95th Congress 1 OTTV \firi / DOCUMENT
1st Session / SiiNAaiii j No 95_7g
PROGRESS IN THE PREVENTION AND CONTROL
OF AIR POLLUTION IN 1976
ANNUAL REPORT
OF THE
ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY
TO THE
CONGRESS OF THE UNITED STATES
IN COMPLIANCE WITH
SECTIONS 202, 306(e), AND 313 OF PUBLIC LAW 91-604
THE CLEAN AIR ACT, AS AMENDED
NOVEMBER 1977
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1977
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
JENNINGS RANDOLPH, West Virginia, Chairman
EDMUND S. MUSKIE, Maine ROBERT T. STAFFORD, Vermont
MIKE GRAVEL, Alaska HOWARD H. BAKER, JR., Tennessee
LLOYD M. BENTSEN, Texas JAMES A. McCLURE, Idaho
QUENTIN N. BURDICK, North Dakota PETE V. DOMENICI, New Mexico
JOHN C. CULVER, Iowa JOHN H. CHAFEE, Rhode Island
GARY HART, Colorado MALCOLM WALLOP, Wyoming
WENDELL R. ANDERSON, Minnesota
DANIEL PATRICK MOYNIHAN, New York
JOHN W. YAGO, Jr., Staff Director
BAILEY GUARD, Minority Staff Director
LEON G. BILLINGS and HAROLD H. BRAYMAN (Minority)
Senior Professional Staff if ember*
PHILIP T. CCMMINGS, RICHARD M, HARRIS, RICHARD E. HEROD (Minority), and
KATHEBIXE Y. CUDLIPP (Minority), Associate Counsel*
Professional an& research staff: KARL R. BRAITHWAITE, PAUL CHIMBS, E. KEVIN CORNELL,
GEORGE P. FENTON, Jr., RANDOLPH G. FLOOD, KATHALEEN R. E. FOBCCM, JOHN D. FRESH-
MAN, AlfN GARRABRANT, RICHARD T. GHEEH, WESLEY F. HAYDEN, VERONICA A. HOLLAND,
RONALD L. KATZ, KATHLEEN A. KOBPON, JUDT F. PARENTE, JOHN B. PUEINTON, Jr., JAMBS
D. RANGE (Assistant Counsel, Minority), JACQUELINE E. SCHAPER, CHABLENE A. STUR-
BITTS, E. STEVENS SWAIN, Jr., ROBERT VAN HEUVELEN, SALLY W. WALKER, and HAVEN
WHITESIDE
SENATE RESOLUTION
Submitted by Mr. Randolph of West Virginia
S. Res. 285
IN THE SENATE OF THE UNITED STATES,
October31 (legislative day, October 29}, 1977.
Resolved, That the annual report of the Administrator of the En-
vironmental Protection Agency to the Congress of the United States
(in compliance with sections 313, 202, and 306(e) of Public Law 91-
604, the Clean Air Act as amended) entitled "Progress in the Preven-
tion and Control of Air Pollution in 1976" be printed, with illustra-
tions, as a Senate document.
SEC. 2. There shall be printed one thousand additional copies of
such document for the use of the Committee on Environment and
Public Works.
Attest:
J. S. KIMMITT,
/Secretary.
(ID
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CONTENTS
LIST OF TABLES iv
LIST OF FIGURES vi
PREFACE vi1
I, INTRODUCTION AND SUWARY. 1
II. AIR QUALITY TRENDS 11
Suspended Particulate Trends 12
Sulfur Dioxide Trends ............ 14
Carbon Monoxide Trends ....I!]!!.]].].'].' 15
Oxidant Trends 1 !!!!.'!!!!!!! 16
Nitrogen Dioxide Trends ............ 16
Air Monitoring Strategy Review ............. 17
III. . DEVELOPMENT OF AIR QUALITY CRITERIA AND STANDARDS .... 19
Introduction . 19
Health Effects Research ..[....[.......[. 20
Ecological Effects Research ............... 26
IV. STATUS OF STATE IMPLEMENTATION PLANS (SIPs) 29
Introduction 29
Revisions for Attainment/Maintenance* ! ! . ! 30
New Source Review 36
Transportation Control Measures 38
V. INTERGOVERNMENTAL RELATIONS 44
Federal Support of State and Local Programs 44
Interagency Cooperation ..... 54
International Collaboration in Control of
Air Pollution 60
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CONTENTS (continued)
Page
VI. CONTROL OF STATIONARY SOURCES 65
New Source Performance Standards 65
Control of Hydrocarbon Emissions 68
111(d) Standards 70
National Emission Standards for Hazardous
Air Pollutants (NESHAPS) 72
Registration of Fuels and Fuel Additives 73
Development of New and Improved Air Pollution Control
Techniques for Stationary Sources 73
Sulfur Oxides 74
Nitrogen Oxides (NO ) 76
Particulates. . . 77
Other Pollutants : 78
VII. CONTROL OF MOBILE SOURCE EMISSIONS 80
Introduction 80
Measures Taken To Implement Mandated Title II
Emission Standards 80
Motor Vehicle Emission Regulations -- Actions Taken
In 1976 86
Auto Fuel Economy Regulations 90
Cost of Meeting Emission Standards 91
Emissions from Vehicles in Use 95
Assessment of Mobile Source Technology 98
VIII. RESEARCH IN MONITORING INSTRUMENTATION AND QUALITY
ASSURANCE 104
Monitoring Developments 104
IX. ENFORCEMENT Ill
Stationary Source Enforcement Ill
Mobile Source Enforcement 127
Federal Procurement and The List of Violating
Facilities 135
Compliance by Federal Facilities 139
11
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CONTENTS (continued)
Page
X. LITIGATION IN 1976 141
Transportation Control Plans
Lead Pollution 142
New Source Performance Standards 142
Prevention of Significant Deterioration (PSD) 143
State Control Over Federally-Owned Pollution Sources . . 143
EPA Authority to Require Stringent Measures to
Achieve Health Standards 143
Enforcement and Economic and Technological Infeasibility 143
Pre-Enforcement Review 145
Tall Stacks and Supplementary Control System 145
References 146
111
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LIST OF TABLES
Table
II-l. National Summary of Air Monitoring Stations Reporting
Violations of Air Quality Standards (1975) 11
II-2. National Trend - Percent of Population Exposed to
Annual Mean Total Suspended Particulate in Excess of
75 ug/m3 (NAAQS) From 1970 Through 1974 — Based On A
Population At Risk of 164 Million 13
I1-3. Number of People Living In Areas of the New York-New
Jersey-Connecticut AQCR Which Exceeds the Annual TSP
NAAQS 13
IV-1. National Attainment/Non-attainment Status of AQCRs and
State Portions 31
V-l. Organizational Location of State and Local Control
Agencies Receiving Federal Funds 45
V-2. Distribution of Funds by Jurisdictional Areas of State
and Local Control Agencies 46
V-3. Estimated Man-years of Effort Employed By State and
Local Air Pollution Control Agencies 49
V-4. Estimated Distribution of Resources Devoted to Air
Pollution Control Activities of National Priority By
State and Local Control Agencies in FY 75-76 51
V-5. Attendance at Short-term Technical Courses 53
VII-1. Emission Standards for Motor Vehicle Classes 84
VII-2. Estimated Passenger Car Emission Control Equipment
Costs, 1968-1980 Model Years 93
VIII-1. Ambient Air Quality Measurement Methods 108
VIII-2. Stationary Source Measurement Methods 109
IX-1. Compliance Status of Class A Emitters by Region .... 113
IV
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LIST OF TABLES (continued)
Table Page
IX-2. Stationary Source Air Pollution Enforcement
January 1976 Through September 1976 114
IX-3. Stationary Source Air Enforcement Actions Initiated by
EPA Regions January 1, 1976 Through September 30, 1976 115
IX-4. Status of Compliance with Emission L1mitations--Major
Pollution Steel Processes vs All Major Stationary
Source Installations, September 1976 122
IX-5. Mobile Source Enforcement January 1, 1976 Through
September 30, 1976 136
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LIST OF FIGURES
Figure Page
II-l. Sulfur Dioxide Trends—90th Percentile of the Annual
Averages for Sulfur Dioxide Monitoring Sites by
Geographical Region (1971-1975) 15
vi
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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 rests with state and local governments. EPA's
role is to conduct research and development programs, set national goals (via
standards and regulations), provide technical and financial assistance to
the states, and, where necessary, supplement state implementation and
enforcement programs.
Section 313 of the Clean Air Act requires the Administrator to report
yearly on measures taken toward implementing the purpose and intent of the
Act. Section 313 reads as follows:
"Not later than six months after the effective date of
this section and not later than January 10 of each calendar
year beginning after such date, the Administrator shall
report to the Congress on measures taken toward imple-
menting the purpose and intent of this Act including,
but not limited to, (1) the progress and problems associ-
ated with control of automotive exhaust emissions and
the research efforts related thereto; (2) the develop-
ment of air quality criteria and recommended emission
control requirements; (3) the status of enforcement
actions taken pursuant to this Act; (4) the status of
State ambient air standards setting, including such
plans for implementation and enforcement as have been
developed; (5) the extent of development and expansion
of air pollution monitoring systems; (6) progress and
problems related to development of new and improved
control techniques; (7) the development of quantitative
and qualitative instrumentation to monitor emissions and
air quality; (8) standards set or under consideration
pursuant to title II of this Act; (9) the status of State,
interstate, and local pollution control programs established
pursuant to and assisted by this Act; and (10) the reports
and recommendations made by the President's Air Quality
Advisory Board."
vii
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This report covers the period January 1 to December 31, 1976, 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 by EPA since the last report. In addition, for the
first time! this report also includes two other EPA reports to
Congress required under the Clean Air Act, as amended:
1. Section 202 report on measures taken in relation to motor
vehicle emission control (Chapter VII); and
2. Section 306(e) report on Federal procurement and violating
facilities (in Chapter IX).
viii
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I. INTRODUCTION AND SUMMARY
This report reviews the progress that the U.S. Environmental Protection
Agency (EPA) has made during 1976 in the control and prevention of air pollu-
tion. The topics covered in the report are set forth in sections 313, 202,
and 306(e) of the Clean Air Act. The major events which took place during
1976 are grouped by topic and briefly summarized here. They are discussed
much more fully in the text of the report.
AIR QUALITY TRENDS
Suspended Particulate
Trends in total suspended particulates (TSP) levels since 1971 show
a general improvement at a rate of four percent per year, resulting in
33 percent fewer people in the U.S. being exposed to levels higher than
the health-related air quality standard. Improvement rates have differed
in various parts of the country, with higher rates being found in the
northeast and Great Lakes areas and more level rates in some western states.
Approximately 30 percent of the nation's population are still living in
areas above the long-term annual standard.
Sulfur Dioxide
Levels of sulfur dioxide (S02) in the air over the nation's urban
areas have decreased by an average of 30 percent from 1970 to 1975. Most
of this improvement took place during the 1970-73 period. Since then levels
have been fairly constant because many areas have implemented control
regulations and attained the ambient air quality standard.
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From a national viewpoint, the urban S02 problem has diminished and
only a small number of areas now exceed the air quality standard for StL.
However, a number of major point sources of sulfur dioxide located outside
of urban areas continue to hamper final achievement of the National Ambient
Air Quality Standards (NAAQS).
Carbon Monoxide
Carbon monoxide (CO) levels have not been measured at as many locations
and for as long a period of time as particulates and S02. Accordingly, it
1s difficult to determine with a reasonable degree of confidence national
ambient air trends for CO; additional monitoring will be needed to achieve
this. Where CO has been monitored a downward trend of about five percent
per year was found.
Oxidant
No national trends can be reported at this time because of a lack of
air quality trends. The widespread extent of the problem 1s reflected 1n
that control strategies for 122 of the 247 air quality control regions (AQCRs)
were found to be substantially inadequate and revisions to state plans are
required. Moreover, 75 percent of the oxidant monitoring stations exceeded
the one hour oxidant standard In 1975.
Nitrogen Dioxide
Nitrogen dioxide (NOJ level trends vary geographically. Recent declines
have occurred 1n three cities 1n northeast New Jersey and 1n one western
city. No significant trend was found 1n the two other cities examined.
DEVELOPMENT OF AIR QUALITY CRITERIA AND STANDARDS
Since the initial publication of air quality criteria and the promul-
gation of ambient air quality standards for TSP, sulfur oxides (SOX),
hydrocarbons (HC), photochemical oxldants, and nitrogen oxides (NO ), EPA
A
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has continued to support research which provides a current basis for reeval-
uation of the present criteria and ambient air quality standards. This
research effort will culminate in the provision of preliminary updated and
revised criteria documents for the above pollutants within the next three
years. The first revised document, that for photochemical oxidants and HC,
is scheduled for availability by mid-1977.
Other research continues to establish the basis for assessing the
health and welfare impact significance of transportation related pollutants,
trace metal pollutants, potentially toxic and hazardous chemical pollutants,
and secondary pollutants formed in atmospheric reactions.
Special attention has been directed since March 3, 1976, toward the
revaluation and documentation of information related to the health effects
of lead. The agency plans to propose NAAQS for lead by August 1977.
STATUS OF STATE IMPLEMENTATION PLANS
During 1976 EPA called for major revisions to State Implementation
Plans (SIPs) 1n areas where the present plan is Inadequate to provide for
attainment of NAAQS. There were a total of 246 calls for SIP revisions,
each call being specific to an AQCR or state portion and a criteria pollu-
tant. These calls were the culmination of a major effort by EPA and the
states to identify AQCRs experiencing violations of the standards and to
ascertain the reasons for those violations.
The most widespread problems are those associated with photochemical
oxidants and particulates. There were 114 calls for oxidant SIP revisions.
The analysis which went into the calls as well as many other studies
indicate that, with present technology, the oxidant standard may not be
reached in many areas. However, reductions are possible. For TSP there
were 78 calls for SIP revisions. Many of the calls involved both fugitive
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dust and fugitive emissions. Regulations for these types of sources will
be difficult to develop. However, the TSP standard is attainable in most
areas.
Also during 1976, EPA and the states placed more emphasis on develop-
ing and implementing New Source Review (NSR) procedures. NSR ensures that
new sources meet all applicable emission limits and do not interfere with
attainment/maintenance of the NAAQS or Prevention of Significant Deterioration
(PSD) increments.
INTERGOVERNMENTAL RELATIONS
The Clean Air Act of 1970, as amended, places emphasis on the Federal
support of state and local air pollution control programs. In 1976, 55
state and territorial agencies and 235 local agencies, working in coordination
with the states, expended approximately $157 million and 7,100 man-years to
carry out the major regulatory and enforcement aspects of the air pollution
control effort.
Expanded activities undertaken pursuant to the requirements of the Act,
Congressional guidance, and court orders have increased the importance and
necessity for intergovernmental cooperation. EPA continues to delegate
to the states increasing responsibility for administration of programs
addressing national emission standards for hazardous air pollutants (NESHAPS),
new source performance standards (NSPS), and prevention of significant
deterioration (PSD).
Air pollution control programs which identify the need for controls
more properly administered and enforced by state and local agencies other
than air pollution control agencies have encouraged EPA to initiate efforts
at the Federal level to establish interagency cooperation agreements.
Agreements and cooperation efforts have been established with the Department
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of Transportation, Department of Housing and Urban Development, Federal
Energy Administration, Department of Interior, and the Department of Commerce.
International cooperation continues in the form of EPA providing aid
4
to specialized international organizations such as the Organization for
Economic Cooperation and the United Nations Environment Program in the fields
of monitoring and evaluation of the long range transport of air pollutants
and the development of international air quality criteria for SO and TSP.
J\
In addition to international cooperation through organizations
such as the United Nations, EPA has entered into specialized bilateral air
pollution projects with Canada, Mexico, Japan, the Federal Republic of
Germany, the USSR, Spain, Yugoslavia, and Poland.
CONTROL OF STATIONARY SOURCES
Standards and Regulations
NSPS were promulgated for primary copper, zinc, and lead smelters, coal
preparation plants, ferroalloy production facilities, and primary aluminum
reduction plants in 1976. NSPS were also proposed for kraft pulp mills,
petroleum refinery sulfur recovery plants, and lignite-fired steam generators.
During 1976 emphasis has been shifted towards control of emissions
of non-methane HC, including petroleum production, refining, storage, and
transfer operations; organic chemical manufacturing-, and end-use applications,
such as surface coatings and degreasing operations. Where feasible and
practical, NSPS will be developed.
A NESHAPS was promulgated for vinyl chloride.
Research efforts for improved air pollution control techniques have
emphasized flue gas desulfurization, removal of pollutants from fuels and the
fluidized bed combustion process for SOv; combustion modification and flue
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gas treatment for NOV; fine oarticle control; and other pollu-
s\
tants, particularly trace metals, polycyclic organic matter, HC, and
fluorides.
CONTROL OF MOBILE SOURCE EMISSIONS
The major element of the control of mobile source emissions has been
EPA's Federal Motor Vehicle Control Program (FMVCP). During 1976
EPA tested for certification purposes 1977 model year vehicles. This required
testing vehicles from 50 manufacturers and involved running approximately 2,900
emission tests.
By mid-1976 EPA began to accept applications for certification for 1978
model year vehicles. However, because of the general inability of most 1978
model year light duty vehicles to meet the 1978 statutory emission standards,
EPA informed the industry that,while it would continue its certification
testing of 1978 model year vehicles, it would not issue 1978 Certificates
of Conformity for cars that did not meet the statutory 1978 standards.
During 1976 EPA promulgated emission standards for motorcycles which
would be applicable beginning with 1978 model year vehicles. Emission regula-
tions covering light duty trucks were revised by expanding the light duty
class definition and by increasing the stringency of the emission standards
applicable to light duty trucks beginning with the 1978 model year. More
stringent evaporative emission regulations for light duty passenger vehicles
and trucks were promulgated and made applicable beginning with 1978 model
year vehicles. Proposed rulemaking was issued to increase the stringency of
exhaust emission standards for heavy duty gasoline and diesel powered vehicles
beginning with the 1979 model year.
Regulation of aircraft emissions came in the form of promulgated emis-
sion limitations for SST aircraft manufactured after January 1, 1980, and an
6
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increased emission limitation for aircraft manufactured after January 1, 1984.
Regulation of the JT3D jet aircraft engine was revised by extending the effec-
tive date of the smoke emission standards from January 1978 to September of
1981 with an interim compliance date set for September of 1980.
EPA's FY 74 Emission Factor (Testing) Program completed in 1976 was
the most comprehensive and representative to date. A random sample of 2,000
in-use vehicles was emission tested in an as received condition. The
program included the first testing of in-use 1975 model year cars. The results
of the testing indicated a general failure of relatively new cars to meet
FMVCP emission standards and established the basis for EPA to encourage the
industry to take "aggressive new action" to rectify the in-use vehicle emis-
sion standards compliance problem identified. In addition,EPA embarked on a
further study of the failure of '75 model year vehicles to meet the emission
standards. The study is designed to establish the efficiency of restorative
maintenance programs in correcting emission standards compliance problems of
in-use vehicles.
EPA research and evaluation of current technology indicates that motor
vehicle emission controls will continue to rely heavily on the use of catalyst
systems, especially in light of fuel economy gains possible with their utiliza-
tion. More distant in the future is the expected increased use of all electronic
control of engine parameters such as ignition and fuel metering. Other
research is directed at characterizing and identifying potential problems asso-
ciated with non-criteria pollutants from automotive exhaust emissions such
as platinum, polynuclear aromatics, and hydrogen cyanide (from three-way
catalysts). The environmental significance of changes in motor vehicle fuel
composition is also under study.
98-238 0-77-2
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RESEARCH IN MONITORING INSTRUMENTATION AND QUALITY ASSURANCE
Stationary Sources Emission Measurement
Monitors to measure chlorinated hydrocarbons from solvent degreasing
and commercial dry cleaning facilities, hydrogen sulfide in refinery fuel
gas lines, and sulfuric acid mist have been developed and tested. Previously
developed monitors for NO and SO, were successfully field tested at nitric
x\ £-
acid and sulfuric acid plants, respectively.
Mobile Source Emissions Measurement
^ p^^^^_ __.!_ . • I I • • ^_^__ • ^
Sampling and analytical procedures for SOp and sulfuric acid emissions
from cars equipped with oxidation catalysts have been evaluated and standard-
ized. New methods to measure HC emissions from passenger cars have been
developed. New techniques have been developed to study the emissions of
harmful pollutants associated with catalyst technology, including hydrogen
cyanide, hydrogen sulfide, nitrosamines, nitrous oxide, and polynuclear
aromatic HC.
Ambient Air Measurement
A new analytical technique has been used successfully to measure sulfates
and nitrates. Research has continued on application of gas chromatography/
mass spectro~metry for measuring trace concentrations of organic vapors, use
of the dichotomous samples to selectively sample for fine particles, and use
of an improved device to measure low levels of airborne sulfuric acid mist.
EPA Reference and Equivalent Methods/Quality Assurance
Amendments have been proposed to replace the original N02 reference
method with a new reference measurement principle and its associated calibra-
tion procedure.
Eight ambient air quality measurement methods have been tested and seven
others are under review. Thirteen stationary source measurement methods for
8
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eight types of sources have been tested while nine others for nine types of
sources are under review.
ENFORCEMENT
Stationary Source Enforcement
Enforcement of standards at stationary sources has focused on the
21,930 major emitters which account for about 80 percent of all air pollu-
tion from conventional stationary point sources. By July 1, 1976, EPA and
the states had brought 19,833 of them into compliance or placed them on
enforceable schedules leading to compliance in the near future. Compliance
levels have climbed from 84 percent to about 90 percent during FY 1976. In
the past six months EPA has taken 395 enforcement actions and completed
4,079 investigations, including plant inspections, opacity observations,
emission tests, and formal inquiries for evidence.
States report that in the last six months they have conducted over
87,000 investigations of compliance status and have taken 9,771 enforcement
actions, including 7,081 notices of violation and 2,690 enforcement orders
or civil/criminal actions.
v
Despite all of this enforcement activity, 1,611 major sources still
violate emission limits or compliance schedules and nearly 600 must be
inspected to determine their compliance status.
Mobile Source Enforcement
EPA conducted 62 inspections and investigations of auto manufacturers
resulting in 12 written inquiries and 1 prosecution referral.
EPA conducted 25 investigations of tampering with vehicle emission con-
trol systems which resulted in 6 prosecution referrals.
Twenty-eight investigations have led to 1 EPA ordered recall of 33,000
vehicles and 12 .manufacturer initiated recalls of 62n.iO.QQ.vehicles.
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There were 33 investigations of Imports resulting in 1 prosecution referral,
modification of 1,200 vehicles, export of 75 vehicles, and assessment of
$760,000 in civil penalties.
In 1976, there were 23,400 service station inspections for lead content
in fuels. As a result, 3,125 warnings were issued, 536 complaints were
filed and $186,325 in civil penalties were assessed.
Federal Procurement and the List of Violating Facilities
The first three facilities to be listed under Section 306 of the Clean
Air Act were named in 1976 for continuing noncompliance with clear air
standards. These facilities, by being listed, are ineligible for use in a
Federal contract, grant, or loan.
LITIGATION
There were several important court decisions in 1976. Among these were:
1. a decision by the Court of Appeals for the D.C. Circuit that, in
i
circumstances where certainty is not possible, EPA may base its regulatory
decisions on prudent policy judgments where factual analysis cannot provide
definite answers;
2. a decision by the Court of Appeals for the Second Circuit to up-
hold a lower court decision that EPA develop a NAAQS for lead;
3. a decision by the Court of Appeals for the D.C. Circuit upholding
EPA regulations for PSD; and,
4. a Supreme Court decision that Federal facilities must comply with
state substantive requirements but not with state procedural requirements.
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II. AIR QUALITY TRENDS
The status of air quality with respect to the national standards in
1975 was in many respects similar to that reported in 1974. (It should be
noted that data used in this chapter will be the latest available. However,
due to the time required to analyze and statistically interpret raw data,
the values used may be for 1974 or 1975.) About the same percentage of
reporting stations are exceeding the air quality standards. This is shown
in Table II-l. Although the number of stations reporting violations has
Table II-l. NATIONAL SUMMARY OF AIR MONITORING STATIONS REPORTING
VIOLATIONS OF AIR QUALITY STANDARDS (1975)
Pollutant
TSP
S02
CO
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remained fairly constant, the frequency of violations of standards at these
stations or the highest values recorded have generally declined indicating
that progress is being made in reducing pollutant levels.
Progress has been made in achieving compliance with the National
Ambient Air Quality Standards (NAAQS) for total suspended particulate (TSP),
sulfur dioxide (S02), and carbon monoxide (CO). Trends for nitrogen dioxide
(NOp) and photochemical oxidants are mixed. Progress is measured by comparing
current data on ambient air pollution levels with past years for the primary
and secondary NAAQS for each of the pollutants. (Primary standards protect
the public health and secondary standards protect the public welfare, as
measured by effects of pollution on vegetation, materials, and visibility.)
Standards are further categorized by length of exposure/concentration level.
Long-term standards specify an annual mean that may not be exceeded; short-
term standards specify upper limit values for 1-, 3-, 8-, or 24-hour averages
that may not be exceeded more than once per year.
SUSPENDED PARTICULATE TRENDS
Trends in TSP levels since 1971 show a general improvement at a rate
of four percent per year, resulting in 33 percent fewer people in the U.S.
being exposed to levels higher than the health-related air quality standard.
Improvement rates have differed in various parts of the country, with higher
rates being found in the northeast and Great Lakes areas, and more level
rates in some western states. Despite the improvements, TSP still remains
a problem. Approximately 30 percent of the nation's population are still
living in areas above the long-term annual standard as shown in Table II-2.
