrogen dioxide (N02) levels increased 5 percent
between 1975 and 1981, but the levels were declining bpfween 198U
and 1981.
0 Between 197b and 1981, average ambient ozone (03) levels decreased
14 percent. Total ^missions of volatile organic compounds (VOC's),
which are ozone precursors, declined approximately 9 percent
during this same period.
J The composite maximum quarterly average of ambient lead levels
decreased 57 percent between 1975 and 1981. This is consistent
with a reduction in lead consumption in gasoline of 67 percent in
this period.
EPA promulgated regulations in 1979 which required States to establis*
and operate air monitoring networks and to report the data to EPA. Two
types of permanent stations are provided for in the regulations: State
and Local Air Monitoring Stations (SLAMS) and National Air Monitoring
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Stations (NAMS). The SLAMS, which were designed to meet the overall
monitoring requirements of State Implementation Plan activities, were
required to meet all provisions of the regulations by January 1, 1983.
Through December 1982, there were 4,659 SLAMS monitors out of a total
planned network of 4,959 monitors that met all requirements of the regula-
tions. The NAMS, which are a subset of the SLAMS network, are designed
to provide a national monitoring network as required by Section 319 of
the Act. Through December 1982, there were 1,323 NAMS monitors out of a
total planned network of 1,370 monitors that met all requirements of the
regulati ons.
In 1981, EPA entered into a cooperative agreement with the American
Meteorological Society for peer scientific review of EPA's modeling
guidance. During 1982, this program to evaluate several categories of
models was continued. The evaluation of rural models was completed and
the results reaffirmed that these models are reasonably reliable in
estimating the magnitude of the highest .concentrations occurring at some
timp and at some place within a geographic area. The evaluation of urban
nodels was initiated and will be completed in 1983. Data bases for
complex terrain and long-range transport models were compiled in 1982 and
evaluation will be initiated in 1983.
C. AIR POLLUTION RESEARCH PROGRAMS
EPA's air pollution research program is divided into four major
categories: Oxidants, Mobile Sources, Gases and Particles, and Hazardous
Air Pollutants. The research in each of these areas is planned by a
Research Committee composed of EPA research managers and representa-
tives from EPA's program offices. Each Research Committee plans the full
range of research for the pollutants covered by that Committee. The
research covers scientific assessments, monitoring systems and quality
dssjrance, health effects, environmental engineering and technology, and
environmental processes and effects.
In the oxidants area, major efforts includpd research directed
toward assessing pulmonary function changes in healthy and potentially
sensitive populations following oxidant inhalation and research aimed at
developing better models to extrapolate animal effects data to humans.
Research in the mobile sources area in 1982 emphasized the health effects
of diesel exhaust and carbon monoxide emissions. Research was also
directed toward characterizing the gaseous and particle emissions from a
variety of motor vehicle categories. Research in the gases and particles
area in 1982 included the successful testing and installation of 10-micro-
nipt >r samplers for particulate matter at 24 stations, assessment of the
>ist> of adipic acid to enhance limestone flue gas desulfurization systems,
an.' research into the transport and fate of sulfur dioxide and particles
js *;ell as their effects on agricultural crops, materials, and visibility.
Research on hazardous air pollutants included the preparation of health
assessments on a number of chemicals, the development of methods to
identify mutagenic compounds in the ambient air, quantification of the
levels of potentially hazardous air pollutants,and the determination of
tVir fate in the atmosphere.
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In addition, EPA conducted research on the sources, effects, and
possible mitigation strategies for controlling acid deposition. During
1982, KPA worked to establish more clearly and verify the relationship
between emissions and deposition, determine the dose-response function^
and the extent of potential impacts, and assess the relative costs and
benefits of possible mitigation strategies.
0. DEVELOPMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS
The 1977 Clean Air Act Amendments require EPA to review and, if
necessary, revise the national ambient air quality standards (NAAQS) on a
five-year basis. Reviews of all seven NAAQS were in progress in 1932
including the anticipated revocation of the hydrocarbon (HC) NAAQS on the
basis that the HC NAAQS was no longer an appropriate guide for attaining
the ozone NAAQS and that more sophisticated techniques are now available
for designing ozone control strategies.
EPA continued to review the NAAQS for nitrogen oxides, participate
matter, and sulfur oxides. Proposal of revised or reaffirmed standards
for nitrogen oxides and particulate matter is expected in 1933 and for
sulfur oxides in 1984. In addition, work on revising the criteria documents
for lead and ozone continued in 1982.
F. STATUS OF AIR QUALITY MANAGEMENT PROGRAMS
In late 1982, EPA prepared a Federal Regi ster notice for publication
in parly 1983 that identified portions of 32 States and Territories that
EPA concluded would either not attain air quality standards as required
or else would not comply with certain other portions of the Act pertaininy
to nonattainment plans.
Also in late 1982, EPA prepared a Federal Register notice for publication
in early 1983 that pertained to those States that requested an extension
of the December 31, 1982, attainment date for ozone or carbon monoxide or
both. States that received an extension were required to submit implemen-
tation plans that demonstrated attainment of the relevant standards no
later than December 31, 1987. In the same Federal Register notic°, EPA
proposed disapproval of plans for 17 of the 31 States that were required
to submit revised implpmentation plans.
Through 1982, EPA reviewed and took final action on 21 complete lead
State Implementation Plans (SIP's) and 7 partial SIP's. In 1982, the
Natural Resources Defense Council and others filed suit to require EPA to
promulgate lead SIP's for those States that had not yet submitted them
and to approve or disapprove lead SIP's that had been submitted but on
which EPA had not taken final action.
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One of EPA's most significant air quality management initiatives
luring the year was the reduction of the SIP backlog. In 1982, changes
to the SIP review process werp> made to accelerate review of routine and
noncontroversial SIP actions and reduce the duplication of effort between
the States, the EPA Regional Offices, and EPA Headquarters. Prior to the
implementation of these changes, the inventory of SIP submittals awaiting
Regional Office and Headquarters action was growing because EPA was only
.ibl.j to process SIP actions at two-thirds the SIP submittal rate. A
project was begun in late 1981 and continued into 1982 to substantially
reduce this inventory. A reduction of 93 percent was achieved by July 1,
1982. The continuing objective is to process SIP revisions as rapidly as
possible in order to avoid any future backlogs.
EPA is actively working to delegate more air quality management
programs to State and local air pollution control agencies. At the same
tin», EPA is developing uniform audit processes to assure that national
air quality goals are met while promoting and enhancing a cooperative
working relationship between EPA and State and local agencies. In 1982,
efforts in this area were directed toward developing comprehensive guidance
for implementation of a nationally consistent air audit system.
Another major EPA activity in 1982 was the development and implementation
of various controlled emissions trading concepts such as bubble trades
dnd banking of emissions reductions. EPA proposed or approved a total of
33 bubble applications which would save users more than $120 million over
the cost of conventional aijp pollution control devices. In addition, three
metropolitan areas and one State developed and operated formal emissions
Banking systems. These activities did not alter air quality requirements
but simply gave States and industry more flexibility in adopting control
strategies to meet the requirements.
For several years, EPA has maintained clearinghouses of technical
information. One clearinghouse contains information on best available
control technology (BACT) and lowest achievable emission rates (LAER).
This 8ACT/LAER clearinghouse is a central collection point for basic
BACF/LAER information and is designed to assist Statp and local agencies
in the technical aspects of BACT/LAER determinations. Participation in
the clearinghouse by State and local agencies is voluntary. In 1982, EPA
revitalized the clearinghouse to increase user participation and to
increase the efficiency of information receipt and distribution. In
addition, EPA published a report in May 1982 in which over 550 BACT/LAER
doterminations were summarized. Another clearinghouse contains information
on air quality modeling. This clearinghouse maintains a historical
record of modeling decisions, clarifies EPA modeling guidance and promotes
an ('wariness of EPA modeling policies.
The Chemical Manufacturers Association (CMA) and others legally
challenged the regulations that EPA promulgated on August 7, 1980, dealing
with prevention of significant deterioration (PSD) and nonattainment area
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new source review regulations. In attempting to resolve the CMA concerns
and to explore certain regulatory reform measures, EPA entered into a
litigation settlement with the industrial parties on February 22, 1982,
in which EPA agreed to propose certain regulatory changes. One change
concerning vessel emissions was promulgated June 2b, 1982. Other
proposals are scheduled for 1983.
F. CONTROL OF STATIONARY SOURCE EMISSIONS
In the area of stationary source controls, work progressed on the
development of emissions standards for those major source categories not
yet regulated under new source performance standards (NSPS). A total of
nine NSPS were promulgated in 1982, and ten were proposed. Thirteen
promulgations are planned for 1983.
Regulations under Section 112 of the Act governing coke oven emissions
and benzene emissions from a number of sources in the chemical and petrolovn
industries were in preparation in 1982.
G. STATIONARY SOURCE COMPLIANCE
In the late 1970s, .EPA embarked on a program to bring sources which
had never installed control equipment into initial compliance with
applicable air quality regulations. Through the combined efforts of
industry, States, and the Federal government, the goals of this program
had b^en largely achieved by the end of 1982, when over 94 percent of the
sources in the country were reported as achieving initial compliance or
being in compliance with schedules to install controls. Among the sources
brought into compliance through this effort were some of the largest
contributors to the nation's air pollution problems, with many of them
having been in violation for several years.
On September 21), 1982, the Administrator issued a policy on enforcement
against sources in primary nonattai nment areas that are not in compliance
with the Clean Air Act by December 31, 1982. The policy recognizes that
courts have equitable jurisdiction to fashion relief that allows a source
to continue to operate in violation beyond 1982 while taking steps to
come into compliance expedi tiously. The policy sets forth criteria to
determine the relief the Agency should seek in each case, particularly
wnether a compliance schedule is appropriate or whether the Agency should
seek closure of the source until it can demonstrate compliance.
One of the major ^niphases of the air enforcement program has
the implementation of the Steel Industry Compliance Extension Act. Under
this Act, Congress gave the FPA Administrator authority to extend deadlines
for installation of certain air pollution control equipment for up to
three years if a company agreed to invest an amount at least equal to
the deferred costs of pollution control equipment in modernization to
improve the efficiency and productivity of its steel-making facilities.
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A total of ten companies submitted applications since the legislation was
sijned on July 17, 1981. In 1982, consent decrees implementing the
Administrator's favorable findings on four of these applications were
ivjotiated with the eligible companies and were at various stages in the
judicial process.
H. CONTROL OF MOBILE SOURCE EMISSIONS
In the area of light-duty vehicle emission standards, EPA has proposed
to postpone from 1985 to 1987 the requirement that particulate emissions
from passenger cars he limited to 0.2 grams per mile due to concerns
about the reliability of control technology. In 1982, EPA prepared
rulemaking pertaining to high altitude standards for 1984 light-duty
vehicles and 1984 and later light-duty trucks, and proposed high altitude
standards for 1985 and later light-duty vehicles. For heavy-duty vehicles,
sMndards controlling heavy-duty evaporative hydrocarbon emissions for
the first time were prepared for promulgation in early 1983. EPA also
proposed that exhaust emission regulations for model year 1984 heavy-duty
engines requiring the use of catalyst technology be revised to a level
that would not require catalysts, due to the large costs involved and the
financial state of the industry.
In 1982, EPA published a rule revising the standards applicable to
the lead content of gasoline. This action will reduce airborne lead 34
percent more by 1990 than under the previous rule.
In order to assure that motor vehicles conform to applicable emissions
standards, EPA required the recall of 1,169,352 vehicles in 1982. In
addition, auto manufacturers voluntarily recalled 28,049 vehicles to
correct omissions problems.
EPA is responsible for implementing programs designed to deter
tampering with vehicle emissions control systems or using leaded fuel in
vehicles which require unleaded fuel. In 1982, EPA prepared an initiative
(0 promote State and local anti-tampering and anti-fuel switching
->nforcement programs.
!. LITIGATION
The U.S. Courts of Appeals decided ten cases under the Clean Air Act
in 1982. Nine of the ten cases involved the rules for setting up,
approving, and operating SIP's.
The most important case decided in 1982 was NRDC v. Gorsuch which
dealt with the definition of a major source for new source review purposes.
rJV-, regulations had allowed States to treat as a single source the
sitiation where a number of emitting units, each of which could be a
•najor source if viewed in isolation, are located at a common plant site.
The District of Columbia Circuit Court rejected this approach.
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Other major decisions in 1982 related to EPA's approval of State
relaxations of control requirements for sulfur dioxide. Three decisions
in 1982 upheld EPA's approval of such revisions.
Other decisions in 1982 upheld EPA's policies of conditionally
approving SIP's and approving or disapproving portions of SIP's instead
of the total plan.
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II. AIR QUALITY TRENDS, MONITORING, AND MODELING
This chapter describes current trends in ambient air quality levels
(the concentration of a given pollutant in the atmosphere) as well as
trends in the actual emissions into the air of the various pollutants.
In addition, the chapter discusses the topics of air quality monitoring
and air quality modeling. Data on ambient air quality levels and emissions
are through 1981, the latest year for which EPA has complete statistics.
A. NATIONAL AIR QUALITY AND EMISSION TRENDS
National ambient air pollution levels have dropped for each of the
major pollutants between 1980 and 1981. This is the first time that a
short-term improvement has been observed for each of the pollutants for
which there are national ambient air quality standards. The ambient air
quality data used in the following pollutant assessments were obtained
from EPA's National Aerometric Data Bank. The data were gathered
primarily from State and local air pollution control agencies through
their monitoring activities.
