PROGRESS IN THE PREVENTION AND CONTROL OF AIR POLLUTION IN 1977 ANNUAL REPORT OF THE ADMINISTRATOR OF THE ENVIRONMENTAL 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 ------- CONTENTS LIST OF TABLES " 111 LIST OF FIGURES iv PREFACE v I. INTRODUCTION AND SUMMARY 1 II. AIR QUALITY TRENDS 7 Air Quality Trends 7 A1r Monitoring Strategy 11 III. DEVELOPMENT OF AIR QUALITY CRITERIA AND STANDARDS .... 13 Introduction 13 Health Effects Research 13 Terrestrial Ecology Effects of Air Pollution 19 IV. STATUS OF STATE IMPLEMENTATION PLANS (SIPs) 23 Designation of Non-Attainment Areas 23 Review of New and Modified Sources 24 National Ambient Air Quality Standard for Lead 25 Transportation Control Measures 25 Inspection/Maintenance 27 Indirect Source Review . . - 28 Emergency Episode Reporting 29 Permit Fee Regulations 29 V. INTERGOVERNMENTAL RELATIONS 30 Federal Support of State and Local Programs 30 Interagency Cooperation 37 International Collaboration in Control 39 VI. CONTROL OF STATIONARY SOURCES 42 New Source Performance Standards 42 National Emission Standards for Hazardous Air Pollutants (NESHAP) 52 Development of New and Improved Air Pollution Control Techniques for Stationary Sources 52 VII. CONTROL OF MOBILE SOURCE EMISSIONS 59 Introduction 59 Measures Taken to Implement Mandated Title II Emission Standards 59 Motor Vehicle Emission Regulations-Actions Taken in 1977 . 65 Emissions from Vehicles in Use 68 Assessment of Mobile Source Technology 70 ------- CONTENTS (continued) VIII. RESEARCH IN MONITORING INSTRUMENTATION AND QUALITY ASSURANCE ' ". 75 Monitoring Developments 75 Quality Assurance 77 Federal Reference and Equivalent Methods 78 IX. ENFORCEMENT 81 Stationary Source Enforcement 81 Mobile Source Enforcement 94 The List of Violating Facilities 102 Compliance by Federal Facilities 102 X. LITIGATION IN 1977 104 Prevention of Significant Deterioration 104 Timeliness of Challenges to EPA Regulations 104 Hazardous Air Pollutants 105 Transportation Control Measures 105 Pre-Enforcement Review '...-.• 106 Tall Stacks and Supplementary Control Systems 106 Use of Modeling in the Promulgation of SIPs 107 References 108 11 ------- LIST OF TABLES Table Page *v II-1. Oxidant/Ozone Trends in the 90th Percentile of the Annual Hourly Observations 1970-1976 10 V-l. Types of State and Local Organizations Receiving Federal Funds 31 V-2. State and Local Control Agencies Estimated 1975, 1976, and 1977 Expenditures 32 V-3. Estimated Man-Years of Effort Employed by State and Local Air Pollution Control Agencies 34 V-4. Estimated Distribution of Resources Devoted to Air Pollution Control Activities of National Priority by State and Local Agencies in FYs 75-77 35 V-5. Attendance at Short-Term Technical Training Courses and Workshops 36 VI-1. New Source Performance Standards 43 VI-2. Status ;of Section 111 Regulations 44 VI-3. Control Techniques Guidelines for Volatile Organic Compounds Issued in -1977 and Scheduled to be Issued 50 VII-1. Emission Standards for Motor Vehicle Classes (Light Duty Passenger and Trucks) 60 VII-2. Emission Standards for Motor Vehicle Classes (Heavy Duty Trucks and Motorcycles) 61 VII-3. Mean Emission (G/MI) and Percentage of Vehicles Failing to Meet Standards, by Test Point and Pollutant 69 VII1-1. Stationary Source Measurement Methods 76 VIII-2. Ambient Air Quality Measurement Methods 78 VIII-3. List of Reference and Equivalent Methods Established or Revised in FY 1977 79 IX-1. Compliance Status of Major Emitters (by EPA Region). 83 IX-2. Delegation of NESHAP and NSPS Authority to State and Local Governments 92 111 ------- LIST OF FIGURES Figure Page IX-1. Enforcement Actions Initiated by EPA Regional Offices . 84 IX-2. Enforcement Actions Initiated by States 85 IX-3. Inspections Conducted by EPA Regional Offices 86 IX-4. State Conducted Inspections 87 1v ------- PREFACE The Clean Air Act, as amended, authorizes a national program of air pollution research, regulation, and enforcement activities. This program is directed at the Federal level by the U.S. Environmental Protection Agency (EPA). However, primary responsibility for the prevention and control of air pollution at its source continues to rest with state and local govern- ments. 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 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. This report covers the period January 1 to December 31, 1977, 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 since the last report. In addition, 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). ------- I. INTRODUCTION AND SUMMARY AIR QUALITY TRENDS In many areas of the country the general downward trend in total suspended particulate (TSP) levels tn the early 1970s was followed by an upturn in 1976. In many cases these increases can be attributed to meteorological conditions. National trends for sulfur dioxide ISOgJ are stable now, compared to the downward trend of the early 1970s; violations of the SOo standard are generally confined to the areas around a few specific sources. The nationwide data base for monitoring carbon monoxide (CO) continued to expand in 1976. Over half of the 1975 sites showed improvement in 1976. Photochemical oxidants (0Y) are one of the most serious air pollution A problems in the country. California monitoring sites are nearly equally distributed between increased oxidant levels, reduced oxidant levels, and no change; sites in other states have a slightly greater tendency towards increasing levels. Except for the California sites, nitrogen dioxide (NOo) monitoring sites showed almost twice as many sites with up than down patterns (145 to 77). These sites, however, had only three years of data so long-range trends cannot be shown. Uf the 42 California sites, 19 showed decreases and 19 showed increases in N02 concentrations. The Standing Air Monitoring Work Group (SAMWG) continued its evalua- tion of ambient air monitoring requirements. The major recommendations included: 1. a network of State and Local Air Monitoring Stations (SLAMS) determined by state and local air pollution control agencies to meet tneir needs. 2. a small core of National Air Quality Trend Stations (NAQTS) to meet national needs for air quality trend and SIP evaluations. ------- 3. a plan for Special Purpose Monitoring (SPM) to augment data from NAQTS and SLAMS. DEVELOPMENT OF AIR QUALITY CRITERIA AND STANDARDS .. Air quality criteria documents were issued for particulate matter, sulfur oxides, hydrocarbons, photochemical oxidants, carbon monoxide, and nitrogen oxides from 1969 to 1971; primary and secondary standards for these pollutants were established on April 30, 1971. In December, 1977, EPA proposed a national ambient air quality standard for lead. EPA has continued to support research which provides a current basis of revaluation of the present criteria and ambient air quality standards. The health effects research program includes studies in four areas: criteria pollutants, non-criteria pollutants, transportation-related pollutants, and non-pesticide organic and inorganic substances found in the air. Research on ecological effects have focused on the effects of S02 on crop yields; the effects of acid rain; the synergistic effects of sulfur dioxide and ozone; and pnotochemical oxidants. In September, 1977, EPA published the first draft of the updated Air Quality Criteria for Photochemical Oxidants and Oxidant Precursors. STATUS OF STATE IMPLEMENTATION PLANS (SIPs) The Clean Air Act Amendments of 1977 require the states to designate the attainment status of areas within their boundaries by December 5, 1977. EPA must evaluate tnese designations and publish a list of area designations by February 3, 1978. A SIP revision must be submitted for nonattainment areas by January 1, 1979, and it must show attainment by December 31, 1982. An extension until December 31, 1987, is possible for photochemical oxidants and caroon monoxide. The 1977 Clean Air Act Amendments reinforce the December 21, 1976, Interpretative Ruling on new source review. This ruling allows major sources to locate or modify existing operations in non-attainment 'etreas but only after restrictive emission controls have been applied and more .than equiva- ^ lent offsetting emission reductions from existing sources have been made. ------- INTERGOVERNMENTAL RELATIONS In 1977, 55 state and territorial agencies and 230 local agencies expended approximately $174 million and over 7000 man-years to carry out the major portions of the regulatory and enforcement aspects of the national air pollution control effort. EPA provided financial assistance to 54 state agencies and 116 local agencies. The Clean Air Act Amendments of 1977 require greater interagency coordination, both between state, local, and Federal officials and between EPA and other Federal agencies. In particular, close coordination is called for between EPA and the Departments of Housing and Urban Development (HUD) and Transportation (DOT). Federal land managers are also heavily involved in the prevention of significant deterioration. EPA continued its international environmental involvement in 1977. EPA participated in international organizations such as the Economic Commission for Europe, the Organization for Economic Cooperation and Development, the World Health Organization, and NATO on .topics including long-range transport, flue gas desulfurization and chlorofluorocarbon emissions. EPA has also entered into bilateral air pollution projects with Canada, Mexico, Japan, Germany, USSR, Egypt, Poland, and Yugoslavia. CONTROL OF STATIONARY SOURCES Through 1977, 83 new source performance standards have been published for 22 source categories and 63 affected facilities. A great deal of emphasis in 1977 was given to the preparation of guidance materials which reflect reasonable available control technology (RACT) for volatile organic chemicals. Amendments to both the vinyl chloride and asbestos NESHAPS were prepared in 1977 and benzene was listed as a hazardous pollutant. Research efforts for improved air pollution control techniques have emphasized flue gas desulfurization, both regenerable and nonregenerable systems; other systems to reduce SO emissions, including the fluidized A bed combustion process; combustion modification for control of NO emis- ^\ sions; and fine particulate control. ------- CONTROL OF MOBILE SOURCE EMISSIONS The major element of the program for the control of motor vehicle emissions is EPA's Federal Motor Vehicle Control Program (FMVCP). During 1977 EPA tested for certification the 1978 model year vehicles. This required testing vehicles from 50 manufacturers and involved conducting 2200 emission tests. EPA also tested approximately 900 vehicles to determine their fuel economy rates. EPA promulgated regulations prescribing more stringent gaseous emis- sion standards for heavy-duty gasoline and diesel-powered vehicles for the 1979 and later model years. Standards for motorcycle emissions of hydro- carbons and carbon monoxide were published in January, 1977. The Restorative Maintenance Evaluation Project, designed to determine why many in-use automobiles do not meet emission standards, was completed in 1977. The project indicated that idle mixture maladjustments are largely responsible for failure to meet the hydrocarbon and caroon monoxide standards, and that improved emission performance does not harm fuel economy. Three-way catalyst systems have begun appearing on certified vehicles in growing quantities and appear to be the systems considered most seriously for future applications. All-electronic control systems for future automo- biles is another area of accelerated research. RESEARCH IN MONITORING INSTRUMENTATION AND QUALITY ASSURANCE Reference methods pertaining to new source performance standards were revised on August 18, 1977. Methods and instrumentation were developed to measure emissions of polychlorinated biphenyls (PCBs), hydrogen sulfides, fluorides, as well as other pollutants. For mobile sources, a reference procedure capable of measuring individual hydrocarbons in diesel-powered vehicle emissions' was developed, as well as-improvement of procedures for measuring hydrogen cyanide. Ambient measuring methods were developed in 1977 for lead, PCBs, ozone, and asbestos. A five-year quality assurance plan was published in July, 1977. A new Federal reference method for N02 was promulgated on December 1, 1976. A short-term continuous NO- standard measurement method was also developed. ------- ENFORCEMENT X Stationary Source Enforcement Enforcement of standards at stationary sources has focused on the 23,000 major emitters which account for about 85 percent of all air pollution from stationary sources. As of October, 1977, over 20,000 were operating in final compliance and nearly 1,300 more were on enforceable compliance schedules or orders, representing a compliance level of 94 percent. From October 1, 1976, to September 30, 1977, EPA conducted over 2,300 plant inspections and 662 formal enforcement actions; the states were responsible for 26,000 field inspections and the initiation of over 15,600 enforcement actions. Despite this enforcement activity, more than 1,200 major sources remain in violation of emission standards or compliance schedules. Mobile Source Enforcement EPA conducted 85 inspections and investigations of auto manufacturers and 71 investigations of tampering with vehicle emission control systems which resulted in 34 prosecution referrals. As a result of EPA investiga- * tions, manufacturers have initiated recalls of 5.6 million vehicles. There were 40 investigations of alleged illegal importations. In FY 1977, there were 29,847 service station inspections for lead content in fuels. As a result, 747 complaints were filed and $226,865 in civil penalties were assessed. The List of Violating Facilities Consent agreements were reached with three facilities in 1977 after the process of designating them as violating facilities ineligible for Federal contracts was begun. These facilities were Kaiser Steel Corpora- tion, Fontana, California; U.S. Steel South Works, Chicago; and Interlake Steel, Chicago. Compliance by Federal Facilities As of November 1, 1977, 68 (17 percent) of the 393 major Federal facilities were out of compliance with emission limitations. Forty- five of these non-complying facilities are on approved compliance schedules. ------- LITIGATION IN 1977 Decisions are pending on the use of dispersion techniques as opposed to constant controls systems, on the legality of EPA regulations requiring states to implement measures to reduce air pollution from private vehicles using public roads and on the use of air quality dispersion modeling as a basis for regulation. Among the important court decisions in 1977 was a decision by the U.S. Court of Appeals for the Second Circuit that a state and its sub- divisions can be required to implement transportation control measures < in a SIP, at least when the measures had been adopted by the state itself. ------- II. AIR QUALITY TRENDS AIR QUALITY TRENDS Total Suspended Particulate (TSP) During the 1970s there has been nationwide improvement in TSP concen- trations. Many areas continued to improve in 1976. Of the TSP trend,sites with complete 1975 and 1976 data, 54 percent of the sites that were above the primary TSP standard in 1975 continued to show improvement in 1976.. The general pattern for 1970-1976 shows stability for the lower con- centration sites and more pronounced improvement for the higher concentra- tion sites. During this time period the overall rate of improvement was slightly less than four .percent per year with more marked improvement in the Northeast and Great Lake regions. There was fairly consistent improvement from 1970 to 1976 with 72 percent of the sites having decreases in ambient TSP levels. Because a>r pollution control strategies are designed to reduce levels at locations exceeding the National Ambient Air Quality Standards, more pronounced improvement would be expected for the sites with higher concentrations. For those sites with 1970-1973 averages above the annual primary standard, 81 percent showed improvement. Although all areas had improved TSP levels in the 1970-76 time period, trends in the western areas of the country were generally less pronounced. In many cases this geographical variation is attributable to a difference in the nature of TSP problems. Windblown dust is an important component of TSP levels in the West and is more difficult to control than emissions from traditional sources. The general downward trend in TSP levels in the early 1970s was fol- lowed by a reversal in 1976 in many areas of the country. Based upon changes between comparable quarters in 1975 and 1976 for these TSP trend sites, 53 percent of these comparisons showed increases. Over half the ------- states had more increases than decreases between 1975 and 1976. There ^ • were distinct geographical differences—the Southeast, Midwest, and toest generally recorded increases. The widespread pattern of these increases suggests that some common factor was involved. Because no general increases in particulate emissions throughout these areas occurred in 1976 and there were no widespread changes in sailing methodology, meteorological conditions would be the likely can- didate for explaining these increases. Many state agencies ranging from the Midwest to Washington and California have cited meteorology as the main reason for-these TSP increases in 1976. Large areas of the country ex- perienced drought during 1976 and these extremely dry soil conditions increase the likelihood of wind blown dust contributing to ambient TSP levels. Dry soil conditions did, in fact, exist in these general areas that had TSP increases. Sulfur Dioxide (SO?) The entire sulfur dioxide picture has changed in the 1970s. The early 1970s saw dramatic decreases in ambient sulfur dioxide levels in the nation's urbanized areas. Since then the national trends have been much more stable and violations of the sulfur dioxide standard are generally confined to local areas around specific sources. In comparing changes between 1970-1973 and 1974-1976, 64 percent of the sites remained below 26 ug/m3 throughout. For the other sites, 51 percent showed improvement and 23 percent reported increases. In contrast to TSP, levels between 1975 and 1976 are relatively stable with 11 percent of the sites increasing, 12 percent decreasing, and 76 percent either showing no 3 change or remaining below 26 ug/m . As in the case of TSP, meteorology is likely to have an effect on short-term changes. For sulfur dioxide, heating degree days are an important meteorological parameter and reflect fuel usage for space heating. Therefore, short-term increases may be due to changes in emis- sions associated with varying meteorology. This type of effect was seen in Minnesota where fall quarter sulfur dioxide levels in 1976 were 17 percent higher than the corresponding quarterly averages for 1973-1975; at the same time, heating degree days increased 23 percent due to colder weather, 8 ------- Urban sulfur dioxide levels have traditionally been higher in the Northeast and Great Lakes areas due to emissions associated with space heating. However, New England had no violations of the sulfur dioxide standards in 1976. In Michigan, only four counties-reported violations of the sulfur dioxide standards. In Illinois, 1976 was the first year in the history of the Illinois E>A that no site violated the sulfur dioxide annual primary standard. The general improvement in sulfur dioxide levels is indicative of trends in urban areas. At the present time, the remaining problem with attainment of the sulfur dioxide standard is primarily associated with specific sources impacting their surrounding areas. The EPA has not yet taken action to control ambient sulfate levels or acid rain. Carbon Monoxide (CO) There has been general improvement in carbon monoxide levels through 1976. The historical data base for CO is very limited compared to TSP and sulfur dioxide. However, the nationwide data base continues to ex- pand as a result of the increased monitoring activities of state and local agencies during the 1970s.' For example, in 1975, 102 sites had three or more years of data while 202 sites met the criteria in 1976. California, with its well established monitoring program, remains the major contributor to the CO data base with 59 sites qualifying as trends sites. During the 1970-1976 period, approximately three-fourths of the CO sites showed improvement. In comparing 1975 and 1976 values, 52 percent of the sites showed improvement, 39 percent had increases, and 9 percent were unchanged. Forty-nine percent of the sites reported their all time low value in 1976. Photochemical Oxidants (Oj ^ Photochemical oxidants are one of the most serious and pervasive air pollution problems in the country. In 1975 86 percent (356 of 416) of the oxidant sites reporting to the National Aerometric Data Bank exceeded o the National Ambient Air Quality Standard (NAAQS) of 160 ug/m not to be exceeded more than one hour per year. ------- The amount of oxidant trend data available remains limited for most areas due to the absence of data prior to 1972 or 1973. The overall data picture is getting better with the number of trend sites steadily increasing nationwide. For example, last year there were about 20 trend sites outside of California; there are now 112 sites meeting EPA criteria. In total, 174 sites representing 34 states qualified for the trend analysis - 62 of these in California together with the 112 sites in other states. Almost one-half of the California sites were located in the immediate Los Angeles (15 sites) and San Francisco (8 sites) metropolitan areas. Table II-l shows the distribution of 3 categories of trend direction (down, no change, up) by California and other state sites. The overall picture obtained from the California sites is one of a steady unchanging pattern of oxidant concentrations from 1970-1976. The sites outside California show a little more tendency for increasing patterns—55 sites with "up" patterns and 46 sites with "down" patterns. Eleven sites showed "no change" patterns. For the most part, these sites represent only three years of data. Therefore, assessing the significance of these patterns is difficult. Table II-l. OXIDANT/OZONE TRENDS IN THE 90th PERCENTILE OF THE ANNUAL HOURLY OBSERVATIONS 1970-76 Direction of Trend Down No Change Up Total California Sites 24 16 22 62 ( 39%) ( 26%) ( 35%) (100%) Other State Sites 46 11 55 112 ( 41%) ( 10%) ( 49%) (100%) Total 70 27 77 174 ( 40%) ( 16%) ( 44%) (100%) Nitrogen Dioxide (N00) •«KBBB__>^Bw^_v«_v*^B«i^Mm_MB^v._£ Trends in the annual mean concentrations of nitrogen dioxide are avail- able for 276 sites throughout the country for the period 1970-1976. Forty- two of these sites were located in California. 