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Table II-2. NATIONAL TREND - PERCENT OF POPULATION EXPOSED TO ANNUAL MEAN
TOTAL SUSPENDED PARTICULATE IN EXCESS OF 75 ng/nv* (NAAQS) FROM
1970 THROUGH 1974*.
Year
Percent
1974
1973
1972
1971
1970
30
32
37
43
45
*Base population of 164 million for this analysis.
A study of the New York-New Jersey-Connecticut AQCR shows that in 1971
58 percent of the total population lived in areas where levels exceeded the
health-related standard. But, by 1974, this had dropped to 17 percent as
shown in Table II-3.
Table II-3. NUMBER OF PEOPLE LIVING IN AREAS OF THE NEW YORK-NEW JERSEY-
CONNECTICUT AQCR WHICH EXCEEDS THE ANNUAL TSP NAAQS.*
Population
Cateaorv
Total
Population
School Age
Elderly
Total
Population
in Millions
17
3.9
1.8
1971
Percent of
Category
Population
58
53
64
1974
Percent of
Category
PoDiilation
17
14
20
Percent reduction in
population exposed to
levels above annual
orimarv TSP NAAOS
71
74
69
*The annual TSP NAAQS is 75 yg/m3.
The numbers of those more likely to be adversely affected by high air
pollution levels -- the elderly and the school aged — living in the high
13
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pollution areas also dropped sharply. Although a slightly higher proportion
of the elderly population lives in areas of elevated particulate levels,
the overall rates of improvement are similar for the total population, for
the school aged, and for the elderly.
SULFUR DIOXIDE TRENDS
Levels of sulfur dioxide in the air over the nation's urban areas
have decreased by an average of 30 percent from 1970 to 1975. Most of this
improvement took place during the 1970-73 period. Since then, levels have
been fairly constant because many areas had implemented control regulations
and attained the ambient air quality standard.
In some few cases, there seem to have been slight increases during 1975
because of changes in fuel use patterns. In the western states, where S02 levels
are low, there has been an increase because of a curtailment in the use of
natural gas for industrial purposes. Similar increases can be expected in
parts of the Northeast.
From a national viewpoint, the urban sulfur dioxide problem has diminished
and only a small number of areas now exceed the air quality standard for
S02. However, a number of major point sources of sulfur dioxide located
outside of urban areas continue to hamper final achievement of the NAAQS.
The year-by-year changes in the S02 levels measured at all locations
within different regional areas of the country are shown in Figure II-l.
(The west is omitted because of insufficient information.) Levels in the
northern regions, even though decreasing, remain higher than the other areas,
in part because of emissions associated with space heating.
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80-
70-
CO-
50-
K E 40-1
'- LJl
,-J y.
o
u
30
20-
10-
NomnccrjiRAL
fJOIUHEAST
SOUTH
MimVEST
| | 1 j— 1
1971 1972 1073 1974 1975
YEAH
Figure II-l. Sulfur Dioxide Trends — 90th Percentile of the
Annual Averages for Sulfur Dioxide Monitoring
Sites by Geographical Region (1971-1975).
CARBON MONOXIDE TRENDS
The primary source for emissions of carbon monoxide in most U.S. cities
is the automobile. Nationally, three-fourths of the carbon monoxide comes
from transportation sources. But, in some urban areas, transportation related
sources can be responsible for as much as 99 percent of the emissions.
Moreover, any city with heavy vehicular traffic may have a potential problem
from carbon monoxide. In some cases, the problem may be highly localized —
affecting perhaps only a few street corners. In other cases, the problem
may be widespread throughout the center-city area and near major commuter
corridors. In any event, improvements in levels of carbon monoxide in the
air will almost always be directly related to control of emissions from
automobiles.
15
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Generally, carbon monoxide levels have not been measured at as many
locations and for as long a period of time as participates and sulfur dioxide.
Accordingly, it is difficult to determine with a reasonable degree of con-
fidence national ambient air trends for carbon monoxide. Where carbon
monoxide has been monitored a downward trend has been noted. In California,
81 percent of the CO monitors have shown a downward trend resulting in an
overall improvement of about 7% per year. For the rest of the nation, an
improvement in CO levels of about 5% per year was found.
OXIDANT TRENDS
Oxidants (or photochemical oxidants) are not emitted directly into
the air from air pollution sources. This group of chemicals is formed in
the air by chemical reactions between hydrocarbons — such as gasoline
vapors and cleaning solvents — and nitrogen dioxides — which are formed
from the nitrogen and oxygen in the air whenever any kind of burning takes
place.
During 1976, a major concern developed over the widespread violations
of the national ambient standard for oxidants. Although no national trends
can be reported at this point,an idea of the magnitude of the problem can be
obtained from the number of State Implementation Plans found to be substan-
tially inadequate with respect to oxidant (122 AQCRs out of a total of 247).
Another indication of the widespread problem is that 79 percent of the ox'idant
monitoring stations exceeded the 1 hour primary standard in 1975 (see Table
II-l). A lack of historical data prevents comparison with prior years.
NITROGEN DIOXIDE TRENDS
Nitrogen dioxide level trends vary geographically. A significant de-
cline occurred in the Los Angeles Basin between 1971-1975, but in the
San Francisco Bay Area as many sites increased as decreased. Recent declines
16
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have occurred in three cities in New Jersey and in Denver, Colorado. No
significant trend for nitrogen dioxide was found in the two other cities
examined, Chicago, Illinois, and Portland, Oregon.
Uniform Air Pollution Index Developed
A standard air pollution index for use by local governments, newspapers,
radio and television stations, and other news media has been developed to
provide nationwide uniformity in pollution readings and to increase public
understanding. Adoption of the recommended index by Metropolitan and State
Agencies is on a voluntary basis. The index was developed through the efforts
of the Federal Task Force on Air Quality Indicators.
The index is designed to convert the maximum measured daily air pollution
levels in a city to a simple number on a scale of 0 to 500, Intervals on
this scale are related to the potential health effects of the daily measured
levels of carbon monoxide, oxidants (or ozone), particulates, sulfur dioxide,
and nitrogen dioxide. The air pollution intervals and their health effects
terms range from "good" (0 to 50), "moderate" (50 to 100), ."unhealthful"
(100 to 200), "very unhealthful" (200 to 300), to "hazardous" (above 300).
An index value of 100 corresponds to the short period National Ambient Air
Quality Standards and 500 corresponds to the "significant harm" level estab-
lished by EPA for the protection of human health. Index values of 200, 300,
and 400 correspond to the established Federal episode criteria which local
agencies use as administrative guides for taking emergency control actions.
AIR MONITORING STRATEGY REVIEW
In October 1975, a Standing Air Monitoring Work Group was established
to review air monitoring activities and develop an overall strategy for
future air monitoring. The group was formed because air monitoring data needs
to meet program objectives are dynamic and vary considerably between Federal,
state, and local control agencies. The Work Group was to be a partnership
17
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effort between the EPA, states, and local control agencies and the strategy
evolved was to assure collection of necessary and accurate air quality data
within the present and foreseen level of resources allocated by Federal,
state, and local levels of government.
In 1976, a series of nine air monitoring issue papers were cooperatively
prepared by the Work Group and widely circulated to state and local agencies
for comment and review. Based upon the reviews and comments a draft overall
air monitoring strategy document was completed in December 1976. A series
of workshops for state and local agencies is scheduled for early 1977 to
critically review the monitoring strategy document. The revised document
will be used to prepare future monitoring guidance documents and assist in
evaluating and revising future air monitoring activities.
18
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III. DEVELOPMENT OF AIR QUALITY CRITERIA AND STANDARDS
INTRODUCTION
A1r quality criteria documents were issued for particulate matter,
sulfur oxides, hydrocarbons, photochemical oxidants, carbon monoxide, and
nitrogen oxides in the period January 1969 through January 1971. On April
30, 1971, (36 FR 8186) subsequent to issuance of the criteria, EPA estab-
lished primary and secondary National Ambient Air Quality Standards (NAAQS)
for these pollutants.
On September 14, 1973, EPA revised the standards by revoking the
annual secondary standard for sulfur dioxide and revising the Air Quality
Criteria for Sulfur Oxides. In addition, the maximum 24-hour concentration
published as a guide for implementation plan development purposes was
deleted.
The above revisions to the criteria and standards have to date been
the only changes to the Federal criteria and standards. Thus, the air
quality goals which form the basis for State Implementation
Plans (SIPs) have for the most part not presented a moving target for SIP
development purposes. Phased revaluation of the criteria and NAAQS (in
addition to that provided under §307 of the Act)is,however,a policy early
espoused by EPA and finds its rationale in the Clean Air Act's guidance,
§108(a)(2), which states that "Air quality criteria for an air pollutant
19
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shall accurately reflect the latest scientific knowledge useful in indi-
cating the kind and extent of all identifiable effects on public health or
welfare which may be expected from the presence of such pollutant in the
ambient air, in varying quantities." (emphasis added)
Work presently underway is directed at providing preliminary updated
and revised criteria documents for the six original pollutants during the
next three years. The first document in the revision sequence, the photo-
chemical oxldants document, which combines the previous oxidants and hydro-
carbons criteria documents, is scheduled to be ready by late 1977.
In addition to the criteria revision work in progress, EPA,as a result of
litigation initiated by the Natural Resources Defense Council and a court
order issued March 1, 1976, listed lead (Pb) under S108(a)(l) of the Act
as a pollutant for which air quality criteria must be established pursuant
to S108(a)(2) of the Act. EPA appealed, and on November 10, 1976, the
appellate court affirmed the decision of the lower court. EPA, as a re-
sult of the appellate court decision, will propose NAAQS for lead by
August 10, 1977.
HEALTH EFFECTS RESEARCH
Research Approach
Research on health effects is fundamental to the Agency's responsi-
bility and ability to develop criteria and to promulgate and enforce
standards and guidelines. EPA health effects research is specifically
designed to identify pollutants which may pose a risk to health, to quan-
tify the relationships between exposure to those pollutants and their
effects on health, and to document the benefits of reducing or eliminating
human exposure through pollution control.
20
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In the health effects research program, data bases are developed for
determining whether restricting exposure to particular pollutants 1s neces-
sary to protect public health and, 1f so, to what degree exposure should be
restricted. To do this, a combination of research approaches 1s used:
toxlcologlcal studies which utilize animal models, human clinical studies,
and epidemlological studies of human populations 1n their actual environ-
mental settings.
The health effects research program 1s basically divided Into four
pollutant areas: studies on criteria pollutants, non-criteria pollutants,
pollutants associated with transportation activities, and non-pesticide
organic and inorganic substances.
Criteria pollutants are those for which National Ambient Air Quality
Standards (NAAQS) have been set: carbon monoxide (CO), sulfur dioxide (S02),
nitrogen dioxide (N02), particulate matter (TSP), hydrocarbons (HC) and
photochemical oxidants (Ox). The Agency 1s continuing to obtain health
effects information on these pollutants in several areas, such as exposure
averaging times—that 1s, short-term, high-concentration exposure versus
long-term, low-level exposure, the adequacy of existing safety margins,
the health benefits of meeting the standards, and the health risks of
exceeding the standards. Thus, the research in this area is basically
directed toward expanding the health data base for those pollutants for
which NAAQS have been promulgated and refining the criteria on which those
standards are based. Any evaluation and adjustment of the standards which
may prove to be necessary will be influenced substantially by these data.
Studies are also being conducted in the criteria pollutant area to
Identify populations most at risk, to refine exposure-effects data for
21
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such populations, and to determine the effects of exposure to combinations
of the criteria pollutants.
Non-criteria pollutants are those for which no NMQS have been
established. Health effects research is also directed toward developing
data on these pollutants, e.g., sulfates, nitrates, and respirable particu-
lates. Some existing evidence associates these pollutants with harmful
effects on human health. Questions being posed in this regard include
determination of exposure-response relationships for these pollutants,
both by themselves and in combination with other pollutants.
One particular area of research in air pollution relates to
transportation. The purpose of this program is to develop comprehensive
toxicological and epidenrfological data bases on the public health conse-
quences of pollutants stemming from transportation sources. EPA is con-
ducting a series of studies to ascertain health risks associated with
emission products such as sulfuric acid, sulfates, carbon disulfide,
hydrogen sulfide, palladium, platinum and aluminum oxide from vehicles
equipped with catalytic converters. The effects of substances used as fuel
additives are also being investigated, and plans to begin work on possible
biological effects of diesel emissions have also been made.
Non-pesticide inorganic and organic substances are also topics of
investigation in the air program area. The health program addresses a
number of trace metals, including cadmium, copper, zinc, arsenic and lead.
In assessing the health implications of exposure to such pollutants, two
important questions being examined are the relative contribution of the
various possible routes of exposure to observed health effects and the
exposure-response relationships exhibited by these'substances. Examples
22
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Include population studies which were Initiated 1n 1975 on the health
Impact of these metals 1n communities near primary smelters and the
development of screening systems for rapid assessment of potentially
hazardous biochemical activity.
Research Efforts .
Criteria Pollutants - A monograph, "Health Consequences of Partlculate A1r
Pollution," has been prepared. The document gives data collected 1n 1971
and 1972 from the southeastern U.S. and the New York City area on the
relationships between partlculate air pollution exposures and the preva-
lence of chronic respiratory Illness, the incidence of acute respiratory
Illness, and the aggravation of symptoms 1n susceptible subpopulatlons.
Results from the studies reported support the current standard for total
suspended particulates and provide data that can be useful to future Agency
actions relative to resplrable partlculates and suspended sulfates.
Decrements 1n certain lung function parameters following four-hour
exposure to 0.4 parts per million (ppm) ozone and two hour exposure to
0.6 ppm ozone were observed 1n human subjects. This work will be used 1n
continuing evaluations of the National Primary Ambient A1r Quality Stan-
dards and the SIPs Recommended Federal Episode Criteria for photochemical
oxldants. The above findings, together with other health effects para-
meters yet to be examined, are especially relevant to assessing the
adequacy of the existing safety margin 1n the present ambient standard
and the Episode Criteria.
Chromosomal aberrations were examined 1n college freshmen/ half of
whom had resided 1n Los Angeles, a high oxldant area, and half of whom had
entered college from residences elsewhere in the U.S. No evidence was
23
98-238 O - T7 - 3
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observed of a seasonal effect of oxidant air pollution on the frequency of
aberrations. A constant excess of aberrations observed in the Los Angeles
Basin residents is being examined. This work can expand our knowledge of
the risks associated with high oxidant levels and will help to elucidate
previous suggestions of radiation-like effects of oxidants (measured as
ozone) on chromosomes.
An animal model, developed as part of the air health program, was
used to assess the immune response or defense mechanism of the lung. It
was shown that ozone and nitrogen dioxide in 0.1 ppm and 3.5 ppm concentra-
tions respectively significantly enhance mortality and reduce mean survival
time in mice challenged with streptococcus bacteria. Such findings contri-
bute to the body of information on the effects of these pollutants on the
ability to resist infectious disease, providing a firmer basis for regu-
latory decisions 1n the future.
To simulate natural air pollution conditions, animals were exposed
to fluctuating concentrations of N02 over time, the fluctuations repre-
senting peak intermittent exposures. On such a regimen, followed by
challenge with streptococcus bacteria, an increased mortality was observed
in the exposed population. These findings contribute to an improved under-
standing of the relationship between concentration and duration of exposure
in evaluating not only the concentration established by the air standards,
but the averaging times employed as well.
An improved monitoring methodology system that is capable of measuring
the exposure of selected populations to short-term, high levels of various
air pollutants, such as SO and NO , was deployed. This system permits
A A
firsthand study of the relationships between the observed acute adverse
24
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health effects and the measured short-term, high pollutant levels. The
combination of these data 1s used to assess the degree of protection pro-
vided to the public by current short-term exposure averaging times and to
develop the data base for establishing new short-term standards.
Construction of the clinical health facility at the Research Triangle
Park Health Effects Laboratory is nearing completion. These facilities
will provide the capability to assess the effects on human health of
specific pollutants by means of human exposure studies carried out under
controlled laboratory conditions. In addition, work has been in progress
to develop and apply non-invasive physiological techniques for human sub-
jects. Two such techniques for sensitive measurements of cardiac para-
meters have resulted 1n an entirely new approach, for which EPA has
applied for a patent.
Non-criteria Pollutants - A long-term study of animal exposure to mobile
source pollutants was completed and analyzed. All exposed groups developed
altered pulmonary function and structural pathologic changes. Pulmonary
emphysema was present 1n several experimental groups. The results of the
study are relevant to the continuing evaluation of the NAAQS and present
mobile source emission standards.
Sample collection and analysis were completed in a pilot study con-
ducted cooperatively with the Center for Disease Control. The study was
designed to preliminarily assess trace metal body burden 1n residents of
primary non-ferrous smelter communities. When analysis of results 1s
complete, the information will be used as part of the basis for selecting
smelter communities for a more in-depth trace metals health effects study.
25
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A major effort has been directed toward developing and utilizing In
vitro screening techniques for predicting the toxldty, mutagenlclty, and
carcinogenlclty of numerous environmental pollutants. The screening systems
developed are expected to be valuable In assessing the myriad of potentially
hazardous substances presently found In the environment.
ECOLOGICAL EFFECTS RESEARCH
Research on ecological effects, I.e., effects on land life other than
man, are fundamental to developing criteria and standards and guidelines
relating to the welfare effects of environmental pollutants.
Research Efforts
Criteria Pollutants - It has been assumed by most researchers that long-
term chronic S02 fumigations of conifers 1n their dormant period had no
effect on plant growth. Preliminary estimates of a study to test this
hypothesis Indicate winter S02 fumigations do affect plant growth of one-
year-old Douglas Fir and Ponderosa pine seedlings. A study 1s now under
way to determine yield effects of short 3-6 hour S02 winter fumigations on
winter wheat at different growth stages.
The northeastern portion of the United States consistently receives
precipitation which Is 10-100 times more acidic than the geologic average.
Other areas are also impacted. The effects of this Increase 1n the acidity
of rain on terrestrial ecosystems are being studied. Simulated rain treat-
ments at acidities ranging from values typical of Northeastern United
States to those found In other areas of the United States are being applied
for three hours, three days each week. Since sulfates in rain
26
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appear to be a major contributor to the acidic reaction, acidities are
controlled by additions of sulfuric acid. Various responses are being
evaluated. These include the leaching of chemicals from foliage and soil,
the transport of nutrients, and plant productivity. Effects associated
with decomposition processes, the germination and establishment of a wide
variety of forest trees, and the growth of agronomic crops are also being
examined. The relevancy of this research to the-present NAAQS for S02, a
precursor of sulfates, is noted.
Photochemical oxidant studies conducted on lettuce, table beets and
red clover to determine yield effects at five different levels of ozone
have been completed and are being analyzed. Results obtained from exposure
seedlings of 9 western conifer species to an average of 10 ppm ozone for
6 hours per day for 20 weeks showed significant growth reductions (10-25
percent) in 2 species (ponderosa pine and western white pine).
Based on preliminary findings, considerable interest has developed in
the measurement of ethylene evolution from plants as a sensitive indicator
of pollution stress. Further work has shown that oxidizing pollutants such
as ozone and chlorine gas act more effectively as ethylene generators than
do sulfur dioxide and other non-oxidizing pollutants. Research on ethylene
evolution will continue both from the standpoint of plant stress indicators
and the natural emission of photochemical oxidant precursors.
Non-criteria Pollutants - Decomposition in the soil is an essential biologi-
cal process in which dead organic matter is remineralized to plant nutrients.
It is becoming increasingly apparent that human activities are affecting
this important life support process. At least 12 toxic substances added at
27
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real world concentrations to soil microcosms were found to markedly decrease
the decomposition process and to Inhibit the reproductive capability of all
soil Invertebrates tested. The toxic substances Include cadmium, selenium,
cobalt, mercury, zinc, nickel, chromium, manganese, vanadium, lithium,
lanthanium and silver. Further, research to determine effects of various
concentrations and combinations of these substances and their relationship
to other natural variables 1s in progress.
A study was completed on the uptake and translocation of cadmium from
fertilizers by representative root, leaf and seed crops. While the trans-
port route was by fertilizer rather than air, the results showed that
cadmium uptake by radish, lettuce and peas grown on a coarse textured acid
soil was a linear function of the Cd concentration. The percentage of Cd
1n fertilizer recovered in the plants was 5.3, 9.0 and 2.0 for the radish,
lettuce and peas respectively. These uptakes may be of sufficient magnitude
to be of biological significance to consumer organisms.
Uptake of Cd in fertilizer was also linear from a calcareous silt
loam soil, but was much lower than from the acid sand. In these experiments,
percentages of Cd recovered 1n the plants were 0.6 in radish and 0.8 in
lettuce. Cd levels 1n peas grown on the calcareous soil were below the
detection limit of the analysis procedures used.
In energy related research, preliminary analysis of field experiments
1n southeastern Montana are revealing a rather broad spectrum of effects
(plant and animal) on the indigenous grassland ecosystem. It 1s too soon
to determine whether these measured effects are reversible or persistent.
The project 1s scheduled to continue through 1978.
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IV. STATUS OF STATE IMPLEMENTATION PLANS (SIPs)
INTRODUCTION
Under the Clean Air Act, states were required to submit SIPs to EPA
for approval in early 1972. Most of these SIPs were generally approved as
demonstrating attainment of the standards by mid-75. (Some SIPs demon-
strated attainment by mid-77 under the "two-year extension" provision,
and others were unapprovable thereby requiring EPA promulgation.)
During the period mid-72 to mid-75, major SIP revisions were submit-
ted infrequently; abatement activities concentrated on achieving compliance
with the original regulations. Major revision efforts were generally
restricted to (1) modifying S02 regulations which were more stringent than
required to attain standards, (2) promulgating regulations to correct spe-
cific deficient provisions (e.g., transoortation controls and control of
non-ferrous smelters), and (3) Federal promulgations resulting from court
decisions such as to prevent significant deterioration, review indirect
sources, etc.
Since the attainment date for National Ambient Air Quality Standards
(NAAQS) (May 31, 1975, for most states), EPA .and the states have been
engaged in an intensive effort to identify those areas not attaining stand-
ards and to ascertain the reasons for non-attainment. Preliminary assess-
ments of the areas not expected to attain were given 'in a previous report
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of this series. A major part of the effort to ascertain the reasons for
non-attainment was the effort to determine SIP "adequacy." Section 110(a)
(2)(H)(ii) of the Clean Air Act as amended requires that SIPs provide "for
revision, after public hearings, of such plan ... whenever the Administrator
finds on the basis of Information available to him that the plan is sub-
stantially Inadequate to achieve the national ambient air quality primary
or secondary standard which it implements" (emphasis added). On June 30, 1976,
EPA issued calls for revisions to SIPs which were substantially inadequate
to attain and maintain standards.
REVISIONS FOR ATTAINMENT/MAINTENANCE
Table IV-1 below summarizes EPA actions in calling for SIP revisions.
An air quality control region (AQCR) can fall into one of four different
categories: (1) Attaining NAAQS; (2) Non-attainment--SIP revisions needed
for attainment/maintenance; (3) Attainment--SIP revisions needed for main-
tenance only; (4) Non-attainment--on-going compliance work or further study
needed. The last category includes all those AQCRs where NAAQS were not
attained but where current SIP regulations should be adequate for attain-
ment once fully enforced. As can be seen from the table, total suspended
particulates (TSP) and 0 are causing the greatest problems nationwide.
/v
The problems associated with these two pollutants are discussed in some
detail below.
The pollutant-specific discussion below summarizes the findings of
EPA and the states in determining SIP "adequacy." The calls for revisions
i
on June 30, 1976, Identify, insofar as possible, the underlying causes
for non-attainment and the general type of regulations needed. In AQCRs
where calls for attainment and maintenance were issued the state will have
to revise the SIP to include, as needed to meet and maintain national
30
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standards, all achievable emission limitations by July 1, 1977. Any other
controls needed to meet and maintain national standards (which may include
transportation and land-use measures) must be submitted by the state by
July 1, 1978.
Table IV-1. NATIONAL ATTAINMENT/NON-ATTAINMENT
STATUS OF AQCRs AND STATE PORTIONS*
Status
Attainment
SIP Revisions Needed
for Attainment/Maintenance
SIP Revisions Needed
for Maintenance Only
TSP
124
78
11
so2
256
12
11
CO
233
41
2
°x
143
114
0
NO
• A
308
1
1
Non-Attainment--On-going
Compliance Work or Further
Study 100 34 37 56 3
Total 313 313 313 313 313
*The figure of 313 AQCRs and state portions of Interstate AQCRs is used
here rather than the figure of 247 AQCRs because some AQCRs overlap
state boundaries. Different state portions of the same AQCR could therefore
have a different attainment status.
Photochemical Qxidants
As can be seen in Table IV-1 over half of the AQCRs and state oortions
have not attained the ambient oxidant standard. The problems associated
with attaining the oxidant standard are the most difficult currently being
faced in the SIP process. The past year has been one of progress in EPA's
understanding and study of the problems. This will form the basis of future
control activities by EPA and state and local air pollution control agencies.
The widespread nature of oxidant violations is due, in part, to long-
range transport of oxidant and its precursors (nitrogen dioxide and organics)
Transport makes the control of oxidant more difficult in that violations of
31
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the standard in one area may be due to emissions in another. The control
of oxidants has also been complicated by recent evidence showing that all
non-methane hydrocarbons and many other organic compounds will react photo-
chemical ly if given sufficient time. This means that regulations which
required the substitution of less reactive compounds for the more highly
reactive ones will have to be reevaluated. Although such regulations pro-
vide oxidant reductions in the immediate area where they are implemented,
they may not be of great benefit over a wider region. In the future, sta-
tionary source regulations will need to focus on the reduction of all organic
emissions,not certain classes.