All of the ambient air quality trend analyses, which follow, required
the monitoring sites used to contain at least 5 of the 7 years of data in
the period 1975 to 1981. In each of these years, an annual data completeness
criterion had to be met. As a result of these criteria, only a subset of
existing sites are used for trends purposes.
Total Suspended Particulate (TSP) - The trend in TSP is complicated
by the fact that the glass fiber filters used to collect TSP data have
been manufactured by different vendors. Since 1977, the glass fiber
filters used throughout the nation at TSP monitoring sites have been
centrally procured by EPA for the State and local agencies in order to
obtain uniformity in TSP collection methods and save money. The filters
used in 1979, 1980, and 1981 were found to record higher values than the
filters used in 1978 and 1982 because of higher filter alkalinity, which
is related to conversion of sulfur dioxide and nitrogen dioxide to
particulate sulfates and nitrates. This complication makes it difficult
to determine long-term changes in air quality for the period 1975 to
1981. However, the short-term changes in air quality between 1980 and
1981 can be examined for the filters used in both years were manufactured
by the same vendor. The median rate of decrease among the 1289 sites
with data in 1980 and 1981 was 6 percent. Most of the decrease between
1930 and 1981 occurred in the Northeastern, North Central, Rocky Mountain,
and Northwestern States. The largest decrease in ambient TSP air quality
levels was observed in the Northwestern States which fell 13 percent
between 1980 and 1981. Particulate emissions exhibited a decrease of
approximately 20 percent during the 1975 through 1981 time period with a
decrease of approximately 2 percent between 1980 and 1981. It is not
entirely clear why the estimated emissions decrease is 2 percent betwpen
1980 and 1981, while the TSP air quality decrease is 6 percent.
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Sulfur Dioxide ($02) - Annual average ambient SO? air quality levels
measured at 416 sites with continuous SO? monitors decreased 27 percent from
1975 to 1981. A similar decrease of 31 percent was observed in the trend
in the composite average of the second maximum 24-hour average. Corre-
spondingly, there was a 12 percent drop in sulfur oxide emissions. Even
though precise statistics on power plant siting trends are not available,
the difference between emission trends and air quality trends is believed
to arise because new electric utility power plants have been located in
rural areas while older plants located in urban areas have been closed.
Most of the ambient monitors are located in urban areas with few in rural
areas. Further, the residential and commercial areas, where the monitors
are located, have shown sulfur oxide emission decreases comparable to S02
air quality improvement. These decreases in sulfur oxide emissions in
the residential and commercial areas are believed to be due to a combination
of energy conservation measures and the use of cleaner fuels.
Carbon Monoxide (CO) - The second highest nonoverlapping 8-hour
average ambient CO air quality levels at 224 sites decreased at a rate of
approximately 5 percent per year, with an overall reduction of 26 percent
between 1975 and 1981. An even greater improvement was observed in the
estimated number of exceedances, which decreased 84 percent. The improve-
ments generally reflect CO levels at traffic-saturated monitoring sites
in the center city, which are believed to have experienced little or no
change in the number of vehicles in their vicinity. A check of selected
National Air Monitoring Stations shows no discernible change in traffic
volume on the roads adjacent to the sites over the time period 1975-1981.
Consequently, the improvement in CO air quality levels reflects the
reduction in emissions from new cars resulting from Federal standards for
vehicle emissions. CO emissions decreased 10 percent during the same
period. Between 1980 and 1981, the median rate of improvement was 3
percent among the 163 sites with both 1980 and 1981 data. If only the
sites with second maximum values above the level of the 8-hour CO standard
are considered, the median rate of improvement was 7 percent, so that the
higher sites continued to show improvement for the second maximum value
between 1980 and 1981.
Nitrogen Dioxide (N02) - Annual average ambient N02 air quality levels
measured at 445 sites increased from 1975 to 1979 and then began declining.
The air quality trend is very similar to the trend in nitrogen oxides
•^missions. The net long-term change between 1975 and 1981 is an increase
of 5 percent in NO? air quality levels and a 5 percent increase in emission
levels. A decrease was observed between 1980 and 1981 in both the air
quality, as measured at 201 sites with data in both years, and emissions
levels of 8 and 2 percent, respectively.
Ozone (03) - The composite average of the ambient second highest
daily maximum 1-hour 03 air quality values recorded at 209 sites decreased
14 percent between 1975 and 1981. An even greater improvement was observed
in the estimated number of exceedances in the third quarter ozone season,
which decreased 42 percent. Volatile organic compound (VOC) emissions
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decreased 9 percent during the same time period. The greater improvement
observed in ozone air quality levels appears to be a combination of
reductions in VOC emissions and the change in the calibration procedure
which took place between 1978 and 1979. Between 1980 and 1981, the
majority of the 159 trend sites with ambient air quality data in both
years decreased with a median rate of improvement of 8 percent. This is
consistent with the 7 percent drop in VOC emissions during this period.
Lead (Pb) - The composite maximum quarterly average of ambient lead
air quality levels, recorded at 92 sites, decreased 57 percent between
197b and 1981. The sample of 92 sites is heavily weighted by monitors in
the States of Texas, Maryland, and Pennsylvania. Individual trends in
each of these States show decreases. The lead consumed in gasoline
dropped 67 percent, primarily because the use of unleaded gasoline is
required in catalyst-equipped cars. Between 1980 and 1981, the maximum
quarterly average lead air quality levels decreased 18 percent among the
113 sites with data in both years. The decrease in lead consumption over
the same time period is 29 percent.
B. AMBIENT AIR MONITORING
EPA promulgated regulations in 1979 which required States to establish
and operate ambient air monitoring networks and to report the data to
EPAJ7 Two types of permanent stations are provided for in the regulations-
State and Local Air Monitoring Stations (SLAMS) and National Air Monitoring
Stations (NAMS).
The SLAMS, which were designed to meet the overall monitoring
requirements of State Implementation Plan activities, were rpquirpd to
meet all provisions of the regulations by January 1, 1983. The NAMS, a
subset of the SLAMS, were to provide a national monitoring network as
required by Section 319 of the Clean Air Act. The NAMS deadline for
meeting all provisions of the monitoring regulations was January 1, 1981.
Tables II-l and 11-2 summarize the status of the SLAMS and NAMS
network through December 1982. Table II-3 lists, by pollutant, the number
of SLAMS as well as NAMS.
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Table II-1 SLAMS Status Through December 1982
Network
Total planned network*
Less: Monitors not operational
Monitors operational
Less: Monitors using uncertified or
unacceptable equipment
Monitors not having a fully approved quality
assurance plan
Monitors improperly located
Monitors in operation meeting all requirements
of the regulations
includes NAMS monitors
Number of
Monitors
4959
127
4832
0
85
88
4659
Percent of
Total Network
100.U
2.6
97.4
0
1.7
1.7
94.0
Table 11-2 NAMS Status Through December 1982
Total planned network
Less: Monitors not operational
Monitors operational
Less: Monitors using uncertified or
unacceptable equipment
Monitors not having a fully approved quality
assurance plan
Monitors improperly located
Monitors in operation meeting all requirements
of the regulations
Number of
Monitors
1370
16
1354
0
31
0
1323
Percent of
Network
100.0
1.2
98.8
0
2.2
0
96.6
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Table II-l shows a total of 4959 planned SLAMS monitors of which
4832 or approximately 97 percent were in operation. This number is about
the maximum expected since monitoring station shutdowns routinely occur
because of lost leases, urban renewal projects, and changing ambient air
monitoring priorities. The table also shows that 4659 or 94 percent of
the total planned network are meeting all requirements of the regulations.
The 173 noncomplying operating monitors should meet the requirements with
some small changes in monitor locations and the submittal of approvable
standard operating procedures for three local agencies.
Table 11-2, shows that of the 1370 planned NAMS, 1354 or approximately
99 percent were in operation through December 1982. Of the operating
monitors, 1323 were meeting all requirements of the regulations. The
remaining monitors, which are mostly lead monitors, should be in com-
pliance by April 1983. Lead monitors were required to meet all monitoring
regulations by July 1, 1982.
Table II-3 National Summary of Air Monitoring Stations
Pollutant
TSP
S02
N02
CO
03
Pb
TOTAL
SLAMS
(including NAMS)
2637
603
290
454
616
359
4959
NAMS
649
231
56
113
214
107
1370
C. AIR QUALITY MODELING
An air quality model is a set of mathematical equations that describe
the atmospheric transport, dispersion, and transformation of pollutant
emissions. By means of these equations, a model can be used to calculate
or predict the air quality impacts of emissions from proposed new sources,
emissions from existing sources, or changes in emissions from either of
these source categories. These models are of great utility because they
provide a means whereby the effectiveness of air pollution controls can b?
estimated before action is taken.
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During 1982, the major program to evaluate several categories of
models was continued. This program was developed in response to
recommendations of the American Meteorological Society (AMS) under its
cooperative agreement with EPA. The evaluation and scientific review of
rural models was completed. The evaluation of urban models was initiated
and will be completed in 1983. Data bases for complex terrain and long-
range transport models were compiled and evaluations will be initiated in
1983.
The evaluation of rural models reaffirmed that models are reasonably
reliable in estimating the magnitude of the highest concentrations
occurring some time, somewhere within an area. For example, errors in
highest estimated concentrations of _+ 10 to 40 percent are found to be
typical, i.e., certainly well within the often-quoted factor-of-two
accuracy that has long been recognized for these models. However,
estimates of concentrations that occur at a specific time and site are
often poorly correlated with actually observed concentrations and are
much less reliable. Poor correlations are probably due to uncertainties
in our knowledge of the precise plume location for any given time period.
Work also continued on the explicit consideration of model uncertainty
in decision-making. Under the AMS/EPA cooperative agreement, the AMS
conducted a workshop on "Quantifying and Communicating Uncertainty in
Regulatory Air Quality Modeling." A major result of the workshop was the
proposal of a new technique to directly calculate uncertainty. This
proposal is being studied and tested both in-house and under contract.
In addition, efforts are being made to further test and expand the expected
exceedances (ExEx) methodology, which allows variability in fuel quality
to ho considered. Inclusion of multi-year, variable meteorological
conditions was successfully implemented to improve the representativeness
of the method. During 1983, an effort will be made to integrate calculation
of model uncertainty directly with the ExEx methodology. As a result,
decision-makers could have a complete, quantitative assessment of the
effects of variable emissions, meteorological conditions, and model
performance on effective and reliable control regulations for fuel burning
sources.
Efforts to improve guidance on air quality models and ensure
consistency in their use have also continued. Model clearinghouse
activities were maintained to ensure that use of nonguideline techniques
does not lead to inconsistent regulatory decisions. A workshop was held
with modeling contacts in EPA's ten Regional Offices to improve communi-
cations on the use of models and to resolve problems common to several
Regions. Guidance on such problems was expanded and circulated to these
offices. Finally, work to revise and update the "Guideline on Air Quality
Models" was initiated.2J During 1983, an effort will be made to incorporate
the results of the mod¥l ^valuation program, uncertainty analyses, and
ongoing efforts to ensure consistency into improved modeling guidance
tor regulatory applications.
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III. AIR POLLUTION RESEARCH PROGRAMS
EPA's Office of Research and Development (ORD) provided pxtensive
technical support to EPA's air pollution control activities in 1982.
ORO's air research program is divided into four major categories: Oxidants,
Mobile Sources, Gases and Particles, and Hazardous Air Pollutants. The
research in each of these areas is planned by a Research Committee composed
of ORD managers and representatives from EPA's program offices. Each
Research Committee plans the full range of research for the pollutants
covered by that Committee. The research covers the areas of scientific
assessments, monitoring systems and quality assurance, health effects,
environmental engineering and technology, and environmental processes
and effects. The discussion of 1982 research accomplishments is organized
along these lines. In addition to the discussions of the four major air
research programs, a discussion of ORD's research program on acid deposition
is included.
A. OXIDANTS
research program focuses on air pollution problems
tone (03), nitrogen dioxide (N02), and volatile orgj
The oxidants
associated with ozone (03), nitrogen dioxide (N02), and volatile organic
compounds (VOCs).
Scientific Assessments
National workshops were convened to collect data and discuss scientific
issues necessary to update the criteria document for ozone and other photo-
chemical oxidants. The final review draft of the document is scheduled to
be completed in 1984 and published in 1985.
Monitoring
The first operational, standard ultraviolet spectrophotometer was
delivered to EPA by the National Bureau of Standards. Additional units
are to be used as standards for the calibration of field units. An interim
report was published describing the atmospheric ozone concentration in
National Forests (National Air Pollution Background Network). Work continued
on the development of a cryogenic system for trapping and measuring non-
methane hydrocarbons. A portable auditing system was developed and is in
use for the calibration and auditing of existing field monitors of ozone
and nitrogen oxides (National Audit Program). Final data reports were
published for urban/point source plumes in the Midwestern U.S. and North-
eastern U.S. A final report was prepared covering a monitoring project
for the South Coast Air Basin/Southeast Desert Oxidant Transport Study and
the operational phase of the San Diego Oxidant Transport Study was completed.
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Health Effects
The oxidants health effects research program focuses primarily on
providing human and animal dose-response data to re-evaluate the criteria
documents for 03 and N02. Emphasis was placed on assessing pulmonary
function changes in healthy and potentially sensitive populations following
oxidant inhalation. Accomplishments during 1982 included clinical studies
which describe alterations in blood lipid levels following chronic ozone
exposure. An increase in the level of circulating blood lipids correlates
with increased risk of arteriosclerosis.