10 ------- Among the 42 California sites, 19 showed decreases and 19 reflected increases in concentration. Other states, however, show almost twice as many sites (145 to 77) with up then down patterns. Most of these sites (228 out of the 234), however, had only three years, of data so that it is impossible now to draw any definite conclusions from these findings. AIR MONITORING STRATEGY In September, 1977, EPA published the final report, "Air Monitoring Strategy for State Implementation Plans," which was prepared by the Standing Air Monitoring Work Group (SAMWG), composed of EPA and state and local control agency personnel. The SAMWG identified several areas where monitoring deficiencies exist. The major areas of concern included: (1) In some cases, more monitoring stations are being reported to the national data bank than are necessary. (2) Existing regulations do not allow states sufficient flexibility for short term studies. (3) Resource constraints and diversity of data needs frequently result in untimely or incomplete reporting of air quality data. (4) Lack of uniformity in station location and probe siting, sampling methodology, quality assurance practices and data handling pro- cedures have resulted in data of unknown quality and comparability. The SAMWG prepared a set of recommendations which are being adopted by EPA. The recommendations include: (1) An expanded quality assurance program. (2) A modification to existing monitoring regulations to provide for: a. A carefully planned network of State and Local Air Monitoring Stations (SLAMS) whose size and distribution is largely determined by the needs of state and local air pollution control agencies. b. A small but well-defined core of National Air Quality Trend Stations (NAQTS) to minimally meet national needs for trend and SIP evaluations. c. A plan for Special Purpose Monitoring (SPM) tailored to augment data from NAQTS and SLAMS. 11 ------- (3) A revision to existing ambient reporting regulations which would limit the data being submitted to the National Air Data Bank to that which is necessary for national assessment of trends and development and evaluation of national control policies. During FY 1978 the EPA Regional Offices and the states will cooperatively develop state plans for implementing SAMWG's major ambient air monitoring recommendations. Since some agencies will require significant changes in their air quality surveillance activities, full implementation of the above accomplishments may require 3-5 years. New requirements of the Clean Air Act are also being added to the ambient monitoring regulations which will require the states to report to the public on the daily air quality in all major urban areas through the use of uniform air quality criteria and methodology and a uniform air quality index. The revised regulation's proposed index is the Pollutant Standards Index which was developed through the efforts of the Federal Task Force on Air Quality Indicators. 12 ------- III. DEVELOPMENT OF AIR QUALITY CRITERIA AND STANDARDS INTRODUCTION Air quality criteria documents were issued for particulate matter, sulfur oxides, hydrocarbons, photochemical oxidants, carbon monoxide, and nitrogen oxides in the period from January, 1969, through January, 1971. On April 30, 1971, subsequent to issuance of the criteria, EPA established 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. The maximum 24-hour concentration published as a guide for implementation plan development purposes was deleted. EPA also pro- posed an ambient standard for lead in December, 1977. These revisions have been the only changes to the Federal criteria and standards to date. Reevaluation of the criteria and the NAAQS was mandated by the 1977 Clean Air Act Amendments, and EPA has developed a schedule for complying with this requirement. The 1977 Clean Air Act Amendments require EPA to set a short-term N02 standard, if warranted, by August 8, 1978. 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 stand- ards and guidelines. EPA health effects research is specifically designed to identify pollutants which may pose a risk to health, to quantify the relationship between exposure to those pollutants and their effects on health, and to document the benefits of reducing or eliminating human exposure through pollution control. 13 ------- In the health effects research program, data bases are developed for determining whether restricting exposure to particular pollutants is neces- sary to protect public health and, if so, to what degree exposure should be restricted. To do this, a combination of research approaches is used: toxicological studies which utilize animal models, controlled human studies, and epidemiological studies of human populations in their actual environ- mental settings. Each of these study areas provides an important set of data to assess possible adverse health effects that might result if humans are exposed to air pollutants. In the toxicologic studies, animals are exposed to both high and low . concentrations of selected pollutants and combinations of; pollutants under various experimental conditions. These results provide indications of whether there is likely to be an acute and/or chronic adverse effect if people are exposed to the pollutants. The laboratories use and are developing new rapid and less expensive screening techniques to identify those compounds that are important candidates for whole animal toxicologic studies. For those pollutants that can be tested on human subjects (the Agency has been and continues to be extremely conservative in any human testing programs), the toxicologic results are used to help design the human studies. The toxicologic studies will indicate how, where, and at what concentrations humans are likely to show responses to the pollutant exposure With the toxicologic and controlled human studies, dose-response curves can be constructed that are important for establishing safe ambient air levels of human exposure to the pollutant(s) under study. The epidemiologic study area provides important data for health effects-based air standards. Here, real world data are obtained, whereas in the laboratory real world conditions are only simulated. However, the many compounding variables such as smoking, occupation and diet present in the real world make the results obtained from epidemiologic studies semi- quantitative at best. By having good toxicologic. and controlled human exposure health effects data, the epideraiologic studies can be designed to focus on those biological indicators that are sensitive to variations in the concentration of the pollutant of interest. 14 ------- The health effects research program is divided into four pollutant areas: studies on criteria pollutants, non-criteria pollutants, pollutants associated with transportation activities, and non-pesticide organic and inorganic substances found in air. Criteria Pollutants Criteria pollutants are those for which. National Ambient Air Quality Standards (NAAQS) have been set under §109 or have been listed under §108: carbon monoxide (CO), sulfur dioxide (S02)» nitrogen dioxide (NOo), particulates (TSP), hydrocarbons (HC), photochemical oxidants (0 ), and rt lead (Pb). The Agency is continuing to obtain health effects information on these pollutants in several areas, such as exposure averaging times (i.e., 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. Recent investigations indicate that exposure to 1200 ug/m (0.6 ppm) ozone for 2 hours, coupled with moderate exercise, produces significant pulmonary complaints as well as significant decrements in pulmonary functions. Most subjects exposed to ozone complained of cough, substernal chest pain, shortness of breath, and a decreased ability to maximally inspire. A few subjects continued with symptoms several hours post-exposure. Animal toxicologic studies were conducted on N0~ to evaluate whether the mode of exposure might play an important role in the toxicological effect of NO-. Investigators used continuous and intermittent animal exposure studies to determine the relationship between biological response and length of exposure to various concentrations of N02- When a constant dose level was employed, exposure to a high concentration administered over a short period produced a greater effect than exposure to a lower concentra- tion administered over a longer period. Results of these studies indicate that the frequency and amplitude of short-term peaks are of significance even though the exposure is interrupted with periods of zero concentration of N02. In the area of carbon monoxide health effects all projected tasks dealing with human behavior have been completed and performance data 15 ------- analyzed. These EPA studies were factored into a comprehensive literature review and critique indicating ambient CO concentrations do not significantly impair human behavior and task performance. The Dallas Traffic Study, designed to determine- the relationship between automobile traffic density and the body burden of lead and to determine the effects of varying traffic conditions on air lead levels, is completed. Statistically significant relationships between traffic density and airborne lead levels were observed. (Additional discussion of research dealing with lead is included in the section on inorganic and organic substances below.) Non-Criteria Pollutants Non-criteria pollutants are those for which no NAAQS 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. Most of the researcn effort has focused on sulfates. This work includes developing and obtaining data from oiological screening systems, determining the metabolic pathways and target organs, understanding responses and mechanisms, and establishing dose-response data. Within each area, consideration was given-to the various sulfate compounds and their relative toxicities, cation-anion relationships • (positively and negatively charged ions), compound physical characteristics such as size and bioavailability, concentration and time duration of exposure, and combined or synergistic effects with other pollutants. Tentative results indicate that the cation is an important contributor to compound toxic effects because the cation may enhance the absorption of the sulfate ion into the cells of the lung. Other data indicate that the irritant effects of sulfuric acid are associated with the submicron sulfuric acid particles. Further data indicate that the deposition location of sulfuric acid in the lungs is similar to that region of the lung where irritation from deposited material results in coughing, bronchitis, and asthma. 16 ------- A series of animal toxicology projects studied the effects of the sulfuric acid (H2$04) alone and in combination with other substances on the host's defense mechanism. Combinations were studied because they sometimes have additive or synergistic adverse health effects .worse than might be predicted from the study of either substance alone. Animals exposed sequentially to ozone (03) and H^O^ and then to an aerosol of micro-organisms suffered an increase in mortality although neither pollutant alone caused an increase. Long-term exposure to H2S04 adsorbed onto carbon resulted in increased susceptibility to infectious disease. In a study aimed at understanding carcinogenic effects, lung tissue exposed to S02 in combination with benzo(a)pyrene (a hydrocarbon) showed that benzo(a)pyrene changed to end-products which differed from those found when lung tissue was exposed to benzo(a)pyrene alone. This result is being pursued. In-house studies on sulfuric acid aerosols evaluated the effects on humans of a range of particle sizes and concentrations. Extramural work extended the range of particles studied to provide a data base which more closely resembles conditions found in the ambient air. In support of obtaining accurate measurements of what the individual study population subjects are exposed to, instrumentation for in situ sulfur particulate measurement and species characterization was evaluated. The fraction of respirable sulfates was determined by comparison of 24 hour sulfate samples from high volume samplers with samples from the CHAMP (Community Health Air Monitoring Program) respirable sampler. Human exposure models are being developed for sulfates and other pollutants to estimate the variability in exposure due to mobility and time spent indoors and outdoors. Work is continuing to develop biological indices for quantifying specific human health effects from exposure to sulfur-containing atmospheric pollutants. Potential sites for sulfate epidemiological studies are being reviewed to identify areas where sulfate levels and human health effects can be quantitatively related. When this groundwork is completed, the study populations will be selected. Using biological indicators that are sensitive to sulfate pol- lutant exposure, the epidemiologists will attempt to relate ambient sulfate levels and adverse health effects, if there is any relationship. 17 ------- Transportation-Associated Pollutants The purpose of the research program on transportation-associated pol- lutants is to develop a comprehensive data base to evaluate the public health consequences of non-regulated poliutants from mobile sources. The principal effort in 1977 focused on sulfuric acid emissions from oxidative catalyst control devices. Animal toxicologic studies were conducted to develop information on the effects that were observed at various concentra- tions of inhaled sulfuric acid. The effects studied included increased susceptibility to pulmonary bacterial infection. Animals were also exposed to dilute exhaust from a catalyst-equipped light duty engine. The pulmonary effects of inhaled combinations of sulfuric acid and metal sulfates were studied and sulfuric acid mist concentrations in the lung were measured. The second annual Catalyst Research Program Report was completed and represents a comprehensive compilation of information obtained by the research program on mooile source emissions. The work includes data on emission characterization, atmospheric chemistry, and physics of mobile emission products with consideration given to meteorology and other atmos- pheric factors; air quality modeling; analytical instrumentation develop- ment; animal toxicology; and human population effects. Pollutants of concern include sulfuric acid, platinum, and palladium. The data obtained is being provided to appropriate sectors of the Agency to indicate the public health implications of non-regulated mobile source pollutants. Inorganic and Organic Substances Research is being conducted to determine the threat to human health from exposure to heavy metals including lead, copper, zinc, and other substances not classified as pesticides. An attempt is being made to identify the population-at-risk and specific health effects. The present empnasis of this program is to identify high exposure populations preceding extensive nealth effects studies. This is being accomplished oy relating the human body ourdens of inorganic metals to environmental exposure of individuals living in areas of high traffic density or residing near lead, copper, or zinc smelters. IS ------- An assessment of exposure-effects relationships is being made using laboratory animals. These studies involve heavy metals or other nonpesti- cide substances which have been identified as potentially harmful to human health. Emphasis is on chronic, low-level exposure of animals through several generations to assess the teratologic, reproductive, and behavioral effects of the stresser. In addition, whole-oody retention, organ distri- bution, and in vitro investigations complement these dose-effects studies. TERRESTRIAL ECOLOGY EFFECTS OF AIR POLLUTION With increased national dependence on fossil fuels, agricultural pro- duction could suffer severe yield losses if air quality standards continue to be established on tne basis of constant non-variable S02 concentration experiments. Extensive and repeated experimentation on the yield response of agricultural crops to non-variable S02 concentrations within the range of 0 to 0.15 ppm showed no yield reduction. However, within the same range of median concentrations (0-0.15 ppm) naturally varying season long S02 exposures produced yield losses in excess of 50% in the most sensitive species. These relationships of crop yield to a range of median S02 concentrations will be useful in (a) setting realistic air quality standards, (b) developing regional air pollution diffusion models for predicting environmental impact, and (c) assessing economic impact of S02 on a regional or area basis as a prelude to establishing regional air quality standards. In SO^ experiments using variable S02 concentration exposures, two onion varieties (whice and yellow) were either severely stunted in growth (less than 10% the weight of controls) or killed by'a median bO^ concentra- tion of 0.15 ppm. Growth reductions of the two onion varieties were 40 ana 16% respectively, when exposed continuously during the full growth period to a median S02 concentration of 0.08 ppm. Exposure to an atmos- pnere with a median S02 concentration of 0.15 ppm reduced radish top and root growth by 40 and 60% and alfalfa top and root growth Dy 30 and 60%, respectively, compared to controls. Root and top growth of beet, a resistant species, was not affected by exposure to the above S02 concen- trations.. In further efforts to support the establishment of a long term (chronic) secondary air quality standard, alfalfa plants were exposed to various median concentrations of S02, (0, 0.02, 0.06, 0.15, 0.20, 0.30 ppm) for 68 days. The threshold for significant effects on growth and symoiotic 19 ------- nitrogen fixation was 0.02 ppm S02; at 0.06 ppm they were reduced 50 and 402 respectively and the reductions increased to 95 and 90% respectively at a median S02 concentration of 0.3U ppm. Growth reductions were also associated with significant increases in total sul.fur in the plant. These results suggest that the present secondary air quality standard for SO,, may not adequately protect public welfare. On a strategy level, the above research will provide a basis for establishing more realistic air quality standards for S02 which would focus regulation activities on source strength rather than ground level concentration. This possibility exists because median S02 concentration in the ambient atmosphere is directly related to source strength and median SOg concentration is also one of the best predictors of expected crop yield losses. Another major environmental problem associated with the increased utilization of coal is the acidification of precipitation. Effects research in this araa of concern is providing support for the development of air pollution control strategies related to sulfate emissions. Controlled field studies using pH values typical of rainfall acidities occurring and expected in the U.S. are yielding preliminary significant