The revision of inadequate Ov SIPs will involve both stationary source
A
controls and land use/transportation controls. In the past, oxidant strategies
have tended to focus on metropolitan areas. The June 30, 1976, calls for new
oxidant strategies emphasized that controls will be needed in broader
metropolitan areas and in adjacent areas of high population density. In
some cases the strategies will involve statewide control of stationary
sources. The writing of regulations for stationary sources of organics is
a difficult task in that the technology involved is still relatively new
and many control agencies have not had to implement them before. EPA is
emphasizing the development of new control technologies in order to support
the regulation development effort by the states. The control of transporta-
tion related emissions will continue to be difficult. These controls more
directly affect the life style of citizens than any other air pollution con-
trol measure. Since the transportation measures control both oxidants and
CO, they are discussed later in this chapter.
As a result of studies and the analysis behind the June 30 calls for
revisions, it is clear that, with currently available control technology,
32
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the 0 standard will not be attained in many areas. In these areas the
A
SIPs will need to be further revised periodically to include additional
controls as technology improves and as new transportation and land-use
measures become available.
Total Suspended Particulates (TSP)
/
The air has become measurably cleaner since the Clean Air Act amend-
ment of 1970 and this is especially true for TSP. For the most part, the
concentration of particulates in the ambient air has been steadily decreasing
annually since 1970 through 1975. However, in several areas the air quality
concentrations had begun to level off at concentrations in excess of the
NAAQS and further evaluation of the problem was needed. During the past
year, EPA,has been evaluating these areas to determine what course of action
would be necessary. In many cases the TSP problem has been determined to
be one of merely the enforcement of existing regulations. Therefore, in a
number of non-attainment areas it is believed that full compliance with
existing requirements will provide the necessary reductions to attain the
NAAQS and no revision to the existing plan is needed. However, in a number
of other areas, it has been determined that the existing TSP plan is in-
adequate and that a plan revision will be necessary. In the recent call for
plan revisions by EPA, approximately one-third were for TSP (See Table IV-1 )
Basically, the existing plans address the problem of,and place their
major emphasis on, the control of conventional sources of TSP. In many non-
attainment areas the emphasis will continue to be stationary sources as
further control of these sources will provide significant reductions in air
quality levels.
33
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However, 1n other areas, control of less conventional sources will be
needed. When the Implementation plans were developed with their major
emphasis on stationary sources, emissions of fugitive dust from unpaved
roads, fields used for agricultural purposes, natural windblown dust, mine
tailings piles, resuspended dust from paved streets, and fugitive emissions
were not generally taken into account and programs and regulations to re-
duce dust from such sources were generally not included specifically in
the plans to control TSP. These sources of. dust have been known to exist
for some time, but no quantifiable estimates of the impact of such sources
on air quality were available at the time of the original implementation
plan development. Since that time, EPA and the states have become in-
creasingly aware that the attainment and maintenance of the particulate
standard may be adversely affected by both fugitive emissions and fugitive
dust emissions. Fugitive emissions are generated from industrial operations
and are released to the atmosphere through windows, doors, roof vents, etc.,
but not through the primary exhaust system. On the other hand, fugitive
dust emissions result from the force of the wind or man's activity on the
land. This latter category includes windblown particulate matter from crop
land, unpaved roads, and exposed areas at construction sites, as well as
particulate reentrained from streets by automobiles, action of the wind,
etc. Both types of emissions are very difficult to quantify and, as a
result, the relative magnitude of the problem is increased.
However, recently several studies have been conducted concerning
total suspended particulates and the results have indicated an ever In-
creasing impact due to fugitive emissions and fugitive dust emissions.
As a result, the Agency has Identified these emissions as significant
34
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sources of TSP which now must be addressed as part of the current revisions
to the original SIPs due to be submitted in July 1977 and July 1978.
Studies conducted 1n preparation of these plan revisions 1n non-attainment
areas are frequently Implicating resuspended road dust emissions as major
factors affecting non-attainment. Traditional stationary source control
has resulted 1n very significant improvements 1n air quality, but in addi-
tion to more stationary source control, the control of fugitive dust and
fugitive emissions 1s also generally necessary to provide for attainment
of national standards.
Other Pollutants
The number of SIP revisions needed for pollutants other than TSP and
0¥ is relatively minor. As Table IV-1 shows, the ambient standards for
/\
S0«, CO and NO are being attained In the majority of AQCRs and state
£ A
portions. For S02 there were 12 calls for attainment/maintenance revi-
sions and these calls generally recommended additional point source con-
trols. As discussed in Chapter II, S02 levels have generally been declining
due to fuel switching. However, due to the energy crisis, there has been
some switching back to high sulfur fuels. EPA has approved some 13 SIP
revisions during the past year in situations where S02 regulations could
be relaxed without endangering attainment of standards. There were calls
for CO revisions in 41 AQCRs and state portions. These calls will necessi-
tate further transportation controls. Finally, there was only one call to
revise a N02 plan for attainment. However, continued surveillance will be
necessary since expected stationary source growth may lead to future
maintenance problems.
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NEW SOURCE REVIEW
The control of pollutant emissions under the Clean Air Act can be
divided into two parts, the control of stationary sources and the control
of mobile sources. One of the major administrative control mechanisms
affecting stationary sources is that of new source review. It assists
states in the control of the location and amount of new pollutant emissions.
In this respect new source review serves the same purpose for stationary
sources as many transportation control measures provide for state control
of mobile source emissions.
New source review affects both new sources and modifications to
existing sources. It implements key sections of the Clean Air Act. They
include Section 110 which protects ambient air, Section 111 which establishes
new source performance standards, and Section 112 which establishes national
emission standards for hazardous air pollutants.
In reviewing the location of new or modified sources, new source
review safeguards ambient air standards. Such standards include the
National Ambient Air Quality Standards and ambient air increments estab-
lished to prevent significant deterioration of air quality. In this regard,
the direct air quality Impact of a source is at issue. Air quality assess-
ment plays a significant role. By analyzing meteorology, topography and
pollutant emission characteristics, air quality assessments predict the
added burden that an individual source will place on near, and in some
cases distant, air quality.
The air quality impact of a source is not directly at Issue 1n all
aspects of new source review. The use of new source review to implement
Sections 111 and 112 of the Act concerns technology standards. Technology
36
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standards have also been established under Section 110 of the Act in order
to protect ambient air standards. Currently, two programs affecting SIPs
(established pursuant to Section 110) require technological standards.
In the EPA promulgated regulations to prevent significant air quality
deterioration, the Administrator requires the application of "best avail-
able-control technology" to any new source or source modification in clean
air areas. The significant deterioration program applies only in those
areas with ambient air cleaner than the national standards. The most
stringent technology based standards apply to sources seeking to construct
in areas not meeting national ambient air standards. These were estab-
lished 1n a December 21, 1976, interpretive ruling.
That interpretive ruling addressed the issue of whether and to what
extent national air quality standards established under the Clean Air Act
may restrict or prohibit growth of major new or expanded stationary air
pollution sources. The ruling provides in general that a major new source
may locate in an area with air quality worse than a national standard only
1f stringent conditions can be met. These conditions are designed to
ensure that the new source's emissions will be controlled to the greatest
degree possible; that more than equivalent offsetting emission reductions
("emission offsets") will be obtained from existing sources; and that there
will be progress toward achievement of the standards.
In all but six SIPs, EPA has approved the state's own preconstruction
review regulation. The interpretive ruling will therefore be Implemented
largely by state and/or local reviewing authorities. Only in the six
states where EPA has been required to promulgate Its own preconstruction
review regulation in place of deficient state regulations will the
37
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provisions of the ruling be Implemented directly by EPA (through its
Regional Offices).
State Interest in Implementing other programs Involving new source
reviews has Increased. During 1976 one-half the states have been dele-
gated authority to Implement, through new source review, federal programs
for the Section 111 New Source Performance Standards. Most of the re-
maining half of the states are actively negotiating for authority. A
slightly lesser number of states have received or are negotiating for
delegated authority to implement the National Emission Standards for
Hazardous Air Pollutants under Section 112 of the Act. Only two states
have been delegated authority to carry out EPA's regulations to prevent
significant deterioration. Some 20 states are negotiating for or are
interested In seeking this authority, but in general most prefer to wait
for Congressional action before committing significant resources.
TRANSPORTATION CONTROL MEASURES
Despite the substantial emission reductions from stationary source
controls and the Federal new car emission control program, many areas need
further controls if the national ambient ^ir quality s'tandards for CO and
0 are to be attained and maintained. Recognizing this need, the Clean
A
Air Act Amendments of 1970 (Section 110(a)(2)(B)) specifically require the
use of transportation control measures where necessary. These measures
Include both transportation control strategies, such as Inspection/
maintenance (see below), transit Improvements, employer Incentives,
traffic management/restraint, and parking management/restrictions, and
stationary source control measures such as vapor controls for gasoline
marketing.
38
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Although no entire transportation control plan has been implemented
to date, many metropolitan areas have made good faith efforts to adopt and
Implement transportation control measures. However, there have been a
number of problems from the start. First, information on the effectiveness,
cost, and implementability of transportation options in 1973 was limited.
The extremely tight court-imposed time constraints did not allow for the
investigation of social and economic effects on a case-by-case basis.
Litigation also has hampered implementation of transportation control
measures. When required by court decision to develop transportation plans
for many states in 1973, EPA promulgated regulations requiring state and
local agencies to abate transportation-related pollution. Several states
tested the legality of this approach in the Federal Courts. This issue is
now pending before the Supreme Court (see Chapter X).
Prior to the recent judicial decisions concerning EPA's enforcement
authority, EPA had Issued notices of violation under Section 113 of the Act
to several state and local governments, particularly for the failure to im-
plement periodic emission inspection programs for in-use vehicles. Where
effective legal action has been possible to enforce such measures, the Agency
has pursued it vigorously. In New York City, for example, EPA has pursued
legal actions and enforcement negotiations on a broad array of transpor-
tation control measures. Similarly, the Agency has recently filed suit
against the State of Ohio to require the state to comply with its obliga-
tions in connection with the Cincinnati vehicle inspection and maintenance
program.
Despite the problems hindering the implementation of transportation
control plans, progress has been made in implementing individual transpor-
tation control measures. For example, motor vehicle emission inspection
39
98-238 0-17-4
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and maintenance programs are being Implemented 1n New Jersey, Phoenix-
Tucson, Portland (Oregon), Cincinnati, Chicago, and Riverside, California.
Five California cities as well as Portland, Oregon, and Seattle, Washington,
are developing parking management plans. Several cities, such as
Philadelphia, Washington, D.C., Los Angeles, and San Francisco have Inaugu-
rated new bus lanes or priority bus/carpool lanes to provide better mass
transit service, while other cities, such as Newark and Seattle, are
instituting "parking freeze areas" to discourage the use of automobiles in
center city areas. Still other cities, such as San Diego, are well ad-
vanced toward full implementation of gasoline recovery regulations. In
areas where employer mass transit incentive regulations are in effect,
numerous large industries have submitted information describing the
companies' plans for reducing single occupancy auto commuter trips by
their employees.
In 1973 when transportation control strategies were first promulgated,
EPA was the only Federal agency requiring such plans. Recently, however,
other Federal agencies have promulgated regulations requiring the implemen-
tation of transportation control measures for reasons other than air pollu-
tion abatement (see Chapter V).
As mentioned above, EPA called upon states in July 1976 to revise
their state Implementation plans to ensure attainment and maintenance of
air quality standards. Although the Agency is relying on the states to
submit revised Implementation plans, during 1976 the Agency revoked gaso-
line rationing regulations from five affected SIPs, proposed to amend
Stage II vapor recovery regulations, and, In response to a 5th Circuit
40
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Court decision, proposed amendments to the Texas SIP. The revocation
action was taken only because of the extraordinarily disruptive nature of
the gasoline rationing regulations and because both Houses of Congress
had expressed their desire that such regulations not be implemented.
Inspection/Maintenance
Motor vehicle inspection and maintenance (I/M) is a program of
periodic vehicle exhaust inspection designed to identify those vehicles
with excessive emissions. Vehicles so identified are required to be
repaired before the vehicle registration can be renewed.
In the past, the importance of I/M has not been fully recognized.
Recent testing by the Agency, discussed in Chapter VII. has shown that a
significant number of 1n-use vehicles are failing to meet the required
emission standards due to improper or inadequate maintenance. It there-
fore appears that I/M will be necessary if the full potential of the
Federal motor vehicle control program is to be realized. The Agency is
currently revising its technical documents to reflect the increased emis-
sion reduction potential of I/M.
The responsibility for establishing and operating I/M programs rests
primarily with state and local governments. At the present time, I/M is
required by State Implementation Plans (SIPs) for 27 major metropolitan areas.
6 of which already have I/M programs in various stages of implementation:
Portland, Oregon; Cincinnati, Ohio; the State of New Jersey; Chicago, Illinois;
Riverside, California; and Phoenix-Tucson, Arizona. The State of Rhode Island
recently passed legislation for implementing I/M, while the legislatures of
Massachusetts, Connecticut, Nevada, Minnesota, and Missouri are also expected
to consider I/M legislation during the 1977 session.
41
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Several notable successes have been scored by I/M programs to date.
The New Jersey I/M program has stabilized and significant air quality
benefits have been noted. Increased participation by private enterprise
1n the management and operation of I/M programs, as typified by the
Arizona program design, promises to minimize demands upon state resources
and manpower.
Despite these successes, much remains to be done to ensure the
effectiveness and acceptability of I/M. In order to guarantee that a new
car meets emission standards, the Agency 1s evaluating the problems posed
by Section 209 of the Clean Air Act which, among other things, prohibits
the states from requiring Inspection of new vehicles as a condition for
•
initial sale, titling, or registration of a new vehicle. The Agency also
1s making significant progress in implementing Section 207(b) of the Act,
whose warranty provisions can be used to require the auto manufacturers,
not the consumer, to pay for any repair work necessary to correct a
vehicle which fails an I/M test.
Indirect Source Review
Indirect Source Review (ISR) 1s a regulation requiring SIPs to set
forth legally enforceable procedures to enable the state or a local agency
to determine whether the construction or modification of a facility will
result in violations of the control strategy or will Interfere with attain-
ment of a standard. "Indirect sources" are facilities which do not emit
air pollutants themselves, but which Induce or attract significant motor
vehicle traffic (e.g., highways, parking facilities and airports).
42
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The controversial nature of this regulation and the Parking Management
Program, however, led Congress to deny EPA funds to administer any program
to limit or regulate parking facilities. On July 3, 1975, EPA indefinitely
suspended its indirect source regulation until further clarification from
Congress.
Although the Federal regulation is not being implemented at this time,
certain state regulations requiring ISR have been promulgated and are being
implemented. To date, 16 states, 2 territories, and 2 local areas have
enacted ISR regulations; of these, 10 states and 1 locality are currently
implementing indirect source review. It is worth noting that, with the
exception of two projects, all facilities reviewed by the states as indirect
sources have been approved as planned or approved subject to certain con-
ditions. The conditions, if any, typically modify the pattern of entrance
and exits to facilitate traffic flow. No airport reviews have been completed
to date, although two projects are now underway.
The Agency has made progress in providing the technical procedures for
adequate review of Indirect sources. Procedures for carbon monoxide (CO)
analysis have been revised; a methodology for the review of photochemical
oxidants will soon be available. The latter is especially relevant to
assessments of major highways and airports.
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V. INTERGOVERNMENTAL RELATIONS
FEDERAL SUPPORT OF STATE AND LOCAL PROGRAMS
Status of State. Interstate and Local Pollution Control Agencies Funding
The EPA administers and coordinates the Federal environmental programs
with state and local levels of government to assure the most effective
partnership arrangement for the solution of common environmental
problems. As part of the Federal, state and local government sharing of
responsibility, the Federal government provides support through assignment
of personnel, special contractual arrangements and grants. The Clean Air
Act of 1970, as amended, places emphasis on the use of this support for
those programs most responsible for ensuring the effectiveness of the State
Implementation Plans (SIPs) for achieving the National Ambient Air Quality
Standards (NAAQS).
In 1976, 55 state and territorial agencies and 235 local agencies,
working in coordination with the states, expended approximately $157
million and 7100 man-years to carry out the major portions of the regula-
tory and enforcement aspects of the national air pollution control effort.
Tables V-l and V-2 illustrate the extent of Federal support to state and
local agencies by organizational location of the agency within the state
and local governmental structures and by jurisdictional areas served by
these agencies.
44
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Table V-l. ORGANIZATIONAL LOCATION OF STATE AND LOCAL
CONTROL AGENCIES RECEIVING FEDERAL FUNDS
in
Principal
Organizational
Type
Environmental
Health
Air Pollution
Natural Resources
Other
Total
Total
43
132
94
7
15
291
1975
No. receiving
Federal funds
State Local
22 13
17 87 .
6 52
7
2 10
54 162
No. operating
without
Federal funds
8
28
36
-
3
75
Total
46
120
99
8
17
290
1976
No. receiving
Federal funds
State Local
22 16
15 74
7 54
8
1 8
53 152
No. operating
without
Federal funds
8
31
38
-
8
85
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Table V-2. DISTRIBUTION OF FUNDS BY JURISDICTTONAL AREAS OF
STATE AND LOCAL CONTROL AGENCIES^/
{Estimated 1975 and 1976 Expenditures)
(Dollars in Thousands)
Jurisdictional
Category
Cities
Counties-/
Multi -county
Subtotal Local
Subtotal State
Total
Number of
Agencies
44
SI
27
162
54
216
1975
Federal $
$ 5,900
10,400
3,100
19,400
33,200
$52,600
Expenditures
State/
Local $
$13,500
20,900
9,000
43,400
47,800
$91,200
Total
Local
$19,400
31 ,300
12,100
62,800
State*/
81,000
$143,800
Number-/
Agencies
44
79
29
152
53
205
1976
Federal $
$ 5,800
8,400
6,700
20,900
34,400
$55,300
Expenditures
State/
Local $
$15,600
12,200
18,300
46,100
48,600
$94,700
Total^-/
$ 21,400
20,600
25.000
67,000
83,000
$150,000
0>
Total number of agencies receiving Federal monies for air pollution control work either directly or by designa-
tion in grant to state agency. Direct grants approximate 182 for 1975, 169 for 1976. Monies include assignees,
contractual support and grants.
Twelve cities now receive funds through the Federal grant made to state, 17 county agencies receive money through
Federal grant made to state, 7 regional agencies receive money through Federal grant made to state. Formation of
a* muHicounty agency from four county agencies in California accounts for $9,200,000 increase in state/local
funds for multi-county agencies and the decrease for county agencies.
In 1976 the 85 agencies that did not receive Federal funds directly cr on an indirect stipulation in Federal o~»nts
to spaces contributed approximateiy :7,000,000 to air pollution cor.trol activities, .naklng the tcta, estimated "'
expenditures aoDroximately $157,000.000 'or "976.
- Includes agencies that are combination city-ccunty agencies, county agencies that service large metropolitan
areas, and city agencies serving more than one county. Many county agencies cover a large met ropolitan area;
ror example, V.'ayne County, Michigan (Detroit); Allegheny County, Pennsylvania (Pittsburgh).
2/
-States Include District of Columbia, Puerto Rico, Virgin Islands and Guam. American Samoa did not receive crant
funds in 1975; American Samoa and Ohio did not receive arant funds in 1976.
-------
The figures show a relatively unchanged level of total expenditures
and a small change 1n the relative funding and expenditure of monies by the
various levels of government. At the same time, EPA has expanded and
revised Its programs: (1) to assure that SIPs provide for the attainment
and maintenance of the NAAQS as expedltlously as practicable and (2) to
provide for the prevention of significant deterioration of the air.
In attempting to satisfy the above air quality goals, EPA's programs
to aid the Implementation and promote the delegation of authority to
the state and local governments for new source review have received
Increased attention. Similarly, the federally administered review
programs for national emission standards for hazardous air pollutants
(NESHAPS), new source performance standards (NSPS), prevention of signifi-
cant deterioration (PSD) and indirect source review (ISR) have received
Increased attention. Increasingly, states and substate units have
requested delegation of authority to administer their review programs.
(Chapter IV of this report Includes a more detailed description of
ongoing air quality management efforts.)
Increasingly, in order to develop workable control strategies to meet
promulgated air quality goals, Federal and state control efforts have
sought essential coordination and input from regional and local air
pollution control agencies, state and local planning agencies, transporta-
tion agencies and councils of governments.
47
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Federal Financial Assistance to A1r Pollution Control Agencies
In 1976 EPA provided financial assistance to 53 state agencies (all
except Ohio and American Samoa) and 116 local agencies. In addition, 36
local agencies received Federal monies through specified provisions of
state grants or special contractual assistance. The total expenditures of
these 205 agencies represented approximately 96 percent of all expenditures
for the 290 agencies having some air pollution control responsibilities.
The support provided to the agencies was in the form of grants for plan-
ning, developing, establishing, improving or maintaining control programs.
This support also included special contractual assistance and demonstration
grants to assist the agencies 1n meeting requirements imposed for the
preparation, submittal, and revision of their SIPs and for technical
aspects of the enforcement and revisions associated with the regulatory
and monitoring provisions of the local control strategies.
Resources of State and Local Air Pollution Control Agencies
Total expenditures (Federal, state, local) for the support of air
pollution have grown from $13 million in Fiscal Year 1965 (FY 65) to an
estimated $157 million (including agencies not receiving any Federal
support) in FY 76. The growth rate in FY 76 was approximately five
percent over the FY 75 level.
The increase in the number of employees of state and local control
agencies is an indicator of the nation's growing commitment to controlling
air pollution. Table V-3 shows that control agency staff has almost
48
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Table V-3.1 ESTIMATED MAN-YEARS OF EFFORT EMPLOYED BY
STATE AND LOCAL AIR POLLUTION CONTROL AGENCIES3
-4
F;1sca1
year
1969
1971
1973
1971 .
1975
1976C
State
Positions
1000
1540
2930
3970
4030
4210
Man-
years
920b
1420b
2770
3490
3500
3770
Local
Positions
1840
2630
3270
3270
4010
41 7d
Man-
years
1660b
2370b
2870
3000
3300
3340
Total state/local
Positions
2840b
4170b
6200
7240
8030
8380
Man-
years
2580
3790
5640
6490
6800
7110
aAll figures involve estimating full- and part-time positions either from
manpower surveys or budgets provided 1n grant awards.
Estimated from position information using verified man-year/posit1on ratios
from 1973 and 1974.
C1976 estimates based on preliminary Information.
49
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tripled in the last six years. The 1976 on-board positions represent
approximately 7110 equivalent full-time man-years of effort.
Resources Increased by approximately 300 man-years and $6.2 million
between June, 1975 and July, 1976. The state and local fund Increase of
approximately four percent ($3.5 million) over the FY 75 level did not keep
pace with expected Increases. Federal support to these agencies Increased
by approximately five percent ($2.7 million).
The focus of Federal support to state and local control agencies has
been on the Implementation of SIPs and their coordination with other
national goals, such as energy conservation. In FY 76 control agencies
gave the highest priority to the enforcement actions necessary for
attaining total suspended particulate and sulfur dioxide NAAQS, improvements
of monitoring networks required for continual assessment of pollutant
concentrations, and long-term attainment and maintenance of the NAAQS.
The estimated percentage of resources committed to various aspects
of these national efforts to attain and maintain the standards is shown
in Table V-4.
50
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Table V-4. ESTIMATED DISTRIBUTION OF RESOURCES DEVOTED TO
AIR POLLUTION CONTROL ACTIVITIES OF NATIONAL PRIORITY
BY STATE AND LOCAL CONTROL AGENCIES!/ IN FY75-76
Activity
Estimated percentage of resources
FY75 FY76 (Prelim.)
Compliance with State Implementa-
tion Plan Regulations
Development and Implementation
of Revisions to and Completion
of SIPs
Transportation Control Plans and
Mobile Source Inspection and
Investigation
Ambient Air Quality Monitoring
Network Operation and Com-
pletion
Supportive Activities (Management
data and policy review, environ
mental Impact statements,
training, etc.)
44
6
18
25
40
8
22
23
-Estimates are based on a total estimated expenditure of $143 million
for FY75 and $150 million for FY76.
51
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Federal Assistance In Training Air Pollution Manpower
To assist and Improve state and local governmental air pollution con-
trol agencies'(as well as the private sector) technical and administrative
performances Delated to air quality management, EPA conducts short-term
technical training courses and workshops at numerous selected regional
locations. During calendar year 1976, 25 different courses were presented
with a total of 59 course presentations. Of these, 20 were held at EPA's
Research Triangle Park, North Carolina, facility and 30 were held at
various locations across the U.S. Four workshops were also presented on
special topics of emerging Interest. A total of 1,297 students partici-
pated in 5,725 student days of training 1n the short-course presentations
and workshops. In addition to these formal courses, 166 students were
awarded certificates for completion of Self-Instructional Courses made
available by EPA. The students attending the short-term technical courses
represented a variety of government agencies and private entities, as
Indicated by Table V-5.
EPA provides funds for university training for employees of state and
local governmental air pollution control agencies and others through pro-
grams of graduate level fellowship awards and grants to universities.
During 1976, EPA provided fellowships for 106 control agency employees for
part-time studies, for 35 control agency employees for full-time studies,
and for 18 other individuals for full-time studies. Recipients of the
training benefits came from 25 state and 24 local agencies. Graduate level
training grants to 9 universities provided support for 68 students and
provided modest support to the universities in their programs of teaching
in the air pollution field. Grants were made to three universities for
52
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Table V-5. ATTENDANCE AT SHORT-TERM TECHNICAL COURSES
Employer Number of students
EPA 442
Other Federal agencies 63
State governments 381
Local governments 195
Consulting firms 26
Industry 142
All other 48
Total 1,297
support of special programs involving training of automobile mechanics as
related to emission control* training of environmental program managers,.
and summer internships for students interested in air pollution control.