The program also focused on developing better models to extrapolate
animal effects data to humans. Major accomplishments in this area included
a mathematical model which predicts 03 and N02 transport patterns in human
lungs, using rodent dose-response data, and in in vivo comparisons between
human and animal lung tissue and sensitivity to damage from oxidants.
Environmental Engineering and Technology
Research on VOC emission reduction technologies focused on the evalua-
tion of technologies such as carbon adsorption, thermal oxidation, catalytic
oxidation, capture systems, and flares. A pilot-scale testing facility for
flares was constructed and a testing program initiated to determine industrial
flare emissions for a variety of operating conditions and waste gases. Pre-
liminary results indicate greater than 98 percent combustion efficiency
under most test conditions. Under the catalytic oxidation project, a
cooperative field test program was developed with several industries and
full-scale testing was initiated. A joint demonstration was conducted
with a major truck manufacturing company to evaluate a microprocessor
control device for VOC control in metal coating operations. A compilation
of VOC emission factor data for the ferrous metallurgical industries was
completed.
Research on nitrogen oxides (NOX) emission reduction technologies
resulted in the following: (1) Scale-up and field evaluation of the heavy
oil/low NOX burner was initiated and NOX emission Deductions of 75-80
percent were achieved. (2) Bench-scale studies of in-furnace NOX reduction
were completed and a contract initiated to assess its applicability to
domestically designed boilers firing United States coals. Bench-scale
reductions as high as 80 percent were attained. (3) Performance testing
of combustion modifications that are applicable to spreader stoker boilers
was completed for a 1UO,000 lb steam/hr unit resulting in a 55-60 percent
reduction in NOX emissions. (4) Combustion modification technologies
(e.g., reduced primary air, modification of fuel injection velocities)
were evaluated on gas- and oil-fired refinery process heaters and on a
coal-fired kiln. On the process heaters, NOX emissions were reduced by
70 percent with gas firing and by 53 percent with oil firing. Cement
kiln experiments identified combustion modifications capable of 40 percent
NOX reduction. (5) Experiments to identify how the chemical/physical
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properties of coal are related to NOX emissions were conducted to predict
NOX emissions for specific fuels. (6) An investigation of oxygen trim
systems applied to pulverized coal-fired utility boilers was conducted to
determine the extent to which other boilers could adopt this mode of opera-
tions to achieve NOX reduction. (7) A pilot evaluation of a one million
Btu per hour wall-fired furnace with simulated boiler conditions was con-
ducted to test S02 removal by the limestone injection multi-stage burner
(LIMB) process. Initial results indicate that on a retrofit basis removals
of bO-60 percent are possible for NOX and sulfur oxides (SOX), and on a
new boiler design basis removals of 60-80 percent are possible for SOX
and bO-70 percent for NOX.
Environmental Processes and Effects
The primary focus of the research in this area in 1982 was the development
and testing of air quality models for use by the States in the development
of State Implementation Plans for ozone abatement strategies. Under this
program, several urban scalp photochemical air quality models for ozone
were successfully tested and validated against the St. Louis area compre-
hensive air quality and emission data base.y In addition, a regional scale
model for ozone was formulated, tested, and upgraded utilizing portions of
the Northeast Regional Oxidant Study (NEROS) air data base. The regional
model, when fully developed and validated, will be used by State and Regional
offices to calculate the extent of ozone transport from one area to another.
Although the regional model was formulated to predict regional ozone levels,
it was also designed for use in modeling regional scale transport and
deposition of fine inhalable particles and sulfates.
In the area of secondary (welfare) effects, research focused on
assessing the impacts of ozone on major agronomic crops. A pilot assessment,
involving ozone dose-response functions for soybeans, was conducted to
test the feasibility of using crop yield simulation models for estimating
the impacts of ozone on crop production. Regional economic assessments
for crops grown in the Midwest and California are being completed. These
will form the basis for national assessments of the economic impacts of
ozone on the agricultural industry in the U.S.
B. MOBILE SOURCES
The Mobile Sources research program is designed to determine the
health effects of motor vehicle emissions with emphasis on diesel exhaust
and carbon monoxide (CO). The program is also designed to develop methods
for measuring unregulated pollutants in automotive exhaust and for measuring
or estimating actual population exposure to motor vehicle emissions.
Scientific Assessments
A report using recent Agency research data was prepared comparing the
carcinogenic potency of diesel participates to other polycyclic mixtures
that are known to be carcinogenic. This report was prepared to assist in
setting standards for particulate diesel emissions.
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Monitoring
A computerized solid state data logger for use in personal monitoring
instruments was developed, and 75 miniaturized CO personal air quality
monitors were constructed incorporating an electrochemical sensing cell and
the data logger. A field study design was completed to conduct a full-scale
study of exposure to CO in an urban area. The field study will use the new
personal monitors to measure the CO exposures of 1,000 persons in Washington,
DC., and bOU person-days in Denver, Colorado. Data collection activities
were initiated in the fall of 1982. A computer model was developed to
simulate the daily activities of the urban population and their CO exposures
and resulting carboxyhemog'lobin levels.
Health Effects
The carcinogenic potency of particle bound organics from diesel exhaust
was evaluated utilizing intratracheal instillation in hamsters and dermal
exposure in mice. In addition, the in vivo distribution, metabolism, and
carcinogenic potential of nitroaromatics were studied since these agents
appear to account for a significant portion of the mutagenic activity
observed in diesel particle bound organics. The biological activity of
fractions of unregulated organic emissions (gaseous and particle components)
resulting from combustion of a variety of fuels was evaluated using in vivo
bioassays to detect gene mutations, DNA damage, chromosomal effects, oncogenic
transformations, and cellular toxicity. Animal studies were conducted to
ascertain the effects of chronic CO exposure on cardiovascular and central
nervous system development in fetuses and newborn offsprings.
Environmental Processes and Effects
Research focused on characterizing the gaseous and particle emissions
from a variety of motor vehicle categories. In particular, chassis dynamom-
eter experimental test procedures were developed for use by researchers to
characterize emissions under simulated in-use driving conditions. Data
resulting from the characterizations will improve the motor vehicle air
emissions data bases. Also, emissions from gasolin^ fueled passenger cars
were characterized for volatile organic compounds, including aldehydes,
using these test procedures. A major study on unregulated pollutants, gas
phase toxic pollutants, and catalyst synthesized gases was completed.2/
An emissions characterization program was initiated to study gaseous and
particulatf emissions from in-use heavy-duty and gasoline powered trucks
and buses.
C. GASES AND PARTICLES
The Gases and Particles research proyram focuses on air pollution
problems associated with particulate matter, sulfur dioxide (SO-^), and lead,
and the interactive effects of combining S02 and particles with other
pollutants such as 03 and
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Scientific Assessments
The air quality criteria document for sulfur oxides and particulate
matter was completed in 1982. Copies of the final document are scheduled to
be published at the time the standard is proposed in accordance with
Section 109 of the Act.
National workshops were convened to collect data and discuss scientific
issues pertinent to the rewrite of the air quality criteria document for
lead. The final draft is scheduled to be completed in 1984.
In 1982, the new 10-micrometer (urn) samplers for particulate matter
were tested successfully and installed in 24 stations in the Inhalable
Particulate Network (IPN). The results from these stations will be
compared to the results from the 15 urn samplers in 76 other IPN stations
to help assess the impact of revised standards for particulate matter.
A study was carried out in Philadelphia to estimate the influence of
roadway traffic on atmospheric levels of particles and various elements,
especially lead. Another study tested the ability of a new particulate
matter sampler, the Wide-Range Aerosol Classifier, to size-classify particles
in three different types of urban atmospheres and in a nonindustrial comparison
area.
Quality assurance activities for the IPN, the NAMS/SLAMS Network,
and the trace metals network continued. A second prototype personal monitor
for particles was built and received further testing.
Health Effects
Dose-response studies in mice showed that pulmonary infection, caused
or exacerbated by particle inhalation, may result in lung fibrosis. A study
of the acute effects of volcanic ash inhalation showed only very slight
effects on animal pulmonary physiology, structure, biochemistry, and host-
defense mechanisms. Animals with emphysema were found to be less susceptible
than healthy animals to pulmonary structure changes following subchronic
exposure to ammonium sulfate and ammonium nitrate.
An important advance was made in the area of extrapolation modeling
from animals to humans. A model was developed which used lung branchings
to determine particle deposition in the lungs of different animal species. 3/
Environmental Engineering and Technology
In the S02 area, a full scale assessment of the use of adipic acid to
enhance limestone flue gas desulfurization (FGD) systems confirmed that
SOX removal exceeding 95 percent can he achieved and that the use of
this technology should enable both new and existing utility boilers to
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more easily and cheaply comply with SOX emission regulations. The cost-
effective advantage of combined SOX and particle control using dry-scrubbing
with fabric filter baghouses was assessed and appears to be superior to
convpntional FGD systems for certain low and medium sulfur content coals.
Initial tests of the limestone injection multi-stage burner (LIMB)
pror.pss on a tangential ly-fi red pilot furnace were conducted. Results
indicate that LIMB may be suitable for use in these furnaces.
In the particulate area, pilot-scale testing of two types of two-stage
electrostatic precipitators was initiated to determine their potential for
commercial applications for low sulfur coal fly ash collection. Projections
suggest that particle collection costs could be reduced by up to 50 percent.
Pilot-scale testing of an electrostatically enhanced fabric filter (ESFF)
baghouse using reverse air cleaning (typical for utility power plants)
showed that a substantial reduction of pressure drop can be achieved (up
to 5U percent). ESFF continued to show similar improvements for the pulse-
jet mode, the mode most commonly used for industrial boilers. In addition,
field evaluations were completed for magnetic high-gradient filtration of
magnetically susceptible dusts and for road carpets for reducing fugitive
emissions. Field studies were also undertaken in the iron and steel area
to establish the long-term effectiveness of sprayed-on additives for fugitive
dust control on unpaved roads.
Source characterizations and development of size-specific emission
factors for major sources of particulate matter emissions continued.
Results from the source characterizations are being combined with existing
data to develop size-specific emission factors for sources including paved,
unpaved, and industrial roads, iron and steel, nonferrous, cement, lime,
asphaltic concrete, ferroalloy, kraft pulp mills, iron foundries, and
combustion processes. These emission factors are needed by the States for
revision of State Implementation Plans.
The Seventh FGD Symposium, co-sponsored with the Electric Power
Research Institute, the Fourth Symposium on the Transfer and Utilization
of Particle Control Technology, and the Fourth Symp^ium on Iron and Steel
Pollution Abatement Technology, co-sponsored with the American Iron and
Steel Institutes, were conducted.
Environmental Processes and Effects
Research in the gases and particles area focused on the transport and
fate of S02 and particles as well as their effects on agricultural crops,
materials, and visibility.
In the air modeling research area, work was conducted on the development
of improved air quality dispersion models for use in complex terrain. The
research concentrated on plume impaction studies in elevated terrain. The
results of the Small Hill Impaction Study #1 were published in the fall of
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1982 and will be used to evaluate the complex terrain models.4_/ A study of
plume impaction on a two-dimensional ridge was conducted in the fall of 1982.
The Green River Ambient Model Assessment Study Group completed development
of a mountain valley air quality model.
An interim urban and mesoscale model that addresses the 1-hour and 24-
hour average of S02 and particles needed for SIP revisions was developed.
Research was also conducted on regional scale model development in order to
understand better the meteorological conditions that lead to prolonged
elevated pollutant episodes.
Under the Source Apportionment Methods (SAM) program, the second
receptor modeling workshop was held in the spring of 1982 to determine thf
reliability of currently available source apportionment methods. Two
major field studies were completed. The first was conducted in Philadelphia
to provide source and ambient data for developing and evaluating urban
particulate dispersion and receptor models, and the second was conducted
in Denver to determine the sources of visibility-reducing particles.
In the area of secondary (welfare) effects research, field and green-
house studies were conducted to assess the interactive effects of SO?, 03,
and N0£ on agricultural crop growth and yield. This research was baspd
on preliminary information that indicated that these pollutants, acting in
combination, may affect crops differently than if crops were exposed to
the pollutants individually. Also, research conducted on the quantification
of pollutant damage to materials in economic terms resulted in several
reports and journal articles on an economic benefits model for materials
and on the soiling of material surfaces under various environmental conditions.
D. HAZARDOUS AIR POLLUTANTS
The pollutants covered by the hazardous air pollutant (HAP) research
program are those air pollutants that are either currently regulated or are
potential candidates for being regulated under Section 112 or Section lll(d)
of the Clean Ai r Act.
Scientific Assessments
Draft comprehensive health assessment documents for the following air
pollutants underwent initial review by the Science Advisory Board (SAB):
methylene chloride, methyl chloroform, fluorocarbon 113, toluene, perchloro-
ethylene, carbon tetrachloride, and acrylonitrile. A draft report on the
carcinogenic effects associated with coke oven emissions also underwent SAB
review in 1982.
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Comprehensive health assessments were initiated for eight chemicals:
ethylene oxide, ethylene dichloride, chloroform, epichlorohydrin, chromium,
manganese, nickel, and vinylidene chloride. Updated assessments were
started for asbestos, vinyl chloride, and cadmium.