results related to soil litter decomposition, nutrient cycling and plant growth. Initiation of expanded research on whole ecosystem effects of acid precipitation is planned for FY 78. Recent studies concerning interactive, synergistic effects of sulfur dioxide (502) and ozone (0.) applied as gas mixtures at low concentration levels nave demonstrated the need to reassess existing single pollutant standards to more realistically reflect amDient air pollution stress'. Alfalfa, broccoli, cabbage, radish, tomato, and tobacco plants were exposed to 03 (0.05-0.1 ppm), S02 (0.1-0.5 ppm) or a combination of S02 and 03 for up to 4 hours and foliar necrosis was measured. Foliar injury (percent leaf area injured) from exposure to U3 was generally less than 20%; from SO- exposures it was generally less than 10%. All combinations of S02 and 03 caused foliar injury (5 to 60%) while many of the individual concentrations of either S02 or 03 did not. Approximately 50% of the interaction exposures caused more injury than would be expected from the sum of the separate effects of S02 and 03. In another experiment, alfalfa, radish, soybean, and tobacco plants were exposed 4 to 6 weeks to 03 (0.05 ppm), S02 ^0.05 ppm) or a combination 20 ------- of SOo and 03 and yields (oven dry weight topsj were measured. Yield reductions in the test species ranged from 0-50% for 03, 0-zO% for S02 and 0-55% for the combination of S02 and 03. The effects on radish and soybean were additive while the effects on alfalfa-and tobacco were greater than additive. A major effort in terrestrial ecology during FY 77 resulted in a significant contribution to the Agency's first draft of the updated Air Quality criteria for Photochemical Oxidants and Oxidant Precursors, dated September 1977. Scheduled for completion early in 1978, this document includes two chapters related to vegetation and ecological effects of photochemical oxidants. Also included are approximately 70 scientific publication citations resulting from research conducted or supported by the EPA research and development program in terrestrial ecology effects of air pollution. Cited results on effects of .05 ppm 03, 5 hr/day for 68 days in reducing alfalfa growth (45%) and symbiotic nitrogen fixation (40%) suggest that current secondary air quality standards may not adequately protect public welfare. In another study, ponderosa pine seedlings were exposed to ozone at a concentration of 10 pphm 6h/day, 7 days/week for variable periods up to 22 weeks. Significant reductions were observed in stem (21.3%) and root (26.3%} dry weight of plants exposed for full term. Measurements of metabolic pools (amino acids, soluble sugars, starch and phenols) witnin top and root tissue showed significant decreases in these metabolites, in roots as early as 12 weeks following initiation of exposure. This evidence suggests that ponderosa pine and other ozone sensitive tree species undergo an invisiole reduction in vigor when exposed to chronic low levels of photochemical oxidants. This pollution stress likely results in predisposing affected trees to other natural environmental stresses including insects, diseases, drought, and freeze injury. Extended studies of biogenic emission rates of reactive hydrocaroons from selected plant species suggest that vegetation may be a significant source of photochemical oxidant precursors. Data from oak indicate that during daylight hours isoprene production rates can range from 30-80 ug/dm2/hr. During mid-day hours, isoprene emissions from live oak were o extrapolated to be approximately 14.3 Kg/Km /hr. 2V ------- Production of ethylene by plants under air pollution stress has » proven to be a sensitive bioassay (indicator) for evaluating the •coxicity of various criteria and non-criteria pollutants. Pine, eucalyptus, soybean, lupine, tomato, wheat, lily,-rhododendron, corn, holly, and marigold were exposed to 02 (0.1-1.0 ppm), S02 (0.5-4 ppm), S0« +• 03 and C12 (O.i-l.O ppm) for 2 hours. Measured increase in stress ethylene production was 20-80%. The increase occurred before visual injury, but was correlated with it. Stress ethylene measurements were less, variable and more reproducible than foliar injury estimates. 22 ------- IV. STATUS OF STATE IMPLEMENTATION PLANS (SIPs) DESIGNATION OF NONATTAINMENT AREAS The Clean Air Act Amendments of 1977 were signed into law by President Carter on August 7, 1977. They require that states designate the attain- ment status of all areas within 120 days of the signing of the amendments. EPA must then evaluate these state designations and publish a list of area designations by February 3, 1978. Should EPA disagree with the state on a designation, the state must be given an opportunity to refute any EPA findings before the list is published. This list is significant because of the state implementation plan (SIP) requirements for nonattainment AQCRs. The designation as a non- attainment area carries with it the requirement for submittal of a SIP revision for that area by January 1, 1979, with the use of all reasonably available control measures demonstrating that attainment will be achieved by December 31, 1982. In the case of photochemical oxidants (Ox) and carbon monoxide (CO), an extension up to December 31, 1987, is possible if attainment by 1982 is demonstrated to be impossible and if certain conditions are met. In addition, a nonattainment designation required the application of the December 21, 1976, Interpretative Ruling on new source review (emission offset policy) until July 1, 1979, for that area. (See "Review of New and Modified Sources" following in this chapter.) There are four possible designations for an area for the criteria pollutants of total suspended particulates (TSP) and sulfur dioxide (SOg): nonattainment of primary standards, nonattainment of secondary standards, unclassifiable, and attainment. The "unclassifiable" designation is to be used for those areas where insufficient data exists to permit a judgment to be made. For carbon monoxide (CO), oxides of nitrogen (NOX) and hydro- carbons (HC), the possible classifications are nonattainment of primary standards, attainment, or unclassified. 23 ------- REVIEW OF NEW AND MODIFIED SOURCES One of the major mechanisms available to control potential increases in stationary source emissions is new source review (NSR). Through various forms of NSR, states can control and/or condition-the location and amount of pollutant emissions generated by new or modified industrial sources of air pollution. Regulations generally take the form of both emission limi- tations and ambient constraints. The latter involves safeguarding ambient air quality standards—both the primary and secondary NAAQS and the air quality increments established to prevent significant deterioration of air quality (PSD). Many of these review programs are implemented by different agencies. Sources subject to these regulations are required to obtain approval prior to construction. Upon application, the reviewing agency is required to conduct an extensive analysis of the meteorology, topography, indus- trial process, and pollutant characteristics of each major source. From this analysis, predictions can be made of the potential impact that the proposed source may have on local, and in some cases distant, air quality. SIP new source review regulations require disapproval of any new or modified air pollution sources which would either fail to meet an emission limit or interfere with attainment and maintenance of the NAAQS. All but five states now have regulations completely approved as part of their SIPs to conduct preconstruction NAAQS reviews for new sources. However, since the NAAQS attainment date (1975) has passed without attainment, some ques- tions arose in 1976 concerning the legality of any new source construction in such nonattainment areas. EPA published a formal interpretation of Section 110 of the Clean Air Act on December 21, 1976, to allow major point sources to locate or modify existing operations in non-attainment areas but only after restrictive emission controls have been applied and more than equivalent offsetting emission reductions from existing sources have been made in order to accomplish reasonable progress toward attainment. The Clean Air Act Amendments of 1977 indicated that the December 21, 1976, Interpretative Ruling (with certain modifications) remains in effect until the states submit and EPA approves an implementation plan revision which meets the new requirements of Part D of the Act. The modifications to the Interpretative Ruling will be proposed in early 1978. 24 ------- The 1977 Amendments did, however, provide a waiver to the Interpreta- tive Ruling. To date only Texas has requested a waiver from the offset requirements. However, on or after July, 1979, approval of new or modified sources may be granted only if the permits are in conformity with the 1977 Amendments. The 1977 Amendments also made changes with respect to the Agency's prevention of significant deterioration (PSD) regulations. The new statu- tory strategy, which is generally more comprehensive and restrictive than EPA's regulatory program, was not to be fully effective until the state and/or EPA undertake further rulemaking activities. Such rulemaking activities began with a proposal on November 3, 1977, to change the Agency's current regulations regarding PSD and to establish requirements for the preparation, adoption and submittal of State Implementation Plans for PSD. Public comments have been requested on the proposed regulations and a final promulgation is expected by March of 1978. NATIONAL AMBIENT AIR QUALITY STANDARD FOR LEAD EPA proposed a national ambient air quality standard for lead in December, 1977, under authority of Section 109 of the Clean Air Act pursuant to a court order in NRDC et al vs Train. Lead exposure is not solely through air but through a combination of sources including food and water. The aggregate contribution of lead from all these sources poses a significant threat to health. EPA had previously determined that the most appropriate approach to controlling airborne lead was reduction of lead in gasoline via Section 211 of the Clean Air Act and control of selected stationary sources under Section 111 of the Act. Even though this strategy was being implemented, the Court decision on March 1, 1976, in NRDC et al vs Train required EPA to list lead as a criteria pollu- tant in accordance with Section 108 of the Act. The criteria document and the proposed standard were issued in December, 1977. TRANSPORTATION CONTROL MEASURES The Clean Air Act, as amended, specifically requires the use of transportation control measures where necessary to meet national ambient 25 ------- air quality standards for carbon monoxide and photochemical oxidants. EPA has approved or promulgated transportation control plans in 31 demonstrably deficient areas; 9 additional areas are developing transportation control plans as a result of more recent air quality data. 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. These measures include both transportation control strategies, such as inspection/maintenance, transit improvements, employer incentives, traffic management/restraints, and parking management/restrictions, and stationary source control measures such as vapor recovery for gasoline marketing. Some of the problems associated with transportation control planning should be remedied by the Clean Air Act Amendments of 1977. The amend- ments call for publication of a number of information documents related to transportation control strategies. EPA has begun compiling these docu- ments which will analyze the environmental, energy, and economic impact of various transportation control, strategies and, thus, should be of great help to state and local governments as they develop their new or revised state implementation plans. In addition,'the amended Act calls for the publication of planning process guidelines which will aid state and local officials in developing necessary institutional arrangements so that inte- grated transportation/air quality planning procedures may evolve. Finally, the Clean Air Act Amendments authorize appropriate financial and program- matic sanctions which can be used against states who are not following their implementation plans. In spite of the problems hindering the implementation of transporta- tion control plans, progress has been made in implementing individual transportation control measures. For example, five California cities as well as Portland, Oregon and Seattle, Washington are developing parking management plans. Commuter parking restrictions have been successfully implemented in Washington, D. C. and Arlington, Virginia. 'Several cities, such as Philadelphia, Washington, D.C., Los Angeles, and San Francisco, have inaugurated 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, 26 ------- are well advanced toward full implementation of gasoline recovery regula- tions. In areas where employer mass transit incentive regulations are in effect, numerous large industries, have submitted information describing their plans for reducing single occupancy auto commuter trips by their employees. Finally, transportation control plans have been developed for several Texas cities. INSPECTION/MAINTENANCE Inspection/maintenance (I/M) programs require the testing of motor vehicle emissions with respect to certain standards and the subsequent maintenance and retest of vehicles that fall. State legislative activity on I/M has increased in 1977. Colorado passed a bill requiring inspection of all 1977 and later model year vehicles of gross vehicle weight (GVW) of 8500 pounds or less in 9 "Front Range" counties, including Denver and other major cities. Testing is to begin on January 1, 1980. Nevada passed a mandatory I/M bill for Clark County (Las Vegas) and Washoe County (Reno). There currently is an I/M program in Clark County for vehicles undergoing change of ownership. The new legislation expands this program to fully mandatory I/M by July 1, 1979, in both counties. Additional legislative efforts in other states are expected in 1978, such as Connecticut, Kentucky and Minnesota. In addition, Missouri and other states will likely consider I/M systems appropriate for their jurisdictions. Rhode Island was expected to start implementing a private garage- based program in November, 1977. Inspections will be required while main- tenance will be voluntary until January, 1979, when maintenance will be mandatory also. California made a significant step toward mandatory I/M for the entire six-county Los Angeles metropolitan area. On June 30, 1977, the state awarded a contract to Hamilton Test Systems of Windsor Locks, Connecticut to run a change-of-ownership I/M system. Testing is scheduled to begin on January 1, 1979. Following a November, 1976, statewide referendum approving the pro- gram, Arizona implemented fully mandatory I/M in January, 1977. Maricopa and Pima Counties, encompassing Phoenix and Tucscon and a majority of the state's automobiles, are included. 27 ------- The passage of the Clean Air Act Amendments of 1977 could signal the beginning of substantial new progress in the implementation of I/M programs. The Act states that for nooattainment areas states have until December 31, 1982, to provide for the attainment and maintenance of the National Ambient Air Quality Standards. States must submit State Implementation Plan (SIP) revisions by January 1, 1979, which accomplish this goal. If attainment of Ox and CO standards cannot be reached in 1982, states may have an exten- sion to December 31, 1987, if they make a demonstration to that effect and they include SIP revisions for the implementation of all reasonable mea- sures including a schedule for the implementation of I/M. This Congressional endorsement of I/M as a viable control strategy should do much to encour- age the establishment of I/M programs. INDIRECT SOURCE REVIEW The Clean Air Act Amendments of 1977 clarify two issues concerning indirect source review. An indirect source review program is defined as facility-by-facility review of such sources. Review programs include measures that are necessary to assure, or assist in assuring, that pollu- tants emitted from mobile sources associated with the source do not result in or contribute to air pollutant concentrations exceeding a national ambient air quality standard. The first issue affects the regulatory requirements for an indirect source review (ISR) program as a part of a state implementation plan (SIP). The Administrator may no longer require an indirect source review program as a condition for approval of a plan. Although an indirect source-review program is no longer a condition for approval of a SIP, a state may still adopt and submit such a program to the EPA as part of its plan. Fourteen states or territories currently have indirect source review programs approved as a part of their SIPs. The second issue dealt with by the amendments concerns the authority of the Administrator to promulgate, implement and enforce indirect source review regulations. This authority is applicable only to indirect sources which are Federally assisted, owned or operated. The Administrator has not made a decision to proceed with regulations and the rulemaking process under this authority. 28 ------- EMERGENCY EPISODE REPORTING The 1977 Amendments to the Clean Air Act will require the reporting of the following information on emergency episodes in the annual report to Congress: 1. The status of plan revisions providing for episode contingency plans or providing for necessary legal authority to enforce contingency plans. 2. An accounting of states failing to develop contingency plans. 3. The number of emergency episodes by location, date, pollution source, and duration. 4. Contingency plan measures taken and an evaluation of their effectiveness. 5. An accounting of any episodes during which no contingency plan actions were taken-and an explanation of why no actions were taken. This information will be included in this report next year. PERMIT FEE REGULATIONS The newly amended Act also requires that owners of major stationary sources will be required to pay fees sufficient to cover the costs of reviewing any application for a permit. Currently, only a few states collect fees for air pollution permits. In many cases the program is a county or city function. The new permit fee program will have to reflect the intent of the Act to cover reasonable costs incurred by the states related to significant deterioration and ** visibility protection. 29 ------- 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 responsibil- ity, the Federal government provides support through assignment of person- nel , special contractual arrangements, and grants. In 1977, 55 state and territorial agencies and 230 local agencies, working in coordination with the states, expended approximately $174 million and 7270 man-years to carry out 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. The figures show an increased level of total expenditures with an increased state and local funding and expenditure of monies by the various levels of government that resulted in a small .change of man-years of effort. Federal Financial Assistance to Air Pollution Control Agencies In 1977 EPA provided financial assistance to 54 state agencies (all except American Samoa) and 116 local agencies. In addition, 39 local agencies received Federal monies through specified provisions of state grants or special contractual assistance. The total expenditures of these 209 agencies represented approximately 89 percent of all expendi- tures for the 285 agencies having some air pollution control responsibil- ities. The support provided to the agencies was in the form of grants for planning, developing, establishing, improving or maintaining control 30 ------- Table V-l. TYPES OF STATE AND LOCAL ORGANIZATIONS RECEIVING FEDERAL FUNDS Types of Organizations Environmental Health Air Pollution Natural Resources Other .1 Total 1975 Total 43 132 94 7 15 291 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 1976 Total 46 - 120 99 8 17 290 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 1977 Total 49 110 106 8 12 285 No. receiving Federal funds State Local 23 18 16 71 5 63 8 2 2 54 152 No. operating without Federal funds 8 23 38 - 8 77 . ------- Table V-2. STATE AND LOCAL CONTROL AGENCIES ESTIMATED 1975, 1976 AND 1977 EXPENDITURES (Dollars in Thousands) 1 1975 Expenditures Number agencies Total dollars Federal dollars State/local dollars 1976 Expenditures Number agencies Total dollars Federal dollars State/local dollars 1976 TQ Expenditures Number agencies Total dollars Federal dollars State/local dollars 1977 Expenditures Number agencies Total dollars Federal dollars State/local dollars Jurisdictional category" Local Cities 44 $19,400 5,900 13,500 44 $21 ,400 5,800 15,600 11 $ 1,300 650 650 36 $16,800 5,900 • 10,900 Counties 91 $31 ,300 10,400 20,900 79 $20,600 8,400 12,200 47 $ 2,100 1,300 800 91 $20,800 7,500 13,300 MUltl- county 27 $12,100 3,100 9,000 29 $25,000 6,700 18,300 ' 20 $ 1 ,500 1,000 500 28 $30,300 7,000 23,300 Subtotal 162 $62,800 19,400 43,400 152 $67,000 20,900 46,100 78 $ 4,900 2,950 1,950 155 $67,900 20,400 47,500 Subtotal state agency 54 $81 ,000 33,200 47,800 53 $83,000 34,400 48,600 43 $13,600 7,400 6,200 54 $91,600 36,300 55,300 Total2 216 $143,800 52,600 91 ,200 205 $150,000 55,300 94,700 121 $ 18,500 10,350 8,150 209 $159,500 56,700 102,800 Total number of agencies receiving Federal monies for air pollution control work either directly or by designation in grant to state agency. Direct grants approxi- mate 182 for 1975 and 169 for 1976 and 1977. 