Federal Assistance in the Utilization of Technical Literature
EPA provides assistance to state and local governmental air pollution
control agencies (as well as commercial enterprises, universities and
others) in their use of information contained in published literature.
Thousands of items related to air pollution and its control are published
each year. EPA supports the operation of literature storage, indexing and
retrieval systems; distributes lists of publications; furnishes copies of
its own publications, and publishes special topic bibliographic compila-
tions to facilitate the utilization of published literature. In 1976,
many computerized searches were provided to interested parties and thou-
sands of copies of publications were distributed to members of the public
in an effort to ensure that programs and decisions were benefited by the
availability of relevant published information.
53
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INTERAGENCY COOPERATION
The continued evolution 1n scope and sophistication of State (air
quality) Implementation Plans In order to address the NAAQS attainment and
maintenance goals has highlighted the need for Increased Interagency
cooperation. Closer coordination of EPA's land use, transportation, and
energy-related programs with the regulations and programs of other Federal
agencies should serve to reduce certain administrative burdens while
ensuring the most expeditious Implementation of needed control strategies.
The Agency has and Is currently focusing attention toward the following
areas.
Department of Transportation's (DOT) Transportation Improvement Program
Regulation
On September 17, 1975, DOT Issued the Transportation Improvement
Program regulations which govern the planning and programming of all urban .
transportation Improvements administered by both the Federal Highway
Administration (FHWA) and the Urban Mass Transportation Administration (UMTA)
From EPA's viewpoint the most significant aspect of the DOT regulation
1s the requirement for the annual preparation of a Transportation System
Management (TSM) element. The TSM plan 1s designed to meet short-term
transportation needs and thus emphasizes making efficient use of existing
facilities. The emphasis on short-range measures 1s consistent with EPA's
need to achieve the air quality standards as expeditiously as practicable.
TSM measures Identified by DOT Include: traffic flow Improvements, pre-
ferential transit treatment, bike and pedestrian facilities, parking
management, work schedule changes, pricing policies, carpoollng programs,
auto-free zones, park-ride bus service, express bus service, etc. In
54
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summary, TSM employs a variety of locally conceived operating, regulatory
and pricing policies to bring about a more rational organization of the
public transportation system and a better balanced use of the private auto.
Many of these kinds of measures are currently required by SIP transportation
control plans making obvious the importance of TSM measures to EPA.
Despite these similar federal requirements EPA 1s the only federal
agency to require both the planning and implementation of comprehensive
strategies of transit Improvement and auto restraints. Basic differences
do exist between DOT and EPA:
1. While DOT only requires approval of the process leading to the
plan, EPA actually approves the plan;
2. DOT does not prescribe specific objectives, but rather requires
that transportation plans meet broad criteria of efficiency and cost-
effectiveness, while EPA requires the plan to achieve a single objective
(attainment of the NAAQS);
3. DOT does not impose rigid deadlines for implementing certain mea-
sures, while EPA requires the plan to achieve the objective by a deadline.
Consideration should be given to linking more tightly the similar
transportation programs of DOT, EPA, and FEA. If the air quality standards
are to be achieved 1n expeditious fashion, DOT and EPA should first require
adequate evaluation of alternative strategies and, second, incremental
progress in the implementation of those strategies determined to be reason-
able. For example, greater flexibility could exist to reward, by
increasing the Federal funding share, a locality willing to Initiate pro-
grams (e.g., a transportation control plan) to achieve national objectives
(e.g., the air quality standards).
55
8-238 O -77 - 5
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EPA 1s currently working on development of procedural guidelines to
coordinate the Agency's transportation requirements with those of DOT.
Such guidelines should result in selection of program elements that better
meet the objectives of both agencies. For example, DOT could receive wider
agency and citizen support for TSM plans if such plans are based on a pro-
cess that explicitly considers air quality objectives. EPA's regulatory
authority and sanctions could better ensure that TSM measures are programmed
and implemented. EPA would receive transportation Improvement plans that
have been locally generated and adopted by the responsible decision-makers;
in many cases these measures could replace EPA promulgations. Parallel
Federal requirements could also be streamlined and made more efficient,
resulting in one integrated process and product. Ideally, EPA and DOT
process requirements should be integrated.
FHWA 109(j) Consistency Determination Requirement
The 1970 Federal-Air Highway Act added Section 109(j) to Title 23 of
the United States Code, directing DOT to develop and promulgate guidelines
to ensure that highways constructed with Federal funds are consistent with
SIPs for achieving the air quality standards. The FHWA Regional Admini-
strator, after consultation with the EPA Regional Administrator, is re-
sponsible for making the annual consistency determination.
56
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The 109(j) consistency requirement serves to formally coordinate on an
annual basis FHWA's highway and EPA's transportation control planning pro-
cesses. Consistency determinations between proposed highway and transporta-
tion control plans are made for future years depending on the severity of
the existing and future air pollution problems. Hence, a mechanism is
established that explicitly links highway and air quality objectives.
Energy Policy and Conservation Act. Public Law 94-163 (EPCA)
In response to Section 362, State Energy Conservation Plans of EPCA,
Federal Energy Administration recently promulgated regulations which pro-
vide guidelines for the states to use in preparing these plans. Since this
element of the conservation plans is so closely related to EPA's transpor-
tation control measures, the Agency has supplied FEA with detailed comments
and suggestions during all stages of the promulgation of these regulations.
The Agency will be further coordinating with FEA through the EPA Regional
Offices. These offices will be providing information and guidance to the
States regarding the planning and Implementation of those aspects of the
Conservation Plan which overlap the SIP transportation control measures.
Those states choosing to develop an energy plan are required to include
programs to promote carpools, vanpools, and public transportation. Further-
more, these plans may include transportation controls which are defined as
"Incentives, disincentives, restrictions and requirements designed to re-
duce the amount of energy consumed in transportation."
Incentives to Develop Underground Coal Mines
EPCA, in Section 102, establishes a Federal loan guarantee program to
stimulate the production of low-sulfur coal from underground mines. FEA is
57
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designated to administer the program. Applicants for loan guarantees must,
as one requirement, have established a contract with a coal consumer who
can, as certified to by EPA, burn the coal 1n compliance with all applicable
requirements of the Clean A1r Act and any Implementation plans. EPA is
coordinating closely with FEA to establish appropriate procedures for
handling this requirement.
Energy Supply and Environmental Coordination Act, Public Law 93-319
This law requires, among other things, that FEA prohibit certain major
fuel-burning plants from using oil or natural gas as a primary fuel. The
law also requires that EPA ensure that public health 1s protected and inform
FEA of the earliest date by which the plants receiving the prohibitions from
FEA can comply with applicable air pollution control requirements while
burning coal. EPA has worked closely with FEA from the time this program
began. To date, FEA has Issued prohibition orders to 74 generating units
at 32 plants and 1s planning to act, early 1n 1977, on some subset of another
229 plants now under consideration.
Coordination on Other Energy Matters
Excellent continuing data exchange is carried out with the Federal
Power Commission on matters affecting utilities. Through such exchange of
information, computer programs have been developed which identify for each
plant the applicable air pollution control regulations, the use and environ-
mental quality of fuel, and the plans for the future. These programs have
permitted the analysis of a number of energy/environmental problems, e.g.,
the environmental impact of natural gas curtailments over the next five
years.
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Staff-level coordination with the Bureau of Mines has been established
to work toward a better understanding of the relationships between environ-
mental requirements and coal reserves. For example, since many of the S02
regulations Hm1t emissions In #S02/10 Btu, the Bureau has been asked to
express reserve data 1n similar units.
Department of Housing and Urban Development
An Interagency agreement has been signed with the Department of
Housing and Urban Development. The agreement deals with coordination
between air quality planning and the Comprehensive Planning Assistance
Program (701) and parallels a similar agreement signed between HUD and
EPA's water quality planning office. A major purpose of the agreement
Is to ensure that any land use policies and control strategies undertaken
for air quality Improvement are developed and Implemented within a broader
framework of comprehensive planning and management and To ensure that
comprehensive planning and management reflects the constraints of the Clean
•"Air"Act in attaining and maintaining standards and 1n preventing significant
"deterioration of air quality.
Coastal Zone Management
The Agency 1s 1n the process of developing integrated guidelines for
coordination with and review of coastal zone management (CZM) programs.
These are Important because of the potential Impact of coastal development
decisions on air quality and because of the requirements under the CZM
Act for Federal consistency with completed CZM plans. These guidelines
should be completed early in 1977.
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Intra-agency Coordination
As part of a policy to encourage a more comprehensive approach to air
quality planning, EPA has been developing guidelines for coordination with
other long-range planning efforts. Within the agency itself, guidelines
for coordinating air quality planning with water quality planning were
developed during 1975 and were updated in 1976. The guidance also addressed
the funding of eligible air quality items in assessing the air quality
impacts of 208 plans.
INTERNATIONAL COLLABORATION IN CONTROL OF AIR POLLUTION
EPA Contributions to International Organizations
Air pollution control has remained an important focus of the environ-
mental programs of international organizations. Following is a summary of
programs with which EPA is involved.
The Final Act of the Conference on Security and Cooperation in Europe,
signed by President Ford in 1975, called for cooperation in the field of
monitoring and evaluation of the long-range transport of air pollutants.
Initial technical consultations, under the auspices of the UN Economic
Commission for Europe (ECE), have established the groundwork for a sulfur
dioxide (S02) emission survey for East and West Europe and drafted a plan
for the first phase of a regional monitoring program. At the same time,
the A1r Management Group of the Organization for Economic Cooperation and
Development (OECD) Environment Committee has been analyzing available con-
trol strategies to reduce emissions and consequently acid rain.
In 1976 OECD concluded an International examination of photochemical
oxldants and their precursors 1n the atmosphere. The study concluded that
the relationship between nitrogen oxides (N0y) and hydrocarbons (HC) and
rt
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oxidant (0 ) formation 1s more complicated than previously anticipated and
rt
warrants further OECD inquiry. An International Conference on Photochemical
Oxidant Pollution and its Control, co-sponsored by OECD and EPA in September
1976,provided a forum for scientists and government administrators to dis-
cuss the controversial Issues of achievabillty of standards, the role of
precursors and the significance of transport.
With the assistance of U.S Government health effects experts, the
World Health Organization (WHQJ has developed criteria which will be uti-
lized internationally for sulfur oxides, particulates, nitrogen
oxides and photochemical oxidants. Serving as the WHO Collaborating
Center for Air Pollution Control and now as the WHO Collaborating Center
for Environmental Pollution Control, EPA has prepared for international
distribution manuals of methods for measuring selected air pollutants and
guidelines for monitoring of air quality in urban and industrial areas.
EPA has provided data processing and analysis for the WHO Air Pollution
Network and, in conjunction with NOAA, the Atmospheric Turbidity and
Precipitation Chemistry Networks of the World Meteorological Organization
(WHO). EPA experts have also continued to train foreign technicians in
measurement, monitoring and analysis techniques on behalf of WHO and WHO.
For one United Nations Environment Program (UNEP), scientists from
EPA have provided technical guidance in the design and implementation of
the Global Environmental Monitoring System.
At the October NATO/CCMS*Plenary meeting, the U.S. presented the
second follow-up report to the CCMS Air Pollution Study. The report
indicated that NATO countries are making progress in ambient monitoring
and that air quality trends show a decrease in air pollution levels. The
NATO Committee on the Challenges of Modern Society
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current CCMS Air Pollution Assessment Methodology and Modeling Study has
Inventoried air quality dispersion models in use in NATO countries and 1s
developing standardized models and data specifications.
Via international organizations such as ECE's Group of Rapporteurs on
A1r Pollution and the International Standards Organization (ISO), EPA has
been working to ensure comparability and potential standardization between
emissions sampling and measurement methods used in the U. S. and those of
other countries.
The International Civil Aeronautics Organization (ICAO) has developed
the framework for an international emission standard for large subsonic
gas turbine aircraft.
Transboundary Air Pollution Surveillance and Control - Canada and Mexico
EPA cooperates with Its contiguous neighbors to the north and south
1n monitoring air pollution, conducting research into control strategy
mechanisms, and 1n negotiating specific control devices and procedures for
Individual industrial sources of pollution. This activity is much greater
along the Canadian border, where industrial sources of pollution are much
more numerous, than in the U.S.-Mexico frontier area.
Under the International Joint Commission, whose function it is to
help resolve potentially contentious issues between the United States and
Canada, an A1r Advisory Board has been established to monitor air pollu-
tion along the border between the two countries and to make recommendations
for pollution abatement. In addition, a special Ontario-Michigan Air
Board has been set up to cope with the especially troublesome problems in
the Detroit-Windsor area.
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Recognizing the need for better air pollution surveillance along the
U.S.-Mexican border, representatives of the two countries met several times
during 1976 in order to plan air monitoring activities. Several monitoring
points are being established.
Bilateral Research and Development Activities
Air pollution projects under the U.S.-USSR Environmental Agreement
Include A1r Pollution Modeling, Instrumentation and Measurement, Methodology,
Process Improvements and Modification, Ferrous Metallurgy Technology,
Gaseous Emission Abatement, Particulate Abatement, and Mobile Source Control.
Research work is being carried on to develop industrial processes which will
produce less air pollution: desulfurization and demetallization of fuel
oils, dry quenching of coke, and flotation desulfurization of coal. A pro-
ject on the Effects of Atmospheric Pollution on Climate is headed by the
National Oceanic and Atmospheric Administration.
Under the U.S.-Japan environmental program there are two active pro-
jects, Photochemical Air Pollution and A1r Pollution Related Meteorology.
One project in air pollution monitoring is being carried on under the
U.S.-Spain Science and Technology Agreement, and discussions are being
held under the U.S.-Federal Republic of Germany Agreement on the develop-
ment of joint projects on flue gas desulfurization and air quality plan-
ning and maintenance.
Cooperative research with other countries 1s also conducted under the
EPA Scientific Activities Overseas program (SAO), funded from excess
foreign currencies accruing to the U.S. through sales of U.S. farm pro-
ducts under the Agricultural Trade Development and Assistance Act of 1954,
as amended (PL 480). Cooperative air pollution research projects currently
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are being carried out 1n two excess currency countries, namely Poland and
Yugoslavia. The projects encompass practically all environmental aspects
of air pollution, Including Identification of specific pollutants and
their Impact on human health, development of control technologies, and
Implementation of systems and procedures to monitor ambient conditions.
For example,EPA and Polish scientists are studying glaciers in several
parts of the world to determine whether they can serve as a historical
"pollution Index." These scientists are analyzing the contents of ice,
especially for heavy metal and radioactive pollutants, to learn about the
long-range transport of pollutants and to predict future trends in the
biosphere.
Other studies 1n Poland are concerned with the effects of Industrial
emissions on tree growth and the development of control equipment for
copper smelters to Improve the efficiency of sulfur dioxide removal systems,
In Yugoslavia studies are utilizing existing technologies and devel-
oping new technology for high tempearature gas cleaning 1n the smelter
industry. These studies are directed toward reductions of capital Invest-
ment and power supply costs and Increased emission control efficiency.
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VI. CONTROL OF STATIONARY SOURCES
NEW SOURCE PERFORMANCE STANDARDS
The Clean Air Act requires EPA to establish national standards of per-
formance for certain new and modified stationary pollution sources. These
standards, the Act says, must reflect a "degree of limitation achievable
through the application of the best system of emission reduction which
(taking into account the cost of achieving such reduction) the Administrator
determines has been adequately demonstrated." According to the Act, these
standards are to be set for those types of pollution sources which EPA
determines "may contribute significantly to air pollution which causes or
contributes to the endangerment of public health or welfare."
During 1976, standards of performance were promulgated for the following
categories of stationary sources under Section 111 of the Clean Air Act:
1. Primary Copper Smelters -- Standards were promulgated on January 15,
1976, and limit emissions of particulate matter from dryers to 50 mg/dscm
(0.022 gr/dscf). In addition, the opacity of these emissions is limited
to 20 percent. Emissions of sulfur dioxide from roasters, smelting furnaces,
and copper converters are limited to 0,065 percent by volume (650 ppm)
averaged over a six-hour period. Where a sulfuric acid plant is used to
comply with this standard, the opacity of the gases discharged into the
atmosphere is limited to 20 percent. Presently, there are fifteen copper
smelters in the United States. Copper consumption is expected to grow
through 1980 at 3.2 percent compounded annually, requiring an increase in
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smelter production from the 1,500,000 ton rate In 1971 to approximately
2,000,000 tons in 1980. After promulgation of the standards, ASARCO,
Newmont Mining Corporation, Magma Copper Company, Kennecott Copper Corporation,
and the Natural Resources Defense Council filed suit in the U.S. Court of
Appeals for the District of Columbia Circuit. The suit is still pending.
2. Primary Zinc Smelters ~ Standards were promulgated on January 15,
1976, and limit emissions of particulate matter from sintering machines to
50 mg/dscm (0.022 gr/dscf). The opacity of these emissions is limited to
20 percent. Emissions of S02 from roasters and from any sintering machine
which eliminates more than 10 percent of the sulfur initially contained in
the zinc sulfide concentrates processed are limited to 0.065 percent by
volume (650 ppm) averaged over a two-hour period. Where a sulfuric acid
plant is used to comply with this standard, the opacity of the gases dis-
charged into the atmosphere is limited to 20 percent. In mid-1973, there
were eight existing primary zinc smelters in the United States. The copper
smelter litigation applies to the zinc smelter standards also.
3, Primary Lead Smelters — Standards were promulgated on January 15,
1976, and limit emissions of particulate matter from blast furnaces, dross
reverberatory furnaces, and sintering machine discharge ends to 50 mg/dscm
(0.022 gr/dscf). The opacity of these emissions is limited to 20 percent.
Emissions of S02 from sintering machines, electric smelting furnaces, and
converters are limited to 0.065 percent by volume (650 ppm) averaged over a
two-hour period. Where a sulfuric acid plant is used to comply with this
standard, the opacity of the gases discharged into the atmosphere is limited
to 20 percent. There are six primary lead smelters in the United States
with little growth expected. The copper smelter litigation applies to the
lead smelter standards also.
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4. Coal Preparation Plants — Standards were promulgated on January 15,
1976, and limit particulate matter emissions from coal preparation and
handling facilities processing more than 200 tons/day of bituminous coal as
follows: (1) emissions from thermal dryers may not exceed 0.070 g/dscm
(0.031 gr/dscf) and 20% opacity, (2) emissions from pneumatic coal cleaning
equipment may not exceed 0.040 g/dscm (0.018 gr/dscf) and 10% opacity, and
(3) emissions from coal handling and storage equipment may not exceed 20%
opacity. Long-term forecasts indicate a rise in cleaned coal requirements
from 323 million tons in 1970 to 580 million tons 1n 1985.
5. Primary Aluminum Reduction Plants -- Standards were promulgated on
January 26, 1976, and limit fluoride emissions from each potroom group within
Soderberg plants to 2.0 pounds of total fluorides per ton of aluminum pro-
duced (Ib TF/TAP), from each potroom group within prebake plants to 1.9 lb
TF/TAP, and from each anode bake plant within prebake plants to 0.1 Ib TF/TAP
Primary and secondary emissions from potroom groups are limited to less than
10 percent opacity and emissions from anode bake plants are limited to less
than 20 percent opacity. Domestic aluminum production capacity .was about
4.8 million tons In 1972 and is expected to increase to 7.2 million tons
in 1980. After promulgation, Alcoa, Kaiser Aluminum and Chemical Co.,
National Steel, and Revere Copper and Brass filed petitions for review of the
standards in the U.S. Court of Appeals for the District of ColumMa Circuit.
6. Ferroalloy Production Facilities — The standards wewe promulgated
on May 4, 1976, and limit partlculate matter emissions frow dusfc-*iandJing
equipment and parti culate matter and carbon monoxide em1ssto"ns. from
electric submerged arc furnace. Emissions of partlculate matter
control device are limited to less than 0.45 kg/MW-hr (0.99 Ib/MW-hr) for
furnaces producing high-silicon alloys (in general) and to less than
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0.23 kg/MW-hr (0.51 Ib/MW-hr) for furnaces producing chrome and manganese
alloys. For both product groups, emissions from the control device must
be less than 15 percent opacity. The regulation requires that the collection
hoods capture all emissions generated within the furnace and capture all
tapping emissions for at least 60 percent of the tapping time. The concen-
tration of carbon monoxide in any gas stream discharged to the atmosphere
must be less than 20 volume percent. Emissions from dust handling equipment
may not equal or exceed 10 percent opacity. There are about 50 existing
ferroalloy production fap.ilities in the United States.
In 1976, standards of performance were proposed for the following
source categories: Kraft Pulp Mills, Petroleum Refinery Sulfur Recovery
Plants, and Lignite-fired Steam Generators. In addition, EPA also proposed
revisions to the opacity standard for petroleum refinery fluid catalytic
cracking unit catalyst regenerators and EPA Reference Methods 1-8, and
promulgated amendments to Reference Methods ISA and 13B. A final decision
was handed down by the U.S. District Court of Appeals for the District of
Columbia Circuit on July 21, 1976, in National Asphalt Pavement Association,
et al. vs Train; the decision upheld the use of opacity standards of per-
formance as a measure of emissions from stationary sources.
CONTROL OF HYDROCARBON EMISSIONS
During the past year, emphasis has been shifted to facilitate high
priority oxidant-related regulatory activities. These efforts to control
emissions of non-methane hydrocarbons fall into three broad areas;
(1) petroleum production, refining, storage and transfer operations; (2) or-
ganic chemical manufacturing; and (3) end use applications (e.g., surface
coatings and degreasing operations). These groupings should cover approxi-
mately two-thirds of stationary source emissions of non-methane hydrocarbons.
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The remaining one-third of stationary source emissions of non-methane hydro-
carbons conies from combustion sources (principally open burning), agricultural
uses (principally pesticides application), and other industrial processes
(e.g., primary metals, wood processing and food preparation). These sources
will be incorporated into the program at a later stage.
Within each of these three areas, all ongoing and future activities will
be directed toward the preparation of guidance materials, including information
on available control technology, to assist states in the preparation of SIP
revisions for oxidant control and the development of NSPS. The SIP guidance
materials will set forth new regulatory approaches where necessary and present
data on emission limitations and regulatory timeframes which reflect reasonably
available control technology (RACT) for a source category when viewed as a
whole. The states, however, are to develop the specific regulatory require-
ments Including emission limits. These should reflect RACT for particular
sources within their jurisdictions.
Where feasible and practical, NSPS will be developed for common types
of emission sources. For example, a common standard may be developed to
control emissions resulting from the transfer of volatile organic liquids
from one container to another, regardless of the facilities between which
such a transfer may take place. It should also be noted that many of the
sources Identified 1n these three areas will have to be regulated by means
of equipment and process specification and operating and maintenance guide-
lines rather than by emission standards.
These programs will be unusually complex, involving a large number of
materials, processes, and companies. The organic chemical manufacturing
study, for example, must evaluate regulation of the production of over
600 volatile organic compounds which are produced in large quantities and
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exhibit known or potential toxicity characteristics. Many of these compounds
are, of course, manufactured by more than one process, each of which must also
be evaluated.
lll(d) STANDARDS
The Clean Air Act Amendments of 1970 address three general categories
of pollutants emitted from stationary sources. The first category consists
of pollutants (often referred to as "criteria pollutants") for which air
quality criteria and national ambient air quality standards are established
under Sections 108 and 109 of the Act. Under the 1970 amendments, criteria
pollutants are controlled under Section 110 and, in some cases, by standards
of performance for new sources established under Section 111. The second
category consists of pollutants listed as hazardous pollutants under Section
112 and controlled under that section.
The third category consists of pollutants that are (or may be) harmful
to public health or welfare but are not or cannot be controlled under
Sections 108-110 or 112. Section lll(d) of the Act requires control of
existing sources of such pollutants (referred to here as "designated
pollutants") whenever standards of performance (for these pollutants)
are established under Section lll(b) for new sources of the same type.
Existing facilities subject to such control are referred to here as
"designated facilities." On November 17, 1975, EPA promulgated regula-
tions establishing procedures and requirements for submittal of State
plans for the control of designated pollutants from such facilities.
The regulations provide tha,t after a standard of performance applicable
to emissions of a designated pollutant from new sources is promulgated,
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the Administrator will publish guideline documents containing infor-
mation pertinent to control of the same pollutant from designated (i.e.,
existing) facilities. The guideline documents will include "emission
guidelines" and compliance dates.
The Administrator's determination whether a designated pollutant is health-
related, welfare-related, or both and the rationale for the determination
will be provided in the guideline document for that pollutant. For both
health-related and welfare-related pollutants, emission guidelines will
reflect the degree of control attainable with the application of the best
systems of emission reduction which (considering the cost of such reduction)
have been adequately demonstrated for designated facilities. For health-
related pollutants the emission guidelines and compliance times will appear
in the Federal Register, whereas for weIfare-related pollutants they
will appear in a guideline document only. The degree of control reflected
in EPA's emission guidelines will take into account the costs of retro-
fitting existing facilities and thus will probably be less stringent than
corresponding standards of performance for new sources.
After publication of a final guideline document for a designated pollutant,
the states will have nine months to develop and submit plans containing
emission standards for control of that pollutant from designated facilities.
In general, state emission standards must ordinarily be at least as stringent
as the corresponding EPA guidelines to be approvable. States will have more
flexibility in establishing plans for welfare-related pollutants than for
health-related pollutants. Within four months after the date required for
submission of a plan, the Administrator will approve or disapprove the
plan or portions thereof. If a state plan (or portion thereof) is disapproved,
the Administrator will promulgate a plan (or portion thereof) within six
months after the date required for plan submission.