Monitoring
As a result of stability tests on quality assurance materials, the
organic audit repository was expanded to 40 different compounds. Thirteen
audits were completed on source test contractors. A benzene Standard Ref-
erence Material (SRM) was issued. A report on quality assurance guidelines
for ambient air programs of national scope was peer reviewed and was
distributed.^/ During 1982, validated data on benzo-a-pyrene and trace
plements including arsenic, chromium, and cobalt were obtained. This is
an annual update obtained from analysis of glass fiber filters from State
and local control agencies.
Health Effects
Short-term bioassays were developed and used to identify mutagenic
fractions in ambient air. Similar assays were used to determine that
inhalable particulate emissions from wood stoves in the home are 20-600
times greater than home heating oil inhalable particulate emissions. lr±
vitro studies of the non-carcinogenic effects of toluene at higher than
ambient concentration levels showed both immunological effects (increased
susceptibility to streptococcus infection) and neurobehavioral effects
(increased sleep time) in animals.
Environmental Engineering and Technology
In 1982, emphasis was placed on collecting emission data and evaluating
emission reduction technologies to assist the review and development of
National Emission Standards for Hazardous Air Pollutants (NESHAPS). An
analysis of potentially hazardous organic emissions from ferroalloy produc-
tion was completed. These results showed some furnaces generate significant
quantities of these pollutants. However, properly operated control devices
can significantly reduce discharge of these materials into the atmosphere.
Research continued on generic VOC emissions reduction technologies which
may have application to the control of hazardous air pollutants as well.
Environmental Processes and Effects
Emphasis was placed on quantifying the levels of potential hazardous
air pollutants and determining their fate in the atmosphere. In particular,
a data base was compiled summarizing the current state of knowledge of
volatile organic compounds (VOC's) in the ambient air and photolytic decompo-
sition rates were determined for a selected number. Also, research was
conducted on some HAP's having long atmospheric residence times to determine
their rates ot physical loss to the atmosphere through dry and wet deposition
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and decomposition. Preliminary ambient air characterization studies were
concluded in ten urban areas on a selected number of potentially hazardous
trace VOC's as an initial step towards mapping their natural, spatial, and
temporal variabilities.
E. ACID DEPOSITION
Research on the sources, effects, and possible mitigation strategies for
controlling acid deposition continues to be a high priority for EPA. During
1982, the Agency worked closely with the other members of the Interagency
Task Force on Acid Precipitation to more clearly establish and verify the
relationship between emissions and deposition, determine the dose-response
functions and the extent of potential impacts, and assess the relative
costs and benefits of possible mitigation strategies. Research on acid
deposition is organized by the following Task Force sub-groups: Natural
Sources, Man-made Sources, Atmospheric Processes, Deposition Monitoring,
Aquatic Effects, Terrestrial Effects, Effects on Materials and Cultural
Resources, and Assessments and Policy Analysis. EPA contributed significantly
to the following major accomplishments achieved by the Task Force in 1982
as described below.
Natural Sources
Techniques for reliable field measurement of sulfur and nitrogen emissions
from natural sources were developed and tested. In addition, preliminary
measurements of natural sulfur compounds in the ocean were obtained that
suggest emissions from marine sources may contribute significantly to the
production of acid precursors.
Man-made Sources
A study on emission sources was completed that suggested that local
petroleum combustion, as well as coal combustion, could contribute signifi-
cantly to the production of acid precursors. Also, EPA continued to develop
models to predict the cost and emissions changes from utilities and industries
based on various possible control strategies.
jheric Processes
In 1982, the first comprehensive isopleth maps describing the distribution
of major chemical species over North America were produced. The planning
and initial testing for a major field experiment to be performed in 1983
that will track thp movement of tracer gases released in the Midwest and
Canada over hundreds of miles was completed. In addition, initial obser-
vations that confirm the importance of clouds in transforming sulfur dioxide
to acidic sulfates were obtained.
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Deposition Monitoring
Three research sites to test improved methods of monitoring wet and
dry deposition were established, precipitation chemistry data were analyzed,
and acid deposition maps for North America were produced. In addition,
field measurements of dry deposition obtained from different prototype
methods were compared and continued efforts to develop reliable techniques
for routine measurement of dry deposition were compared.
Aquatic Effects
A preliminary, qualitative map of the nation indicating regions where
surface waters are likely to be most sensitive to acidification was produced,
and a preliminary survey of drinking water in the Northeast was completed.
In addition, long-term monitoring of aquatic resources (chemistry and
biota) in key sensitive regions was initiated, and existing information on
mitigation strategies (e.g., liming) was evaluated, and field and laboratory
studies to examine their effectiveness and limitations were initiated.
Terrestrial Effects
Extensive long-term studies were initiated to determine whether acid
deposition has caused changes in the rate of growth and species composition
in forests. In addition, a study was conducted to evaluate whether acid
deposition predisposes pine seedlings to stress factors. Results indicated
that there was not an increase in susceptibility to insect or disease
attack, and in some seedlings, there was an increased resistance to disease.
Agricultural experiments using simulated acid deposition also were
conducted. These experiments did not indicate injury to potato or to
forage plants. Experiments involving corn and soybeans gave mixed results with
yields decreasing under some circumstances but increasing under others. A
study of soils in the Southeast, mid-Atlantic coast, and Northeast was
conducted which showed variable responses to acid deposition relative to
mobilization of toxic metals and leaching of nutrients.
Studies were conducted which indicate that southeastern watersheds are
accumulating sulfur. The importance of this change in sulfur concentration
on the chemical and biological characteristics of the surface waters is not
clearly understood. Finally, several studies were conducted on forest
canopies that indicated the situation is complex since they can either
decrease or increase the acidity of rain traveling through them.
Effects on Materials and Cultural Resources
Research to determine possible acid deposition related damage to
historical monuments was initiated anu field sites for testing materials
and estimating the relationship of deterioration rates to acid deposition
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were established. Information on the past deterioration of materials was
analyzed and documentation of possible protective treatments for materials
was begun.
Assessments and Policy Analysis
A first draft of a document providing a state-of-the-art report of
what is known about acid deposition and its effects was prepared for scientific
review. Research to develop methodologies for conducting integrated assess-
ments of the significance of various scientific and economic information
was initiated. Methods for estimating the uncertainty in models and the
implications for formulating management strategies were developed and
tested.
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IV. DEVELOPMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS
The 1977 Clean Air Act Amendments required EPA to review and revise,
if necessary, all of the national ambient air quality standards (NAAQS).
Reviews of all seven NAAQS were in progress during 1982.
In 1982, EPA developed material to support revocation of the existing
NAAQS for hydrocarbons (which was originally established as a guide for
attaining the NAAQS for photochemical oxidants) on the basis that it was no
longer appropriate and because there are now much more sophisticated techniques
available for designing control strategies for photochemical oxidants
(ozone). Promulgation of this action was scheduled for 1983.
During 1982, work continued on finalizing EPA's proposal of August 18,
198U, to revise the NAAQS for carbon monoxide.]_/ Additional review and
comment from the public and by the Clean Air Scientific Advisory Committee
(CASAC) was conducted in 1982 on several new issues that were raised since
proposal,2J
The revision to the criteria document for nitrogen oxides (NOX) was
completed in 1982.3>/ The NOX staff paper,4/ which interprets the critical
studies in the criteria document for use in the standard-setting process and
provides a range of values which the staff feels is most appropriate for
selecting the level of the air quality standard, was reviewed and concurred on
by CASAC. Proposal of standards is expected in 1983.
CASAC concurrence on the scientific accuracy and completeness of the
staff paper for particulate matter was received in January 1982.5/ Work on
the regulatory support documents was nearly completed and a proposal is
expected in 1984.
In 1982, CASAC conducted two public reviews of the staff paper for
sulfur oxides (SOX) and their recommendations to the Administrator are
expected in 1983. A proposal to reaffirm or revise the SOX standards is
expected in 1984.
Work on revising the criteria documents for ozone and lead was initiated
in late 1981, with initial drafts of chapters for the documents completed in
1982. Public workshops on the draft criteria document chapters were held
in late 1982. Work on the regulatory support documents was also initiated
in 1982. Release of the first external review drafts of the criteria
documents is scheduled in 1983.
Also in 1982, the Agency continued its efforts to develop methodologies
for using risk assessment in setting NAAQS, as has been suggested by a
number of groups, including the National Commission on Air Quality. The
CASAC has agreed to set up a subcommittee to assist and advise EPA in
applying risk assessment to the lead NAAQS review.
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V. STATUS OF AIR QUALITY MANAGEMENT PROGRAMS
A. STATE IMPLEMENTATION PLANS
1982 Attainment of NAAQS
One set of provisions included in the 1977 Amendments to the Clean Air
Act addressed those areas that had not yet attained national ambient air
quality standards (NAAQS). These provisions required that the primary
(health-related) NAAQS for particulate matter, sulfur dioxide, and nitrogen
dioxide be attained by December 31, 1982. For ozone and carbon monoxide,
the Act also required attainment of the primary NAAQS by December 31,
1982, except for those areas of the country which demonstrated that attain-
ment by that date was not possible even after application of all reasonably
available control methods. For those areas, attainment of the primary
NAAQS had to be as expeditious as practicable, but no later than December 31,
1987. In late 1982, EPA prepared a Federal Register notice for publication
in early 1983 that identified portions of 32 States and Territories that
EPA concluded would not meet the relevant requirements of the Act. Unless
information to the contrary was received from the public, EPA proposed
to find the State Implementation Plans (SIP's) inadequate for these areas.
1982 SIP Revisions for Ozone and Carbon Monoxide
Certain areas of the country that demonstrated that the primary NAAQS
for ozone (03) or carbon monoxide (CO) could not be attained by December 31,
1982, even with the application of all reasonably available control measures,
were granted an extension of the attainment date until no later than December 31
1987. The Clean Air Act required that all States receiving such an extension
submit a revised SIP by July 1, 1982, demonstrating attainment no later
than the end of 1987. A total of 31 States requested and were granted
compliance date extensions and were therefore required to submit revised
SIP's.
Also in late 1982, EPA prepared a Federal Register notice for publication
in early 1983 that pertained to the approval or disapproval of SIP's for
the 03 and CO extension areas. As of the end of 1982, two SIP's had received
final approval by EPA. All other SIP actions described in the Federal Register
notice would either be proposed approvals or proposed disapprovals. In that
notice, EPA proposed disapproval of plans for either 03, CO, or both
for 17 of the 31 States.
Lead SIP's
In October 1978, EPA published a national ambient air quality standard
for airborne lead under Section 109 of the Clean Air Act.jy Section 110 of
the Act required each State to adopt and submit to EPA within nine months
(i.e., by July 1979) a plan to implement that standard. The Act further
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required EPA to approve or disapprove these SIP's within four additional
months (by November 1979) and to promulgate SIP's within two additional
months beyond that (by January 1980) for States that did not meet the
requirements specified in the Act.
On July 30, 1982, the Natural Resources Defense Council (NRDC) and
other parties tiled suit in the U.S. District Court for the District of
Columbia to require EPA to promulgate lead SIP's for those States that had
not yet submitted them and to approve or disapprove lead SIP's that had
been submitted but on which EPA had not taken final rulemaking. The Lead
Industries Association and St. Joe Minerals Corporation intervened in
the suit on behalf of EPA. By the end of 1982, the parties to the suit
had met several times to try to negotiate a settlement to the suit that
would provide schedules for submission of lead SIP's.
Through 1982, EPA had reviewed and taken final action on 21 complete
SIP's for lead and 7 partial SIP's. For lead, a "complete" SIP is a state-
wide plan that covers all areas of the State; a "partial" SIP is a plan
that has been approved for some but not all areas of the State. Six
other complete lead SIP's had been submitted to EPA but EPA had not
taken final action in them in 1982. There were 29 States and Territories
that had not submitted complete lead SIP's to EPA through 1982. At least
12 of the States or Territories without approved lead SIP's appeared to be in
attainment already with the NAAQS for lead. In others, the problems were
generally found in local areas near stationary sources of lead and were not
statewide.
EPA took action to reduce lead emissions from motor vehicles, the
major source of lead emissions, as early as 1973. On October 29,
1982, EPA amended the rules governing fuel and fuel additives, known as
"lead-in-gas phasedown."2/ These amendments, which further limit the lead
content in gasoline, will reduce lead air pollution from mobile sources
(the principal source of airborne lead pollution) by 34 percent more than
would have occurred under the former regulations. In fact, the reduction
of lead emissions from mobile sources since 1973 has led to a substantial
decrease in the levels of airborne lead pollution i~ many areas including
a number of the States without approved lead SIP's.
B. PROCESSING OF SIP REVISIONS
One of the most significant management initiatives implemented during
1982 was the reduction of the SIP backlog. A number of problems had arisen
in the past in the processing of SIP revisions, all causing the review to
take too much time and causing poor relations with the States. Efforts
were focused in 1982 on changes to the SIP review process which would
accelerate review of routine and noncontroversial SIP actions and reduce
the duplication of effort between the States, the EPA Regional Offices,
and EPA Headquarters. This helped bring about better working relationships
between EPA and the States and reduced a great deal of the uncertainty
that the States had felt toward EPA regarding their SIP revisions. In
1981, three improved SIP processing procedures were developed, tested, and
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implpmented. These were the elimination of duplicative review, immediate
final rulemaking, and parallel processing. These were formally implemented
on September 4, 1981, and provided the foundation for SIP activity in
1982.3/
Prior to the implementation of these three procedures, the inventory
of SIP submittals awaiting Regional Office and Headquarters action was
growing because EPA was only able to process SIP actions at two-thirds the
SIP submittal rate. A project was begun in late 1981 and continued into
1982 to substantially eradicate this inventory. A reduction of 93 percent
was achieved by July 1, 1982. The continuing objective is to process SIP
revisions as rapidly as possible in order to avoid any future backlogs.