2In 1977, 77 agencies did not receive Federal funds. These agencies and state contributions to related air pollution activities accounted for approximately $15 million in air pollution work, making the total estimated expenditures $174 ..million in 1977. A number of agencies were provided a three-month funding (transition quarter—TQ) during either 1976 or 1977 to change the Federal grant period from a July 1 to June 30 fiscal year to a Federal fiscal year of October 1 to September 30. 32 ------- programs. This support also included temporary Federal assignees, special contractual assistance and demonstration grants. 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 $174 million (including agencies not receiving any Federal support) in FY 77. The growth rate for Federally-funded agencies in FY 77 was approximately 6 percent over the FY 76 level and 11 percent for all agencies. 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 doubled in the last six years. The 1977 on-board positions represent approximately 7270 equivalent full-time man-years of effort. Resources increased by approximately 150 man-years and $9.5 million between June, 1976 and October, 1977. The state and local fund increase of approximately nine percent ($8.1 million) represented a significant increase over the 1976 level. Federal support of these agencies increased by approximately three percent ($1.4 million). Although the monetary increases represent an increasing growth rate over 1976, the growth in positions and man-years was less than previous years, thus reflecting inflationary costs of salaries and agency operations. The focus of Federal support to state and local control agencies has been on the implementation of SIPs and the associated national priorities. In FY 77 control agencies reviewed their strategies and made changes to operational and procedural methods to improve enforcement actions for achieving standards. Their resources were devoted not only to traditional monitoring and enforcement programs but also to developing increasingly complex control programs constrained by energy trade-offs, social and economic considerations, and analysis and studies pertaining to attainment and maintenance of standards. 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. 33 ------- Table V-3. ESTIMATED MAN-YEARS OF EFFORT EMPLOYED BY STATE AND LOCAL AIR POLLUTION CONTROL AGENCIES* State Fiscal year 1969 1971 1973 1974 1975 1976 1977C Positions 1000 1540 2930 3970 4030 4140 4420 Man- years 920b 1420b 2760 3490 3500 3770 3840 Local Positions 1840 2630 3270 ' 3270 4010 4170 3970 Man- years 1660b 2370b 2990 3000 3300 3340 3430 Total state/local Positions 2840 4170 6200 7240 8030 8310 8390 Man- years 2580b 3790b 5750 6490 6800 7110 7270 Agencies receiving funds directly or through "pass through" provision in state grant for all years. Also includes estimates for non-funded agencies for 1975, 1976 and 1977. Estimated from position information using man-year/position ratios from 1973 and 1974. C1977 estimates based on preliminary information. 34 ------- Table V-4. ESTIMATED DISTRIBUTION OF RESOURCES DEVOTED TO AIR POLLUTION CONTROL ACTIVITIES OF NATIONAL PRIORITY BY STATE AND LOCAL CONTROL AGENCIES3 IN FYs 75-77 Activity Compliance with State Implementa- tion Plan Regulations0 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 (Manage- ment, data and policy review, environmental impact state- ments, training, etc.) Estimated oercentaqe of resources L FY 75 44 6 7 18 25 FY 76 40 8 7 22 23 FY77 (Prelim.)" 44 10 6 19 21 Estimates are based on a total estimated expenditure of $143 million for FY 75 , $150 million for FY 76, and $159 million for FY 77. Outputs changed in 1977 to place emphasis on maintaining standards and performing attainment and maintenance analyses. It 1s estimated that approximately six percent of supportive activities were devoted to these attainment and maintenance studies. Majority of activities 1n this category deal with stationary source control although some transportation control activities are included. 35 ------- Federal Assistance in Training Air Pollution Manpower To assist and improve operations of state and local air pollution control agencies, EPA's own operating programs, other Federal agencies, and the private sector in their performance in implementing the Clean Air Act, EPA conducts short-term technical training courses and workshops. During 1977, a total of 86 training courses of 3 to 10 days duration were conducted on 23 different subjects. Thirteen workshops were conducted on seven different subjects. A total of 2345 students participated in 8590 student-days of training in short courses and workshops. In addition to these courses, 170 students were awarded certificates for completion of self-instructional courses on 4 different subjects. The students attending the short-term training courses and workshops represented a variety of agencies and private entities, as indicated in Table V-5. Table V-5. ATTENDANCE AT SHORT-TERM TECHNICAL TRAINING COURSES AND WORKSHOPS Number of students Employer Training courses Workshops EPA Other Federal agencies State governments Local governments Consulting firms Industry Foreign countries Others Total 438 70 619 342 47 314 56 20 1,906 no n 119 106 20 44 6 23 439 A series of training course materials was prepared on the maintenance of emission control systems on motor vehicles. These materials can be used by vocational schools and other organizations in the training of auto mechanics, which 1s an essential element in the success of motor vehicle emission inspection/maintenance programs. In addition, technical and training assistance was provided to many organizations on the estab- lishment of mechanic training programs for low emission engine maintenance. 36 ------- EPA provides funds for university training of employees of state and local governmental air pollution control agencies and others as a means of assisting agencies in improving the efficiency and effectiveness of their operations and to augment recruitment and retention capabilities. The funds are provided as fellowships to individuals and as grants to universities. During 1977, EPA provided fellowships to 89 control agency employees for part-time studies, for 27 control agency employees for full- time study, and for 10 other individuals for full-time study. Recipients of the training benefits came from 22 state and 30 local air pollution control agencies. Collectively, the fellows were attending 55 different universities. Graduate level training grants to 13 universities included direct support for 52 students and provided modest support to the univer- sities in their programs of teaching in the air pollution field. Many other students not directly supported by EPA took the courses supported by the grants. Grants were also made to 3 universities to support special programs in training of about 60 students in environmental management, to provide summer internships in air pollution work for 25 students, and to provide assistance in the use of a computer simulation training exercise. Federal Assistance in the Utilization of Technical Literature EPA provides assistance to state and local governmental air pollution control agencies (as well as to commercial enterprises, consulting firms, universities and others) in their use of information contained in the technical literature. In 1977, more than 400 computerized literature searches for state and local agencies and other organizations were con- ducted and more than 37,000 copies of technical publications were provided in response to about 14,000 requests from a wide variety of individuals and organizations. In addition, about 1,400 computerized searches were made of the EPA air pollution technical information file which is acces- sible through a commercial system under a contract with EPA. INTERAGENCY COOPERATION The Clean Air Act Amendments of 1977 provide for interagency cooperation in several areas. They require greater consultation and 37 ------- coordination on planning and implementation between state air pollution control agencies and local governments as well as Federal land managers. This includes the organizations responsible for comprehensive planning, transportation planning, and other related programs such as water quality management. At the same time, the Act requires that other Federal plans and programs support air quality planning and not approve, present or support any program which is contrary to an approved plan. Specifically, the Act calls for consultation with the Department of Housing and Urban Development (HUD) and the Department of Transportation (DOT) on the development of planning process guidelines for non-attainment areas and for cooperation with DOT in publishing information on transporta- tion control measures. Federal land managers, which includes the Department of the Interior, the Department of Agriculture and other Federal agencies, are heavily involved in the prevention of significant deterioration and review any new source permit which may affect a Class I area. The Department of the Interior, working with other affected agencies, is also required to identify all mandatory Class I areas where visibility is an important value. Stationary sources in these areas are subject to retrofitting to improve visibility. The requirements of the new amendments will augment earlier actions taken by EPA to consult with other Federal agencies and coordinate or integrate related programs. These include efforts to integrate air quality planning with the 3C transportation planning process through the inclusion of air quality related measures 1n the annual Transportation System• Management (TSM) element required by DOT from metropolitan planning organizations and through the annual 109(j) consistency determination between proposed highway plans and transportation control plans. In 1977 EPA and HUD signed an interagency agreement which addresses coordination between air quality planning and the "701" comprehensive planning program. Regulations issued by HUD make it a condition of approval of such plans that they be consistent with state air quality implementation plans. 38 ------- A committee was established in 1977 with membership from the Department of Interior, the Department of Agriculture and EPA. The committee has developed a list of mandatory Class I areas where visibility is an impor- tant value and is also identifying potential Class I areas. The committee will also establish criteria for determining whether a proposed facility will have an adverse impact on air quality related values. INTERNATIONAL COLLABORATION IN CONTROL OF AIR POLLUTION Air pollution control was an important international environmental theme in 1977, both bilaterally and multilaterally. The Economic Commission for Europe (ECE) held the first meeting of its Steering Body for the ECE Cooperative Program to Monitor and Evaluate Long-range Transmission of Air Pollutants. The Steering Body established Eastern and Western coordinating centers for the program in Norway and the Soviet Union, respectively, which became operational by the end of the year. Sulfur dioxide monitoring sites were selected, as well as the types of measurements to be made. The Steering Body meeting and start-up of the program represented important steps in the international examination of sources and transport of air pollution. Complementing ECE's effort, the Air Management Group of the Organi- zation for Economic Cooperation and Development (OECD) analyzed potential strategies to effectively control the long-range transport problem. OECD also spent 1977 examining techniques and strategies to control photochemi- cal oxidants through its precursors and for control of NO in its own right. A As the WHO Collaborating Center for Environmental Pollution Control, EPA continued to operate the data bank for the WHO/Global Environmental Monitoring System (GEMS) air quality monitoring project. A similar service was provided to the World Meteorological Organization for its Atmospheric Turbidity and Precipitation Chemistry networks. This year, too, EPA assisted WHO in producing its GEMS report, "Air Quality in Selected Urban Areas, 1975." NATO's Committee on the Challenges of Modern Society (CCMS) approved a new project on flue gas desulfurization, at the United States' suggestion. For the first phase of the study, twelve separate flue gas desulfurization processes were examined in terms of performance, capital and operating costs, residuals and general applicability. 39 ------- Perhaps the single most significant multilateral event associated with air pollution ,was,the International Meeting on Regulation of Chloro- fluorocarbons, April 26-28, 1977, sponsored by the United States. Held at EPA's initiative, the meeting was a response to concern over the strato- spheric ozone depletion threat posed by chlorofluorocarbon emissions. Twelve governments and four international organizations met to review the science of the problem, the economic impacts of possible regulation, and the status of national and international plans to control fluorocarbons. A number of air pollution activities took place in 1977 on a bilateral basis. EPA continued to cooperate with Canada and Mexico in monitoring air pollution, conducting research into control strategy mechanisms, and in negotiating specific control devices and procedures for individual industrial sources of pollution.. Concern regarding possible increased air pollution as a result of U.S. conversion to coal has been expressed by Canada; efforts are being made to coordinate air programs between the two countries. U.S. and Canadian experts held initial discus- sions on the desirability of establishing a program of cooperative research on the problem of long-range transport of air pollutants and their effects on human health and welfare. Under the International Joint Commission, whose function it is to help resolve potentially contentious issues between the United States and Canada, the Air Advisory Board and the special Ontario-Michigan Air Board have been actively addressing major air pollution issues along the northern border. Cooperative surveillance and monitoring programs have begun to"be established along the southern border between U.S. and Mexico on a case- by-base basis. The programs coordinate local, state and Federal projects. Under the U.S.-Japan Environmental Agreement there are three active projects: photochemical air pollution, air pollution-related meteorology, and stationary source pollution control technology. Exchanges are also taking place within the U.S.-Federal Republic of Germany Agreement on flue gas.desulfurization, air quality planning and maintenance, and air pollution from coal-fired installations. Air pollution projects under the U.S.-U.S.S.R. Environmental Agree- ment include Air Pollution Modeling and Standard Setting; Instrumentation 40 ------- and Measurement Methodology; Process Improvement and Modification; Ferrous Metallurgy Pollution Control Technology, Gaseous Emission Abatement Tech- nology; Particulate Abatement Technology; Transportation Source Control; and Effects of Atmospheric Pollution on Climate. -Research work continued to be 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. Cooperative research with other countries is also conducted under the provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended. In the area of air pollution abatement and control, EPA is presently cooperating with three countries: Egypt, Poland, and Yugoslavia. These projects encompass practically all environmental aspects of air pollution, including identification of specific pollutants, development of control technologies to be used by industry, procedures for monitoring ambient air conditions, and assessment of health-related problems. For example, in Egypt studies are being made to assess the biological effects of inhaling high concentrations of air borne particu- lates; Polish investigators are examining the complex relationships between increases in air pollution toxicity and changes in elevation; also in Poland investigations are being carried out to determine industrial influences in particulate pollution in the atmosphere; and a project in Yugoslavia is directed toward the control and abatement of air pollution in the granular fertilizer industry. . 41 ------- VI. CONTROL OF STATIONARY SOURCES NEW SOURCE PERFORMANCE STANDARDS The Clean Air Act, as adopted in 1970, requires the Administrator to establish national standards of performance for source categories that "may contribute significantly to air pollution which causes or contributes to the endangerment of public health or welfare." The 1977 Amendments to the Act reinforced this requirement and established a sched- ule for the promulgation of standards of performance for remaining source categories. Future reports will reflect the Administrator's progress in meeting this new schedule. This report will contain a summary of accom- plishments from 1970 through 1977. Table VI-1 provides a listing of the source categories for which standards of performance have been promulgated. It also shows the affected facilities regulated in each source category and the number of applicable standards. Generally, an affected facility is that process within a source category for which a new source standard has been promulgated. In some cases, standards are established for multiple pollutants from the same facility. Table VI-1 also provides a listing of the source categories for which standards of performance have been published for comment in the Federal Register. These proposed standards are applicable to all sources con- structed after the date of proposal, but they are not effective until promulgated. Through calendar year 1977, 83 standards have been published for 22 source categories and 63 affected facilities. Details as to the affected facilities, pollutants, and dates of proposal .and promulgation are provided in Table VI-2. Through calendar year 1977, litigation has occurred for five standards; of these, two have been decided in favor of the Administrator and two are under remand. Opinions upholding the regulations have been rendered by 42 ------- TABLE VI-1 NEW SOURCE PERFORMANCE STANDARDS (As of October, 1977) Promulgated NSPS Steam Generators >250 MM Btu/hr (Gas, Oil, Coal-Fired) Municipal Incinerators >50 TPD Portland Cement Plants Nitric Acid Plants Sulfuric Acid Plants Asphalt Concrete Plants Petroleum Refineries Petroleum Storage Tanks (>40,000 gal) Secondary Lead Smelters Secondary Brass & Bronze Refining Iron and Steel Mills Sewage Treatment Plants Primary Copper Smelters Primary Zinc Smelters Primary Lead Smelters Primary Aluminum Reduction Coal Cleaning Plants Phosphate Fertilizer Plants Ferroalloy Production SUBTOTAL Proposed NSPS Kraft Pulp Mills Petroleum Refineries Steam Generators >250 MM Btu/hr (Lignite-Fired) Grain Elevators Lime Plants Gas Turbines No. of Affected Facilities 1 2 1 1 1 2 3 3 3 2 1 4 2 6 2 2 5 1 ^^•^HHI 45 8 1 1 5 2 1 No. of Source/ Pollutant Combinations* 1 2 1 2 1 3 3 3 3 2 1 5 4 7 4 2 5 2 ^^^^^*IM 60 11 2 2 5 1 2 SUBTOTAL 18 23 TOTAL 63 83 *0pacity standards not counted separately if there are particulate standards for that facility. 43 ------- TABLE VI-2 STATUS OF SECTION 111 REGULATIONS (As of October, 1977) SOURCE Steam Generators [>250 million Btu/hr] Municipal Incinerators [>50 tons per day] Portland Cement Plants Nitric Add Plants Sulfur 1c Acid Plants Asphalt Concrete Plants AFFECTED FACILITY Coal, oil, 4 gas-fifed boilers Coal and oil-fired boilers Coal, oil. & gas-fired boilers Incinerator Kiln, clinker cooler Process equipment Process equipment Process equipment POLLUTANT Particulata S0x N0x Particulate Participate N0x SO X Acid Hist Particulate OPACITY REGULATION / / / / j PROMULGATION DATE 12/23/71 12/23/71 12/23/71 12/23/71 12/23/71 12/23/71 3/8/74 REMARKS Under remand. 