98-238 O- 77 -6 -I •>
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To date, the only designated pollutant/designated facility combinations
are: (1) sulfuric acid mist emitted from sulfuric acid production units
(notice of availability of draft guideline document published November 4,
1976); (2) fluorides emitted from five categories of sources in the
phosphate fertilizer industry (notice of availability of final guideline
document published March 1, 1977); and (3) fluorides emitted from primary
aluminum plants (delayed due to litigation).
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS)
On October 21, 1976, a NESHAPS standard was promulgated which applies
to approximately 50 ethylene dichloride-vinyl chloride and polyvinyl chloride
plants. Vinyl chloride has been found to cause angiosarcoma and other
serious disorders, both cancerous and noncancerous, in people with
occupational exposure and in animals with experimental exposure to vinyl
chloride. Reasonable extrapolations from these findings caused concern that
vinyl chloride may be causing the same or similar disorders at current
ambient air levels. The purpose of the standard is to minimize vinyl
chloride emissions from all known process and fugitive emission sources
to the level attainable with best available control technology. This
will minimize the health risks to people living in the vicinity of these
plants and to any additional people who are exposed as a result of new
construction. The standard is expected to reduce emissions from a typical
ethylene dichloride-vinyl chloride plant by approximately 94 percent and
from a typical polyvinyl chloride plant by approximately 95 percent.
It will cost approximately $198 million to install equipment at existing
plants to meet the standard and another $70 million/yr to operate and maintain
the equipment. The price of polyvinyl chloride resins is expected to in-
crease by 7.3 percent as a result of the standard.
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On November 19, 1976, the Environmental Defense Fund (EOF) petitioned
the court for review of the vinyl chloride standard. Litigation is
still in process.
REGISTRATION OF FUELS AND FUEL ADDITIVES
On November 7, 1975, EPA promulgated the "Registration of Fuels and
Fuel Additives" Regulations (40 CFR Part 79). As of November 12, 1976,
1,837 fuel additives, 510 motor vehicle gasolines, and 244 motor vehicle
diesel fuels have been registered; 319 additive manufacturers and 132 fuel
manufacturers have reported these additives and fuels. The deadline date
of November 8, 1976, for the registration of motor vehicle diesel fuels was
met on time. The first periodic report forms due are the quarterly reports
for gasoline, which are due by February 15, 1977.
The regulations require that, should EPA decide that testing of fuels
and fuel additives by the manufacturers is necessary, this testing must be
carried out using test protocols provided by EPA. EPA currently has under
development three such protocols: Health Effects, Welfare Effects, and
Emissions Control Device Performance. These are expected to be available
by late 1977.
DEVELOPMENT OF NEW AND IMPROVED AIR POLLUTION CONTROL TECHNIQUES FOR
STATIONARY SOURCES
The development and demonstration of control technology for stationary
source air pollution is one of EPA's most important tasks. EPA's goal in
developing stationary source air pollution controls is fourfold:
To describe at least one environmentally sound method of control
for each major source of pollution, including development and
demonstration, if necessary;
To provide a technical base for the Agency's enforcement activities;
To establish technical and economic data to support New Source
Performance Standards (NSPS); and
To provide information upon which to base an environmentally sound
energy development policy.
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SULFUR OXIDES
The Agency has directed much of its research and development effort in
the sulfur oxide (SO ) control area toward demonstration of flue gas desul-
A
furization (FGD). This technology removes S02 from the gas stream after a
fuel is burned. The emphasis on FGD has been dictated by its economic
feasibility and by its availability for near-term application. EPA has
funded, either totally or partially, a number of major projects over the
past several years. Included in these are the following large-scale
electric utility oriented projects:
Pilot work at Research Triangle Park, N.C. and a prototype system
at the TVA Shawnee Steam Plant for development, demonstration and
optimization of lime and limestone scrubbing technology.
Magnesium oxide scrubbing demonstrations at Boston Edison Company
and Potomac Electric Power Company.
Sodium sulfite/bisulfite scrubbing (Wellman-Lord Process) at the
Northern Indiana Public Service Company.
Aqueous carbonate process demonstration at Niagara Mohawk.
Double alkali process demonstration at Louisville Gas and Electric.
Control techniques suited to smaller industrial and commercial combustion
sources are being examined in full-scale test programs at a General Motors
double alkali installation, at a U.S. Air Force installation using the
Bahco lime scrubbing process, and at a St. Joe Minerals Company installation
using the citrate process. Supporting and supplementing these major demon-
strations are numerous other projects, such as full-scale testing 6n
commercially installed systems, engineering studies, and smaller-scale
hardware studies.
The commercial economics of FGD technology, including by-product
marketing and disposal options and the evaluation of new processes or process
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improvements are the subjects of continuing engineering efforts. A major
effort underway in technology transfer will promote use of the best and
most reliable techniques and equipment of future FGD installations.
The Agency is also studying a number of other approaches for reducing
sulfur oxide emissions. One such approach is to "clean" a fuel (to remove
the sulfur and other contaminants) before the fuel is burned. This pre-
treatment method is especially suited to sources smaller than electric
utilities, e.g., industrial boilers and fuel-burning equipment. EPA is
studying several techniques for removing pollutants from fuels. One
technique involves physically and/or chemically cleaning coal with moderate
sulfur content so that it can be burned in conformance with clean air
standards. EPA's objectives in this area are (1) to develop commercially-
available processes for removing inorganic sulfur and ash from medium-sulfur
coal, while producing reuseable wastes, or wastes which will not degrade
the environment when discarded; (2) to define the environmental problems
associated with existing fuel cleaning technologies; and (3) to derive
means of minimizing those problems which could hinder application of fuel
cleaning technologies.
In the clean fuels area, EPA is also studying the use of clean liquid
and gaseous synthetic fuels derived from coal. A program on residual oil
processing and utilization aims at defining better means of removing sulfur
and other pollutants in producing a clean synthetic fuel. The major objectives
of synthetic fuels are to determine the potential environmental impacts of
processing these fuels and to develop means of minimizing the adverse en-
vironmental effects of synthetic fuel technologies.
Another approach to reducing SO emissions is to absorb the gas during
A
the combustion process. The Agency's efforts in combustion modification
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have involved primarily the Fluidized Bed Combustion Process (FBC).
These efforts have contributed to the National Fluidized Bed Combustion Program,
an interagency program coordinated by the Energy Research and Development
Agency (ERDA). EPA's contributions to the interagency program consist of
environmental assessments of FBC systems, which control SOX> NOX, fine
particulates, and other pollutants, and continued testing of its small
(0.63 megawatt) FBC mini-pilot plant. The Agency also conducts independent
research to determine the implications of alternative designs and of
alternative uses of fluidized bed combustors.
Another important atmospheric emission point source of sulfur oxides
is the primary copper smelter's reverberatory furnace. The Office of
Research and Development is currently evaluating various abatement technologies
that can be applied to this source of low and variable S02 concentration.
NITROGEN OXIDES (NO )
A
Combustion modification is the primary control technique for preventing
or minimizing NO emissions from fossil-fuel burning. The technique is
A
applicable to utility and large industrial boilers; small industrial,
commercial and residential systems; industrial process furnaces and after-
burners; stationary engines; and advanced fuel processes.
Several combustion modification techniques have been developed or are
under study. EPA-supported and directed efforts have shown that staged
combustion is an effective method of controlling NO originating from the
/\
oxidation of atmospheric nitrogen and nitrogen found in fuels. Flue gas
recirculation is an effective technique for controlling NO emissions
A
originating from thermal fixation of atmospheric nitrogen during the
combustion of clean fuels. Additional EPA research and development
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efforts aim to modify combustion by redesigning burner/combustor systems,
to investigate novel approaches to combustion modification (such as catalytic
combustion, advanced power cycles, and alternative fuels), and to provide
a basic understanding of the physical and chemical factors influencing the
formation and degradation of nitrogen oxides.
Flue gas treatment (FGT) is another technique under investigation as
a highly-efficient means of controlling NO emissions from stationary
A
sources. EPA will draw on the knowledge gained in Japan's now-active
development of FGT.
Finally, in the industrial area, EPA is currently supporting a project
to evaluate and demonstrate NO control by a commercial molecular sieve
y\
process on tail gases from nitric acid plants. The molecular sieve process
is capable of economically limiting NO concentrations to at least 100 ppm,
A
and quite possibly to 50 ppm, on tail gases from absorbers in nitric acid
production.
PARTICULATES
Control technology for large particulates has been well established.
EPA's efforts now are mainly concerned with development of techniques for the
control of fine particulates. These small particles, less than three microns
in diameter, remain suspended in the atmosphere and are easily respirable and
absorbable by the body. One current program seeks to improve the definition
of the physical and chemical character of fine particulates. Control
technology for fine particulates is still seriously deficient. The Agency's
present efforts center in developing adequate detection and measurement methods
and in developing and field testing of control methods. Additionally, EPA
is working to improve and demonstrate existing collection capability for
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fine particulates control and to identify and ultimately to demonstrate
novel techniques which will offer both economic and performance advantages
over current methods.
OTHER POLLUTANTS
Control technology research and environmental assessment efforts are
underway for a number of pollutants, including trace metals, polycyclic
organic matter and hydrocarbons, and fluorides. Several tasks are being
funded for the field testing of coal-fired utility and industrial boilers
and for limited source characterization of gas- and oil-fired units to
assess pollutant emission levels. A field testing program is underway for
residential and commercial units as well.
Source assessment is also underway for certain chemical processing
industries. The objective of this program is to characterize the environ-
mental impact of sources of toxic and potentially hazardous emissions from
the organic and inorganic materials production, combustion and other source
categories and to determine the need for control technology development.
Specific sources under assessment include petroleum refining, petro-
chemicals, nitrogen fertilizer operations, phosphate fertilizer operations
pesticides manufacturing, and textile operations.
EPA has completed development at the pilot plant level for ethylene
dichloride plants and odor control for the rendering industry. An extensive
testing program is underway to evaluate shipboard incineration of organic
chemical wastes as a disposal technique. The first phase of a test pro-
gram designed to resolve the uncertainties in cost estimates for gasoline
station hydrocarbon control systems is nearly completed.
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Control technology for the ferrous metals industry is under continuing
development. EPA has completed projects directed toward the control of
emissions from coke making, blast furnace tapping, and the charging%of
basic oxygen furnaces. Work is underway to develop technology for the con-
trol of emissions from the sintering of iron ore. Extensive efforts are
underway to assess, and ultimately to bring under control, fugitive emissions
from all significant sources in the production of ferrous products.
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VII. CONTROL OF MOBILE SOURCE EMISSIONS
INTRODUCTION
Title II of the Clean Air Act mandated at least 90 percent reductions
in carbon monoxide (CO), hydrocarbons (HC), and oxides of nitrogen (NO )
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emissions from light-duty vehicles and engines and gave the Administrator
authority to prescribe certain other emission standards for automobiles,
trucks, and planes.
MEASURES TAKEN TO IMPLEMENT MANDATED TITLE II EMISSION STANDARDS
Emission Standards Development
As a result of the 1970 amendments, standards of 0.41 gram per mile
(g/mi) HC, 3.4 g/mi CO, and 0.4 g/mi NO were promulgated on July 2, 1971,
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for those pollutants. The HC and CO standards were to be met by the 1975
model year and the NOo standard was to be met by the 1976 model year.
The 1970 amendments provided that motor vehicle manufacturers could
apply for a one-year suspension of these standards. Application was made
by manufacturers in March 1972 to suspend the HC and CO standards. After
an initial suspension denial by EPA, the U.S. Court of Appeals for the
District of Columbia required EPA reconsideration and on April 11, 1973,
EPA granted a suspension for the 1975 model year. At this time interim
standards of 1.5 q/mi HC and 15 g/mi CO were established.
Further action was taken on July 30, 1973, when the 1976 model year
statutory NO standard of 0.4 g/mi was suspended for one year and an interim
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standard of 2.0 g/mi was established.
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In June 1974 the passage of the Energy Supply and Environmental
Coordination Act (ESECA),which amended portions of the Clean Air Act,
provided that (1) the 1975 Federal motor vehicle interim standards
would also be applicable to the 1976 model year, (2) the original statutory
standards for HC and CO of 0.41 and 3.4 g/mi respectively would be applica-
ble to the 1977 and subsequent model years, (3) the interim NO standard of
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2.0 g/mi would be applicable to the 1977 model year, (4) the original
statutory NO standards of 0.4 g/mi would be applicable to the 1978 and
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subsequent model years, and (5) any motor vehicle manufacturer could, after
January 1, 1975, apply for a one-year suspension of the imposition of the
statutory HC and CO standards for the 1977 model year.
On March 5, 1975, after extensive hearings, the EPA Administrator granted
the request of Ford Motor Company, General Motors Corporation, and Chrysler
Corporation for a one-year suspension of the 1977 motor vehicle emission
standards. The basis for the suspension was that the catalyst technology,
needed to reduce HC and CO emissions to the required levels^also increased
the conversion of sulfur in gasoline into sulfuric acid. At the time an
estimate was made of potential public health impacts attributable to cars
equipped with oxidation catalysts with air pumps which indicated that un-
acceptable levels of sulfate concentrations would be reached before a full
inventory of these cars were on the roads. Additionally, the catalyst tech-
nology needed to meet the ultimate statutory standards was relatively new
and undeveloped. With these problems in mind, the Administrator imposed
1.5 g/mi HC and 15 g/mi CO as interim standards for 1977 and recommended to
the Congress standards of 1.5 g/mi HC, 15 g/mi CO and 2.0 g/mi NO for the
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1978 and 1979 model years, and 0.9 g/mi HC, 9,0 g/mi CO and 2.0 g/mi NOX
for the 1980 and 1981 model years. He also recommended that the original
statutory standards for HC and CO of 0.41 g/mi and 3.4 g/mi, respectively,
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go into effect for the 1982 model year. The 1982 NO standard was recommended
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to be administratively established.
From March 1975 through the end of 1976, Congress considered the auto
emission standards issue, and EPA provided, upon request by the Congress,
numerous technical analyses of the feasibility and fuel economy impact of
various stringency levels of standards.
On August 5, 1976, the Senate passed a bill (S. 3219) to amend the Clean
Air Act which dealt with the question of auto emission standards for the 1978
model year and beyond. The Senate bill would have extended the existing 1977
auto emission standards of 1.5 g/mi HC, 15 g/mi CO and 2.0 g/mi NOX for one
additional year, through model year 1978. For the model year 1979 and there-
after the bill would have imposed the original statutory standards of 0.41 g/mi
HC and 3.4 g/mi CO, while requiring 90 percent of each manufacturer's cars sold
to meet a 2.0 g/mi N0¥ standard and the remaining 10 percent of cars sold to
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meet a 1.0 g/mi NOV standard. By the 1980 model year all cars would have been
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required to meet the 1.0 g/mi NOY standard. The original statutory standard
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of 0.4 g/mi NO would have remained a mandatory research objective of the in-
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dustry. The House of Representatives passed a different bill on September 14,
1976, which would have adopted an emission reduction schedule consistent with
the recommendation of the EPA Administrator.
A Conference Committee bill of September 30 would have extended the ex-
isting 1977 auto emission standards of 1.5 g/mi HC, 15 g/mi CO, and 2.0 g/mi
NO to model year 1978, and deleted the Senate bill requirement that 10 per-
cent of all cars meet the 1.0 g/mi NOV standard by 1979, as well as the re-
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quirement that all cars meet the 1.0 g/mi NO standard in 1980. In short,
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the conference bill provided that standards of 0.41 g/mi HC and 3.4 g/mi CO
be met by model year 1979, a NOV standard of 2.0 g/mi for 1979 and 1980, and
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a 1.0 g/mi NO standard for 1981. The conference bill retained the 0.4 g/mi
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NOV standard as a mandatory research objective. However, Congress recessed
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on October 2, 1976, without adopting the Conference Committee bill. Hence
the present motor vehicle standards are those first established by the EPA
Administrator in April of 1973 for the 1975 model year and extended by
ESECA and the EPA Administrator for the 1976 and 1977 model years. The
present motor vehicle standards are presented in Table VII-1.
Certification Testing
Certification of new passenger cars for compliance with Federal emis-
sion standards began with 1968 model year vehicles. The program includes
testing of prototype vehicles that represent all new motor vehicles sold in
the United States.
The manufacturer 1s required by EPA to submit data from two types of
tests which evaluate vehicle conformance to Federal emission standards.
First, through the Durability Fleet Test, fleets are tested at 5000 mile
Intervals up to 50,000 miles to determine the deterioration of the emission
control system. Second, through the Emissions Fleet Test, prototype fleets
are tested at 4000 miles to determine their emissions at close to the "break
in" point. To check manufacturers' data, EPA requires that a vehicle being
tested by the manufacturer for durability be brought to the EPA laboratory
in Ann Arbor, Michigan, for confirmatory tests. All emission data vehicles
are tested in the EPA laboratory.
During the past year, certification of most 1977 model year light duty
vehicles, light duty trucks, and heavy duty engines was completed and certi-
fication of 1978 models began. The certification program for the 1977 model
year involved monitoring the test program of approximately 50 manufacturers,
reviewing durability data from approximately 500 vehicles and engines, and
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Table VII-1. EMISSION STANDARDS FOR MOTOR VEHICLE CLASSES
Motor vehicle class
Light duty passenger
(Emissions expressed
in grams per mile)
National
California
Light duty trucks
oo (Emissions expressed
•*=" in grams per mile)
National
California
Heavy duty vehicles3
(Emissions expressed
in grams per
horsepower-hour)
National
California
1977 1978 1979
HC CO NOV HC CO NO HC CO
X A
1.5 15 2.0 0.41 3.4 0.4 0.41 3.4
0.41 9.0 1.5
HC CO NOV HC CO NOY HC CO
X A
2.0 20 3.1 2.0 20 3.1 1.7 18
0.9 17 2.0 0.9 17 2.0 0.9 17
HC + NO CO Smoke HC + NOV CO Smoke HC + NOV CO
X X A
16 40 15/20/50b 16 40 15/20/50b
lc 25 7.5C lc 25 7.5C
NOX
0.4
NOX
2.3
2.0
Smoke
aGasoline and diesel have same standards but are tested under different procedures.
bDiesel only; lugging/acceleration/peak.
C0ption available for combined HC and NO standard of 5 grams/brake horsepower/hour.
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reviewing emission data from almost 7000 vehicles and engines. To reach
this level of certification, EPA conducted approximately 2900 emission tests
on 1977 light duty vehicles, light duty trucks, and heavy duty engines.
By June of 1976 it was necessary for manufacturers to begin to
prepare applications for certification of 1978 model year vehicles. Because
Congress was still considering a change in the 1978 standards at that time,
the manufacturers requested guidance concerning the certification procedure.
The EPA Administrator advised the automobile industry that EPA would accept
applications for cars designed to meet whatever emission control levels each
individual company estimated might result from the Congressional deliberations,
However, the EPA Administrator informed the companies that in submitting
such applications they were operating entirely at their own risk because
EPA could not issue 1978 Certificates of Conformity for cars that did not
meet the statutory 1978 standards, unless such standards were changed by
the Congress by the time issuance of certificates would be requested.
In addition to the requirements for certification of motor vehicles
and engines prior to mass production, EPA has regulations governing changes
to vehicles and engines during production. Approximately 1500 tests were
conducted during the past calendar year to determine emission compliance of
modified versions of certified vehicles.
Since the 1971 model year, emission test results have been published
in the Federal Register. Beginning with the 1973 model year, fuel consump-
tion during the emission test has also been determined and published in the
Federal Register. Beginning with the 1974 model year a "Gas Mileage Guide"
listing the comparative fuel economy of all new model vehicles has been
prepared by EPA and distributed by the Federal Energy Administration (FEA)
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for consumer use. During 1976 EPA tested about 750 vehicles to determine
their economy rates. Three figures were obtained for each vehicle: a cold-
start city mileage figure, a highway mileage figure, and a combined city-
highway mileage figure. EPA thus provides emission test results and a
broad picture of fuel economy test results for consumers who are concerned
with both air quality and fuel economy.
Fuel economy over the last several model years has increased signifi-
cantly. The estimated average fuel economy of all cars in the 1974 model
year was 13.9 miles per gallon (mpg). In 1975, the average increased to
15.6 mpg. In 1976 it was 17.6 mpg, and 1977 model year cars are expected to
average 18.6 mpg. The 1977 estimate represents a 342 increase over 1974
models. The increase is due primarily to changes in calibration made pos-
sible by the use of catalytic emission controls and by shifts to lighter
weight vehicles.
MOTOR VEHICLE EMISSION REGULATIONS—ACTIONS TAKEN IN 1976
Motorcycle Regulations
Motorcycles are small but collectively significant sources of emissions.
The average uncontrolled motorcycle presently emits about twice as much
CO and about six times as much HC as permitted by 1977 automobile standards.
Both interim and longer term emission standards for motorcycles
designed for street use were promulgated by EPA in 1976. The 1978-1979
interim standard for HC exhaust emissions is dependent upon engine
displacement, requiring control to 5 grams per kilometer (g/km) for motor-
cycles with up to 170 cubic centimeters (cc) displacement. The standard
increases proportionately with displacement, from 5 g/km required at
170cc to 14 g/km required at 750cc. Motorcycles with displacements
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above 750cc are held to the 14 g/!cm standard regardless of size. CO emis-
sions are limited to 17 g/km regardless of size. No standard for oxides
of nitrogen has been promulgated because a 1976 air quality analysis
indicated that the motorcycle contribution to motor vehicle NO emissions
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is negligible, estimated to be less than one-half of one percent 1n 1990.
The promulgated long-term emission standards for the 1980 model year
will be 5 g/km HC (regardless of engine displacement) and 12 g/km CO.
Crankcase emissions are prohibited under both the interim and long-
term emission standards. Studies have shown that if crankcase emissions
are eliminated entirely, then average motorcycle emissions of HC will
decrease by 30 percent and CO emissions will decrease by 22 percent.
Revised Light Duty Truck Regulations
A need for stricter light duty truck regulations developed because,
as increasingly stringent controls are placed on passenger cars, the
percentage of total vehicular pollution caused by trucks increases in
significance. Air quality analyses forecast that if no further controls
were placed on light duty trucks used in urban areas and if current statu-
tory control of light duty vehicles were effected, CO and NOV emissions
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from light duty trucks would equal light duty vehicle emissions by 1985.
Regulations were proposed in February of 1976 and promulgated in
December of 1976 to expand the definition of the light duty truck class
to an 8500 pound gross vehicle weight limit rather than the present 6000
pound limit. This action groups together trucks with similar design and
operating characteristics so that emissions standards can be imposed in a
cost-effective manner. It also imposes relatively stricter emission con-
trols on trucks within the 6000-8500 pound weight range which account for
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more and more of urban air pollution as light duty vehicle emissions regula-
tions become more stringent.
The February 1976 regulations also proposed more stringent emission
standards for light duty trucks, beginning with the 1978 model year. These
standards, 1.7 g/mi HC, 18 g/mi' CO, and 2.3 g/mi NO , are equal in
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stringency to the 1977 model year light duty vehicle standards. EPA in
response to comment which identified compliance problems extended the
effective date of the regulation to 1979 model year vehicles.
Heavy Duty Vehicle Emissions Regulations
In May of 1976 a notice of proposed rulemaking was published for more
stringent control of gaseous exhaust emissions from heavy duty gasoline and
diesel powered vehicles, beginning with the 1979 model year. The proposed
standards are 1.5 g/BHP-hr (grams per brake horsepower-hour) HC, 2P g/BHP-hr
CO, and 10 g/BHP-hr HC plus oxides of nitrogen. The reason for the combined
hydrocarbon plus oxides of nitrogen standard 1s to give the manufacturers
some leeway. They can either reduce HC emissions more than the HC standard
and emit more NOX, or they can barely make the HC standard and emit less
NOX. Additionally, a Diesel engine peak smoke opacity standard of 35 per-
cent Instead of the present 50 percent has been proposed to prevent degrada-
tion of on the road smoke levels as a result of changes in gaseous emissions
standards.
Stricter emission standards for heavy duty vehicles are necessitated
by the inability of some Air Quality Control Regions (AQCR) to meet national
ambient air quality standards without further control of HC, CO, and NO .
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Although the heavy duty vehicle population accounts for only approximately
5 percent of all registered motor vehicles, the levels of HC, CO, and NO
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that they emit are significant. It is estimated that without further con-
trols, emissions from heavy duty vehicles by 1990 will exceed those of light
duty vehicles controlled to the level of the statutory standards.
Revised Evaporative Emission Regulations
More stringent standards for evaporative emissions from light duty
passenger vehicles and light duty trucks were promulgated in August of 1976.
The new standard promulgated for the 1978 model year, 6 g/test, appears at
first to be higher than the old 2 g/test standard, butsbecause of
inadequacies in the former standard's test procedures, it is estimated
that evaporative hydrocarbons emissions will be reduced from about 1.76
g/mile to 0.6 g/mile when manufacturers are required to demonstrate com-
pliance with the 6 g/test standard by the new test procedure. This action
is expected to reduce nationwide HC emissions from all mobile sources by
as much as 46 percent by the year 1990 from the level that would have been
emitted at the former level of control of evaporative emissions.
Aircraft Emissions Regulatory Actions
EPA promulgated in August of 1976 regulations limiting emissions from
currently certified SST aircraft manufactured after January 1, 1980, and
more stringent emission standards for SST aircraft that are newly certified
after January 1, 1984. By 1990, the 1980 and 1984 standards are expected
to account for a 61 percent reduction in HC and a 50 percent reduction in
CO emissions at an airport where SST aircraft are used.