C. NATIONAL AIR AUDIT SYSTEM
The Federal program for air quality management under the Clean Air Act
is entering a period where more programs can be delegated to, and assumed
by, State and local air pollution control agencies. Examples of this
process include increased emphasis on delegations of authority for new
source performance standards (NSPS), national emission standards for
hazardous air pollutants (NESHAPS), and prevention of significant deteriora-
tion (PSD). This decreased Federal involvement in State decisions will
require effective oversight of national air quality management programs.
Of primary concern is the need to develop a uniform audit process
which enables the Regions to evaluate each State's performance and adherence
to national requirements and, at the same time, promotes and enhances a
cooperative working relationship between EPA and State and local air pollution
control agencies. In an effort to ensure equitable treatment of States in
the audit process, EPA Headquarters personnel consulted with Regional
Offices and representatives from State and local agencies in 1982 to develop
comprehensive guidance for implementation of a nationally consistent air
audit system. With the assistance of State and local air pollution control
agencies, EPA intends to develop standardized audit criteria and measures
in 1983 and begin a pilot national audit program in 1984.
D. EMISSIONS TRADING
Emissions trading includes several alternatives to traditional
regulation. These alternatives do not alter existing air quality require-
ments but simply give States and industry more flexibility to meet these
requirements. Bubble trades and emissions reduction banking are two of
the major emissions trading concepts being promoted by EPA.
Bubble Trades
Bubble trades allow existing plants (or groups of plants) to treat all
of their emission points as though they were under a giant bubble and reduce
or eliminate pollution controls where costs are high, in exchange for
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V-4
compensating increased control at emission sources where control costs are
low. They give firms increased compliance flexibility, meet current or
future pollution control requirements more quickly, make innovative control
approaches profitable, and can result in significant savings over the costs
of conventional controls. In 1982, EPA issued a proposed emissions trading
policy to replace the original bubble policy and to streamline procedures,
giving States and industry more opportunities to use bubbles in many more
circumstances and geographic areas.4_/ EPA plans to issue the policy in
final form after considering the comments that were submitted on the proposal.
In addition, in 1982 EPA approved or proposed to approve 33 bubbles saving
their users more than $120 million over the cost of conventional pollution
controls, with many producing energy savings and greater emission reductions
than traditional regulation. Over 100 other bubbles averaging $2 million
?ach in savings were under review at the State or Federal level.
Emissions Reduction Banking
Emissions reduction banking lets firms get credit for surplus emission
reductions and store such emission reduction credits (ERC's) in a legally-
protected manner. ERC's can be "banked" (stored) and used in bubble
applications to meet control requirements for existing plants more flexibly
and efficiently, as offsets to support economic growth in areas not meeting
air quality standards, or in "netting" to exempt certain expansions or
modernizations from new source review. Banking rules can speed trades
between firms, expand opportunities for bubbles, and encourage the production
of cheap ERC's at optimal times. Banking systems also provide the certainty
needed for firms to invest in ERC's when meeting other control requirements,
creating a pool of readily available credits that make trading easier and
speeds permit issuance while assuring progress toward clean air. As of
December 31, 1982, four areas (Louisville, KY; San Francisco, CA; Puget
Sound, WA; and the State of Oregon) had formal banking systems in operation
and at least 12 other areas had drafted or proposed full banking provisions.
E. BACT/LAER AND AIR QUALITY MODELING CLEARINGHOUSES
New or modified facilities that are to be contracted in areas of the
country that are currently attaining the national ambient air quality
standards are required by the Clean Air Act to install best available
control technology (BACT). In those areas of the country that have not yet
achieved compliance with the air quality standards, new or modified facilities
are required to meet the lowest achievable emission rate (LAER) for that
particular type source. Permits to construct new or modified sources are
issued by State and local agencies only after the sources agree to comply
with either BACT or LAER requirements. Often an air pollution control
agency will need to establish BACT or LAER requirements either for a source
type completely new to them or for a sou,ce type with which they have had
only minimal experience. In these cases, the permitting agency may not be
knowledgable of the more recent advances in control technology for such
sources and it is extremely helpful if the agency can refer to BACT or LAER
determinations made by other control agencies.
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EPA established the BACT/LAER clearinghouse several years ago in order
to assist State and local air pollution control agencies by promoting the
sharing of air pollution control technology information. In 1982, EPA
revitalized the BACT/LAER clearinghouse by increasing participation by
State and local agencies and by improving the mechanisms whereby input is
received and output is distributed.
The primary output of the BACT/LAER clearinghouse is a report of
information that has been obtained from the BACT/LAER determinations made
by the various control agencies. The most recent report entitled "BACT/LAER
Clearinghouse—A Compilation of Control Technology Determinations (May 1982)"
contains over 550 BACT/LAER determinations.^/ An updated compilation
containing approximately 700 determinations will be distributed in 1983.
EPA's air quality modeling clearinghouse was established in November
1980. The primary purposes of the clearinghouse are to provide: (1) a
mechanism whereby the proposed acceptance by a Regional Office of a
nonguideline model or alternative techniques may be reviewed for national
consistency before final approval by the Regional Administrator; (2) a
mechanism whereby the indepth technical evaluation and/or performance
evaluation of a proposed technique may be reviewed by those EPA personnel
who are most familiar with the types of techniques to be employed; and (3)
a communication outlet for EPA's experience with the use of nonguideline
models, data bases or other deviations from current guidance. To accomplish
these purposes, the clearinghouse promotes awareness of EPA modeling
policies, develops and maintains a historical record of modeling decisions,
develops clarifications of existing modeling guidance for special situations,
reviews proposed actions which involve interpretation of or deviation from
modeling guidance, and communicates the results of significant decisions to
all regulatory users in the Agency.
Clearinghouse activities for 1982 included review of dispersion modeling
acceptability in 25 instances while 5 "bubble" actions and at least an
equal number of prevention of significant deterioration (PSD) modeling
evaluations were performed.
F. NEW SOURCE REVIEW AND PREVENTION OF SIGNIFICANT DETERIORATION
Significant progress was made by the Agency in 1982 in carrying out
its Act responsibilities as they relate to the preconstruction review of
new and modified stationary sources:
PSD Program Transfer
EPA made considerable progress in transferring responsibility for
implementing the existing prevention of significant deterioration (PSD)
regulations to the States and local agencies. Through 1982, 26 State and
local agencies had either full delegation of the PSD program or an approved
PSD SIP, and 18 had partial responsibility for the PSD program, for a total
of 44 States and locals. This compares to a total of 31 States and locals
with either full or partial responsibility for the PSD program at the end
of 1981.
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PSD Permit Reviews
To expedite its issuance of PSD permits, EPA management established an
accountability system to track Agency performance in reviewing PSD applications
in those cases where EPA is the responsible reviewing authority. This
system showed that the average reviewing time for issuing PSD permits from
the point of complete application fell from approximately eight to seven
months during 1982.
CMA Agreement
On August 7, 1980, EPA promulgated extensive revisions to its PSD and
nonattainment new source review regulations.^/ Numerous groups legally
challenged these regulations. These cases were consolidated as Chemical
Manufacturers Association v. EPA.7/ In attempting to resolve the pending
concerns and to explore certain regulatory reform measures, the Agency
entered into a litigation settlement with the industrial parties on
February 22, 1982. Pursuant to this settlement, EPA agreed to propose
certain regulatory changes. One change to which EPA agreed pertained to
vessel emissions. EPA agreed to complete rulemaking proposing to no longer
include vessel emissions in applicability determinations or ambient
assessments for secondary emissions. Final promulgation of this provision
appeared in the Federal Register of June 25, 1982.8/ Other rulemaking
packages to implement the litigation settlement were in preparation in
1982. These other packages addressed the topics of netting and offsetting
baseline, changes to the particulate matter PSD increments, and various
other issues such as fugitive emissions, Federal enforceability, "buffer
zones," secondary emissions, and prior shutdowns.
G. IMPLEMENTATION GUIDANCE FOR REVISED PARTICULATE MATTER STANDARDS
In anticipation of the proposal in 1983 of revisions to the national
ambient air quality standards for particulate matter, EPA has been developing
material relevant to the implementation of those standards. The material
includes regulatory revisions, Agency policy, and various guideline documents.
The areas covered by the material are State Implementation Plan requirements
for attainment and maintenance of air quality standards, air quality moni-
toring, and prevention of significant deterioration/new source review.
EPA intends to propose this material for public comment along with the
proposal of the ambient standards.
H. VISIBILITY PROTECTION
Section 169A of the Clean Air Act establishes as a national goal "the
prevention of any future, and the remedying of any existing, impairment of
visibility in mandatory Class I Federal areas which impairment results from
manmade air pollution." On December 2, 1980, EPA promulgated regulations
implementing this section.9/ Subsequent to this promulgation, ten organiza-
tions filed for judicial review of the visibility regulations. In addition,
six organizations filed petitions for administrative reconsideration of
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V-7
the rules. Judicial review of the regulations has been stayed pending
the Agency's evaluation of the administrative petitions. Additionally, on
December 20, 1982, the Environmental Defense Fund, Inc., National Parks
and Conservation Association, Colorado Mountain Club, et.al., filed suit
in the United States District Court for the Northern District of California
seeking to compel the Agency to promulgate State plans under Section 110(c)
of the Clean Air Act for those States which have not submitted such plans.
I. INTERSTATE AIR POLLUTION
Section 126 of the Clean Air Act provides a mechanism for a State or
local authority to petition the Administrator if there is concern that
out-of-State sources interfere with their ability to meet Federal require-
ments of the Clean Air Act. Under this section, a total of 7 States and 1
county have filed 18 petitions with EPA through 1982. Twelve of these
petitions from three States (New York, Pennsylvania, and Maine) have been
consolidated because they all address emissions from many sources in a
seven-State region claiming to result in long-range transport and transfor-
mation of pollutants. The remaining six petitions involve a specific
source contributing to a local air pollution problem.
In 1982, the Agency reached a final decision on the Section 126 petition
brought by Jefferson County, Kentucky, against the Gallagher power plant in
Indiana.J_0_/ The Agency concluded that the Gallagher plant did not interfere
with Jefferson County's ability to meet Federally required standards. That
determination has been challenged in court by Jefferson County. The other
petitions were under review or were being resolved through negotiations
with the parties involved.
J. TALL STACKS AND OTHER DISPERSION TECHNIQUES
Section 123 of the Clean Air Act requires that stationary sources of
air pollution not be allowed to take credit for having stacks that are
higher than that defined by "good engineering practice" (GEP) and thereby
evade more stringent emission limitations. In addition, Section 123 does
not allow sources to take credit for any other type of air pollution
dispersion technique. The section also requires the Administrator to
promulgate regulations to implement these requirements. EPA promulgated
these regulations on February 8, 1982.JJ_/ In July 1982, EPA denied petitions
to reconsider these regu1ations.J_2/ The regulations established methods to
determine GEP stack height and define other dispersion techniques. Section
123 allows the use of a certain dispersion technique known as an intermittent
control system if this technique was implemented prior to December 31,
197U. An intermittent control system is one which varies the rate of
pollutant emissions according to meteorological conditions. The Agency is
working on a regulation which will define the requirements of an implemented
system. This rule will be proposed in 1983.
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V-8
There has been a court challenge to the promulgated stack height rules
filed by the Sierra Club, Natural Resources Defense Council, and the
Commonwealth of Pennsylvania. The petitioners question several aspects of
the rule including stack height credit for plume impaction on elevated
terrain, the definition of a stack, and the use of a formula for determining
GEP stack height. The petitioners filed their arguments with the court in
October 1982. The ruling from the court is not expected until 1983.
K. AIR POLLUTION TRAINING
EPA provides technical training in the abatement and control of air
pollution. This training includes short course presentations (three to
five days in length), self-study courses, technical assistance to others
who conduct training, and the support of traineeships and fellowships for
graduate air pollution training.
During 1982, EPA conducted 27 short courses in 8 different subject
areas for a total of 785 students. These courses were presented in locations
across the U.S. by 7 universities designated as area training centers.
Technical assistance was provided to State and EPA Regional Offices to
conduct 9 additional courses reaching a total of 194 students.
In an effort to reach more air pollution personnel and to support the
transfer of control responsibilities to the States, EPA expanded the numbers
and subjects of self-study courses. Early in the second half of 1982, ten
new self-study courses were added. During the last 5 months of the year,
just under 500 students applied for these courses. (This represents an
increase of over 75U percent compared with the monthly average for the
first 7 months of 1982.)
As an additional means of developing qualified personnel, EPA supported
26 graduate traineeships/fellowships to employees of State and local air
pollution control agencies. These awards are for both part-time and full-
time study and the pnd objective is generally a graduate degree in the
field of air pollution control.
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VI. CONTROL OF STATIONARY SOURCE EMISSIONS
A. NEW SOURCE PERFORMANCE STANDARDS (NSPS)
The Administrator is required by Section 111 of the Clean Air Act to
establish national standards of performance for source categories that may
cause or contribute significantly to air pollution which may reasonably be
anticipated to endanger public health or welfare. Such standards apply to
new and substantially modified sources and are generally referred to as new
source performance standards (NSPS).