8/17/71- Proposed Judicial review decided In favor of EPA - 5/22/75. Under remand. NAPA & Warren Bros. Co. suit decided in favor of EPA by US Court of Appeals 7/21/76. t ------- STATUS OF SECTION 111 REGULATIONS SOURCE Petroleum Refineries Petroleum Storage Secondary Lead Smelters and Refineries • Secondary Brass and Bronze Refining Facilities Iron and Steel Hills Sewage Treatment Plants Primary Copper Smelters AFFECTED FACILITY Process gas combustion Catalytic regenerators Gasoline, crude oil. and distillate storage tanks >40,000 gallons capacity Blast and reverberatory furnaces Pot furnaces Reverberatory furnaces Electric and Cupola Basic oxygen furnace Sludge Incenerators Roaster, smelting furnace, converter POLLUTANT S0x Parti cul ate CO Hydrocarbons a Parti cul ate Participate Partlculate Participate S0x OPACITY REGULATION / / / / / / J PROMULGATION DATE 3/8/74* 3/8/74* 3/8/74* 3/8/74* 3/8/74* 3/8/74* 3/8/74* 3/8/74* 1/15/76 REMARKS 8/30/76 - Proposed opacity standard revision. • 11/18/75 - Proposed opacity revaluation. 11/18/75 - Proposed opacity revaluation. 3/2/77 - Proposed opacity amendments t Proposed 10/16/74 •Proposed 6/11/73. ------- STATUS OF SECTION 111 REGULATIONS SOURCE Primary Zinc Smelters Primary Lead Smelters Primary Aluminum Reduction Plants Coal Cleaning Plants '•• Phosphate Fertilizer Plants Iron and Steel Hills Ferroalloy Production AFFECTED FACILITY Roaster Sinter-Ing machine Sintering machine, electric smelting furnace, converter Blast or reberberotory furnace, sintering machine discharge end Pot lines Anode Bake Plants Air Tables Thermal dryers Wet Process Phosphoric Superphosphoric acid Diamnonlum phosphate Triple superphosphate prod. Triple superphosphate stor. Electric arc furnaces Specific furnaces t POLLUTANT S0x Partlculate S0x Partlculate Fluorides Fluorides Partlculate Partlculate Fluorides Fluorides Fluorides Fluorides Fluorides Partlculate Partlculate CO OPACITY REGULATION / / / / i 1 J / / / PROMULGATION DATE 1/15/76 1/16/76 • 1/26/76 1/15/76 8/6/75 9/23/75 6/4/76 REMARKS Proposed 10/16/74 Proposed 10/16/74 Proposed 10/23/74 In litigation. Proposed 10/24/74 ; Proposed 10/21/74 er> ------- STATUS OF SECTION 111 REGULATIONS SOURCE AFFECTED FACILITY POLLUTANT OPACITY REGULATION PROMULGATION DATE REMARKS Phosphate Fertilizer Plant 111(d) Kraft Pulp Hills Sulfur Recovery In Petroleum Refineries Petroleum Refineries Reevaluatlon of Opacity Standards Lignite Fired Steam Generators Met process phosphoric Superphosphorlc acid 01 ammonium phosphate Triple superphosphate prod. Triple superphosphate stor. Fluorides Fluorides Fluorides Fluorides Fluorides Standards In Preparation for Promulgation Digesters, lime kiln, recovery furnace, washer, evaporator, strippers, smelt & BLO tanks Recovery furnace, lime kiln, smelt tank Sulfur recovery plants Process gas combustion Catalytic regenerators Lignite-fired boilers Total reduced sulfur (TRS) Partlculate so2 Sulfldes Partlculate / (recovery furnace) 3/1/77 Proposed 5/12/76 Proposed 9/24/76 Proposed 10/4/76 Proposed 8/30/76 Proposed 12/22/76 ------- STATUS OF SECTION 111 REGULATIONS SOURCE Sulfurlc Acid Plants in(d) Grain Elevators Lime Plants Gas Turbines Continuous Monitoring General Provisions Section 111(d) •:.. Regulations (General Provisions) AFFECTED FACILITY Existing process equipment Receiving, conveying, cleaning, drying, and shipping facilities Rotary kiln, hydrator Turbine POLLUTANT Acid Mist Partlculate Participate NOX OPACITY REGULATION ' • •V • i. PROMULGATION DATE IP/6/75 11/17/75 REMARKS Proposed 11/4/76 Proposed 1/13/77 Suspended 6/24/77 Proposed 5/3/77 Proposed 10/3/77 Proposed 9/11/74 Proposed 10/7/71 i (General Provisions) Reference Methods 1-8 Amendments (Test Methods) Reference Method 11 Revision (Test Method) Reference Methods 13A and B Amendments (Test Methods) 8/18/77 Proposed 6/8/76 Proposed 5/23/77 ------- the U.S. District Court of Appeals for the District of Columbia in National Asphalt Pavement Association et al vs. Trafn (9/21/76) and the National Portland Cement Association et al vs. Ruckelshaus (5/22/75). Final opin- ions concerning standards of performance for steam generators and sulfuric acid plants are imminent; litigation on primary aluminum plants is cur- rently active. During 1977 a major portion of the resources committed to new source performance standards was used for technical studies of additional source categories. Studies are underway for sulfur recovery plants in oil and natural gas fields, iron and steel mill sintering plants, stationary internal combustion engines, dry cleaning plants, organic solvent de- greasing, lead battery manufacturing, iron ore beneficiation, auto and light truck surface coating, selected industrial surface coating opera- tions, non-metallic minerals mining, crushing and screening, industrial boilers, and glass manufacturing. In addition, a major effort was Initiated in 1977 to gather data to review the new source performance standards for coal-fired steam generators. Control of Volatile Organic Chemicals During 1977 emphasis was placed on the preparation of guidance materials which reflect reasonable available control technology (RACT) for volatile organic chemicals emitted from a source category. The pur- pose of the RACT guidance documents is to provide a technical data base to be used by the states to develop specific regulatory requirements in non- attainment air quality control regions. Table VI-3 provides a listing of the documents issued in 1977 and those scheduled to be issued in the future. Section 111(d) Standards During 1977 guidelines for the control of sulfuric acid mist from sulfuric acid plants were finalized. This action initiated the develop- ment and submission of state plans for the control of acid mist from existing plants. A similar action was also finalized for the control of fluoride emissions from five types of phosphate fertilizer plants. 49 ------- Table VI-3. CONTROL TECHNIQUES GUIDELINES FOR VOLATILE ORGANIC COMPOUNDS ISSUED IN 1977 AND SCHEDULED TO BE ISSUED -' NATIONWIDE EMISSIONS, SOURCE CATEGORY 1,000 metric tons/yr Issued in 1977 Large Appliance Manufacture 35 Magnet Wire Insulation 10 Gasoline Bulk Plants 150 Metal Furniture Manufacture 100 Petroleum Liquid Storage, Fixed Roof Tanks 700 Degreasing 700 Bulk Gasoline Terminals . 250 Petroleum Refinery Vacuum Systems Wastewater Separators and Process Unit Turnaround 700 Cutback Asphalt Paving 700 Surface Coating of Automobiles, Cans, Metal Coils, Paper and Fabric Products 900 Service Stations, Stage I 400 To Be Issued in Future Petroleum Refinery Fugitive Emissions (Leaks) 150 Surface Coating of Other Metal Products - Industrial 200 Pharmaceutical Manufacture 50 Rubber Products Manufacture 150 Paint Manufacture 25 Vegetable Oil Processing 15 Graphic Arts (Printing) 400 Flat Wood Products 50 Service Stations, Stage II 500 Petroleum Liquid Storage, Floating Roof Tanks 150 50 ------- Table VI-3 (continued). CONTROL TECHNIQUES GUIDELINES FOR VOLATILE ORGANIC COMPOUNDS ISSUED IN 1977 AND SCHEDULED TO BE ISSUED -' SOURCE CATEGORY NATIONWIDE EMISSIONS, 1,000 metric tons/yr Ship and Barge Transport of Gasoline and Crude Oil Organic Chemical Manufacture Process Streams Fugitive (Leaks) Dry Cleaning Wood Furniture Manufacture Architectural and Miscellaneous Coatings Organic Chemical Manufacture Waste Disposal Storage and Handling Natural Gas and Crude Oil Production Natural Gas and Natural Gasoline Plants Adhesives Other Industrial Surface Coatings Auto Refinishing Other Solvent Usage Metals Manufacture Other Manufacturing Fuel Combustion Forest, Agricultural and Other Open Burning Solid Waste Disposal TOTAL STATIONARY SOURCES TOTAL TRANSPORTATION SOURCES 60 450 600 250 200 300 150 300 200 150 200 300 150 3,000 } 4,000 16,700,000 metric tons per year 10,600,000 metric tons per year — This inventory was developed from national production and consumption information using average emission factors. The technique necessarily requires assumptions that cannot be confirmed in every case. We anticipate that the figures will change as better information is developed and generalized categories such as "other solvent usage" are more clearly defined. 51 ------- NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP} On November 16, 1976, the Environmental Defense Fund petitioned the court for review of the vinyl chloride standards. As a result of this petition, amendments were proposed on June 2, 1977. The basic thrust of the proposal was to tighten the standards. In 1977 it was determined that some decorative sprays contained significant quantities of asbestos which presented a hazard to building occupants. An amendment to the existing NESHAP on asbestos to prohibit the use of such sprays was proposed on March 2, 1977. Promulgation is expected shortly. In addition, the writing of a guidance document on ways to remove asbestos coatings from buildings was initiated. This document also contains information on the possibility of treating existing coatings to prevent the release of asbestos to the environment. Additional studies are underway concerning the control of asbestos from rock crushing and handling and the beneficiation of iron ore. During 1977, benzene was listed as a hazardous air pollutant. Regu- lations for several source categories are under development. Because of the complex array of benzene sources, the NESHAP will be issued in a phased program starting in mid-1978 and continuing into 1982. Studies are also underway to prepare regulations for coke oven emis- sions and arsenic emissions from primary copper smelters if they are listed as hazardous air pollutants. DEVELOPMENT OF NEW AND IMPROVED AIR POLLUTION CONTROL TECHNIQUES FOR STATIONARY SOURCES One of EPA's most important tasks is the development and demonstra- tion of air pollution control technologies for stationary sources. The Agency's goals in developing stationary source controls include: Describing at least one environmentally sound method of control for each major source of pollution, including develop- ment and demonstration, if necessary, Providing a technical base for the Agency's enforcement activities; Establishing technical and economic data to support New Source Performance Standards (NSPS); and 52 ------- Providing information upon which to base an environ- mentally sound energy development policy. Sulfur Oxides (SOX) The Agency has directed much of its research and development effort in the sulfur dioxide (SOg) control area toward demonstrating flue gas desulfurization (FGD) technology, in which SO^ is removed from the gas stream emitted after a fuel is burned. Flue gas desulfurization technol- ogy is the only near-term technological approach to utilizing plentiful high-sulfur coal supplies without excessive deleterious SCL emissions. FGD technology development and assessment, therefore, have a high priority. FGD technology has progressed rapidly over the past four years. Sev- eral commercial FGD installations are achieving high SOg removal efficiency with good reliability. EPA believes that lime and limestone FGD processes can now be considered demonstrated technology, capable of being confidently applied to full-scale utility boilers. However, more work remains to be done in the FGD technology area, including the development of a cost- effective and environmentally acceptable disposal technology for the large quantities of sludge produced from lime and limestone systems, the develop- ment and demonstration of improved lime and limestone process variations which will minimize cost and energy usage and improve sludge properties, and the development and demonstration of economically viable regenerable FGD systems producing sulfur and sulfuric acid instead of sludge. For the last eight years, EPA has been conducting a comprehensive FGD development and technology transfer program which has been instrumental in accelerating the commercial viability of FGD technology. This program has aimed at demonstrating reliable and cost-effective FGD processes, yielding both nonregenerable (throwaway) products and regenerable (or salable) sulfur products. EPA's major program in the nonregenerable area is the lime/limestone prototype test program operating in cooperation with the Tennessee Valley Authority at the Tatter's Shawnee Steam Plant. This program has been Instrumental in identifying reliable, cost-effective process variations for both lime and limestone scrubbing systems. 53 ------- Also in the nonregenerable FGD area, EPA has initiated a comprehen- sive program aimed at identifying environmental problems associated with scrubber sludge disposal, along with development and evaluation of appro- priate control practices. In order to provide a~nonregenerable alternative to lime/limestone systems, EPA is now undertaking the demonstration of the double-alkali scrubbing process on a full-scale coal-fired boiler. In the regenerable FGD area, EPA has pursued an aggressive program aimed at identifying cost-effective processes with wide applicability producing salable sulfur products. EPA is working with the Department of the Interior in developing sodium citrate scrubbing, a promising regenerable system. Other regenerable processes which have proven to be promising are being evaluated on full-scale coal-fired utility boilers as part of EPA's FGD demonstration program: Wellman-Lord (producing sulfur), magnesium oxide (producing sulfuric acid), and tteaqueous carbonate process (produ- cing sulfur). EPA 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 pretreat- ment method is especially suited to sources smaller than electric utilities, e.g., industrial boilers and commercial fuel-burning equipment. One tech- nique involves physically and/or chemically cleaning coal with moderate sulfur content so that it can be burned in conformance with clean air standards. The Agency is also studying the use of clean liquid and gaseous syn- thetic 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. Another approach to reducing SO emissions is to adsorb the gas during ^\ the combustion process. The Agency's efforts in combustion modification 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 Department of Energy. EPA's contributions to the interagency program consist of environmental assess- ments of FBC systems—which control SO , NO , fine particles, and other A ^ pollutants—and continued testing of its small (0.53 megawatt) FBC 54 ------- mini -pilot plant. The Agency also conducts independent research to deter- mine the implications of alternative designs and of alternative uses of fluidized bed combustors. Nitrogen Oxides (NO ) A The development of the technology needed to control NO focuses on A the combustion process itself, where NO pollution starts. No emissions /\ A from combustion can be reduced by as much as 75 percent by "combustion modification" (lowering the combustion temperature, limiting the amount of oxygen available and regulating the way the fuel and air mix). Fundamental research into the basic chemical and aerodynamic mechanisms involved in combustion is increasing understanding of the factors that cause formation of NO and of methods for controlling NO without increasing emissions of ^ A other pollutants. Along with fundamental research, EPA also sponsors advanced research into new low-NO designs for combustion equipment, alter- rt nate fuels, and advanced combustion concepts. Another major component of the NO control program is pilot-scale j ^\ testing. Here, a wide variety of combustion modification techniques have been evaluated under controlled conditions in the laboratory. Field demonstrations are the last—and in many ways the most important- step in EPA's combustion modification control program. This is where tech- niques that appear promising in the laboratory are evaluated on full-scale equipment to ensure they can do the job under actual working conditions. The result is reliable control technology that equipment manufacturers and users can count on. The Agency has underway more than 30 separate programs to develop effective and economical ways of controlling NO . They cover all the major A types of stationary .sources in the United States, from small home furnaces to large utility boilers. EPA has already taken some important steps toward developing NO A control technology. Promising accomplishments over the last two years include the following research: 0 Combustion modification techniques for coal-fired utility and large industry boilers that reduce NO emissions by 40 to ^ 50 percent with no adverse side effects. 55 ------- 0 Pilot-scale test of advanced pulverized coal burners for utility and large industrial boilers that lower NO emis- ^ sions by 70 to 80 percent. 0 A residual oil burner for small industrial boilers that cuts NO emissions by 65 to 70 percent from heavy oils A with high nitrogen content. 0 An oil-fired home furnace that reduces NO emissions by A 70 percent without increasing carbon monoxide, hydro- carbons, or smoke. 0 Field tests proving that NO emissions from small industrial ^ boilers can be lowered significantly by combustion modifica- tion techniques and by firing methanol instead of natural gas or heavy oils. 0 Pilot-scale tests of an advanced catalytic combustion system capable of reducing emissions of NO , carbon A monoxide, and hydrocarbons by as much as 95 percent. Another important part of the Agency's program is the NOX flue gas treatment (FGT) program. The FGT program has two main elements: strategy/ technology assessment and experimental projects. The strategy and technology assessment element is designed to produce a detailed state-of-the-art technology assessment, an assessment of the extent to which FGT could be used in an optimized control strategy for stationary sources, and information concerning the economic, energy, and environmental aspects of commercial application of FGT technology. The experimental projects element will provide the development and demonstration of FGT technology for removal of NO with both high and low SO concentra- A A tions and for simultaneous removal of both NO and SO . A A Particulates The Agency's program for particulate control 1s conducted to establish engineering design techniques and performance models and to improve the collectability and economics of control devices for particulate matter. Attainment of the current primary standard for particulates in some cases will be difficult and expensive with existing technology; attainment of the secondary standard appears impossible without improved technology. 56 ------- There are two basic causes for this: particulate control technology has limited control capability, in many cases even for coarse particulates; and technical and economic factors often prevent control technology from being feasible in specific industrial applications. EPA is placing increased emphasis on the control of fine particulates which persist in the atmosphere, comprise a variety of known toxic sub- stances, and are major contributors to atmospheric haze and visibility problems. The objective is the development and demonstration of control technologies capable of effectively removing large fractions of the under- 3-micron size particles from effluents. The technical approach is to identify capabilities of existing equipment (electrostatic precipitators (ESPs), filters, scrubbers, and proprietary devices), to determine defi- ciencies in present design and operating procedures, and to pursue remedies for the deficiencies through research and development. New concepts are applied as discovered and successful advancements in removal technology will be demonstrated. Actual source tests have shown that both ESPs and baghouses should be capable of controlling fine particulates from a limited number of sources emitting fly ash. It is quite-possible that the applicability of ESPs to fine particulate control over a broad range of sources can be extended by developing dust conditioning techniques and by modifying the design of charging sections and collecting electrodes. Recently, a complete mathe- matical model for the design of ESPs was greatly improved; this will allow cost-effective design for specific particulate control technology applica- tions. Also completed was the demonstration on actual sources at a pilot scale of a charged droplet scrubber, a high throughput fabric filter, and a flux force/condensation scrubber. In addition, a major effort was initiated to find solutions to the particulate emission problems associated with the burning of, or switching to, low-sulfur coal by a number of electric utilities. Other Pollutants "Other" pollutants include those pollutants for which no ambient air quality standards have been established and those pollutants for which no National Emissions Standards for Hazardous Air Pollutants (NESHAPS) now 57 ------- exist. Control technology research efforts are underway for a number of these pollutants, including trace metals, polycyclic organic matter (POM), miscellaneous hydrocarbons, fluorides, and odors. To assess the emission levels of these pollutants, several tasks are underway for the field testing of coal-fired utility and industrial boilers and for limited source characterization of gas- and oil-fired units. A field testing program is underway for residential and commercial heating units. Source assessments are also undertaken for certain chemical processing industries. This program is conducted to assess the environmental impact of sources of toxic and potentially hazardous emission from organic mate- rials, inorganic materials, combustion and open source categories, and to determine the need for control technology development for given source types. Sources under assessment include petroleum refining, petrochemicals, nitrogen fertilizer operations, phosphate fertilizer operations, and pesti- cides manufacturing. Control technology for ferrous metallurgical industries is under con- tinuing development. EPA has completed projects directed toward the con- trol of emissions from cokemaking, blast furnace tapping, and charging of basic oxygen furnaces. Efforts are being made to develop full control of emissions from the sintering of iron ore. Extensive efforts are also underway to assess, and ultimately to bring under control, fugitive emis- sions from all significant sources in the production of metallurgical pro- ducts. The combining into a multimedia program of the previously separated ferrous metallurgical air and water research and development programs should result 1n optimum control of all discharges from these industries. 