Another aircraft emissions regulatory action promulgated late in 1976
was an extension to the compliance date for smoke emissions standards
applicable to the JT3D engine {commonly used in Boeing 707s and DC-8s).
The extension from January of 1978 to September of 1981 was in response
to a petition by the Air Transport Association (ATA). The manufacturers
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claimed in the petition that durability problems had developed during tests
of the low smoke combustor which could not be overcome within the necessary
time frame and, additionally, that EPA had significantly underestimated the
cost of this retrofit program and its impact on the airline industry. EPA,
in granting the extension, added an additional requirement that each opera-
tor of aircraft powered by JT3D engines achieve 90 percent compliance by
September of 1980. The 90 percent by 1980 requirement was added to lessen
the impact of the extension and force continued effort to develop techno-
logy required to meet the full standard. The environmental impact of the
completed program is expected to be a reduction in visible smoke, and HC
and CO emissions reductions of 32 percent and 13 percent, respectively,
from total commercial aircraft emissions in exchange for a modest 5 per-
cent increase in NO .
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In January 1976, public hearings were held to receive comments on proposed
regulations concerning new turbine aircraft in 1979 and retrofitting existing
turbine engines beginning in 1981. These comments have been reviewed, a
revised turbine technology assessment report has been prepared, and modifica-
tions to the regulations are expected to be proposed in 1977.
AUTO FUEL ECONOMY REGULATIONS,
Under authority of the 1975 Energy Policy and Conservation Act, EPA
in 1976 changed the automobile fuel economy labeling from a voluntary program
to a mandatory requirement. Beginning in March 1976, all new automobiles,
at the time they are offered for sale, must carry a label disclosing the
fuel economy of the vehicle, the average annual fuel cost for operating the
vehicle, and the range of fuel economy estimates for comparable automobiles.
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Additionally, car dealers are required to display in their showrooms copies
of the current model year "Gas Mileaqe Guide," a pamphlet prepared by EPA and
distributed by the FEA. These two measures will make information on the fuel
economy performance of new automobiles readily available to prospective buyers.
The Energy Policy and Conservation Act of 1975 also requires EPA to
establish and promulgate test procedures for calculating an average fuel
economy for each automobile manufacturer's product line. These manufacturer's
average fuel economy values will be used by the Secretary of Transportation
to determine compliance with the minimum fuel economy standards defined in
the Act (e.g., 18 MPG by 1978, 27.5 MPG by 1985). EPA generates city fuel
economy data as a by-product of its emission test program at no additional
costs and generates highway fuel economy at a minimal incremental level of
effort. Relatively few cars that would not otherwise be tested for emis-
sions need to be added to the testing program for fuel economy measurement
purposes. In September of 1976 EPA promulgated fuel economy testing and
calculation procedures for the 1978 model year and proposed procedures for
1979 and subsequent model years.
A third requirement of the Energy Policy and Conservation Act is that
EPA establish procedures for testing retrofit devices submitted by manufac-
turers which might enhance automobile fuel economy. A proposal for such a
testing procedure will be forthcoming early in 1977.
COST OF MEETING EMISSION STANDARDS
Passenger Vehicles
Emission Control Equipment, 1977 Model Year — With the setting of interim
1977 standards for hydrocarbons (HC) and carbon monoxide (CO) at the 1975-76
levels and nitrogen oxide (N0y) at a level of 2.0 g/mile (which is 35 percent
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lower than the 1975-76 level), the automobile companies were able to meet
the 1977 standards with only minor modifications to engines and control
devices. These modifications include increased use of secondary air for
catalyst operation, improved exhaust gas recirculation, ignition timing
modification, and modified catalysts with decreased use of secondary air.
EPA has estimated that the incremental cost (over 1976) to meet 1977
emission standards is $15. The 1977 Clean Air Act amendments signed into
law on August 7, 1977 continued the 1977 standards into 1978.
Summary of Estimated Emission Control Equipment Costs -- Table VI1-2 summarizes
EPA's estimates for incremental cost increases per car due to emission control
requirements for the period 1968 to 1978.
Estimated Maintenance Costs Due to Emission Controls — The additional per
vehicle maintenance costs attributable to emission-control devices has been
estimated by EPA to be $16 per year from model years 1968 through 1974. For
the 1975, 1976, 1977, and 1978 model years, there are certain benefits in
reduced maintenance costs derived from the use of high-energy ignition
systems, long-life exhaust systems, and unleaded fuel. For the 1975-1978
model years, the annual maintenance costs benefits are estimated to be $23
per catalyst-equipped car over 1974 cars; thus, the net maintenance cost
over the pre-controlled cars is a $7 benefit.
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Table VII-2. ESTIMATED PASSENGER CAR EMISSION-CONTROL
EQUIPMENT COSTS, 1968-1978 MODEL YEARS
Model Year List Price*
Cumulative costs through 1974 100
1975/76 incremental costs 100
1977 incremental costs 15
1978 incremental costs 0
Cumulative costs through 1978 215
*1974 dollars
Fuel Consumption Penalties
The average fuel economy of motor vehicles decreased gradually from
1968 through the 1974 model cars. This change can be attributed to
variations in vehicle weight, engine size, optional equipment, and the
effects of emission-control equipment. In particular, the specific emis-
sion-control measures that adversely affect fuel consumption are retarded
ignition timing, reduced compression ratio, and exhaust-gas recirculation.
Catalytic systems on most 1975 vehicles resulted in fuel economy
superior to 1973 and 1974 model-year cars. The EPA-measured fuel economy
data for 1975 certification vehicles, when weighted for the estimated
vehicle sales, resulted in a gain of 13.5 percent over 1974 models, or a
slight fuel economy benefit over pre-1968 baseline data of approximately
1.0-2.0 percent.
An additional fuel economy improvement was shown in the 1976 model
year, resulting in an estimated fuel economy gain of about 12.8 percent
over pre-1968 cars. An additional 5.6 percent gain in fuel economy was
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shown 1n the 1977 model year despite the increased severity of the NO
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standard, which dropped from 3.1 to 2.0 g/mile.
If statutory emissions standards are to be achieved for the 1981 model
year automobiles, it is believed that meeting the more stringent HC, CO,
and NOX standards will result in anywhere from a 15 percent gain to a 20
percent fuel economy loss over 1976 cars.
Light-Duty Trucks
Beginning with the 1975 model year, less stringent standards were set
for light-duty trucks than for passenger cars. However, most manufacturers
elected to use catalyst systems for light-duty trucks anyway, at a cost
similar to that for the passenger car ($210 per truck). Standards were
promulgated during 1976 which imposed more stringent standards for light-
duty trucks and expanded the upper weight limit of the class from 6,000 to
8,500 pounds. The standards become effective beginning in the 1979 model
year. Trucks under 6,000 pounds will be able to meet the more stringent
standards at no additional cost. Trucks from 6,000 to 8,500 pounds will be
required to use catalyst systems to meet the standards, at a cost of $210
per truck. No impact on fuel economy or on maintenance costs is anticipated.
Heavy-Duty Gasoline Engine Controls
The 1974 through 1978 control equipment costs are equivalent to that
for a 1973 passenger car engine, less the cost of E6R and evaporative con-
trols, or $50.00 per vehicle. Fuel consumption penalties are estimated to
be five percent to meet the 1974-1978 standards.
The expansion of the light-duty truck class to 8,500 pounds beginning
with the 1979 model year will significantly reduce the number of engines
subject to the heavy-duty standards. Furthermore, more stringent standards
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have been proposed for heavy-duty engines beginning with the 1979 model year.
These standards will require the use of E6R, air injection, and deceleration
throttle control, at a cost of $110 per engine. A slight fuel economy
penalty may be experienced on some vehicles.
Heavy-Duty Diesel Engine Controls
No national cost penalty has been attributed to the 1974 heavy-duty
Diesel engine standards, which will remain in effect through the 1978 model
year. More stringent standards have been proposed beginning with the 1979
model year which will require the use of advanced fuel injection systems.
The cost of these standards 1s estimated to be $120 per engine. A slight
fuel economy penalty may be experienced on some vehicles.
Motorcycles
Standards have been promulgated for motorcycles beginning with the 1978
model year. To meet these standards manufacturers will use improved carbu-
retlon systems and high energy ignitions. In 1980 more stringent standards
will become effective which will require the conversion of many medium and
large two-stroke engines to four-stroke designs.
The emission control techniques used to meet the 1978/79 standards will
Increase the cost of motorcycles by an average of $47. This cost is offset
by a fuel economy benefit of 20 percent over uncontrolled configurations
for a net cost increase of $14. In 1980 the costs of motorcycles may
Increase another $18 but be offset by a fuel economy improvement of 28 per-
cent over uncontrolled, for a net cost increase of $9.
EMISSIONS FROM VEHICLES IN USE
Emission Factor Program
In order to determine the emission performance levels of in-use vehicles
at varying mileage and age Intervals after such vehicles are subjected to
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actual owner use and maintenance, EPA in 1971 began an Emission Factor
Program. The collected emission data are critical to the various air
quality models used by Federal, state, and local agencies to predict ambient
air quality. Each year emission data are gathered from a random sample of
approximately 2000 in-use vehicles in approximately six U. S. cities. The
vehicles are all tested in an as-received condition, i.e., as maintained
by their owners upon delivery for testing.
The study completed in 1976 (termed the FY 74 Emission Factor Program
was the most comprehensive and the most representative to date. Vehicles
were tested in Chicago, Houston, Los Angeles, St. Louis, Washington, D. C.,
Denver, and Phoenix. It was also the first monitoring of in-use 1975 model
year cars of which 70 percent utilized catalyst technology to control emis-
sions. Of the 1975 model year vehicles tested in the 5 low altitude, non-
California cities, 70 percent passed the 1975 HC standard, 51 percent passed
the CO standard, 79 percent passed the NO standard, and 37 percent passed
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all three standards. The mean CO emission level was 29.43 g/mi, almost
double the 15 g/mi CO standard for 1975.
Emission results in California were far better than the rest of the
nation. In Los Angeles the average 1975 car tested emitted 56 percent less
HC, 62 percent less CO, and 4 percent less NOV than the average car in the
A *"
other five cities.
Because of the demonstrated failure of relatively new cars to meet
emission standards (the average accumulated mileage for 1975 cars tested
was 9,000 miles), the EPA Administrator on July 20, 1976, sent a letter to
the presidents of Ford, Chrysler, and General Motors, requesting them to
take voluntary corrective action. The Administrator offered EPA's assess-
ment of the most probable cause for the failure of these vehicles.
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• After receiving responses from the auto manufacturers to his letter of
July 20, 1976, the Administrator sent a second letter on November 24, 1976,
expressing his disappointment that "aggressive new action" had not been pro-
posed by the industry to deal with the in-use problem. The Administrator
asked that the manufacturers initiate a program of encouraging dealers to
make available a quick, inexpensive emission test for each car serviced and
that they tune up vehicles that do not meet the appropriate standards.
Restorative Maintenance Evaluation
After the results of the FY 74 Emission Factor Program had been analyzed,
EPA determined that a further study was needed to precisely determine the
reasons for the failure of model year 75 in-use vehicles to meet emissions
standards. If engine maladjustment was the key reason, as the EPA Admini-
strator had suggested in his letters to the manufacturers, then quantitative
data were needed to choose the most effective correctional action.
In September of 1976 the Restorative Maintenance Evaluation Project
(RMEP) was initiated to evaluate this problem. The basic design of the
project is to test 100 randomly selected vehicles in each of four metro-
politan areas (Washington, D.C., Chicago, Detroit, and San Francisco),
following a four step procedure with each car proceeding to the next step
only if it fails to meet emission standards. The procedural steps are as
follows: (1) an initial emission test of the vehicles in an as received
condition, (2) a test after correction of any obvious and visible signs
of tampering with emission controls which may be detected, (3) a test
after carburetor check and adjustment if necessary, and (4) a final test
after extensive diagnostics, tune-up, and repair as necessary. This part of
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the project will yield data on whether cars can continue to meet emission
standards if properly maintained. Preliminary test results have indicated
that well over three-fourths of all cars tested meet all three emissions
standards after the restoration of emission control components (test 4),
while only about one-third meet the standards in an as-received condition
(test 1). Final results of the study are due in July, 1977.
ASSESSMENT OF MOBILE SOURCE TECHNOLOGY
Motor Vehicles-Current Technology and Future Trends
The number of vehicles equipped with catalysts has continued to
increase, comprising 90 percent of 1977 model year vehicles. Approximately
85 percent of the 1976 model year vehicles had catalysts and for the 1975
model year the figure was 70 percent.
The desire for improved vehicle fuel economy has been the incentive
for increased use of catalysts. The employment of catalysts allows the
carburetor and distributor to be recalibrated for more optimal fuel economy.
Vehicles in the 1977 model year were also equipped with more sophisticated
modulated exhaust gas recirculation (EGR) systems which provide NO control
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with lower performance penalties than were associated with earlier EGR
systems. Manufacturers also used engine modifications (such as revised
combustion chambers, air-fuel ratios and spark calibrations) to improve emis-
sions. Fuel economy was improved in some 1977 models through changes in
carburetion, weight reductions, improved transmissions, and electronic
ignition.
*
Progress in emissions control technology development was demonstrated
in several key areas. A three-way catalyst system was certified for use
on 1977 model year Volvo cars. This system was extremely effective in
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controlling HC, CO, and NO emissions with excellent fuel economy performance
A
and very low sulfuric add emissions. At this time the three-way catalyst
seems to be the most attractive technology for achieving statutory emission
standards or other combinations of low emission levels.
A second area of accelerating research has been the development of all-
electronic control systems for future automobiles. Some components that can
be classified as electronic are already being used on vehicles today. Chrysler's
ignition systems and the Electronic Fuel Injection (EFI) systems found on some
foreign and a few domestic automobiles are examples. All-electronic control
of engine parameters could be expected to permit significant improvements in
emissions reductions, fuel economy, and driveability performance over current
mechanically controlled emission control systems. Much work remains to be
done in this area. Major unsolved problems include the development of inexpen-
sive precise sensors and activators that will withstand the hostile automotive
environment.
Improved warm-up emission control devices and heat conservation tech-
niques are two additional areas of development. Warm-up emission control
is an important area of concern because a disproportionate amount of HC and
CO is emitted during a cold start. Improvements are being made presently
in start-up fuel metering and in the use of start catalysts. Heat conserva-
tion techniques include port liners, low conductivity coatings, and thermal
reactors. Their primary benefit is that they help maintain higher exhaust
gas temperatures in the exhaust systems to promote more rapid light off of
catalysts or reactors and additional oxidation of HC and CO during warmed
up catalyst or reactor operation.
99
8-238 O - 77 - 8
-------
More precise and controllable fuel metering systems, considered to be
a key element in almost every future emission control system, also received
special attention in 1976. Electronic or mechanical fuel injection systems
have received special interest from foreign manufacturers and some interest
from the domestic ones. Work has been performed on advanced carburetion sys-
tems which may prove to be as good or better than today's multiple-point fuel
injection systems. These advanced systems are being investigated for their
feedback control potential and have promise for being integrated into electronic
fuel metering systems for the future.
Characterization of Currently Unregulated Emissions and Alternative Automotive
Fuels
Studies involving unregulated pollutants have continued through EPA con-
tracts and in-house testing. Such unregulated pollutants as platinum, nickel
compounds, nitrogen compounds, sulfur compounds, and polynuclear aromatics,
first emphasized as potential problems in 1975, continued to be studied in
1976.' Additionally, new contracts have been awarded to study hydrogen cyanide
(HCN) emissions from three-way catalysts (at this point, HCN levels are not
considered significant, but further testing is warranted to confirm the
preliminary results), diesel engine exhaust particulates, and diesel crank-
case emissions.
The phase-down of the use of lead anti-knock additives in gasoline and
the requirement for lead-free gasoline by catalyst systems has resulted in
the introduction and expanding use of manganese octane improver additive in
lead-free motor fuels. Concern over potential effects of this fuel additive
upon emission control system performance and durability prompted EPA to
initiate contract studies in this area. Further, the automotive and petro-
leum industries have been put on notice that more data are required to
100
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address the EPA concern and that certification durability fuel will be
required to contain manganese starting with 1979 model year certification.
EPA has also continued to study the environmental consequences of using
alternative automotive fuels. Earlier investigations had determined that
methanol from coal and distillate-like fuels from coal and oil shale were
the most economically feasible alternative fuels for the years 1980 to 2000.
Contracts were awarded in 1974 and 1975 to study the environmental implica-
tions to the motor vehicle fleet of these two possibilities, and work continued
on both in 1976. Additionally, a new contract was awarded in 1976 to test
the emission levels from light-duty diesels when various fuels are utilized.
These fuels would be representative of petroleum blends that would be energy
efficient and optimized from the diesel fleet/refinery overall energy balance.
Aircraft
Studies have continued in support of the regulations which EPA has promul-
gated limiting the emissions of CO, HC, NO , and smoke in commercial and private
/\
aircraft. Current efforts are concentrated in the following areas: (1) improve-
ment of the precision of the emission sampling and measurement techniques
specified in the EPA regulations; (2) assessment of progress by private
industry and other government agencies in development of techniques for
reducing emissions from turbine-powered aircraft; and (3) assessment of
progress by private industry and other government agencies in development
of techniques for reducing emissions from piston engine-powered general
aviation aircraft.
In conducting the above programs, maximum advantage is taken of ongoing
efforts by other Federal agencies active in the aircraft emission area. These
101
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are principally the National Aeronautics and Space Administration, the United
States Air Force, and the Federal Aviation Administration (FAA).
In particular, the FAA has started a new High Altitude Pollution Program
(HAPP) to investigate further the unique emission effects which high-flying
aircraft may have when operating in the stratosphere. EPA is participating
in an advisory role in this work and will assess from the experimental find-
ings whether aircraft regulations already promulgated require modification to
respond to upper atmosphere problems.
Sulfuric Acid Emissions From Catalyst-Equipped Vehicles
As part of his March, 1975 decision to suspend the implementation of
more stringent HC and CO emission standards for the 1977 model year, the EPA
Administrator directed the development and proposal of a sulfuric acid emission
standard for light duty vehicles. Targeted for the 1979 model year, the stand-
ard was intended to prevent any adverse public health effects which might
result from the sulfuric acid emissions of catalyst-equipped cars.
Since that time intensive study of the sulfuric acid emissions problem
has been carried out. The primary focus of this research has been to determine
how much control of sulfuric acid emissions may be necessary to protect the
public health, the most effective regulatory procedures for ensuring the
achievement of that control, and assessment of the technologies available to
both minimize sulfuric acid emissions from the catalyst-equipped motor
vehicle and the amount of sulfur contained in current motor fuels.
The results of these studies and others performed by industry have
indicated that the sulfuric acid emission rates for current (1975 and 1976)
non-California models are substantially lower than was estimated earlier, and
102
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that the initially higher sulfuric acid emission rates of cars designed to
meet the more stringent California HC and CO standards may decrease substan-
tially and rapidly as the vehicles' catalysts age with mileage accumulation.
For this reason EPA has estimated that average light duty vehicle sulfuric
acid emission rates over the next few years will be lower than had been
estimated at the time of the March 1975 suspension decision.
In view of these encouraging results from research on sulfuric acid
emission levels and the fact that uncertainty still remains in many key
areas, EPA announced in April 1976 that it does not expect to propose a
sulfuric acid standard in the immediate future, particularly not for 1979
model year vehicles. EPA studies of vehicle sulfuric acid emission rates,
ambient exposures produced by those emissions, and possible adverse health
effects of sulfuric acid exposure at levels automobiles might produce are
continuing. It is expected that these studies will yield sufficient data
so that in two years EPA can review again the sulfuric acid emission problem
from motor vehicles and determine the need, based on technology in use and
expected to be in use, for a vehicle sulfuric acid emission standard.
103
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VIII. RESEARCH IN MONITORING INSTRUMENTATION
AND QUALITY ASSURANCE
Methods to quantitatively detect pollutants in air are essential to EPA's
abatement and control program. Initially, methods are needed to determine
the extent and causes of a pollution problem and to investigate the health
and welfare effects of the pollutants. When standards and implementation
plans are promulgated, reference or compliance methods must also be promul-
gated for determining achievement and maintenance of the standards.
MONITORING DEVELOPMENTS
Stationary Source Emissions Measurement
Research related to the monitoring of stationary source emissions has
produced a number of technological advancements during 1976. Monitors to
measure chlorinated hydrocarbons (from solvent degreasing and commercial dry
cleaning facilities), hydrogen sulfide in refinery fuel gas lines, and
sulfuric acid mist have been developed and field tested. Previously devel-
oped monitors for nitrogen oxides and sulfur dioxide were successfully field-
tested at nitric acid and sulfuric acid plants, respectively. New instruments
to monitor in-stack particulates are being developed and tested. An uplook-
ing, remote sensing instrument to measure SO^ concentrations in plumes was
developed and field tested. The ROSE (remote optical sensinr of emissions)
system was successfully used to measure carbon monoxide (CO) concentrations
•
over path lengths up to 2 km at an airport. The Lidar system field test
demonstrated that plume opacities could be optically measured.
104
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Mobile Source Emissions Measurement
Research on methods to measure mobile source emissions has resulted in
a number of important developments. Sampling and analytical procedures for
SO^ and sulfuric acid emissions from cars equipped with oxidation catalysts
have been collaboratively evaluated and standardized. The technology has
been transferred to many government and industrial laboratories. Developments
concerning the presently regulated pollutants—nitrogen oxides, carbon monox-
ide, and hydrocarbons — include new methods to measure hydrocarbon emissions
<
from passenger cars. Research efforts are presently underway to develop
methodology for sampling and measuring hydrocarbons and nitrogen oxides in
emissions from aircraft turbines, and hydrocarbon emissions from diesel
engines.
A number of new techniques have been developed to study the emissions
of other harmful pollutants that may be associated with newly developing
catalyst technology. These pollutants include hydrogen cyanide, hydrogen
sulfide, nitrosamines, nitrous oxide, and polynuclear aromatic hydrocarbons.
In addition, new methods have been developed to assess particulate emissions
from heavy and light duty diesel engines, which are being used more and more
because of better fuel economy.
Ambient Air Measurement
Several important developments occurred during 1976 concerning instru-
ments and techniques to measure ambient air pollutants. A new analytical
technique has been used successfully to measure sulfates and nitrates.
The continuing research and application of gas chromatography/mass
spectrometry for measuring trace concentrations of organic vapors has been
a rewarding effort. The technique was used with much success to analyze
105
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for nitrosamines, halogenated hydrocarbons* and carcinogens in samples
collected during a number of field studies.
/
The dichotomous sampler for particulate matter was improved and further
field testing was carried out; it is now being used in many field studies.
The sampler overcomes the major shortcomings of high-volume samplers, namely,
the inability to sample meaningfully for periods of less than 24 hours and
to selectively sample for fine particles.
An improved version of a device to measure low levels of airborne sul-
furic acid mist was successfully used to confirm the presence of sulfuric
acid aerosol 20 meters downwind from a test roadway on which a fleet of
catalyst-equipped vehicles was operating.
Several new instrumental systems were developed to measure ambient
levels of a variety of pollutants, both man-made and naturally occurring.
One system combined gas chromatography with an opto-acoustic instrument
using a C^ laser. The system is useful in measuring gaseous pollutants,
such as ammonia and freons, that have high infrared absorption coefficients.
An ultra sensitive flame photometric detector coupled to a precision
calibration system was developed to measure sub-part-per-billion concentra-
tions of gaseous sulfur compounds. Subsequent field studies indicate that
this methodology can provide reliable background values for S02 and hydro-
gen sulfide.
Other developments include a modified potassium iodide ozone calibration
method that appears to be more accurate and precise than the current Federal
Reference Method and an ambient N02 monitor using flash-induced fluorescence
that provides a direct measurement of Nt.
106
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EPA Designated Reference and Equivalent Methods
The Clean Air Act and Agency regulations require the establishment of
an air quality monitoring system in each non-attainment Air Quality Control
Region (AQCR). The state must develop a monitoring system which uses the
designated Federal Reference Method or one which has been determined by EPA
to be equivalent. Currently fourteen methods have been designated as
Federal Reference Methods or equivalent methods (which include C02, CO, and
oxidants).
Amendments have been proposed to replace the original reference method
for N02 with a new reference measurement principle and its associated calibra-
tion procedure. A related amendment was also proposed to add NCL to the
equivalency regulations. Both of these proposed amendments will be promul-
gated in the very near future. A notice was published in the Federal Register
on October 6, 1976, announcing EPA's intent to evaluate several alternative
calibration procedures for the reference method for ozone measurements.
Quality Assurance
The goal of EPA's quality assurance program is to improve and document
the quality of environmental measurements, ensuring that data collected by
or for EPA is of the highest quality. The program incorporates several major
functions: standardization of measurement methods, distribution of standard
reference materials, publication of procedures and guidelines, evaluation of
on-going monitoring activities, laboratory performance evaluations, and train-
ing and technical assistance. A five year quality assurance plan has been
developed by EPA covering the research and outputs which are needed to support
current and projected air pollution measurement requirements.
The measurement method standardization function provides standardized
and validated measurement systems which are needed to carry out currently
107
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mandated monitoring requirements, and to investigate non-regulated pollutants
such as sulfates, nitrates, carcinogens, and other toxic and hazardous sub-
stances. Standardization involves the development of policies and procedures
for testing and recommending reference methods, thorough evaluation of measure-
ment systems in the laboratory and in field, and collaborative testing of
methods by a group of typical users to determine the precision and accuracy
of data that are produced under real operating conditions. Tables VIII-1 and
VIII-2 list the ambient air quality and stationary source measurement methods
which have been approved by the Agency or are currently under review.