During 1982, new source performance standards were promulgated for seven
new categories: phosphate rock preparation _!_/, lead battery manufacture 27,
asphalt roofing manufacture 3/, surface coating of large appliances 4/,
surface coating of metal furniture J5/, metal coil surface coating 6/, and
graphic arts (rotogravure printing).?/ The existing NSPS for petroleum
liquid storage (equivalency determination) 8/ and gas turbines were revised.^/
Standards were proposed for three new categories: metallic minerals pro-
cessing 10/, synthetic fiber manufacturing 11 /, and petroleum dry cleaning.12/
Revisions were proposed for four phosphate fertilizer processes 13/, lime
plants H/, and the industrial surface coating of automobiles and light-duty
trucks.J_5/,J_6/ Standards development programs now underway are planned to
result in the promulgation of 13 and the proposal of 24 standards in 1983.
B. NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP)
Standards development work continued in 1982 for coke oven emissions
sources in the iron and steel industry and for major benzene emissions
sources in the chemical and petroleum industries. Regulations under Section
112 of the Clean Air Act were proposed in 1980 and 1981 for four source
categories of benzene emissions: maleic anhydride manufacturing 17/,
ethyl benzene/styrene manufacturing 1_8/, and benzene storage and fugitive
leaks of benzene in petroleum and chemical plants J_9_/,£0/ A public hearing
was held and public comment received. As a result of a court order, EPA
plans to either propose NESHAP regulations or make negative determinations
on several sources of inorganic arsenic in 1983.
The Science Advisory Board (SAB) completed their review of comprehensive
health assessment documents in 1982 for acrylonitrile, toluene, and chloro-
fluorocarbon-113. SAB reviews on draft documents for methyl chloroform,
methylene chloride, coke oven emissions, carbon tetrachloride, and perchlor-
ethylene were also conducted in 1982, with final reviews scheduled in 1983.
These documents constitute the health basis for Agency decisions on whether
to regulate these compounds as hazardous air pollutants under Section 112
or Section lll(d) of the Act or whether other appropriate action is necessary.
Health assessment documents on 11 other pollutants are scheduled for initial
SAB review in 1983.
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VI-2
C. DELEGATION OF NSPS AND NESHAP
EPA made considerable progress in 1982 in delegating responsibility
for implementing the NSPS and NESHAP programs to the states and local air
pollution control agencies. At the beginning of 1982, 8 States or
locals had accepted full delegation for applicable NSPS and 21 had accepted
full delegation for NESHAP. At the end of 1982, these delegations increased
to 31 for NSPS and 45 for NESHAP.
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VII. STATIONARY SOURCE COMPLIANCE
A. MAJOR STATIONARY SOURCES
The goal of the Clean Air Act is to protect public health and welfare
and enhance the quality of the nation's air. The stationary source compliance
program is designed to assure compliance with air emission standards by
stationary sources of air pollution, including such major facilities as
power plants, steel mills, smelters, and refineries. In addition to ensuring
compliance with emission limitations contained in State Implementation
Plans (SIP's), EPA and delegated States are responsible for ensuring that
sources comply with new source performance standards (NSPS) and national
emission standards for hazardous air pollutants (NESHAP).
In the late 1970s, EPA embarked on a program to bring sources which
had never installed control equipment into initial compliance with applicable
air quality regulations. Through the combined efforts of industry, States,
and the Federal government, the goals of this program had been largely achieved
by the end of 1982, when over 94 percent of the sources in the country were
reported as achieving initial compliance or being in compliance with schedules
to install controls. (This figure understates the progress which was made
since there was growth of over 2,000 additional SIP sources during this
period.) Among the sources brought into compliance through this effort
were some of the largest contributors to the nation's air pollution problems,
with many of them having been in violation for several years.
Since the conclusion of this effort, the compliance rate for major
sources has been stable. This is an expected outgrowth of the present
maturity of the program. EPA and the States are not only continuing their
efforts to ensure that the remaining sources achieve initial compliance,
but also focusing on ensuring that controls which have been installed are
operated and maintained in a manner that maximizes their environmental
benefits.
Illustrative of the importance of this effort is a study by the National
Commission on Air Quality (NCAQ), which found that 71 percent of 180 sources
reported as being in compliance had documented incidents of excess emissions
2b percent above the allowed emissions level, with the primary cause being
improper operation and maintenance practices.^/
To realize the maximum environmental benefit of the investments made
to date, programs to assure proper operation and maintenance are being
developed and made available to the States. In 1982, EPA committed itself
to work with States and local agencies on a voluntary basis to develop and
test various elements of a program designed to ensure continuing compliance.
In addition, EPA is providing an increasing level of technical support to
strengthen State programs as well as direct technical assistance when
requested.
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VII-2
Enforcement actions must be prioritized to ensure that the maximum
environmental benefits are achieved. EPA, in cooperation with the States,
has been developing prioritized lists of the most significant violating
sources to focus resources where the greatest environmental gains can be
madp. EPA is looking to the States to assume the primary role in bringing
enforcement actions against these sources and will, as previously discussed,
provide ^technical support as needed. Where the State efforts are not
successful, EPA is ensuring compliance by bringing a Federal administrative
or judicial action.
A fully integrated compliance data system (CDS) is essential as a
management tool to direct limited resources in maximizing environmental
results. EPA is continuing to improve its CDS and is working with
several States to develop or adapt their own integrated systems to make
them compatible with CDS. This will improve the quality of the State data
in the system as well as minimize reporting burdens on the States.
New source performance standards and hazardous air pollution programs
remain a high priority of the air enforcement program. EPA is actively
encouraging delegation of existing NSPS and NESHAP, although a residual
level of EPA enforcement activity is still required. Substantial effort
has been made and is likely to continue with respect to enforcing NESHAP
regulations for vinyl chloride and a considerable effort is anticipated as
new NESHAP regulations are promulgated. While both NSPS and NESHAP sources
currently exhibit low violation rates, 3.1 percent and 1.4 percent,
respectively, EPA and the States are committed to ensuring that these rates
remain low despite significant growth in the number of sources subject to
these standards.
B. 1982 DEADLINE ENFORCEMENT POLICY
On September 20, 1982, the Administrator issued a policy on enforcement
against sources in primary nonattainment areas that are not in compliance
with the Clean Air Act by December 31, 1982. The policy recognizes that
courts have equitable jurisdiction to fashion relief that allows a source
to continue to operate in violation beyond 1982 whT.e taking steps to come
into compliance expeditiously. The policy sets forth criteria to determine
the relief the Agency should seek in each case, particularly whether a
compliance schedule is appropriate or whether the Agency should seek closure
of the source until it can demonstrate compliance. To justify continued
operation of the source, the Agency must determine that the public interest
in continued operation outweighs the environmental cost of the additional
period of noncompliance.
If the Agency determines that continued operation of a source is
appropriate, EPA may stipulate that an expeditious compliance schedule
be used as the basis for entry of a judgment order. EPA will seek to ensure
that the order embodies certain conditions enumerated in the policy, including,
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most importantly, a schedule which is as expeditious as practicable, an
interim emission limitation, and significant civil penalties. EPA will
evaluate State enforcement actions using the same criteria and will initiate
independent Federal action if the State action does not implement the basic
goals of the policy.
The policy does not apply to sources of pollutants for which an area
has an extended attainment deadline of December 31, 1987, pursuant to
Section 172 of the Clean Air Act.
C. STEEL INDUSTRY COMPLIANCE EXTENSION ACT
One of the major emphases of the air enforcement program has been the
implementation of the Steel Industry Compliance Extension Act. Under this
Act, Congress gave the EPA Administrator authority to extend deadlines for
installation of certain air pollution control equipment for up to three
years if a company agreed to invest an amount at least equal to the deferred
costs of pollution control equipment in modernization to improve the
efficiency and productivity of its steel making facilities. Any company
that gets an extension must ensure that all of its air pollution sources
will comply with applicable standards. The terms of an extension, offsetting
modernization requirement, and compliance schedule are to be set forth in
consent decrees.
A total of ten companies submitted applications since the legislation
was signed on July 17, 1981. Consent decrees implementing the Administrator's
favorable findings on four of these applications have been negotiated with
the eligible companies and are at various stages in the judicial process.
In 1982, consent decrees involving the Ford Motor Company and the Alabama
By-Products Corporation were entered by the appropriate U.S. District
Courts reflecting extensions and modernization projects. In 1982, the
Administrator also completed negotiations approving extensions for the
United States Steel Corporation and Sharon Steel Corporation, with formal
decrees being entered early in 1983. The Administrator also approved the
application submitted by Shenango Incorporated, but the Corporation
subsequently withdrew its application because it decided not to invest in
modernization.
The applications submitted by the National Steel Corporation, Kaiser
Steel Corporation, and Inland Steel Corporation were withdrawn after pre-
liminary indications from the Agency that the corporations were not eligible
for extensions under the provisions of the Act. An amended consent decree
covering National Steel Corporation's Great Lakes Steel Division was entered
in August 1982 requiring compliance by December 31, 1982, and assessing
$3.0 million in civil monetary penalties for violations of the original
decree. EPA is pursuing enforcement to resolve consent decree violations
by the companies.
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The application submitted by the Wheeling-Pittsburgh Steel Corporation
remains pending with the Agency. Agency staff completed its review of the
application in 1982, and recommended that the application be granted if the
Corporation first satisfies certain conditions required by the Act. While
the Corporation is pursuing satisfaction of these conditions, the negotiations
with the Corporation are proceeding to develop a consent decree which would
implement favorable findings if they are issued.
D. MAJOR COURT ACTIONS
United States Steel Corporation - On January 6, 1983, the Administrator
consented to the entry of seven new or amended consent decrees under the
Steel Industry Compliance Extension Act pertaining to the United States
Steel Corporation. The decrees establish control programs and compliance
schedules for every significant steel making source owned by the Corporation
which is not in compliance with the Clean Air Act, and contain stipulated
penalty provisions to ensure that the requirements of the decrees are met.
The seven decrees cover the Corporation's plants located in Mon Valley and
Fairless, Pennsylvania; Lorain, Ohio; Fairfield, Alabama; Gary, Indiana;
South Chicago, Indiana; and Baytown, Texas. In accordance with the Extension
Act, the Corporation is required to undertake modernization projects totalling
$13.68 million in exchange for extensions, up to December 31, 1985, to
install certain pollution control equipment. The extensions were found to
be necessary to enable the Corporation to invest in these modernization
projects. In addition, the decrees require the payment of $250,000 as a
penalty for past violations, and contains a commitment by the Corporation
to make publically available certain new, very cost-effective, pollution
control technology.
Jone_s_a_nd Laugh!in Steel Corporation - On December 29, 1982, the
Administrator denied the application submitted by the Jones and Laughlin
Steel Corporation under the Steel Industry Compliance Extension Act. The
denial was based upon a finding that the Corporation is in violation of
Federal judicial decrees, and that the violations are not de minimi's in
nature. The Corporation therefore failed to meet an eligibility requirement
established by the Act. The Federal government filcJ three contempt actions
against the Corporation on January 6-7, 1983, citing judicial decree
violations at its plants located in Pittsburgh and Aliquippa, Pennsylvania;
Cleveland and Campbell, Ohio; and East Chicago, Indiana. The actions seek
Clean Air Act compliance at the Corporation's plants and penalties for
past decree violations.
National Steel Corporation - As noted.earlier, on August 16, 1982, an
amended judicial decree was entered affecting the National Steel Corporation's
Great Lakes, Michigan facility. The decree required the payment of $3.0
million as a penalty for violations of the original consent decree and
expeditious compliance with the Clean Air Act.
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VII-5
Commonwealth Edison, Illinois - EPA concurred on June 30, 1982, in
the filing of factual stipulations to be used as the basis of a judgment
order resolving this action. The case was originally filed in the Northern
District of Illinois by the State of Illinois, and the United States
intervened in the action in April 1980. The case involves violations of
particulate and sulfur dioxide limitations at 17 units at 7 power plants in
Illinois. The stipulation was filed with the court on July 1, 1982, and
the court entered the order July 2, 1982. The order provides for compliance
at all of the units for both pollutants.
American Brick, Dolton, Illinois - On June 23, 1982, the Northern
District of Illinois denied American Brick Company's request that its 1980
consent decree schedule be extended until December 1, 1982. EPA opposed
the request on the grounds that the extension was not necessary.
EPA and American Brick Company have now renegotiated the terms of the
consent decree which had been entered in August 1980. The modified consent
decree was entered January 25, 1983.
Under the terms of the new decree, American Brick is now shut down.
On or before April 22, 1983, American Brick will notify EPA whether it
elects to remain shut down or to install pollution controls. If it elects
to install controls, the company will proceed on a compliance schedule
which requires it to complete installation of controls and demonstrate
compliance with all applicable Illinois State Implementation Plan limitations
no later than October 22, 1984. American Brick will not operate its plant
at all between December 31, 1982, and the date on which it begins compliance
testing in 1984.
E. COMPLIANCE BY FEDERAL FACILITIES
During 1982, Federal facilities classified as major sources of air
pollutants made continuous progress toward coming into compliance with
applicable regulations. Through 1982, 336 (92 percent) of these facilities
met applicable emissions limitations. Of the 29 noncomplying facilities,
17 have agreed to compliance schedules that will eventually bring them into
compliance.
F. LIST OF VIOLATING FACILITIES
The list of violating facilities, under Section 306 of the Clean Air
Act, is designed to prevent the Federal government from subsidizing Clean
Air Act violators with contract, grant, or loan monies.
No Clean Air Act violators were listed in 1982.