58 ------- VII. CONTROL OF MOBILE SOURCE EMISSIONS INTRODUCTION Title II of the Clean Air Act,as amended in 1970, mandated at least 90 percent reductions in carbon monoxide (CO), hydrocarbons (HC), and oxides of nitrogen (NOX) emissions from light-duty vehicles and delegated authority to the Administrator to prescribe certain other emission standards for automobiles, trucks, aircraft, and motorcycles. MEASURES TAKEN TO IMPLEMENT MANDATED TITLE II EMISSION STANDARDS Clean Air Act Amendments of 1977 The Clean Air Act Amendments signed into law on August 7, 1977, deal, in part, with questions of mobile source emission standards for the 1978 model year and beyond. Under the former law, final standards governing the three major pollutants from the tailpipe were to be met by model year (MY) 1978. These standards in grams per vehicle mile were HC, 0.41; CO, 3.4; and NOX, 0.4. Congress determined, however, that it was not possible for the auto industry to meet these standards by MY 1978 and established a revised schedule of emission standards. The emission standards currently applicable for passenger cars, light- and heavy-duty trucks, and motorcycles are outlined in Tables VII-1 and VII-2. The 1977 Clean Air Act Amendments also require that EPA promulgate heavy-duty truck (HOT) regulations requiring a 90 percent reduction in HC and CO emissions for MY 1983 and a 75 percent reduction in NOX emissions for MY 1985. These standards are to be derived from baseline emissions of 1969 MY gasoline heavy-duty engines. Interim standards for these emissions are required, reflecting the available technology with consideration given to cost, noise, energy and safety factors. Standards have been promulgated by EPA for the interim years. (See Table VII-2) 59 ------- Table V1I-1. EMISSION STANDARDS FOR MOTOR VEHICLE CLASSES (Light Duty Passenger and Trucks) Motor vehicle class Light duty passenger (Emissions expressed in grains per mile) National California I California II9 1978 HC CO • 1.5a 15 .41d -9 NOx 2.0 1.5 • 1979 HC CO NOx 1.5tt 15 2.0 .41d 9 1.5 19001 HC CO NOx .41" 7 2.0 .41e 9 1.0 (1.5f) . HC .41" .41" .41h 198)' CO 3.4b 3.4 7 1 NOx 1.0C 1.0 (1 0.7 .5f) Light duty trucks (Emissions expressed en In grams per mile) ° National 2.0 20 3.4 1.7 18 2.3 1.7 18 2.3 1.7 18 2.3 (0-6000 GVH for 1978) (0-8500 GVW for 1979 +) California Standards vary depending upon weight and purpose. ?Total hydrocarbon standard without methane correction factor. °Ha1verable to 7.0 (to 1983). •jUaiverable to 1.5 for dlesels or for Innovative technology (dlesel waiver expires In 1984). Total hydrocarbon standard with methane correction factor. tTotal hydrocarbon standard with methane correction factor. Standard Is .39 If non-methane instrumentation Is used. If certified by the CAR8, optional 100.000 mile durability procedure. ^Second set of standards Is optional - to be selected for a two-year period by manufacturer. jTotal hydrocarbon standard without methane correction factor. Standard Is .39 if non-methane Instrumentation Is used. California waiver request for 1980 and later model year light duty truck (LOT) and medium duty vehicles (MDV) has not yet been approved by the Administrator. ------- Table VII-2. EMISSION STANDARDS FOR MOTOR VEHICLE CLASSES (Heavy Duty Trucks and Motorcycles) Motor vehicle class Heavy duty trucks (Emissions expressed In grams per horsepower-hour) National HOT (I)a HOT II)br HOT (III)C Heavy duty trucks California HDT (I) HOT (II) (Optional )c Motorcyles (Emissions expressed 1n g/km) National and California 0 - 170cc 170 - 750 750+ 1970 HC CO HC+IWx Smoke J 40 16 15/20/50° HC CO NOx HC+NOx Smoke j 1.0 25 7.5 15/20/50° 25 5.0 15/20/50° HC CO 5g f 17 5-14T 17 14 17 HC CO 1.5 25 1.0 25 25 HC CO NOx - 1.5 25 7.5 25 HC 5 f 5-14r 14 1979 HC+tlOx Smoke A 10 15/20/50° 9.5 15/20/50° 5.0 15/20/50° HC+MOx Smoke j 15/20/50°. 5 15/20/50° CO 17 17 17 HC 1.5 HC 1.0 HC 59 50 5g 1980 CO HC+tlOx Smoke J 25 10 15/20/50° A 25 5.0 15/20/50 CO HC+NOx Smoke j 25 6 15/20/50° 25 5 15/20/50° CO 12g I2g 120 HC 1.5 HC 1.0 HC 59 5q 59 19B1 CO HC+tlOx 25 10 25 5.0 CO HC+NOx 25 6 25 5 CO I2g I2g 12g Smoke . A 15/20/50° A 15/20/50° Smoke j 15/20/50° 15/20/50° .New test procedures and Instrumentation. Existing test procedures and Instrumentation due to Insufficient lead time. Small volume (less than 2000) manufacturers may continue to use options of their choice. Store stringent levels which may be enacted by those states which apply to EPA and receive approval. Diesel only; lugging/acceleration/peak. Option available for combined IIC+NOx standard of 5 gram/brake horsepower/hr 1980 and beyond California HO standards may be enacted by those states .which apply to EPA and receive approval. Linear relationship expressed by the equation: 5.0 + .0155 (D-170). D = size In cc. ------- The amendments define heavy-duty vehicles as those over 6,000 pounds. Therefore, these more stringent statutory standards also apply to the EPA light-duty truck class which is currently defined as trucks up to 8500 pounds. The amendments also require that test procedures for measuring evaporative emissions from heavy-duty trucks be developed by EPA for the earliest feasible model year. The amendments also deal with particulate emissions by requiring that particulate regulations based upon best available technology be implemented effective with the 1981 model year. Regulations will be promulgated during 1978 so that manufacturers will have sufficient lead time to comply with the standard. In addition to the standard setting requirements, the amendments require various studies and reports: 1. Continuing pollutant studies are required by EPA concerning the effects of each pollutant emitted from heavy-duty vehicles and other mobile sources, beginning in June, 1978, and each three-year period thereafter. 2. Particulate studies are also called for. Within 18 months of enactment, a report to Congress is due on health effects of particulates, including an assessment of the technology for controlling such particulate matter. The amendments also require a characterization study of mobile source particulates, including an analysis of relationship to fuel and fuel additives and consideration of particulates unrelated to engine emission (tire debris, asbestos from brake lining, and others). 3. The amendments require a continuing contractual arrangement with the National Academy of Sciences (NAS) to study the technological feasibility of emission control. 4. In order to continue to examine NOX emissions and their control, EPA is required by the amendments to study the public health needs for development of a 0.4 g/m standard for NOX and the cost and technological capabilities of attaining such a standard. Congress also established as a research objective the development of automotive technologies which would achieve 90 percent reductions in the NOX levels from MY 1971 vehicles (i.e., 0.4 g/m NOx). To achieve this, the Administrator is to promulgate regula- • tions requiring manufacturers to submit low NOX research vehicles to EPA ' beginning with the 1979 model year. 62 ------- 5. The amendments also address the associated problems of fuel economy and require that EPA submit a report to Congress detailing the relationship between fuel economy and the emission standard compliance of vehicles of the immediately preceding year. 6. EPA is required to study the feasibility"and desirability of on- board hydrocarbon control technology for vapor control at refueling as opposed to on-site gasoline vapor recovery systems. Regulations for onboard hydrocarbon control are to be promulgated, after consultation with the Department of Transportation (DOT), if technology is proven to be feasible and desirable. 7. A study and report to Congress shall be prepared by January 1, 1979, on the effects on public health and welfare of odors or odorous emissions, the source of such emissions, and the available technology and associated costs for the control of such emissions. A study and report of CO intrusion into sustained use vehicles will be prepared including an analysis of the source and levels of CO in the passenger area, the effects of CO upon the passenger, and the available technologies for monitoring. 8. A study and report on the emissions of sulfur bearing compounds from motor vehicles and aircraft will be prepared by August, 1978, and will in- clude public health effects and costs and benefits of alternatives to re- duce such emissions. 9. A study and report of emissions of air pollutants from locomotives and locomotive engines will be prepared, including the effect of such emis- sions upon air quality within air quality control regions, the available technology to control these emissions, and the status of proposed state and local regulations affecting such emissions. Finally, the amendments specifically provide that EPA, prior to issuing a certificate of conformity, ensure that no harmful pollutants are emitted. Although manufacturers have long been required by EPA regulation to ensure that emission control systems would not result in hazardous conditions, EPA may now require manufacturers to conduct specific testing and analyses to ensure that harmful levels of unregulated pollutants are not being emitted and that no unreasonable safety risk is caused by the emission control system. 63 ------- Certification Testing Certification of new passenger cars for compliance with Federal emission standards began with 1968 model year vehicles. The program in- cludes testing of prototype vehicles that represent all new major vehicles sold in the United States. The manufacturer is 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 periodically 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 1978 model year light-duty vehicles, light-duty trucks, and heavy-duty engines was completed and certi- fication of 1979 models began. The certification program for.the 1978 model year involved monitoring the test program of approximately 50 manufacturers, reviewing durability data from approximately 500 vehicles and engines, and reviewing emission data from almost 1000 vehicles and engines. To reach this level of certification, EPA conducted approximately 2200 emission tests on 1978 light-duty vehicles and light-duty trucks. 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 running change applications were processed 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 - now the Department of Energy) for consumer use. During 1977, EPA tested about 900 vehicles to determine their fuel economy rates. Three figures 64 ------- were obtained for each vehicle: a cold-start city mileage figure, a highway mileage figure, and a combined city-highway mileage figure. EPA thus pro- vides 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 in 1977 it was 18.6 mpg. In 1978 cars are expected to average 19.4 mpg. The 1978 estimate represents a 40 percent increase over 1974 models. The increase is due primarily to shifts to lighter weight vehicles and, to a lesser degree, to changes in engine calibration made possible by the use of catalytic emission controls. MOTOR VEHICLE EMISSION REGULATIONS — ACTIONS. TAKEN IN 1977 Light-Duty Vehicles and Light-Duty Trucks; Emission Control Regulations Currently, to determine compliance with emission standards in certi- fying new vehicles for sale, EPA tests vehicles with their various adjust- able parameters (e.g., air/fuel mixture, ignition timing) set to manu- facturer's specifications. However, data indicate that significant numbers of these vehicles, are exceeding the standards in actual use due to malad- justments.* On October 21, 1977, a rulemaking was proposed to amend the procedures by which light-duty vehicles (LDVs) and light-duty trucks (LDTs) are tested for the purposes of determining compliance with applicable Federal regula- tions established under the Clean Air Act. Specifically, this action would permit EPA to test these .vehicles with their engines adjusted to any setting within the physically adjustable range, rather than set precisely to the manufacturer's specifications. The goal of this amendment"is to require these vehicles to meet the standards even when maladjusted or, more realis- tically, to motivate manufacturers to effectively reduce the feasibility of maladjustment. *Copies of this study, "Automobile Exhaust Emission Surveillance Analysis of the FY 1974 Program-EPA-460/3-76-019," 460-76-019 (September 1976) may be obtained from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161. 65 ------- Inspection/maintenance programs are being established in many states as a transportation control measure to comply with ambient air quality standards. Section 207(b) of the Clean Air Act provides for manufacturer payment of repair for failed vehicles if the vehicle was properly maintained and used and if it was tested by a test which correlates with the Federal Test Procedure used in certification and assembly line testing. To implement Section 207(b), a Notice of Proposed Rulemaking was published in May, 1977, to establish short test methods and procedures for ascertaining whether a vehicle complies with the emission standard which can be correlated with the Federal Test Procedure. Public hearings'were held on the proposal in New York, Chicago, and Portland in September, 1977, Heavy-Duty Engines: Emission Control Regulations In September, 1977, EPA promulgated regulations prescribing more stringent gaseous emission standards for heavy-duty gasoline and diesel engines for the 1979 and later model years. The promulgated standards are listed in Table VII-2. Optional use of the existing test procedures and instrumentation will be allowed for 1979 only, due to insufficient lead time for procurement of the improved instrumentation. Stricter emission standards for heavy-duty vehicles were necessitated. by the inability of some air quality control regions (AQCRs) to meet national ambient air quality standards without further control of HC, CO, and NOX. Although the heavy-duty vehicle population accounts for only approximately five percent of all registered motor vehicles (21 percent of total vehicle miles travelled in 1975), the levels of HC, CO, and NOX that it is responsi- ble for is significant. This action is forecast to result in urban air quality improvements of two to five percent for oxidants, one percent for CO, and one to two percent for NOX. Motorcycle Emi ssions Motorcycles are one of many small but 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. A final rulemaking was published in January, 1977, adopting standards as outlined in Table VII-2. No standards for oxides of nitrogen have been 66 ------- promulgated because an air quality analysis indicates that the motorcycle contribution to.motor vehicle NOX emissions is negligible, estimated to be less than one half of one percent in 1990. The 1978 standard will result in an average 34 percent reduction in HC and an average 36 percent reduction in CO emissions compared to the uncon- trolled motorcycles. For the 1980 standards these percent reductions are 54 and 49 respectively. Fuel Economy Regulations During 1977 EPA promulgated several regulations affecting the ongoing fuel economy program. The rules for the testing and calculation of passen- ger automobile manufacturer's average fuel economy, which was originally published in 1976 as a combined Notice of Proposed Rulemaking and Interim Final Rulemaking, were published as final on September 12, 1977. These rules set forth the procedures to be used to calculate the corporate average fuel economy of passenger auto manufacturers for compliance with the 1978 fuel economy standards. Similarly, on September 13, 1977, Interim Final Regulations were published establishing procedures for calculating a manufacturer's average fuel economy for non-passenger automobiles (light trucks and vans) effective in 1979 and later model years. Some minor changes were made by EPA in the fuel economy labeling pro- gram to make the information which appears on the fuel economy labels more useful to the consumer. Regulations were promulgated as final on September 12, 1977, affecting the way some cars are classified for fuel economy ranking purposes. For example, the regulations provide for division of the sub- compact class into two smaller classes to distinguish the extremely small subcompacts from the subcompacts which approach the compacts in size. This rulemaking also eliminated the practice of specific labeling, which gives the fuel economy of individual vehicle configuration (i.e., specific axle ratio, inertia weight) as opposed to general labeling which gives the fuel economy of a model type. EPA considers that specific labeling practices may represent consumer deception and foster reduced consumer confidence in the fuel economy labeling program. Another regulation promulgated as an interim rule in July, 1977, established a new set of requirements for the format and content of the fuel economy labels for the 1978 and later model years. This action is intended 67 ------- to improve the impact of the labels by highlighting the pertinent informa- tion on the label and directing the consumer to the EPA/FEA Gas Mileage Guide for details. A single format for labeling will be used in 1979 and subsequent model year automobiles. EPA also published Interim Final Regulations "in August, 1977, for retrofit device testing. These regulations establish evaluation criteria and test procedures for evaluating the fuel economy improvement claims and effects on emissions for devices that may be retrofitted on new or in-use vehicles. Finally, in December, 1977, a Notice of Proposed Rulemaking was published to establish a valid and standardized methodology for calculation of cargo volume, an element used in determination of vehicle class. EMISSIONS FROM VEHICLES IN USE Emission Factor and Restorative Maintenance Programs EPA began an Emission .Factor Program in 1971 to determine the emission performance levels of in-use vehicles at varying mileage and age intervals after such vehicles are subjected to actual owner use and maintenance. The p f • collected emission data are critical to 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 6 U.S. cities. The vehicles are all tested in an as-received condition, i.e., as maintained by their owners upon de- livery for testing. The study completed in 1976 (termed the FY 74 Emission Factor Program) tested vehicles 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 NOX standard, and only 37 percent passed all three standards. This pattern of failure of relatively new cars to meet the standards for which they had been certified made necessary a major effort to pinpoint the cause of these failures. For that purpose, EPA initiated an effort known as the Restorative Maintenance Evaluation Project. This project, 68 ------- initiated in the fall of 1976 and completed during 1977, was designed to test 100 randomly-selected vehicles of MY 75/76 in each of four metropolitan 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 still failed to meet emission standards. The procedural steps were 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 disablement of 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. The purpose was to yield data on whether cars- will continue to meet emission standards after certification, if properly maintained. Testing was recently completed on all non-California vehicles. The results in percent of vehicles failing to meet standards and mean emissions from all vehicles