Table VIII-1. Ambient Air Quality Measurement Methods
Tested
Pollutant
Suspended
Parti cu late
CO
so2
so2
N02
N02
N02
Method
High-volume Sampler
Non-dispersive
Infrared
Pararosaniline
Flame Photometric
Chemi luminescent
Sodium Arsenite
Triethylnolamine
Guiacol Sulfite
Continuous Saltzman
In Process
Pollutant
Oxidant
Non-methane
N03
so4
so4
Arsenic
Lead
Method
Chemi luminescent
HC Flame lonization
Colorimetric
Colorimetric
(automated)
Colorimetric
(manual)
Atomic Absorption
Atomic Absorption
Other functions of the quality assurance program provide reference camples
and materials that can be used to calibrate measurement sysatems and to audit
performance of instruments and operators; reports of laboratory performance
108
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VI11-2. Stationary Source Measurement Methods
TESTED
Source
Power Plants
Municipal Incinera-
tors
Cement Plants
Sulfur Acid Plants
Nitric Acid Plants
Chlor-alkali Plants
Ceramic Plants
Municipal Incinera-
tors
Pollutant (EPA
Method Number)
Particulate (5)
S02 (6)
L.
NOX (7)
A
Opacity (9)
Particulate (5)
Particulate (5)
Opacity (9)
so2/so3-
H2S04 Mist (8)
NOX (7)
Opacity (9)
Hg (101)
Be (104)
Particulate (5
revised)
IN PROCESS
Source
Vinyl Chloride
Production and
PVC Fabricating
Plants
Petroleum
Refineries
Sewage Sludge
Incinerators
Phosphate Fertil-
izer
Plants
Aluminum Reduc-
tion Plants
Various Sources
Battery Manufac-
turing
Plants
Copper Smelters
Su If uric Acid
Plants
Pollutant
Method
(EPA
Number)
Vinyl Chloride (106)
H9S
2
Hg
Fluorides
Flourides
PCB's
Pb
As
so2/so3-
(11
modified)
(105)
(13)
(13)
—
—
—
H9SOA Mist (8
C. *T
revised)
109
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and malfunctioning systems; and guidance and technical assistance to audit
data and Improve monitoring capabilities.
Reference samples or materials have been developed for seven pollutants;
SO t NO , particulates (flow measurement), CO, sulfate, nitrate, lead, and
A A
arsenic. Inter-laboratory tests for regulated pollutants are conducted
quarterly, semiannually, and upon demand.
110
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IX. ENFORCEMENT
STATIONARY SOURCE ENFORCEMENT
Section 110 -- State Implementation Plans (SIPs)
The Clean Air Act establishes a stringent timetable for the states and EPA
to abate air pollution. With a few notable exceptions (e.g. sulfur oxide emis-
sion limitations for Indiana and certain particulate and sulfur oxide limitations
for Illinois), all states now have fully enforceable emission limitations for
stationary sources which are the source of the large majority of particulate and
sulfur oxide emissions.
To reach the target levels of air quality, state, local, and Federal
enforcement programs have the responsibility for ensuring that stationary
sources attain and maintain compliance with the SIP emission limitations.
Enforcement responsibilities for state-developed, EPA-approved emission limita-
tions are shared by the states and EPA. The Clean Air Act recognizes that
states have primary responsibility for achieving clean air within their juris-
dictions. When states do not enforce air pollution standards, however, the Act
requires EPA to take action. In accordance with the intent of the Act, EPA's
air enforcement program is designed to ensure that all sources achieve compli-
ance with applicable standards. EPA bolsters state air enforcement efforts by
supporting state agencies through control agency grants, by providing special-
ized skill and expertise or special contractual efforts, and by taking enforce-
ment actions against selected sources when the states cannot or will not enforce.
Ill
-------
Source Compliance Status ~ Enforcement of standards for stationary sources
Is an immense task because more than 200,000 stationary sources are now
subject to the SIP emission limitations. Nearly 22,000 of these are Class A
emitters, a category defined as facilities individually capable of emitting
more than 100 tons of a pollutant each year. As a class, these major sources
produce about 85 percent of all air pollution from stationary sources.
Enforcement programs have thus focused on ensuring compliance by Class A
sources in order to achieve the greatest possible emission reductions in the
shortest possible time frame.
Concentrated efforts expended in this area have resulted in a highly
successful program. By September 1976, the states and EPA had identified
21,731 Class A sources and had brought 20,010 (92%) of these into final
compliance or had placed them on firm schedules leading to compliance in the
very near future. Of these, 18,466 major emitters were in final compliance
and 1,544 were complying with cleanup schedules. Table IX-1 summarizes the
compliance status of Class A emitters by EPA region. The compliance level
is expected to climb to about 95 percent by the end of FY 1977.
In the 9-month period, January 1976 through September 1976, EPA conducted
some 5,269 investigations, including plant inspections, opacity observations,
emission tests, and compliance reports and initiated over 700 formal enforce-
ment actions (Tables IX-2 and IX-3). At the same time, the states undertook
clearly the largest portion of the compliance program, conducting the bulk
of the total nationwide field investigation effort and initiating many
thousands of enforcement actions to bring sources into compliance with SIP
emission limitations.
A detailed listing of EPA enforcement actions dealing with stationary
sources is published twice each year in EPA's semiannual State Air Pollution
Implementation Plan Progress Report.
112
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Table IX-1. COMPLIANCE STATUS OF CLASS A EMITTERS BY REGION
September 30, 1976
EPA
Region
I
II
III
IV
t
i
1
V
VI
VII
VIII
IX
X
Total
Total Class
A Sources
Identified
1156
1822
2750
4571
4095
1916
1793
641
2178
809
21,731
Compliance Status
Sources Complying
With Standards
Or Schedules
1034
1662
2521
4104
3690
1823
1660
601
2121
789
20,010
Sources Violating
Standards
or Schedules
82
123
226
452
351
68
35
37
56
20
1450
Sources of Unknown
Compliance Status
40
37
3
15
54
20
98
3
1
0
271
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TABLE IX-2. STATIONARY SOURCE AIR POLLUTION ENFORCEMENT
JANUARY 1976 - SEPTEMBER 1976
(BY CATEGORY)
300
200
100
— _
'
433
EQ
VIOLATION
.
O
9
*
CONDUCTED
5,269 INV]
INCLUDING
270
PLANT
1
!
!
§
0
i
H '
1
OPACT
EMISS:
COMPL:
„
16
p~| COURT ACTIONS
TOTAL FORMAL
ACI'ia-IS CP/ER
9 MONTHS: 719
STATE IMPLEMENTATION PLANS (SIP) 695
NEW SOURCE PERFORMANCE STANDARDS (NSPS) 17
HAZARDOUS AIR POLLUTANTS (NESHAPS) 7
114
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TABLE IX-3, STATIONARY SOURCE AIR ENFORCEMENT ACTIONS
INITIATED BY EPA REGIONS
JANUARY 1, 1976 - SEPTEMBER 30, 1976
247
146
EPA REGIONS
58
37
79
16
43
39
27
27
II
III
IV
V
VI
VII
VIII
IX
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Overall Reduction in Pollutant Emissions -- A 1976 study for EPA shows that
industry compliance with local, state, and Federal air pollution control
requirements over the period 1970 through 1975 resulted in 22.4 million
tons per year of particulates and 7.4 million tons of SO being controlled
j\
that were not controlled when the Clean Air Act amendments passed in 1970.
These reductions in emissions from stationary sources represent achievement
of about three-quarters of the reduction goal to be reached under full
compliance with existing SIPs for particulates and about one-half of the
goal for sulfur oxides.
The Task Ahead -- The 1,450 Class A sources (7 percent) which still violate
emission standards or compliance schedules and the 271 Class A sources whose
operations must yet be inspected to determine their compliance status consti-
tuted the highest priority task outstanding at year's end. These sources
rank among the most difficult to bring into compliance because they are, for
the most part, large sources such as power plants and steel mills which have
to date demonstrated considerable reluctance to make the necessary commit-
ments to curb their emissions to the atmosphere. Thus, despite decided
progress in SIP enforcement, state and Federal work with respect to large-
source compliance is not yet completed.
Most of the remaining major violators and most of the major sources
of unknown compliance status are located in Air Quality Control Regions
which are not expected to attain the primary (health-related) National
Ambient Air Quality Standards in a timely way, making enforcement against
such sources a priority of paramount importance.
In addition, it is estimated that about 130,000 smaller emitters (each
having potential emissions of between 10 and 100 tons per year) are located
in these areas where standards are not expected to be met.
-------
States and EPA are now conducting extensive analyses to determine the
reasons for poor air quality in each of the non-attainment areas of the
country and will specifically identify for each AQCR those major and minor
sources which are contributing to non-attainment problems. Preliminary
analysis indicates that the minor sources making the largest contributions
to air quality problems include such stationary sources as small industrial,
commercial, and residential boilers; small incinerators, such as apartment
house incinerators; dry-cleaning operations; bulk storage tanks; cement
handling equipment; cotton gins; feed and grain mills; and chemical plants.
As the causes of non-attainment are identified in these complex analyses
and as the problem categories of sources are pinpointed, strategies will be
devised and followed to bring violating sources into compliance and SIPs
will be revised to ensure that appropriate emission limitations are in
effect so that the required ambient levels can be attained.
Problem Major Source Categories Regulated Under Section 110
Several categories of major sources are still posing substantial problems
across the nation by not achieving compliance with emission standards within
the time limits prescribed by the Act. Notable among these sources are coal-
and oil-fired power plants, integrated iron and steel manufacturing plants
and coking facilities, and primary smelters. EPA has undertaken special
efforts to achieve compliance by these sources and continues to bring
pressure to bear on the owners and operators of these plants to reduce
their pollutant emissions to levels specified in the relevant emission
limitations.
In general, these three source categories have the most difficult air
compliance problem because of the amount of control required and the
associated costs of the control techniques needing application. For power
117
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plants, control of sulfur dioxide emissions is the major concern. Flue gas
desulfurization systems (scrubbers) and low-sulfur fuels are two major
approaches to the reduction of power plant emissions. On the other hand,
control of fugitive particulate emissions is the most difficult problem
for iron and steel mills and coke plants. This problem is underscored by
the large degree of non-compliance at coking facilities. For primary
copper, lead, and zinc smelters, control of sulfur dioxide emissions is a
major difficulty; plants producing sulfuric acid are commonly required to
remove the sulfur dioxide from stack gases. These industries accounted for
about one-third of the total -emissions of particulates and over two-thirds of
the total emissions of sulfur dioxide in 1975. For this reason, compliance
by all of these sources is crucial to the attainment of the ambient air
quality standards in many AQCRs.
Power Plants -- Control of emissions from power plants is essential to the
attainment and maintenance of the health-related ambient air quality standards
for sulfur oxides and particulate matter. As a class, the 688 large coal- and
oil-fired plants in the U.S. emit nearly 60% of the total national emissions
of sulfur oxides and are heavy contributors to ambient particulate loadings.
In the fall of 1973, it became increasingly apparent to EPA that
progress to meet applicable state SOY emission limitations by this sector
•A
of industry was lagging severely. At that time more than 7Q% of the coal-
and oil-fired capacity in the nation was being operated in violation of
applicable SIP emission limitations, supplies of low-sulfur coal appeared
insufficient to assure nationwide compliance with SOX regulations, and
utilities were extremely reluctant to use flue gas desulfurization (FGD)
to remove SOX from stack emissions while burning high-sulfur fuels. National
public hearings were held to investigate the utilities' compliance problems.
118
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The hearing panel concluded that the basic technological problems associated
with FGD had been solved or were within the scope of current engineering
and that FGD could be applied at a reasonable cost. At that time 44 such
systems were installed, under construction, or planned around the country.
In less than 3 years, Federal and state enforcement pressure has brought
this total to 116 plants, 30 of which are operational, 21 of which are
under construction, and 65 of which are in various stages of planning.
These units total nearly 44,000 megawatts of generating capacity, repre-
senting about 50% of the estimated FGD-control1ed capacity needed to achieve
full compliance with SOV regulations by 1980.
A
This increase in applications of FGD systems and a concurrent increase
in the use of low-sulfur coal has considerably improved compliance levels
for SO . About 59% of the nation's coal- and oil-fired capacity is now
A
operating in full compliance with SIP SOX limitations or is meeting
Federally enforceable schedules. About 13% is operating in violation and
the compliance status of the remaining 28% is now being reviewed. Many of
these violators and those of unknown status are located in Ohio where a new
SIP for SO was recently promulgated and where a suit was immediately filed
A
under §307 of the Clean Air Act. In addition, a generating capacity
of 64,700 megawatts is not currently regulated due to pending SIP revisions
for SO in Indiana and for both SO and particulate matter in Illinois.
A /\
The compliance picture is better for particulate matter. A total of
82% of the coal- and oil-fired capacity is meeting emission limitations
or complying with schedules to meet these regulations, 16% is out of
compliance or violating compliance schedules, and another 2% is of unknown
compliance status. However, 8% of the capacity listed as in compliance is
119
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not now subject to applicable emission limitations. These plants may soon
be subject to control requirements and will then require considerable
compliance efforts.
Despite the positive accomplishments which have been made in obtaining
compliance from the utility industry, several problems still exist. SIP
revisions have yet to be finalized in Illinois and Indiana, and the plan
recently promulgated in Ohio is still under challenge. This affects
enforcement against 98 plants in these three states alone.
It is expected that court actions will be necessary to resolve some
of the outstanding issues surrounding power plant compliance, but the
fundamental problems of low-sulfur coal shortages and a lack of confidence
in applying FGD technology are now resolved. The utility industry's
attitude toward compliance is much improved over that existing three
years ago. EPA and states are now actively involved in developing
solutions to those remaining problems posed by a number of recalcitrant
power plants.
Primary Non-Ferrous Smelters -- Though small in number, the nation's 27
primary copper, lead, and zinc smelters account for about 10 percent of
the total sulfur oxides emitted by stationary sources. About one-half of
these smelters are located in states where the attainment dates have been
extended to mid-1977. Eight smelters are now in compliance with applicable
regulations or are on schedules to achieve compliance. Four smelters are now
operating in violation of SIP emission limitations for SO or are of unknown
^.
compliance status. These sources are currently subject to enforcement
actions. Of the remaining sources, 13 are located in states having inadequate
SO plans and two are in areas where no SOV regulation is needed. Enforce-
»* X
ment efforts are now centering on developing adequate plans where needed and
on pursuing compliance plans with violators.
120
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SIP regulations require application of reasonably available retrofit
control technology and, if necessary, allow the interim use of Supplementary
Control Systems (SCS) and tall stacks until adequate constant emission
control techniques become reasonably available. Each smelter using SCS
is further required to conduct a research and development program to hasten
the development of such technology.
Iron and Steel Mills/Coke Plants -- There are 214 steel- and coke-producing
facilities in the U.S., most of which are located in areas of the country
where the primary health-related ambient air quality standards for particulate
matter have yet to be attained. The major air pollution sources within these
214 installations consist of 1,005 processes which convert raw materials into
steel (by-product coke batteries, blast furnaces, sinter lines, open hearth
furnaces, basic oxygen furnaces, and electric arc furnaces). During the
past 18 months, EPA's enforcement program has devoted special emphasis to
these major polluting processes. As of Ouly 1976, EPA had taken 99
enforcement actions against these sources (58 formal notices of violation
and 41 administrative orders and referrals to the Department of Justice
for prosecution).
Compliance in the steel industry still lags far behind most other
stationary sources. In September 1976, 483 (48%) of the major steel air
pollution sources had yet to achieve full compliance with emission limits
established under Section 110 of the Clean Air Act compared to a level of
14% for the nearly 22,000 total Class A Sources. To date, state and EPA
enforcement efforts have placed 298 (61%) of the 483 violating steel processes
on schedule to achieve compliance, a level comparable to all Class A sources
where schedules for 1,845 (60%) of the 3,071 Class A violators have been
established. Table IX-4 compares the compliance status of the major steel
processes with all stationary sources. However, major progress has occurred,
121
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Table IX*4. STATUS OF COMPIJ.ANCE WITH EMISSION LIMITATIONS
MAJOR POLLUTION STEEL PROCESSES VS AIL MAJOR STATIONARY SOURCE INSTALLATIONS
SEPTEMBER 1976
Major Steel
Processes
Coke batteries
Sinter lines
Blast furnaces
Open hearth f urnaces
Basic oxygen furnaces
£> Electric arc furnaces
Totals
All Class A Installations3
Total
Number
230
57
195
143
68
312
1,005
21,731
Status of Compliance with SIP Emission Limits
In Compliance
36
23
127
48
30
194
458 (46%)
18,466 (85%)
In Violation
183
33
65
84
33
85
483 (48%)
2,994 (14%)
Unknown Status
11
1
3
11
5
33
64 (6%)
271 (1%)
This comparison shows the compliance status of the steel industry in the most favorable light, since
the compliance status of individual processes within steel facilities is being compared to the status of
total installations with major potential air pollution problems (the source of the stationary source
compliance figures is the EPA formal reporting system; under this system a facility having several
processes, only one of which is in violation or of unknown status, must be classified as in violation
or unknown as a whole).
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especially in the last year. As an example, control of pushing operations
(a major source of fugitive emissions at coke batteries) has increased
steadily so that the number of plants with at least one battery equipped
with a pushing emission control device has risen from less than 3 in 1972
to nearly 20 at the present time. Acceptance of pushing control technology
as well as widespread adoption of stage charging and other control practices
has given the control program substantial momentum.
Although reasons for continued violations at any major steel mill are
complex and related to unique local conditions, the steel industry has
regularly raised a number of issues to argue for more time or for relaxation
of air pollution requirements.
Impact of Fugitive Process Emissions — Fugitive process emissions are
pollutants formed during an industrial process which escape to the air
without having been ducted to a smoke stack. Characteristically, fugitive
process emissions are emitted from portions of the steel making operations
which are difficult to seal or enclose. The steel industry regularly argues
that fugitive process emissions are insignificant in terms of air quality
impact. However, evidence from a number of completed and in-process studies
shows that, while difficult to measure because not confined, fugitive process
emissions have a major environmental impact and can be large in terms of mass
emissions.
Economic Impact — In general, the steel industry has made a variety of
arguments that the cost of controlling air pollution (especially control of
fugitive emissions) far exceeds any benefits. However, it must be recognized
that nearly all major U.S. steel mills were established prior to World War II
and many continue to operate older, less profitable equipment. Therefore,
regardless of pollution control costs, profits for the steel industry are
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among the lowest for principal U. S. manufacturing industries (typically
5% to 10% of net worth). In many instances, a better alternative to the
^
controlling of old, less efficient existing facilities is the construction
of new, better controlled and more productive replacement facilities.
Energy Issues— The steel industry contends that the large amount of
energy needed to abate air pollution conflicts with national energy policy.
In general, EPA has found that the industry estimates of energy needs are
exaggerated, based on the application of the most energy-intensive control
techniques and not considering the recycling of energy.
Control Feasibility -- The steel industry contends that technology for
control of air pollution (especially fugitive emissions) is not available
to meet many emission limitations. Pressure by state and EPA enforcement
programs over the past five years, however, has shown that institution of
improved management procedures and application of existing control tech-
nologies can achieve compliance. In addition, research by both EPA and the
industry into new pollution control technologies has been greatly stimulated
and a number of new, less expensive control techniques are under development.
United States vs Allied Chemical Corporation (Semet-Solvay Division)
On October 29, 1976, sentence was imposed in a major criminal action
brought pursuant to Section 113 of the Clean Air Act (42 U.S.C. 1857c-8)
for violations of an EPA order requiring source compliance with a State
Implementation Plan. The criminal information initiating United States vs
Allied Chemical Corporation (Semet-Solvay Division), Criminal No. 76-14
(E.D. Ky., filed June 10, 1976), alleged 88 violations, occurring on 37
separate days, of an administrative order issued on February 12, 1975 by
EPA's Region IV Office under Section 113 of the Clean Air Act. The EPA
order included compliance schedules for the defendant's two coke batteries
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at Ashland, Kentucky designed to bring these facilities into compliance with
the requirements of the State of Kentucky's implementation plan. Allied
entered a plea of nolo contendere to the criminal information on September 9,
1976. Allied was fined $925,000 for the 37 days its Ashland plant was cited
for violations of the order.
Thus, while numerous violations from various processes are still
occurring at most steel mills, many of these violations are currently
the subject of EPA and state enforcement actions. Compliance by 31 of
the largest integrated mills and major coke plants is of particular importance
due to their large actual and potential impact on air quality. Enforcement
of SIP requirements at 31 major plants has resulted in two successful civil/
criminal prosecutions to obtain compliance and nine Federally enforceable
consent agreements or administrative orders; in addition, source owners for
18 of these plants are now negotiating compliance programs with EPA and
state agencies and two plants are the principal subjects of SIP revisions.
EPA is also conducting several:in-house and contractual studies on control
technologies and cost factors as aids in resolving some of the areas of
conflict with this industry when negotiating compliance plans.
Section 111 -- New Source Performance Standards (NSPS)
By September 1976, the NSPS program had grown to cover 493 new sources
in 24 industrial categories and a national compliance level of approximately
92% had been achieved. In accomplishing this objective, EPA initiated 17
enforcement actions in 1976.
As additional new source categories receive regulatory coverage and
as additional sources now under construction commence operations, the NSPS
program will assume increasing relative importance within the framework of
attaining and maintaining ambient air quality standards.
12S "
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To expand resources available for enforcement, EPA is undertaking
efforts to delegate enforcement authority to state and local air pollution
control agencies. By September 1976, authority to carry out the NSPS
program had been officially delegated to 20 state and 18 local agencies
and proposals for delegation were being discussed with many others.
Section 112 -- National Emission Standards for Hazardous Air Pollutants (NESHAPS)
By September 1976, EPA had determined that 899 industrial sources are
subject to promulgated asbestos, mercury, and beryllium requirements.
Ninety-four percent of these sources are in compliance with the standards.
About 60 additional sources are subject to the new vinyl chloride regulations.
Work is now underway to establish compliance plans for these sources. By
September 1976, 14 states and 20 local agencies had requested and were
delegated enforcement authority for NESHAPS.
Section 119 — Energy Related Authority
The Energy Supply and Environmental Coordination Act (ESECA), which
became law in 1974, mandated the implementation of a national program to
conserve petroleum products and increase the use of coal by major fuel
consumers. The Federal Energy Administration (FEA) is directed to
prohibit certain power plants and authorized to prohibit certain other
major fuel burning installations from burning natural gas or petroluem
products as a primary energy source. Such prohibitions effectively mandate
the use of coal.
For any plant which has received an FEA prohibition order, Section 119
of the Clean Air Act, as amended (Section 3 of ESECA), requires EPA to:
(1) notify FEA that the source will be able to burn coal and comply with all
applicable air pollution requirements without a Compliance Date Extension (CDE),
or (2) in^the absence of such a notification, certify to FEA the earliest
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date by which the source will be able to burn coal and comply with air
pollution requirements, (If a source is ineligible for a CDE, EPA must
still certify to FEA the earliest date such source can comply with air
pollution requirements.) FEA cannot make its prohibition order effective
any earlier than the date certified by EPA.
On June 30, 1975, FEA issued prohibition orders to 74 generating units
at 32 utilities. As of February 1, 1977, EPA has (1) notified FEA that 11
units could burn coal and comply with all applicable air pollution require-
ments without a CDE, (2) certified to FEA that 34 units require upgrading of
existing air pollution control equipment or installation of new equipment '
before burning coal, and (3) issued CDEs to 20 units. Action on 4 units has
been postponed pending revision of the applicable state implementation plan
and action on 5 additional units will be completed shortly. Thus, EPA
has completed action on 65 of the 74 units issued prohibition orders.
MOBILE SOURCE ENFORCEMENT
The Mobile Source Enforcement program is directed primarily toward
achieving compliance with vehicle emission standards, fuel regulations, and
mobile source related aspects of state implementation plans promulgated
by EPA under the Clean Air Act. The activities of the program include
preventing introduction of uncertified new domestic and imported vehicles
into commerce; auditing certification procedures of domestic and foreign
automobile manufacturers; enforcing vehicle assembly line emission test
activity and the recall, warranty, anti-tampering, and imports provisions
of the Act; developing and enforcing Federal regulations for the removal of
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lead from gasoline; and ensuring compliance with transportation control
plans, mobile source related vapor recovery regulations, and inspection
and maintenance programs.
Inspection/Investigation Program
Section 206(c) of the Clean Air Act authorizes the enforcement activities
related to emission requirements for "new" motor vehicles or engines - i.e.,
motor vehicles or engines which have not yet been sold to the ultimate
purchaser. This authority includes right of entry for the purpose of
conducting tests of vehicles in the hands of the manufacturer and for
inspecting records and facilities used by the manufacturer in complying
with the Act and regulations thereunder. Section 208 of the Act authorizes
written inquiries by the Agency in order to determine whether a manufacturer
is or has been acting in accordance with the Act and regulations thereunder.
Since January 1, 1976, mobile source enforcement personnel have
conducted 62 inspections of domestic and foreign motor vehicle manufacturers.
Such inspections include detailed audits of procedures and records and
visual inspection of facilities and vehicles in order to determine whether
manufacturers are and have been acting in compliance with the Clean Air Act
and its regulations.
A total of seven vehicle manufacturer investigations have been
conducted since January 1, 1976, some of which arose from inspections.
These investigations consist of a search of vehicle manufacturer records
and documents and interrogation of individuals to determine whether
violations of the Clean Air Act and its regulations have occurred.
Issuance of requests for production of information pursuant to Section 208
of the Act frequently accompany such investigations and such requests
include requiring the manufacturer to develop emission test data where
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violations may be accompanied by effects on emission performance. Since
January 1, 1976, twelve Section 208 letters have been issued.