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VIII. CONTROL OF MOBILE SOURCE EMISSIONS
Control of motor vehicle emissions has been a Federal responsibility
since 1968. The requirements of the Clean Air Act relating to mobile
sources have been subsequently refined several times, most recently in
1977. The Clean Air Act Amendments of 1977 established an ambitious
regulatory program which addressed problems identified in the motor vehicle
emissions control program at that time, and bolstered efforts to attain and
maintain the national ambient air quality standards for carbon monoxide
(CO) and ozone. The mobile source-related provisions of the 1977 Act include:
- Establishment of a schedule for implementation of stringent emissions
standards for automobiles--0.41 grams per mile (gpm) for hydrocarbons (HC),
3.4 gpm for CO, and 1.0 gpm for oxides of nitrogen (NOX). The table below
displays the level of control envisioned by the standards.
New Light-Duty Vehicle Emissions
Hydrocarbons
Carbon Monixode
Oxides of Nitrogen
Prior to
Control
8.8 gpm
87.0 gpm
3.6 gpm
Current
Standard
.41 gpm
3.4 gpm
1.0 gpm
Percent
Reduction
95%
96%
72%
- Establishment of HC, CO, and NOX standards for heavy-duty engines
similar in stringency to those for light-duty vehicles.
- Additional control of evaporative HC emissions from heavy-duty
vehicles through the adoption of a more realistic test procedure.
- Control of particulate emissions from both light-duty and heavy-duty
vehi cles.
- Implementation of motor vehicle inspection and maintenance (I/M)
programs in areas with severe CO and ozone air pollution problems.
In the period since
the Act's mandates. Thi
result of the financial
in recent years. In the
1977, EPA has made great progress toward fulfilling
s process has become more complex, however, as a
difficulties encountered by the automotive industry
Auto Task Force report released by the White House
in April 1981, EPA committed itself to a series of regulatory relief measures
law and with continued movement toward cleaner
attempted to achieve these goals as it proceeded
mobile source emissions control regulatory program.
consistent both with the
air.iy During 1982, EPA
with development of its
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VIII-2
A. STANDARD SETTING
Light-Duty Vehicles
Beginning with the 1981 model year, the Clean Air Act standards for
automotive exhaust emissions stabilized at 0.41 gpm HC, 3.4 gpm CO, and 1.0
gpm NOX. (Limited waivers were made available for CO and NOX.) Achievement
of these standards was made possible by the development of sophisticated
technology (most notably the three-way catalyst) capable of controlling
emissions of HC, CO, and NOX simultaneously. Starting with the 1983 model
year, all gasoline-powered vehicles must meet the statutory standards.
Actions undertaken during 1982 with respect to light-duty vehicle and
truck emissions standards include:
- The current standard for particulate emissions from light-duty diesel
vehicles is 0.6 gpm. This standard is scheduled to be tightened to 0.2 gpm
beginning with the 1985 model year. However, since the technology which
was originally planned to be generally available by 1985 has not yet
demonstrated sufficient reliability, EPA proposed to postpone the more
stringent standards until 1987,2J In the interim, EPA has undertaken an
in-depth study of controlling diesel particulates in order to develop
standards that will achieve the greatest impact on air quality while causing
the least disruption to the industry.
- EPA has developed a plan to regulate light-duty diesel particulate
emissions through averaging (i.e., control of emissions from a manufacturer's
fleet on the average rather than from each individual vehicle). This
concept affords manufacturers the option of selecting the most cost-effective
way of controlling emissions from their fleets by optimizing controls on
selected vehicles rather than on all vehicles in the fleet. Final rulemaking
is expected during 1983.
- The Clean Air Act requires that as of 1984, all cars sold in the
U.S. must be capable of meeting the emissions standards regardless of
altitude. EPA has proceeded with the development r-1-" regulations designed
to meet the Act's requirements. Separate rulemakings for model year 1984
light-duty trucks and passenger cars were prepared for promulgation in
early 1983, in conjunction with the release to the Congress of a formal
report on this issue. In addition, EPA has set interim high altitude
standards applicable to model years 1982 and 1983 for both cars and light
trucks. A regulation proposed in late 1982 is designed to assure that the
impact of these interim standards focuses on those counties with the most
severe pollution problems.^/
Heavy-Duty Engines
With the achievement of strict standards by passenger cars, EPA has
devoted additional attention to the development of a parallel set of
standards for heavy-duty engines. This process is especially important in
light of projections that heavy-duty vehicles will be an increasingly
significant contributor to emissions inventories for the rest of the century.
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VIII-3
During 1982, EPA made progress on a number of issues related to heavy-
duty engines:
- A regulation limiting evaporative HC emissions from heavy-duty trucks
was prepared for promulgation in early 1983. These standards will reduce
the levels of nomethane hydrocarbons (NMHC) by 92 percent over uncontrolled
levels.
- Exhaust emission regulations that were to take effect in the 1984
model year specified that light trucks and heavy-duty engines must meet new
HC and CO standards that would require the use of catalyst technology. In
January 1982, EPA proposed to revise the CO standard to a level that would
not require catalysts, resulting in substantial cost-savings while still
achieving significant emission reductions over current standards.^/ This
revision was not projected to affect the ambient attainment status for CO
or ozone. A number of factors combined to warrant this modification to the
CO standard. After the promulgation of the model year 1984 catalyst standards
in 1979, the industry began to experience the effects of the economic
downturn. As a result of these economic difficulties, a series of actions
to provide some relief to the industry was undertaken in April 1981. Among
these actions was the proposal by EPA to adjust the standards for HC and
CO. Because of the inherent complexities, however, it has not been possible
to resolve all the issues and to promulgate the final rule. EPA will
continue to work with the industry to clarify the issues and develop workable
solutions.
- A related rulemaking delaying the implementation of the new HC/CO
standards until model year 1985 was prepared for promulgation in early
1983. This delay will ease manufacturers' concerns about adequate leadtime
and give EPA the opportunity to resolve pending issues related to the
standards.
- EPA improved its testing data base and performed technical analyses
in preparation for the 1984 promulgation of standard for heavy-duty NOX and
particulate emissions. This set of regulations was the focus of a public
hearing held in July 1982.
Other Vehicle Categories
During 1982, EPA promulgated a revised set of standards for emissions
of HC and CO from aircraft; this rule substituted for outdated standards
that were set to take effect on January 1, 1983, and were more consistent
with international standards.5/ A related rule concerning aircraft smoke
emissions was prepared for promulgation in early 1983.
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VIII-4
Fuels
In October 1982, EPA published a rule revising the standards applicable
to lead in gasoline.6/ This rulemaking, which will reduce airborne lead 34
percent more by 1990 than under the rule previously in effect, resulted
from a review initiated in 1981 at the request of the Presidential Task
Force on Regulatory Relief. It will speed up reductions in airborne lead
levels to protect the health and welfare of all Americans, particularly pre-
school children in urban areas.
EPA has also been concerned about the regulatory implications of the
potential introduction into the marketplace of alternative fuels such as
methanol. A report on this subject was prepared for delivery to Congress
in early 1983 and several fuel waivers were processed.
B. PREPRODUCTION COMPLIANCE
One of EPA's long-standing techniques for assuring compliance with
motor vehicle emissions standards is the preproduction certification review
program. Initiated in 1968, the program entails engineering review by EPA
staff of engine families representing the new vehicles to be sold in the
United States. Steps in the process include submission by manufacturers of
technical data about respective vehicles, emissions testing of prototypes
by manufacturers, review of engineering data and test results by EPA, and,
in certain cases, confirmatory testing of prototypes at EPA's laboratory
facility in Ann Arbor, Michigan.
During 1982, EPA completed a series of major changes to the preproduction
certification program. Now that many emissions standards are at or close
to their statutory levels, and manufacturers are familiar with the testing
program, extensive EPA involvement in the day-to-day process is no longer
required. After a thorough review of all procedures, EPA developed reforms
which have reduced the complexity and cost of the program, arid focused most
effort on those engine families with the greatest potential impact on air
quality. The new certification rules simplify testing requirements, reduce
paperwork by approximately 20 percent, and increase industry flexibility.
The resulting savings to manufacturers will be at least $5 million annually.
C. INSPECTION/MAINTENANCE
A strategy for dealing directly with in-use emissions problems is the
encouragement of motor vehicle inspection and maintenance (I/M) programs.
EPA's basic approach in this area was determined by the 1977 Amendments to
the Clean Air Act. Urban areas of the country which obtained an extension
in thp deadline for attaining the ambient air quality standards for automotive-
related pollutants beyond 1982 are required by the Act to implement an I/M
program.
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VIII-5
This I/M requirement applies to areas in 30 States. As of the end of
1982, 14 States already had operating programs, two others were on schedule,
and 14 others were deficient. States whose State Implementation Plans are
disapproved due to the failure to proceed with an I/M program will be
subject to the sanctions specified in the Act.
D. ALTERNATIVE COMPLIANCE MEASURES
In recent years, increasing attention has focused on the problem of
excessive emissions from in-use vehicles. This emphasis has resulted from
the perception that the Nation's considerable investment in vehicle emissions
control technology can be squandered if for any reason the equipment does
not perform as anticipated in actual use.
EPA is now proceeding with a study whose goal is to identify the most
efficient way to achieve in-use vehicle compliance with emissions standards.
It is possible that an alternative approach could entail an expanded role
for emissions averaging. An ongoing in-use vehicle testing effort is aimed
at generating data for this study. EPA anticipates that the analytical
work may be completed sometime during 198b. If a replacement program is
feasible, appropriate legislation will be proposed to the Congress and an
appropriate program developed.
E. MOBILE SOURCE ENFORCEMENT
The EPA mobile source enforcement program is directed primarily toward
achieving compliance with motor vehicle emissions standards and fuel
regulations as required by the Clean Air Act. The major goals and objectives
are to: (1) assure that new vehicles meet emissions standards; (2) assure
that vehicles meet emissions standards in use; (3) assure that emissions
control systems are not removed or rendered inoperative; (4) assure control
of hydrocarbon emissions during gasoline transfer operations; (5) assure
that harmful additives are not present in gasoline; (6) administer statutory
and California emissions standards waivers; and (7) administer the statutory
emissions warranties.
Recall Program
Section 207(c) of the Clean Air Act authorizes EPA to order the recall
of vehicles if a substantial number of any class of vehicles do not conform
to emissions standards. During 1982, 1,169,352 vehicles were recalled
either by direct order of EPA or as a result of an EPA investigation. In
the same period, manufacturers voluntarily recalled 28,049 vehicles to
correct emissions problems. EPA conducted a total of 42 recall investigations
in fiscal year 1982, and performed 612 tests of in-use vehicles at laboratory
facilites in Springfield, Virginia, and Ann Arbor, Michigan. In order to
assure that emissions control systems operate properly throughout their
useful lives, EPA has focused increasingly on testing and investigation of
high mileage vehicles.
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VIII-6
Emissions Standards Waivers
During 1982, EPA granted several requests from automobile manufacturers
for a short-term waiver of the 1981-1982 model year carbon monoxide (CO)
emissions standard for gasoline engine powered automobiles and 1981-1984
model year oxides of nitrogen (NOX) emissions standard for diesel engine
powered automobiles.
Selective Enforcement Auditing
In order to assure that production vehicles are made in accordance
with emissions standards, EPA conducts Selective Enforcement Audit (SEA)
test programs at manufacturers' facilities. EPA has found that the SEA
program encounters few failures, because automobile manufacturers routinely
test on a voluntary basis many more vehicles than are strictly required
through SEA orders. Therefore, beginning in 1981, EPA changed its SEA
policy to place greater reliance on manufacturer testing programs and less
on EPA-mandated audits. In fiscal year 1982, EPA conducted 25 SEA test
programs.
IJnleaded Gasoline Enforcement Program
EPA has responsibility for enforcing Section 211 of the Clean Air Act,
relating to the regulation of fuels and fuel additives. One of the
regulations under this section of the Act is aimed at protecting the
catalytic converters on 1975 and later model year cars.
EPA has established a nationwide fuels enforcement program to ensure
that affected retail outlets comply with these regulations. This program
includes sampling of the fuel at retail outlets by Regional EPA field
inspectors and private or State inspectors under EPA contract, in order to
measure the fuel's lead content. EPA conducted 14,OUO inspections under
this program during 1982.
Tampering/Fuel Switching
EPA is also responsible for carrying out programs designed to deter
tampering with vehicle emissions control systems or using leaded fuel in
vehicles which require unleaded fuel. Surveys undertaken by EPA have shown
tampering and fuel switching to be continuing serious problems which under-
mine the emissions control performance of many in-use vehicles. The latest
survey indicates that about 17 percent of the vehicle fleet is subject to
gross tampering, and about 12 percent to fuel switching.
In 1982, EPA prepared an initiative to promote State and local
anti-tampering and anti-fuel switching enforcement programs. The aim of
this initiative is to establish tamper-ing and fuels programs which directly
benefit HC, CO, and NOX nonattainment areas. Implementation of the initiative
wi "11 proceed in 1983.
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VIII-7
In a related area, EPA is in the process of revising its current anti-
tampering regulations in order to clarify precisely what constitutes
tampering and what is the liability of manufacturers, suppliers, and
repairers of motor vehicles. As part of this process, EPA sponsored a
public workshop on anti-tampering issues in July 1982.