are presented in Table VII-3. Table VI1-3. MEAN EMISSION (G/MI) AND PERCENTAGE OF VEHICLES FAILING TO MEET STANDARDS, BY TEST POINT AND POLLUTANT HC CO NOX HC or CO Any of HC/CO/NO¥ rt Fuel Economy (mpg city) Test 1 28.0% 1.32 g/mi 38.7% 20.27 g/mi 28.0% 2.82 g/mi 40.0% 57.7% 13.74 Test 2 25.0% 1.25 g/mi 35.3% 18.44 g/mi 20.3% 2.65 g/m1 36.7% 51.0% 13.75 Test 3 7.3% 0.90 g/mi 8.3% 8.13 g/mi 17.0% 2.69 g/mi 11.3% 27.0% 13.98 Test 4 4.3% 0.89 g/mi 5.0% 7.65 g/mi 12.3% 2.55 g/mi 7.0% 18.7% 13.95 69 ------- Even though approximately 58 percent of all vehicles tested failed to meet all three emission standards in their as-received condition, the mean emis- sion for all vehicles for HC and NOX was below the standard. Significant reductions in CO and minor reductions in NOX occurred as the test series # * progressed. The mean emission for CO dropped well below the standard when idle mixture settings were restored to specification between tests 2 and 3. These tests confirm the earlier suspicion that idle mixture maladjust- ments are largely responsible for failure for HC and CO, as shown by the large drop in mean emissions and in percentage failing between tests 2 and 3. Finally, the slight improvement in fuel economy over the four-test series suggests that improved emission performance does not harm fuel economy per- formance. ASSESSMENT OF MOBILE SOURCE TECHNOLOGY Motor Vehicles - Current Technology and Future Trends Most cars to date have been equipped with a type of emission control device known as an oxidation catalyst. This device is designed to achieve more complete oxidation of hydrocarbons and carbon monoxide into water and carbon dioxide, respectively. In addition, the employment of oxidation catalysts allows the carburetor and distributor to be recalibrated for more optimal fuel economy. More recently, three-way catalyst systems, first introduced by Volvo in 1976, have begun to appear on certified vehicles in growing quantities and appear to be the systems that are being considered most seriously for future applications. The three-way catalyst has been specifically formu- lated for control of HC, CO and NOX simultaneously in one catalyst bed. It provides excellent fuel economy performance with low sulfuric acid emissions. Turbocharging has also been used on a number of recently certified vehicles. Basically, this technique employs a turbine in the exhaust flow to drive a compressor regulating the intake charge to the cylinders. This results in combustion of more air fuel charge in a given amount of time, thus generating more power. Turbocharging does not appear to have either a positive or a negative impact on emissions at this point, although more •data .on vehicles targeted to meet future, more stringent standards are needed, 70 ------- The use of diesel engines in passenger automobiles continues to increase as a result of intensive ongoing research by manufacturers. General Motors has introduced a diesel for the 1978 model year in some passenger vehicles and light-duty trucks. This currently developed engine meets .9 g/m HC, 3.4 g/m CO, and 2.0 g/m NOX emission levels. Other engine designs under study include: Rotary, Stirling, Gas Turbine, Variable Displacement, Staged Combustion 3-Valve Prechamber and Direct In- jection Stratified Charged Engines. Alternative fuels such as hydrogen and methanol continue to receive active attention. Improved warm-up emission control devices and heat conservation tech- niques are two additional areas of emission control 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 conservation 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. The general area of improved fuel metering has been one that has always received great interest and emphasis. Precise control of such parameters as degree of atomization, air/fuel ratio over the range of engine speeds and cylinder to cylinder distribution of fuel can greatly impact pollutant emissions, fuel economy and driveability. Presently, the bulk of the fuel metering system development appears to be concentrated on systems with feed- back control of air/fuel metering using an exhaust gas oxygen sensor. The proper exhaust gas oxygen level is necessary for systems that use three-way catalysts. The emphasis on the part of domestic manufacturers seems to be on feedback carburetion as opposed to feedback fuel injection systems. Another area of accelerated 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. Ignition systems, the Electronic Fuel injection (EFI) system, and General Motors' programmed air injection are a few examples. All-electronic control or integration of virtually all variable engine parameters could be expected to permit significant improvement in emission reductions, fuel economy and ------- performance over current, mechanically controlled systems. These control units could also be used to.generate quick and accurate data when hooked up to diagnostic instruments, with potential benefits to the public in terms of maintenance quality and costs. Major unsolved problems include the de- velopment of inexpensive, precise sensors and activators that will withstand the hostile automotive environment and the development of an appropriate failure mode which would activate an associated interim operational mode. Finally, Nissan Corporation has demonstrated that further advances in the control of the basic engine emissions are still possible. By employing a twin spark plug cylinder head they have achieved low mileage NOX results below the 0.4 NOx level, without catalytic control of NOX. Whether such results will hold for all classes of vehicles remains to be seen, but it seems to be a potentially promising technique. Characterization of Currently Unregulated Emissions Oxidation and three-way catalyst systems have the potential of producing many unregulated pollutants, especially under malfunction conditions such as misfire or rich operation. Such unregulated catalytic pollutants as platinum, nickel compounds, benzene, nitrogen compounds (ammonia, hydrogen cyanide, etc.), sulfur compounds including sulfuric acid, and polyaromatics were first empha- sized as potential problems in 1972 and continue to be studied in 1977. A new study was initiated this year to characterize regulated and un- regulated emissions from low NOx catalysts under malfunctioning conditions. This study extends previous work in this area to include testing of three- way catalyst vehicles and, to a limited degree, dual catalyst vehicles. Studies undertaken in 1976 to study HCN emissions from three way and dual catalysts continue on a low priority basis as work in 1977 has confirmed that HCN emissions are, in effect, no problem, although continued measure- ment is recommended. Since the discovery in 1972 of sulfuric acid as an exhaust pollutant from certain prototype catalyst-equipped cars, EPA and others have extensively investigated these emissions. Work during the past year confirmed earlier studies showing that exhaust oxygen levels are the most important single parameter affecting sulfuric acid emissions. However, low exhaust oxygen levels, such as those found with three-way catalyst vehicles or with oxidation catalyst vehicles without air pumps, result in negligible 72 ------- sulfuric acid emission levels — levels which are equivalent to those found in non-catalyst cars. In addition, limited test results have shown that higher mileage oxidation catalyst/air pump vehicles have lower sulfuric acid emission levels than the same vehicles have at lower mileages. Ongoing studies of vehicle sulfuric acid emission rates, ambient exposures produced by those emissions and possible adverse health effects of sulfuric acid at various levels are expected to provide the necessary data to determine the need for a motor vehicle sulfuric acid emission standard. In addition to unregulated pollutants from catalyst vehicles, particulate emissions from light- and heavy-duty diesels are being investigated. The vast majority of these particles consists of elemental carbon and large quantities of adsorbed materials including organic compounds, polynuclear aromatics (PNAs) and sulfates. These particulates are less than one micron in size, which allows deep penetration into the respiratory tract with possible deleterious health effects. Characterization studies of diesel engine exhaust particulates initiated in 1976 are continuing in 1977 so that appropriate standards can be proposed. A light- and heavy-duty truck standard for particulates is required for the 1981 model year. In addition to particulates, diesels also produce crankcase emissions which are currently being characterized. Earlier work indicated that nitrosamines might be present at extremely low levels as engine blow-by emissions. Many nitrosamine compounds, such as DMN, are considered to be carcinogenic. Various fuel and lubricant additives can have deleterious effects on emission control systems, especially catalytic systems. Studies on a variety of additives (e.g., manganese octane improver additive, barium smoke suppressant, molybdenum sulfide oil additive) continue in an effort to de- termine their effects on emission control systems. For example, previous studies of manganese octane improver additive (MMT) indicated impairment of emission control system performance and durability at the standard level of 0.125 grams per gallon. The Clean Air Act Amendments have, in response to these studies, severely limited the use of MMT as of November, 1977, and have prohibited its use after September, 1978. If it is found, however, that certain percentages of MMT will not cause or contribute to a failure of any emission control system or device, then a waiver may be granted by EPA. . Major test programs are currently being conducted to evaluate identical emission control systems with and without MMT. 73 ------- Aircraft Studies are continuing on the emissions of CO, HC, NOX, and smoke from commercial and private aircraft. Current efforts are concentrated in the following areas: 1. Improvement of the precision of the emission sampling and measure- ment 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. Development of a new regulation to amend the emission standards for turbine aircraft engines originally promulgated in July, 1973. In conducting the above programs, maximum advantage is taken of ongoing efforts by other Federal agencies active in the aircraft, emission area. These are principally the National Aeronautics and Space Administration, the United States Air Force, and the Federal Aviation Administration (FAA). In particular, the FAA is continuing their High Altitude Pollution Program (HAPP) to investigate 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 findings whether aircraft regulations already promulgated require modifica- tion to respond to upper atmosphere problems. 74 ------- VIII. RESEARCH IN MONITORING INSTRUMENTATION AND QUALITY ASSURANCE Measurement systems to quantitatively detect pollutants in emissions from sources and in the atmosphere are critical to EPA's abatement and control programs. 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 regulations, standards, and implementation plans are promulgated, reliable reference measurement methods must also be promulgated to accurately monitor the achievement and maintenance of the standards. The quality assurance program must ensure that the monitoring data EPA uses are sufficiently accurate, precise, and reliable to meet Agency needs at reasonable cost. MONITORING DEVELOPMENTS Stationary Source Emissions Measurement A major effort during 1977 resulted in the revision of Reference Methods 1-8'pertaining to Standards of Performance for New Stationary Sources, The development of methods and instruments for precise and rapid identifi- cation and measurement of pollutants from stationary source emissions in- cluded many additional accomplishments in 1977. A tentative method for measuring emissions of polychlorinated biphenyls (PCBs) was developed and is undergoing testing. Instrumentation was developed and performance speci- fications were prepared for hydrogen sulfide monitoring systems. An im- proved remote optical sensing system, with a newly installed Fourier trans- form spectrometer, capable of measuring gaseous fluoride emissions was de- veloped. A transmissometer system was developed that measures the opacity of source emissions containing condensed water; this can provide continuous monitoring of emissions from sources with wet scrubber control systems. A mass emission rate monitor for sulfur dioxide for concentrations in excess of 150 ppm was developed. Techniques were developed for measuring sulfur 75 ------- species in emissions from combustion sources to include (a) sul fates by modification of EPA Reference Method 6,.(b) gas phase sulfuric acid by controlled condensation and by dewpoint monitoring system, and (c) sulfuric acid on collected particulate by a microdiffusion technique. Table VIII-1 (Stationary Source Measurement Methods) lists the methods for which testing was completed in FY 77 and those which were still being evaluated at the end of the year. Mobile Source Emissions Measurement Mobile source emissions research resulted in the development of a reference procedure capable of measuring individual hydrocarbons in diesel- powered vehicle emissions. These procedures include all hydrocarbon emissions whether they be gaseous, liquid or bound to particles and will be used to evaluate candidate certification procedures for passenger cars. Two new improved procedures to measure hydrogen cyanide were developed: one procedure provides for real-time analysis while the other technique dis- tinguishes gaseous cyanide compounds. Table VIII-1. STATIONARY SOURCE MEASUREMENT METHODS Metncds Tested in FY 77 In Process Source Pollutant (EPA Method Number) Source Pollutant EPA Method Number) Petroleum Refineries Phosphate Fertilizer Plants Aluminum Reduction Plants Various Sources H2S (11 modified) Fluorides (13) Fluorides (13) PCBs Vinyl Chloride Production & PVC Fabricating Plant Sewage Sludge Incinerators Battery Manufac- turing Plants Copper Smelters Sulfuric Acid Plants Various Sources Sinter Plants Vinyl Chloride (106) (to be collaboratively tested) Mercury (105) Lead Arsenic S02/S03-H2S04 Mist (8 revised) Benzene Condensable organic emissions ------- Ambient Air Measurement The decision to make lead a criteria pollutant required that a new reference method be developed for measuring airborne lead. A tentative reference method (using atomic-absorption spectrometry to analyze the lead contained in particulate matter collected over a 24-hour period) was de- veloped. A method for measuring ambient levels of PCBs was developed. The method is not yet standardized but is being evaluated. Efforts were made to replace the current calibration procedure for measuring ozone. It is expected that a method involving either improved ultraviolet spectrometry or gas phase titration will be selected in 1978. New developments to measure ambient air pollutants included an optimum method for measuring atmospheric concentrations of asbestos. A provisional methodology based on collection on nucleopore filters and electron micro- scope analysis is now available. A method of time integrated collection and analysis of atmospheric ammonia was developed; concentrations as low as 1 ppb can be assayed. A new virtual impactor design will improve the per- formance and fabrication costs of the dichotomous sampler used to sample par- ticulate matter by segregating the particles into two size ranges — res- pi rable and non-respirable. Other developments in 1977 include the application of a proton elastic scattering technique for analyzing light elements (lithium through silicon) in atmospheric aerosols; a technique to estimate the submicron size distri- bution of atmospheric aerosols; and a prototype photometer for laboratory use in calibrating ozone generators, to serve as EPA's primary reference instrument. A gas chromatograph has been coupled to an optical-acoustic detector and successfully used to measure specific trace gases (e.g., Freon 11 and 12) in the atmosphere; this system has the.potential for detecting a large number of gases and vapors. Table VIII-2 (Ambient Air Quality Measurement Methods) lists the methods tested in FY 77 and those still being evaluated at year's end. QUALITY ASSURANCE A five-year quality assurance plan was published in July, 1977. The planning document described the program, summarized the current status of EPA's quality assurance efforts and delineated the resources and approaches 77 ------- required to develop and carry out an adequate Agencywide program to ensure scientifically valid environmental measurements. Table VIII - 2 AMBIENT AIR QUALITY MEASUREMENT METHODS Tested in FY-77 In Process Pollutant . N03 Method Colorimetric _ Pollutant Oxidant S04 S04 Lead PCB Method Ch emi 1 umin e s c en t Colorimetric (automated) Turbi dome trie Atomic Absorption (tentative reference method) Gas Chromatographic FEDERAL REFERENCE AND EQUIVALENT METHODS A new Federal reference method for N02, operating on the principle of chemiluminescence, was promulgated in the December 1, 1976, Federal Register. A short-term continuous NOg standard measurement method was also developed. Improvements in the S02 pararosaniline method were also developed. Measurement'methods (for ambient air) that have been approved as reference or equivalent are listed in Table VIII-3. 78 ------- Table VHI-b. LIST OF REFERENCE AND EQUIVALENT METHODS ESTABLISHED OR REVISED IN FY 1977 to 0 DESIGNATION NUMBER . EQSA-1275-005 EQSA-0276-009 EQSA-0676-010 EQSA-0876-OH EQSA-0876-013 EQSA-0877-024 * OA-1076-014 OA-1076-015 OA-1076-016 OA-1176-017 IDENTIFICATION Lear Siegler Model SM1000 S02 Ambient Monitor Thermo Electron Model 43 Pulsed Fluorescent S0_ Analyzer Philips PW9755 S02 Analyzer Philips PW9700 SO. Analyzer Monitor Labs Model 8450 Sulfur Monitor ASARCO Model 500 Sulfur Dioxide Monitor MEC Model 1100-1, 1100-2, or 1100-3 Ozone Meter Monitor Labs Model 8410E Ozone Analyzer ^^•^^^•^^•^^^^••V^^H^V^H^^H*- REF. OR EQUIV. Equlv. Equlv. Equiv. Equiv. Equiv. Equiv. Ref. Ref. i . - FED. REGISTER NOTICE VOL. 41 42 41 42 41 42 41 41 42 41 42 41 PAGE - 3893 13044 8531 20490 26252 28571 34105 36245 44264 466747 30235 53684 DATE 1/27/76 3/08/77 2/27/76 4/20/77 6/25/76 6/03/77 8/12/76 8/27/76 i 9/02/77 10/22/76 6/13/77 12/08/76 ------- Table VIII-3 (continued). LIST OF REFERENCE AND EQUIVALENT METHODS ESTABLISHED OR REVISED IN FY 1977 CD O DESIGNATION NUMBER EQOA-0577-019 RFOA-057 7-020 EQOA-0777-023 RFCA-0876-012 RFCA-0177-018 RFNA-0677-021 » RFNA-0777-022 IDENTIFICATION Daslbl Model 1003-AH Ozone Analyzer Beckroan Model 950A Ozone Analyzer Philips PW9771 0- Analyzer Beckman Model 866 Ambient CO Monitoring System LIRA Model 202S Carbon Monoxide Analyzer System Monitor Labs Model 8440ft Nitrogen Oxides Analyzer Bendix Model 8101-C Oxides of Nitrogen Analyzer REF. OR EQUIV. Equiv. Ref. Equiv. Ref. Ref. 1 Ref. Ref. FED. REGISTER NOTICE VOL. 42 42 42 41 42 42 42 PAGE 28571 28571 38931 36245 5748 37434 37435 DATE 6/3/77 6/3/77 8/1/77 8/27/76 1/31/77 7/21/77 7/21/V7 ------- IX. ENFORCEMENT STATIONARY SOURCE ENFORCEMENT Section 110 — State Implementation Plans (SIPs) The highest priority task of the EPA Stationary Source Enforcement Program is attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) for particulate matter (TSP), sulfur oxides (SO ), and ^ photochemical oxidants (0 ). Under Section 110 of the Clean Air Act, A states were required to develop implementation plans for achieving the ambient standards for these pollutants. The date by which these standards were to be met was May, 1975, for all but the 16 states which were granted extensions until May, 1977. The responsibility for'ensuring that stationary sources comply with SIP emission limitations so that target levels of air quality are met is shared by the states and EPA. The states have primary responsibility for achieving clean air within their jurisdictions; however, the Act requires that EPA take independent action when states fail to do so. EPA contri- butes to state air enforcement efforts through state control agency grants and contractual assistance. Direct enforcement by EPA is also necessary to assist states with source'compliance where the state is unable or unwilling to take the appropriate action to assure compliance. SIP Compliance Status It is estimated that over 200,000 stationary sources are now subject to SIP emission limitations. Approximately 23,000 of these are "major" sources (i.e., facilities individually capable of emitting more than 100 tons of a pollutant per year). Because these major sources account for about 85 percent of all air pollution from stationary sources, enforcement 81 ------- efforts have centered on bringing these polluters into compliance to achieve the greatest emission reductions possible. As of October, 1977, EPA