Out of the seven investigations, one case was referred to the
Department of Justice for legal action. That referral dealt with Chrysler
Corporation's introduction into commerce of 9,185 vehicles which were not
covered by a certificate of conformity.
Selective Enforcement Audit Program
On July 28, 1976, regulations were published establishing a program
for testing new production vehicles at the assembly line in order to assure
that they comply with emission standards. The program is called Selective
Enforcement Auditing (SEA) and involves the testing, pursuant to an
administrative order and in accordance with the Federal Test Procedure,
of a statistically representative sample of production vehicles from a
specified configuration. If nonconformity is established, EPA may suspend
or revoke the certificate of conformity.
The SEA program is being run on a trial basis until December 31, 1976.
Test orders are being issued but no enforcement sanctions will be imposed
as the result of vehicles failing to meet emission standards. One trial
audit each will be run for American Motors, Chrysler, Ford, and General
Motors.
Starting January 1, 1977, the SEA regulations became fully effective.
Two audit teams will be utilized to conduct a total of twenty audits for
model year 1977.
Recall Program
Section 207(c) of the Clean Air Act authorizes EPA to order recall of
vehicles if they do not conform to emission standards. Since January 1, 1976,
EPA has initiated 28 recall investigations. Thus far in 1976, as a result
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of EPA investigations, manufacturers have initiated recalls on approximately
620,000 vehicles. These recalls are being monitored by EPA.
Warranties and Aftermarkets Parts Program
The warranty provisions of the Clean Air Act are designed to help
assure that manufacturers develop and produce vehicles that meet emission .
standards throughout their useful lives, The production warranty provision
in Section 207(a) of the Clean Air Act requires that the manufacturers
warrant that the vehicle or engine meets applicable emission standards at
the time of sale and is free from defects which, during the useful life,
may cause the vehicle or §ngine to fail to comply with the emission standards.
Although this provision has been in effect since the 1972 model year,
it has proved of little utility to consumers experiencing difficulties
with their vehicle's emission control system. The Agency believes that
this is because consumers do not know with any precision what components
and failures are covered by the Section 207(a) warranty and, when they do
make claims, are unable to sustain the burden of establishing that the
failure is indeed a defect causing the emissions to exceed Federal standards,
as Section 207{a) is generally interpreted to require. To overcome these
difficulties and to make Section 207(a) useful to consumers with legitimate
claims, the Agency intends ultimately to promulgate regulations defining
the coverage of this provision. To provide technical support for this
program, the relationship of defective vehicle components to emissions is
being investigated under contract. EPA also has continued to review
owner's manuals to see that the Section 207(a) warranty is provided to
consumers in language which adequately reflects the statutory intent.
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The performance warranty provision in Section 207(b) of the Clean
Air Act, when implemented, will require a manufacturer to warrant that
properly maintained and used vehicles and engines comply throughout their
useful lives with emission standards when in actual use. This provision has
not been implemented because of the technical difficulty of identifying
relatively quick and inexpensive emission tests which "are reasonably
capable of being correlated" with the sophisticated test used on prototype
vehicles, as Section 207(b) requires. Major activities in this area since
January 1, 1976, include the drafting of proposed test procedures and
warranty regulations for publication in the Federal Register early in 1977.
Anti-tampering Program
Section 203(a)(3) makes it a prohibited act for any manufacturer or
dealer to knowingly remove or render inoperative a vehicle's emission
control system after sale of the vehicle to the ultimate purchaser. From
January 1, 1976, approximately 25 tampering inspections and interviews have
been conducted. Six cases were referred to the Department of Justice for
action. At least eight other cases are being processed for referral to the
Department of Justice. To date, nine tampering cases have been successfully
prosecuted, resulting in civil penalties totaling $9,000.
Imports Program
Sections 203(a)(l) and 203(b)(2) give EPA responsibility for enforcing
compliance of imported motor vehicles with emission standards. In conjunc-
tion with the Bureau of Customs, EPA has monitored importation of an estimated
2-1/2 million commercial and privately owned vehicles since January 1, 1976.
Through that program, 1,200 noncomplying vehicles imported under bond have
been modified pursuant to administrative orders. In addition, 75 nonconforming
vehicles have been exported pursuant to administrative orders. Penalties
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8-238 O - 77 - 10
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totaling $760,000 have been assessed through Customs for noncompliance
with the regulations.
EPA has conducted 33 investigations of alleged illegal importations.
One case was referred to the Justice Department for prosecution.
Fuels Enforcement Program
EPA has responsibility for enforcing Section.21l(c)(l) of the Clean
Air Act relating to the regulation of fuels and fuel additives. On
January 10, 1974, EPA promulgated regulations requiring the general
availability of unleaded gasoline by July 1, 1974, for use in 1975 and
later model cars equipped with catalytic emission control systems.
EPA has established a nationwide Fuels Enforcement Program for
ensuring that affected retail outlets are in compliance with these regu-
lations. This program includes sampling of the fuel at retail outlets
by Regional EPA Field Inspectors and State Inspectors under EPA contract
and the analysis of the samples for lead content.
From January 1, 1976, to September 30, 1976, EPA has conducted
approximately 23,400 inspections of service stations to ensure compliance
with the unleaded fuel regulations. At the stations, 20,800 gasoline
samples were taken, of which about 1.35% were found to be contaminated
with lead. Approximately 3,500 minor violations were also found during
this period. Enforcement has issued approximately 3,125 warnings and 536
complaints and has collected $186,325 in penalties during this period.
Lead Phasedown Program
On December 6, 1973 (38 FR 33734), the EPA issued regulations pursuant
to Section 211 of the Clean Air Act controlling the amount of lead additives
used in gasoline. The original lead reduction schedule limited the average
amount of lead in gasoline to a maximum of 1.4 grams per gallon (gpg) in
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1976, 1.0 gpg in 1977, 0.8 gpg in 1978, and finally to 0.5 gpg by January 1,
1979. These regulations were upheld by the Court of Appeals for the District
of Columbia Circuit in March 1976.
Because of studies indicating that gasoline shortages would result if the
original schedule were enforced, EPA amended the regulations in September 1976.
The amended regulations retain the 0.5 gram per gallon standard, but extend the
period for compliance with that standard from January 1 to October 1, 1979, in
order to permit sufficient time for refiners to install the equipment necessary
to meet the reduced lead level without causing a gasoline shortage. The
January 1, 1978, standard of 0.8 gram per gallon also remains in effect but
will be suspended if a refiner can show that he has taken, and is continuing
to take, sufficient actions in procuring and installing equipment to ensure
the achievement of the 0.5 gram per gallon standard by October 1979 or before.
Separate treatment of small refiners (30,000 barrels per calendar day or less
crude oil capacity) with regard to the final lead level requirement is under
active consideration.
Inspection/Maintenance and Transportation Control Measures
During the past year, EPA has made efforts to assure the implementation
of state inspection/maintenance programs and transportation control measures.
Establishment of these programs will reduce emissions from vehicles in-use
and will help assure that NAAQS for carbon monoxide and photochemical oxidants
are achieved in certain AQCRs.
While Title I gives EPA the authority to ensure enforcement of
inspection/maintenance and of transportation Control Plans, recent Circuit
Court decisions relating to enforcement of these measures have taken
differing views regarding the scope of EPA's authority to take enforcement
actions directed at governmental bodies for failure to implement inspection/
maintenance programs and other transportation control related strategies.
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Stage I Vapor Recovery
Regulations requiring the control of vapors emitted during transfer
operations in the gasoline marketing chain have been promulgated under
Section 110 of the Clean Air Act. Stage I involves the recovering of
vapor emitted during the filling of delivery truck and the subsequent
filling of underground storage tanks. EPA has promulgated Stage I vapor
recovery regulations in 13 air quality control regions.
The final compliance date in most areas was March 1, 1976. In some
cases, this date has been extended until May 31, 1977. EPA Regional
Offices and state and local offices are now beginning a field compliance
monitoring program.
Stage II Vapor Recovery
Regulations to control gasoline vapors during vehicle refueling,
Stage II vapor recovery regulations, were promulgated in the original
State Implementation Plans, under Section 110 of the Clean Air Act, in
late 1973 and early 1974. These regulations specified that 90% of
gasoline vapors emitted during vehicle refueling must be recovered, but
did not include a test procedure for evaluating a system's performance.
In October 1975, revisions were proposed to the regulations. The revi-
sions included establishing a mass emission standard rather than the 90%
recovery requirement and proposed several test procedures to determine
whether a system complies with the standard.
During the past year, the Office of Enforcement developed a short test
that could be used to test the performance of Stage II equipment in the field.
Based on the development of this test, the Stage II vapor recovery regulations
were reproposed in November 1976. The new proposal abandons the earlier system
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certification approach and adopts in-use field enforcement as the primary means
for assuring compliance with the regulatory requirements. The new proposal
also allows small marketers more time than the major oil companies to meet the
regulatory requirements.
Table IX-5 summarizes mobile source enforcement activities for the period
from January 1, 1976, to September 30, 1976.
FEDERAL PROCUREMENT AND THE LIST OF VIOLATING FACILITIES
Legal Authority and Background
Section 306, "Federal Procurement," was designed to utilize the Federal
contract, grant, and loan processes as a means of encouraging compliance with
the Clean Air Act. Section 306(a) prohibits any Federal agency from entering
into contracts to be performed at any facility giving rise to a criminal
conviction under Section 113 of the Act. Section 306(c) empowers the President
to issue an Executive Order requiring each Federal Agency to use the contract,
grant, and loan processes to implement these provisions of the Act and to set
forth procedures, sanctions, penalties, and such other provisions as the
President determines necessary to carry out the section. Section 306(d)
empowers the President to exempt any contract, loan, or grant from the pro-
visions of the section on the basis of paramount national interest. This
section is comparable to the language of Section 508 of the Federal Water
Pollution Control Act of 1972, as amended (33 U.S.C. 1251 et seq).
Executive Order 11738 was Issued on September 10, 1973. The Order imple-
mented Section 306 of the Air Act and Section 508 of the Water Act. On
April 16, 1975, EPA promulgated regulations providing for the establishment
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Table IX-5 MOBILE SOURCE ENFORCEMENT
January 1, 1976 through September 30, 1976
(By Category)
PROGRAM AREA
ACTIVITIES/ACTIONS/RESULTS
Inspection/Investigation
of Auto Manufacturers
62 Inspections
20 Foreign
42 Domestic
7 Investigations
1 Prosecution Referral
12 Section 208 Letters
Tampering
25 Investigations
5 Prosecution Referrals
$350 Civil Penalties
Recall
28 Investigations
12 Manufacturer Initiated
Recalls
620,000 Vehicles
Imports
33 Investigations
1 Prosecution Referral
1,200 Vehicles Modified
75 Vehicles Exported
$760,000 Civil Penalties
Assessed
Fuels
23,400 Service Station
Inspections
20,800 Gasoline Samples
Analyzed
3,125 Warnings Issued
536 Complaints Filed
$186,325 Civil Penalties
TCP/ I/M
6 On-going I/M Programs
46 Section 114 Letters
Sent to Employers
1 Prosecution Referral
2 Orders Issued
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of a List of Violating Facilities which will show those facilities
ineligible for use in a Federal contract, grant, or loan.
The most controversial issue surrounding the regulations concerned
whether EPA had the legal authority to go beyond a Federal criminal con-
viction as a potential basis for listing a facility. Pursuant to Section 306(c)
of the Clean Air Act and sections 1,4, 5, and 7 of the Executive Order,
EPA has taken the position that it has such authority. This position was
upheld in a challenge to the regulations in a water case.
Description of Program
The program established in the regulations published on April 16, 1975,
affects contract, grant, and loan activities of all Federal agencies as of
July 1, 1975. It is facility-oriented, not company-oriented, so that only
the specific facilities placed on the EPA list will be ineligible for use
in a Federal contract, grant, or loan. Facilities will be listed upon a
determination by EPA of continuing or recurring noncompliance with clean
air (or water) standards. However, Federal criminal convictions require
an automatic listing. When Federal criminal conviction is the basis for
listing, removal will not occur until the Administrator certifies that the
condition which gave rise to the conviction has been completely corrected.
State and local criminal convictions and Federal, state, or local civil
adjudications or administrative findings that such facility is in non-
compliance with clean air (or water) standards also may serve as a basis for
listing. In those cases removal from the list will not occur until EPA
enters into an approved plan of compliance which will ensure that the
condition which gave rise to the listing will be corrected. In cases
where a facility has been subject to state or local civil adjudications or
administrative findings, EPA shall only consider listing at the request of
the Governor.
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The program applies to any contract, subcontract, grant, subgrant,
loan, or subloan in excess of $100,000 as well as to any contract of a
lesser amount involving a facility listed on the basis of a Federal
criminal conviction.
In order to ensure due process, no facility will be listed until
its representatives have been afforded an opportunity to confer and
present information to the Director, Office of Federal Activities, EPA
(this is called a Listing Proceeding). If, in turn, a request to be
removed from the list is denied, representatives of the facility will be
afforded a hearing before an EPA hearing officer with fair opportunity to
present evidence and to cross-examine. Regulations governing these hearings
will be published in 1977.
It must be emphasized that the program is an additional arm of the
EPA enforcement effort and is primarily designed to encourage voluntary
compliance and not to penalize a facility. To this end, the possibility
of listing has been raised early in compliance negotiations in many cases,
and it appears that the potential listing of a violator has had substantial
effect on the companies' decisions to come into compliance rather than
enter into litigation.
Implementation Within the Federal Establishment
Pursuant to Section 4 of the Executive Order, each Agency of the
Executive Branch is obligated to implement the listing program through
its contract, grant, and loan activities. Implementation involves
amending the Federal Procurement Regulations (FPR), the Armed Services
Procurement Regulations (ASPR), and any supplemental or comparable
regulations as well as close coordination with EPA to ensure that require-
ments of the program are fully carried out. The ASPR, FPR (which guides
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civilian agencies), and NASA and ERDA procurement regulations have been
amended. Also, agency grant and loan provisions have been amended.
EPA publishes the List of Violating Facilities periodically in the
Federal Register. The first facilities—Del'Monte de Puerto Rico, Inc.,
Star-Kist Caribe, Inc., and Allied Chemical, Semet-Solvay Division, Ashland,
Kentucky—were listed by December 1976. Facilities are being listed both on
the basis of administrative determination of non-compliance by EPA and pur-
suant to a criminal conviction under the Clean Air Act. In addition, contact
points within each Federal agency have been identified to receive EPA's List
of Violating Facilities every time a new facility is added to ensure prompt
implementation.
Under the contract provisions each bidder must certify when bidding
on a particular contract that he is not on EPA's List of Violating Facilities
and that he will promptly notify the contract officer of the receipt of
communication that he is under consideration for listing. If a particular
basis for listing has been identified against a facility but the facility
is not on the EPA list, the Director, Office of Federal Activities, EPA,
may request that an award of a particular contract be withheld for a period
not exceeding 15 days pending completion of an investigation.
COMPLIANCE BY FEDERAL FACILITIES
It is the policy of the Federal Government, as expressed in Executive
Order 11752 (December 17, 1973), that Federal agencies shall provide
leadership in the prevention, control, and abatement of air pollution
through the compliance of their facilities with applicable air quality
standards and emission limitations. To carry out this mandate, the Order
assigns specific responsibilities to the Administrator and the heads of the
Federal agencies. The principal duties of the Administrator are to:
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1. Issue regulations and guidelines to Federal agencies to expedite
compliance with the standards by their facilities;
2. Maintain review of the facilities' compliance; and
3. Coordinate the compliance activities with state and local
agencies.
The heads of Federal agencies have the primary responsibility to:
1. Ensure that their facilities comply with the standards;
2. Cooperate with the Administrator and state and local pollution
control agencies by providing information needed for independent determinations
of the compliance status of the facilities; and
3. Consult with the Administrator and state and local pollution
control agencies concerning the best techniques and methods available for
air pollution control.
While the Executive Order clearly expresses the policy that Federal
facilities are required to comply with substantive standards and limitations,
it also states that it is not the policy of the Executive Branch to require
Federal facilities to comply with state and local administrative procedures
with respect to pollution control. The legality of this distinction between
substantive standards and procedural requirements has been upheld by the
Supreme Court. (See Chapter X - "Litigation")
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X. LITIGATION IN 1976
TRANSPORTATION CONTROL PLANS
As reported in last year's report, the U.S. Court of Appeals for the
Third Circuit held in 1974 that EPA may require states to implement programs
to reduce pollution from private vehicles using public roads. In 1975 the
Fourth and Ninth Circuits took a different position, holding that an attempt
to make, a state administer and enforce programs to control pollution by its
2
citizens is not authorized by the Act and may be unconstitutional. Finally,
the D.C. Circuit held that EPA may compel states to implement some transpor-
tation control measures but not others. The three 1975 decisions have been
appealed to the Supreme Court in the 1976 term by EPA, several states, and an
environmental group. The Court is expected to rule on them this term.
In a 1976 case, the Second Circuit affirmed the right of citizens to
sue a state or local government for compliance with transportation control
measures and other SIP requirements. In this case, the transportation control
measures had been adopted by the state, rather than promulgated by EPA, and
the Court did not address the constitutionality of the measures. A subsequent
District Court opinion held on statutory grounds that certain portions of the
measures in question were unenforceable, but that decision has now been
reversed by the Second Circuit, which ordered prompt enforcement of the
measures in question.
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LEAD POLLUTION
Last year's annual report noted that EPA's lead additive regulations were
invalidated by a 2-1 vote of a panel of the D.C, Circuit. In 1976, the full
Court upheld the regulation, holding that there was sufficient scientific
evidence for EPA to conclude that lead emissions from motor vehicles endanger
public health.6 On June 14, 1976, the U.S. Supreme Court declined to review
the case. The Court of Appeals recognized that many of the public health
decisions before EPA "are on the frontiers of scientific knowledge" and
said that to require absolute certainty of harm before EPA can act would
frustrate EPA's ability to protect the public health and the environment.
The Court, therefore, held that in circumstances where certainty was not
possible, EPA may properly base its regulatory decisions on prudent policy
judgments where factual analysis cannot provide definite answers.
In another decision related to lead pollution, the Second Circuit upheld
Q
a lower court decision ordering EPA to place lead on the list of air pol-
lutants which are regulated under the implementation plan approach. The
Court held that since the Administrator had found that lead is present in the
ambient air resulting from numerous and diverse sources and has an adverse
effect on public health or welfare, he is required to publish air quality
criteria and standards for it and could not choose to use exclusively other
regulatory authorities of the Act.
NEW SOURCE PERFORMANCE STANDARDS
The courts have continued to uphold new source performance standards
promulgated by EPA under Section 111 of the Clean Air Act. The standard
for asphalt concrete plants was affirmed by the D.C. Circuit, which also
held that the public is entitled to notice and opportunity for comment on
EPA's initial decision that a category of sources is a significant contribu-
g
tor to air pollution to warrant regulation pursuant to Section 111.
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PREVENTION OF SIGNIFICANT DETERIORATION (PSD)
EPA promulgated regulations for PSD 1n December, 1974. The PSD regula-
tions are designed to protect afr which 1s cleaner than the minimum ambient
standards 1n many areas of the country. The PSD regulations were challenged
1n court by many parties, Including both Industrial and environmental groups.
In August, 1976, the U.S. Court of Appeals for the District of Columbia
Circuit upheld the PSD regulations against arguments that they were unauthor-
ized and arguments that they were not sufficiently stringent. The Supreme
Court granted petitions for certlorarl on April 4, 1977, and will hear
arguments 1n the Fall unless Congress acts to resolve the Issue earlier.
STATE CONTROL OVER FEDERALLY-OWNED POLLUTION SOURCES
Section 118 of the Clean A1r Act requires Federal facilities to comply
with state air pollution laws. Settling a conflict among lower courts, the
Supreme Court held 1n June, 1976, that Federal facilities only had to comply
with state substantive requirements (I.e., emission limitations) and not
procedural requirements (I.e., permit procedures) under Section 118 of the
Act. The Court said 1t would be an unusual step to subject Federal
facilities to state procedural controls and it could not find congressional
Intent to do so.
EPA AUTHORITY TO REQUIRE STRINGENT MEASURES TO ACHIEVE HEALTH STANDARDS
The U.S. Court of Appeals for the Ninth Circuit upheld the principle
that EPA may promulgate such measures as may be necessary to attain the
health-related ambient standards on schedule even 1f they may be socially
or economically disruptive. EPA recently revoked the gasoline-rationing
12
regulations which were the subject of the suit, but the case Indicates
judicial willingness to treat seriously the legislative demand that the
Act's health standards be attained on schedule.
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ENFORCEMENT AND ECONOMIC AND TECHNOLOGICAL INFEASIBILITY
During~1976, the Supreme Court, in Union Electric vs EPA,13 resolved
the question whether economic and technological infeasibility is relevant to
EPA's review of a state-submitted implementation plan. Acknowledging that
the Administrator's sole obligation in reviewing a SIP is to determine
whether the eight requirements of § 110 of the Act have been satisfied and
that economic and technological feasibility are not among those requirements,
the Court held that "claims of economic and technological infeasibility ...
are wholly foreign to the Administrator's consideration of a state implemen-
tation plan" and that "the Administrator must approve a Plan that attains the
primary standards in three years even if attainment does not appear feasible."
While in Union Electric, the Supreme Court did not address the issue
whether Infeasibility claims may be raised in Federal district court in
defense of an enforcement action, the issue has since arisen in the District
14
Court for the District of Columbia. In Friends of the Earth vs Pepco,
the Court held that "claims of technological and economic infeasibility [do]
not constitute a defense to an adjudication of violation of applicable SIP
requirements." However, the Court did go on to say that such claims may be
considered by the Court in formulating equitable relief.
In a second District Court decision involving employees of a source
scheduled for shutdown pursuant to the terms of an EPA consent decree, inter-
vention by the employees was rejected on the ground that the Court lacked
jurisdiction to grant the relief sought by the intervenors, i.e., postpone-
ment of the already exceeded compliance date contained in the SIP.15 The
case Is under appeal.
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PRE-ENFORCEMENT REVIEW
In two court actions involving EPA enforcement order?, pleadings filed
by the complainants were dismissed by the respective courts. In Fry Roofing
Co. vs EPA, the company sought review of an order issued under authority of
Sections 113 and 114 of the Act which required that certain monitoring
ment be installed. The action was dismissed on the ground that it sought
pre-enforcement review of the order and that the legislative history of the
Act established that such review was impermissible. The decision is being
appealed. In Commonwealth of Puerto Rico vs Train.17 the Commonwealth asked
that the Agency be prevented from enforcing a consent decree on the ground
that the Plan provisions underlying the consent decree might be revised in
the future. Viewing the cause of action as a challenge to the underlying
provisions of the Plan, the Court held that it lacked jurisdiction and dis-
missed the action.
TALL STACKS AND SUPPLEMENTARY CONTROL SYSTEMS
In pre-1975 decisions issued by the Fifth,18 Sixth,19 and Ninth20 Circuit
Courts of Appeals, the use of dispersion technology (i.e., tall stacks and
supplementary control systems) was rejected as a means of meeting ambient
air quality standards. During 1976, a motion for contempt involving the
Fifth Circuit case was dismissed.21 and petitions for certiorari filed in
22
conjunction with the Sixth and Ninth Circuit opinions were denied, seemingly
putting the issue to rest. However, in November of 1976, a District Court
judge in Nevada held that dispersion technology may be used to satisfy
ambient air quality standards where constant controls are shown to be
23
economically infeasible. The decision is being appealed.
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REFERENCES
1. Pennsylvania vs EPA, 500 F.2d 246 {3rd Cir. 1974).
2. Brown vs EPA. 521 F.2d 827 (9th Cir. 1975); Maryland vs EPA, 530
F.Zd Z15 (4th Cir. 1975).
3. District of Columbia vs Train, 521 F.2d 971 (D.C. Cir. 1975).
4. Friends of the Earth vs Carey, 535 F.2d 165 (2d Cir. 1976).
5. Friends of the Earth vs Carey, F.Supp. , 9 ERC 1007 (S.D.N.Y.,
_ July 13, 19>6).
6. Ethyl Corp. vs EPA, 541 F.2d 1 (D.C. Cir. 1976).
7. NRDC vs Train, No. 76-6075, F.2d (2nd Cir. November 10, 1976).
8. NRDC vs Train. 8 ERC 1695 (S.D.N.Y. March 1, 1976).
9. National Asphalt Pavement Association.vet al. vs Train, 539 F.2d 775
{D.C. Cir. iy/t>;.
10. Sierra Club vs EPA, 540 F.2d 1114 (D.C. Cir. 1976).
11. City of Santa Rosa vs EPA. 534 F.2d 150 (9th Cir. 1976).
12. 41 Fed. Reg. 45565, October 15, 1976.
13. U.S. , 96 S.Ct. 2518 (1976).
14. F. Supp. , 9 ERC 112 (D.D.C., 1976).
15. U.S. vs U.S. Steel, CA 75-H-735-S (D.N.D. Ala., June 23, 1976).
16. 415 F.Supp. 799, D.W.D. Mo. (1976).
17. Civil Action No. 76-958 (D.D.C., June 30, 1976).
18. NRJ3C vs EPA. 489 F.2d 390 (CA 5, 1974).
19. Bici Rivers vs EPA. 523 F.2d 16 (CA 6, 1975).
20. Kennecott Copper vs EPA, 526 F.2d 1149 (CA 9, 1975).
21. 529 F.2d 755 (CA 5, 1976).
22. U.S. , April 19, 1976.
23. Kennecott Copper vs Train. Civil LV 76-195 RDF (D.Nev.November 23, 1976).
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