Enforcement Regulations Development
The Clean Air Act prohibits the introduction into commerical use of
automobiles which are not certified as meeting emissions standards, but the
Act and EPA regulations permit manufacturers to apply for exemptions for
vehicles used in development and testing programs for new engines or other
technologies. In July 1982, EPA revised its regulations governing these
exemptions in order to simplify the application process and reduce reporting
requi rements.
Another regulatory amendment signed by the Administrator in 1982 makes
the octane designation portion of EPA's unleaded gasoline regulations
consistent with the Petroleum Marketing Practices Act.7_/ Gasoline
distributors and dealers will therefore not be forced to obtain separate
octane values in order to comply with EPA and FTC rules.
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IX. LITIGATION
The United States Courts of Appeals decided ten cases under the Clean
Air Act in 1982. The range of issues covered was unusually narrow, for
all but one of the cases involved the rules for setting up, approving, and
operating State Implementation Plans (SIP's). These plans are the basic
regulatory structures through which States work to attain the national
air quality standards and to implement the prevention of significant
deterioration (PSD) program.
The most significant case of the year was NRDC v. Gorsuch, 685 F.2d
718 (D.C. Cir.). Under the Clean Air Act, every major new source of air
pollution and every modification to an existing major source that is located
in an area which is not attaining national ambient air quality standards
must meet certain regulatory conditions and obtain a permit before construction
begins. A source is modified within the meaning of this requirement if its
emissions of a pollutant for which its area is nonattainment increase by
significant amounts.
The question posed in the NRDC case arises when a number of emitting
units, each of which would be a major source when viewed in isolation, are
located at a common plant site. EPA, by regulation, had moved to allow
States to define the entire plant as the source for purposes of new source
review. Under this definition, increases at units at such a plant would be
excluded from new source review even when they exceeded the significance
threshold as long as the source owner produced simultaneous emissions
decreases elsewhere in the plant so that emisisons from the plant as a
whole did not increase above this threshold.
The D.C. Circuit rejected this approach and held that its prior decisions
had drawn a "bright line" between programs designed to improve air quality,
as to which such a "bubble" approach to new source review was forbidden,
and programs designed to maintain existing levels of air quality, as to
which the "bubble" approach was permitted.
1982 also saw decisions in the first of many pending challenges to EPA
approval of State relaxations of control requirements for sulfur dioxide
(S02). In three decisions issued the same day, the Second Circuit upheld
EPA's approval of such revisions.
In Connecticut Fund for the Environment v. EPA, 696 F.2d 169, the
court held that EPA was not required to consider the possible impact on
particulate concentrations of relaxing emission limits in Connecticut for
SO^, in part because the Clean Air Act does not appear to contemplate such
a requirement and in part because evaluating the transformation of S02 into
particulates, particularly over long distances, presents technical and
scientific problems that the Agency has not yet successfully resolved.
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IX-2
In a companion case of the same name [696 F.2d 179], the court
upheld a Connecticut program that allowed sources that carried out energy
conservation programs to burn higher sulfur fuel in return. The court
relied in part on the same reasoning as in its first case and in part on
the fact that each new individual SC>2 limit would be the subject of public
notice and comment as a SIP revision.
The third case, State of Connecticut v. EPA, 696 F.2d 147, involved
a challenge by Connecticut to an emission limit set by New York and approved
by EPA that allowed a power plant on Long Island to continue burning higher
sulfur fuel than New York generally allows. The court approved EPA's
technical decisions in deciding that the plant in question did not have a
significant effect on air quality in Connecticut. It also addressed the
meaning of the provisions of the Clean Air Act that seek to prevent one
State from polluting the air of another, upholding EPA's view that these
provisions bar emissions increases in one State that, under existing control
patterns, would cause violations of the standards in another, but not those
that would have a lesser adverse impact. It did, however, suggest that the
Clean Air Act requires EPA to evaluate the effect of a change in S02 emission
limits in one State on particulate concentrations in another, even though
such an analysis is not required within the State that is changing its S02
rpquirements. Nevertheless, the court upheld EPA's decision because it
found that the direct impact of the plant's SC"2 emissions would be minimal
and that EPA lacked the technical capability to evaluate the impact of any
atmospheric transformation of SC>2 into particulates. Finally, the court
left open the question of how the effects of interstate pollution on the PSD
program should be evaluated.
In yet another case entitled Connecticut Fund for the Environment v.
EPA, 672 F.2d 998 (2d Cir. 1982), the Second Circuit upheld EPA's policy of
"conditionally approving" State submissions that were not fully complete
conditioned on the States repairing the deficiencies within a set time.
However, it also concluded that EPA could not lift the restrictions on
construction of new or modified major stationary sources of air pollution
that the statute imposes on States without approved SIP's until the SIP had
been fully—rather than conditional ly--approved.
In Council of Commuter Organizations v. Gorsuch, 683 F.2d 648 (2d Cir.
1982), the court applied this same reasoning to EPA's approval of a plan to
control auto-related pollutants in New York City. It also found that this
plan satisfied the first round of requirements of the Clean Air Act relating
to public transit systems (including a provision that only applied to
New York City).
In Public Service Company of Indiana v. EPA, 682 F.2d 626 (7th Cir.
1982), the court rejected industry arguments that in passing on State-
submitted SIP revisions, EPA must either approve them as a whole or
disapprove them as a whole. Instead, it upheld EPA's authority to approve
those portions of a submission that met the standards of the Clean Air Act
and disapprove those that did not.
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IX-3
In a final case relating to the adequacy of State SIP submissions, the
Ninth Circuit held that the Pacific Legal Foundation lacked standing to
challenge EPA's imposition of construction limitations on California, and
its barring of certain Federal grants there, because of California's failure
to conform its implementation plan provisions to the requirements of Part D
of the Clean Air Act. Pacific Legal Foundation v. Gorsuch.
In Roosevelt Campobello International Park Commission v. EPA, 684
F.2d. 10"3T~[~lst Ci r. 1982), the court held that judicial review of various
questions relating to EPA's grant of a PSD permit to the Pittston Company's
proposed refinery at Eastport, Maine, was not appropriate because the permit
would not he of any practical use unless EPA also amended some of the
applicable regulations, a step which it had not yet taken.
In Kennecott Corp. v. EPA, 684 F.2d 1007, the D.C. Circuit invalidated
the portion of EPA's Section 119 nonferrous smelter order (NSO) regulations
governing how the Agency determines a smelter's eligibility for an NSO.
EPA's test would have allowed an NSO, which postpones SIP compliance, only
when timely SIP compliance would cause the smelter to shut down. The court
found this too stringent, holding that Congress did not intend to deny an
NSO when timely compliance would impose on the smelter certain adverse
economic consequences short of shutdown. The decision pertains only to
EPA's NSO rules for the first statutory period, which expired at the end of
1982. However, its reasoning will be relevant to EPA's forthcoming NSO
rules for the second period, 1983-1988.
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X. REFERENCES
Chapter II
1. 44 Federal Register 27558 (May 10, 1979).
2. Guideline on Air Quality Models. EPA-450/2-78-027. April 1978.
Chapter III
1. K. Scheme and J. Shreffler, "Final Evaluation of Urban Scale Photochemical
Air Quality Simulation Models," EPA-60U/3-82-094, December 1982.
2. P. Gabele, R. Sweidinger, and F. Black, "Passenger Car Exhaust Emission
Patterns - Petroleum and Oil Shale Derived Diesel Fuels," Society of
Automotive Engineers, 820770, June 1982.
3. T.B. Martonen, and A.F. Wilson, "The Influence of Hygroscopic Growth
Upon the Deposition of Broncodilating Aerosols in Upper Human Airways,"
The Proceedings of the G.A.E.F. Meeting in Bologna, Italy, September
1982.
4. T. Lavery, A. Bass, D. Strimaitos, A. Venkatram, B. Green, P. Drivas,
and B. Egan, "EPA Complex Terrain Model Development - First Milestone
Report - 1981," EPA-600/3-82-036, April 1982.
5. "Recommended Accuracy Checks for NESHAP Methods," QA Handbook Volume III.
EPA-60U/4-77-0276.
Chapter IV
1. 45 Federal Register 55066 (August 18, 198U).
2. 47 Federal Register 26233 (June 17, 1982).
3. "Air Quality Criteria for Oxides of Nitrogen." Environmental Criteria
and Assessment Office, Office of Research and Development, U.S. EPA,
Research Triangle Park, N.C. EPA-600/8-82-U26F, December 1982.
4. "Review of the National Ambient Air Quality Standards for Nitrogen
Oxides: Assessment of Scientific and Technical Information." Office
of Air Quality Planning and Standards Staff Paper. U.S. EPA,
Research Triangle Park, N.C. EPA-450/5-82-002, August 1982.
5. "Review of the National Ambient Air Quality Standards for Particulate
Matter: Assessment of Scientific and Technical Information." OAQPS
Staff Paper. U.S. EPA, Research Triangle Park, N.C. EPA-450/5-82-001,
January 1982.
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X-2
Chapter V
1. 43 Federal Register 46246 (Octobers, 1978).
2. 47 Federal Register 49322 (October 29, 1982).
3. 46 Federal Register 44476 (September 4, 1981).
4. 47 Federal Register 15076 (April 7, 1982)
5• BACT/LAER Clearinghouse - A Compilation of Control Technology
Determination "(Kay 1982), U.S. EPA, Control Programs Development
Division, Research Triangle Park, N.C., May 1982.
6. 45 Federal Register 52676 (August 7, 1980).
7. Court of Appeals for the D.C. Circuit, No. 79-1112.
8. 47 Federal Register 27554 (June 25, 1982).
9. 45 Federal Register 80084 (December 2, 1980).
10. 47 Federal Register 6624 (February 16, 1982).
11. 47 Federal Register 5864 (February 8, 1982).
12. 47 Federal Register 31321 (July 19, 1982).
Chapter VI
1. 47 Federal Register 16582 (April 16, 1982).
2. 47 Federal Register 16564 (April 16, 1982).
3. 47 Federal Register 34137 (August 6, 1982).
4. 47 Federal Register 47778 (October 27, 1982).
5. 47 Federal Register 49278 (October 29, 1982).
6. 47 Federal Register 49606 (November 1, 1982).
7. 47 Federal Register 50644 (November 8, 1982).
8- 47 Federal Register 54258 (December 1, 1982).
9. 47 Federal Register 3767 (January 27, 1982).
10. 47 Federal Register 36859 (August 24, 1982).
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X-3
11. 47 Federal Register 52932 (November 23, 1982).
12. 47 Federal Register 56118 (December 14, 1982).
13. 47 Federal Register 26750 (June 21, 1982).
14. 47 Federal Register 38832 (September 2, 1982).
15. 47 Federal Register 34342 (August 6, 1982).
16. 47 Federal Register 32743 (July 29, 1982).
17. 45 Federal Register 26660 (April 18, 1980).
18. 45 Federal Register 83448 (December 12, 1980).
19. 45 Federal Register 83952 (December 19, 1980).
20. 46 Federal Register 1165 (January 5, 1981).
Chapter VII
1. Report of the National Commission on Air Quality. To Breathe Clean
Ai^r. GPO 1981 735-046/1424, March 1981, Page 3.8.
Chapter VIII
1. "Actions to Help the Auto Industry," White House release dated
April 6, 1981.
2. 47 Federal Register 54250 (December 1, 1982).
3. 47 Federal Register 50929 (November 10, 1982).
4. 47 Federal Register 1642 (January 13, 1982).
5. 47 Federal Register b8462 (December 30, 1982).
6. 47 Federal Register 49322 (October 29, 1982).
7. 48 Federal Register 4286 (January 31, 1983).
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DATE DUE
O.S.
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
3. RECIPIENT'S ACCESSION NO.
4. TITLE AND SUBTITLE
Progress in the Prevention and Control of
Air Pollution in 1982
5. REPORT DATE
April 1984*
6. PERFORMING ORGANIZATION CODE
7.XKHXKXCC39
8. PERFORMING ORGANIZATION REPORT NO
Project Officer
Will-Jam F. Hamilton
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Office of Air Quality Planning and Standards
Control Programs Development Division
Mail Drop 15
Research Triangle Park, N.C. 27711
10. PROGRAM ELEMENT NO.
JJJA2A.
11. CONTRACT/GRANT NO.
12. SPONSORING AGENCY NAME AND ADDRESS
Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
13. TYPE OF REPORT AND PERIOD COVERED
Final 1982
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
Annual Report of the Administrator of the Environmental Protection Agency to the
Congress under Section 313, 202, and 306 of the Clean Air Act
16. ABSTRACT
The report addresses the progress made in the prevention and control of air
pollution in 1982. It covers the areas of air quality trends and monitoring,
development of air quality criteria and standards, the status of State Imple-
mentation Plans, the control of stationary and mobile source emissions, enforce-
ment, and litigation. The report is the annual report of the Administrator of
EPA to the Congress in compliance with Sections 313, 202(b)(4), and 306 of the
Clean Air Act, as amended.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air Pollution
Environmental Engineering
Pollution Abatement
Pollution Regulations
Public Health
b.IDENTIFIERS/OPEN ENDED TERMS
c. COSATI l-ield'(,roup
JI8. DISTRIBUTION STATEMENT
| Release unlimited. Available
1 through NTIS
19 SECURITY CLASS (This Report,
Unclassified
20 SECURITY CLASS (This page
Unclassified
•<, ! ~ T'
21 NO OF PAGE.
58
22. PRICE
EPA Form 2220-1 (Rev. 4-77) PREVIOUS EDITION is OBSOLETE
*Date of transmittal to the Congress.
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