and the states had identified 23,033 major sources subject to SIP.emission limitations. Of these sources, 21,634 were operating in final compliance and another 1,225 were meeting incre- mental clean-up dates in compliance schedules or orders, representing a compliance level of 94 percent (Table IX-1). EPA conducted 2,369 plant inspections and 662 formal enforcement actions while the states were responsible for 25,960 field inspections and initiated 15,646 enforcement actions. These actions were instrumental in bringing many of these sources into compliance. Figures IX-1, IX-2, IX-3 and IX-4 give a breakdown of these figures by EPA regions. The Task Ahead The number of sources complying with SIP standards has shown a steady improvement over the last year. However, EPA still has a difficult task ahead as 1,225 major sources remain in violation of emission standards or compliance schedules and the compliance status of 174 major sources is • * still in doubt. Unfortunately most of these 1,399 sources are located in areas which are not meeting National Ambient Air Quality Standards. To make EPA's and the states' task even more difficult, these offenders are often large sources such as power plants and steel mills which have a history of reluctance to comply with the standards. In the past, enforcement efforts have mainly concentrated on achieving standards for particulates and SOg. It is now apparent that considerable effort will also be needed to reduce levels of photochemical oxidants as most AQCRs are not attaining ambient standards for this pollutant. Toward this end, an increased focus will be on reducing levels of hydrocarbon emissions through vigorous enforcement of existing emission standards and assisting in the development ;of enforceable emission limits in those non- attaining AQCRs where regulations are lacking. " An essential part of EPA's enforcement program deals with assuring continued compliance by -sources already meeting the SIP standards. A large number of surveillance investigations must be conducted by EPA and 82 ------- Table IX-1. COMPLIANCE STATUS OF MAJOR EMITTERS (BY EPA REGION) (Oct 1977) EPA Region I II III IV V VI VII VIII IX X Total Total Class A Sources Identified 1201 1971 2657 4762 4404 2584 1802 650 2153 839 23033 Compliance Status Sources Complying With Standards Or Schedules 1171 1764 2451 4542 4046 2443 1691 618 2093 815 21634 Sources violating Standards or Schedules 28 155 202 194 355 90 92 26 59 24 1225 Sources of Unknown Compliance Status 10 56 4 26 1 51 19 6 1 0 174 00 ui ------- 00 Figure IX-1. ENFORCEMENT ACTIONS INITIATED BY EPA REGIONAL OFFICES October 1, 1976 - September 30, 1977 81 105 42 134 122 18 Total =662 83 17 37 23 Regions I II III IV V VI VII VIII IX ------- Figure IX-2 ENFORCEMENT ACTIONS INITIATED BY STATES (by EPA Region) October 1, 1976 - September 30, 1977 Total = 15,646 00 in 1269 3898 1406 894 1207 944 538 83 Regions I II III iv VI 4744 VII VIII IX 663 ------- Figure IX-3. INSPECTIONS CONDUCTED BY EPA REGIONAL OFFICES • October 1, 1976 - September 30, 1977 Total 2,369 r «•> -i 324 295 260 241 CO 189 164 141 129 123 Regions I II III IV VI VII VIII IX ------- OQ Figure IX-4. STATE CONDUCTED INSPECTIONS (by EPA Region) October 1, 1976 - September 30, 1977 4682 3428 931 1945 Total = 25,960 3703 3453 3260 1688 575 1295 Regions I II III IV V VI VII VIII IX ------- the states to monitor the compliance status of these sources. The incor- poration of continuous monitoring programs into SIPs will substantially aid this enforcement effort. •» New Source Review (NSR) All SIPs must contain regulations requiring preconstruction review of proposed sources and disapproval of new or modified air pollution sources which would interfere with the attainment or maintenance of a National Ambient Air Quality Standard (NAAQS). EPA enforcement activities concerning Mew Source Review include assessing state NSR programs to determine their adequacy, assisting states in instituting effective programs, and initiating enforcement actions against non-complying sources. Problem Major Source Categories Regulated Under §110 EPA and the states have identified several categories of major sources which lag behind in achieving compliance with emission standards. Among these sources are coal and oil fired power plants, integrated iron and steel manufacturing plants, and primary smelters. Control of sulfur oxide and particulate emissions from these sources is essential if the NAAQS are to be attained. For this reason, EPA has taken special efforts to bring about compliance by these sources. Power Plants Coal and oil fired power plants emit nearly two-thirds of the total national emissions of sulfur oxides. In addition, they are responsible for heavy concentrations of particulates in the ambient air. Of the nation's 623 large coal and oil fired power plants, approxi- mately 71 percent are operating in full compliance with SOX emission limitations. An additional 16 percent are in violation of the standards and the remaining 13 percent are under EPA review. Included in the latter category are 69 plants 1n Indiana and Ohio where SIP SO standards have A only recently been promulgated (Indiana) or are being challenged (Ohio). The 76 enforcement actions initiated by EPA during the past year, as well as state enforcement efforts, were responsible for improved compliance status by many of these sources. ------- The major approaches to reducing SOg emissions from power plants have been the use of low-sulfur fuel or flue gas desulfurization (FGD) systems. At this time, 125 FGD units have been installed, are under construction, or are in various stages of planning. Advances in technology associated with these systems have resulted in the development of new regenerable systems that reduce the waste disposal burden and are capable of achieving 90- percent or better efficiency. During the upcoming year, state and Federal enforcement agencies will be faced with the difficult task of maintaining SO standards in the iridst ^ of increasing numbers of Department of Energy (DOE)-ordered coal conver- sions. Activities will include monitoring compliance of these sources, setting and enforcing interim emission limitations, and coordinating with DOE to identify potential coal conversion sources. In addition to violating SO standards, power plants are also heavy A contributors to particulate loadings in the ambient air. At this time, the compliance level for particulate matter is worse than that for SO , A with only 62 percent of the 623 large plants in final compliance. Particu- late control is readily available and of relatively little expense when compared to SO control; therefore, compliance status with the standards A is expected to improve in the near future. 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 and are at least partially responsible for exceeding NAAQS in many areas. Five primary smelters are now operating in full compliance with SIP SO standards or compliance schedules. Three sources are operating in A violation of standards, schedules, or orders. There are 16 smelters located in areas where there is no applicable SIP in effect or where the SIP is inadequate and SO standards are needed. EPA and state enforcement ^^ efforts will continue to be directed towards developing adequate SIP standards in several states and pursuing actions against violators. The Clean Air Act Amendments of 1977 provide for issuance of orders specifying final compliance dates for smelters. It is expected that the 89 ------- majority of sources will apply for such orders during the next year. Enforcement agency resources will be required to evaluate requests for these orders and monitor compliance with the terms of the orders. —• Iron and Steel Mills/Coke Plants There are 53 integrated iron and steel plants which produce, in the aggregate, about 90 percent of total U.S. raw steel production. These plants consist of 591 sources of air pollution including coke plants, sinter plants, blast furnace shops, and steelmaking shops (open hearth, electric arc, or basic oxygen furnace). Approximately 15 percent of these sources are operating in final compliance and 26 percent are on strict schedules leading to compliance in the near future. Ten percent (10%) are of unknown compliance status. Although 49 percent of all integrated steel processes are in violation of applicable standards, considerable progress is being made to bring about compliance by this industry. During the past year, 43 enforcement actions were initiated by EPA. These actions included civil/criminal actions, notices of.violation, and administrative orders. It should be noted that the compliance levels quoted above refer to fugitive as well as stack emissions, . v • — — Impact of Fugitive Emissions Fugitive process emissions are pollutants formed during an industrial process which escape to the air without being vented to a stack. Generally, these emissions are difficult to capture and therefore difficult to control. The steel industry argues that the cost of controlling fugitive pro- cess emissions is excessive and that the impact of fugitive emissions on air quality is negligible. However, a number of studies have been con- ducted which show that fugitive emissions from iron and steel plants are large in terms of mass and have a major impact on ambient air quality. Despite the reluctance of the steel industry to control fugitive emissions, there have been some improvements in this area. As an example, seven plants have installed equipment for controlling emissions from charging and tapping operations at basic oxygen furnaces during the past year. Prior to this time, there were no controls for emissions from this source in the U.S. Further increases in the number of coke batteries 90 ------- controlling emissions from pushing operations and advances in the control of coke quenching processes have also boosted the control system program for this industry. Section 111 — New Source Performance Standards (NSPS) There are currently 646 new sources in 19 source categories subject to NSPS. Of these, approximately 82 percent are operating in full compliance with applicable regulations. Standards have also been proposed for regu- lations for another six categories and are expected to be promulgated within the next year. A requirement of the Clean Air Act Amendments of 1977 is the evaluation by EPA of existing NSPS and designation of additional categories of sources emitting pollutants which adversely affect public health or welfare. As more NSPS are promulgated and as older manufacturing plants are replaced by new, more efficient plants, NSPS will play a greater role in achieving and maintaining NAAQS. Delegation of enforcement authority to state and local governments is crucial to this program. Progress in this area has increased the num- ber of delegations from 20 states and 18 localities in September, 1976, to 34 states and 27 localities by November, 1977. (Table IX-2) Section 112 — National Emission Standards for Hazardous Air Pollutants (NESHAPS) As of October, 1977, 1162 air pollution sources were subject to the NESHAP standards regulating emissions of asbestos, beryllium, mercury, and vinyl chloride. Of these, approximately 95 percent were operating in full compliance with the standards. On October 21, 1976, vinyl chloride standards were promulgated which applied to 59 existing sources and all new sources. A major effort was required by EPA to inspect these sources and evaluate the large number of applications for compliance waivers. To date, nearly all sources have been inspected and about 50 compliance waivers issued. Sources operating under waivers must be monitored by EPA to ensure timely installation of control equipment and compliance with interim emission limitations. All sources ** with compliance waivers must be in final compliance by October 21, 1978. As the scope of the NESHAPs regulations widens, EPA is strongly urging state and local agencies to request enforcement authority. In the past 91 ------- Table IX-2. 'DELEGATION OF NESHAP AND NSPS AUTHORITY TO STATE AND LOCAL GOVERNMENTS (November 22, 1977) ID fNS EPA Reqion I II III IV V VI VII VIII IX X Totals Number of Delegations NESHAPs States 5 4 3 5 4 0 0 3 2 2 _— — — — — — — — — — — — 28 Localities 0 0 1 2 0 0 0 0 22. 0 •. ..—.... — - 25 Number of Delegations NSPS States 4 4 2 5 5 0 2 6 3 3 " 34 Localities 0 0 1 2 0 0 0 n 24 r . _ _i i . . . — . - — 27 ------- year, authority was delegated to 13 state and 22 local governments which brought the total to 28 states and 25 localities (Table IX-2). EPA is actively sponsoring programs designed to assist states in requesting and obtaining delegation of NESHAPs authority. Energy The Energy Supply and Environmental Coordination Act (ESECA) of 1974 provides a mechanism to require the use of coal by major fuel consumers in order to conserve oil and natural gas reserves. Under the provisions of the Act, the Department of Energy (DOE) shall prohibit certain power plants and may prohibit other major,fuel burning installations from burning natural gas or petroleum products. In June, 1975, the Federal Energy Administration issued prohibition orders to 32 utilities consisting of 74 generating units. A second round of prohibition orders issued in June, 1977, affects an additional 46 units at 25 power plants and other major fuel burning installations. EPA is required to notify DOE which of these plants can burn coal and comply with applicable standards immediately. For those sources unable to comply immediately, EPA will certify the earliest date by which coal may be burned and applicable standards met. All ESECA notifications and certi- fications made after passage of the Clean Air Act Amendments of 1977 must have the prior written consent of the Governor of the state in which the source is located. Under Section 113(d)(5) of the Clean Air Act, as amended in 1977, delayed compliance orders (DCOs) may be issued to certain coal conversion sources that cannot immediately comply with standards and whose emissions will not cause NAAQS to be exceeded. (This provision is in lieu of a similar compliance date extension mechanism contained in Section 119 of the Clean Air Act in effect prior to the 1977 Amendments. It provides for issuance of DCOs in appropriate cases where conversion to coal is required under new or amended energy legislation.) Section 110(f) of the Act was amended in 1977 to provide a mechanism for temporary suspension of applicable SIP requirements where such action is necessary to respond to a national or regional energy emergency declared by the President. Prior to the 1977 Amendments, the authority for such 93 ------- general suspensions did not exist and enforcement discretion was used in handling most emergency situations. (This provision may be superseded by a provision in the proposed National Energy Act.) Section 125 was added to the Act by the 1977-Amendments and provides that a major fuel burning stationary source may be prohibited from using fuels other than locally or regionally available coal if it is determined that such action is necessary to prevent or alleviate significant local or regional economic disruption or unemployment which results from the use by that source of petroleum products, natural gas, or coal obtained from another region or locale. (It is expected that this provision will be amended when the proposed National Energy Act becomes law.) 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 pre- venting 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 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 activi- ties related to emission requirements for "new" motor vehicles or engines, I.e., motor vehicles or engines which have not yet been sold to the ulti- mate 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. Section 208 of the Act authorizes written inquiries by EPA 1n order to determine whether a manufacturer is or has been acting in accordance with the Act. 94 ------- During FY 1977 Mobile Source Enforcement personnel have conducted 85 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 manu- facturers are and have been acting in compliance with the Clean Air Act and its regulations. A total of 11 vehicle manufacturer investigations have been conducted during FY 1977, 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 pro- duction of information pursuant to Section 208 of the Act frequently accom- pany such requests, including requiring the manufacturer to develop emis- sion test data where violations may be accompanied by effects of emission performance. During FY 1977, 12 Section 208 letters have been issued. Final action was also taken on two cases which were previously referred to the Department of Justice. The U.S. District Court in Washington, D.C. ruled that EPA did not have the legal authority to bring suit against Chrysler Corporation for -introducing into commerce 9,185 vehicles that were materially different from the vehicles Chrysler submitted to EPA for certification testing. The Agency believed the applicable certificate was void ab initio since Chrysler installed a different emission component in a prototype test vehicle than that described to EPA in the Corporation's Application for Certification and actually installed in production vehicles. The Court stated that fraud on the part of the Corporation must first be proven under the existing regulations before certificates can be declared void, and there was no such evidence in this case. In a second case against Chrysler, the same Court ruled that the Corporation did introduce into commerce certain misbuilt 1974 model year vehicles not covered by certificates of conformity. These vehicles were assembled with incorrect carburetors, distributors, exhaust gas recircula- tion valves and orifice spark advance control valves at the Hamtramck, Michigan Assembly Plant. Unlike the previous case, in this instance the prototype vehicles were tested with the correct emission parts but pro- duction vehicles were assembled with components different from the test 95 ------- vehicle and those described in the Application for Certification. Of significant importance to the Agency was the Court's ruling that, as a matter of law, a vehicle is not covered by a certificate of conformity if it contains parts different from those described 'in the Application and reasonably expected to affect emissions even though the vehicle may, in fact, meet emission standards. 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. EPA has resolved eight investigations since September 30, 1976, and initiated an additional ten investigations since that date. Thirty vehicle classes are presently under investigation. For the period September, 1976, to September, 1977, manufacturers have initiated recalls on approximately 5.6 million vehicles as a result of EPA investigations. These recalls are being monitored by EPA. One recall order has been contested to date. Chrysler Corporation requested a hearing to contest the Administrator's December 8, 1976, order which involved approximately 208,000 1975 Chrysler vehicles. The hearing, which under EPA regulations is a formal adjudicatory hearing on the record before an Administrative Law Judge, has recently been completed (November 9, 1977). The major issues in the litigation include the Agency's interpreta- tion of the terms "properly maintained and used" and "substantial number" as they are used in the Act, the type of data which EPA may rely on to support a recall order, general manufacturer liability under the Act for foreseeable 1n-use conditions, and specific manufacturer liability for acts of its authorized dealerships insofar as emission control related maintenance is concerned. A decision is expected early in 1978. Both parties have appeal rights. Warranties and Aftermarket 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. There are two separate warranties, one which has been in effect since the 1972 model year (Section 207(a) of the Act), and one which will not be implemented until the Agency publishes 96 ------- regulations doing so (Section 207(b) of the Act, now scheduled for promul- gation for the 1979 model year and beyond). In conjunction with these pro- visions EPA is also developing a program for certification of after-market parts (i.e., those produced by business concerns which are independent from the vehicle manufacturers) in order to alleviate potential anticompetitive problems stemming from the presence of warranty coverage for a 5 year/50,000 mile period. Under the Clean Air Act as amended in August, 1977, the pro- gram is required to be in effect by August, 1979. The Section 207(a) or "production" warranty provision requires that manufacturers warrant all regulated vehicles and engines to be designed, built, and equipped to meet emission standards at the time of sale and to be free of defects in material or workmanship which cause the vehicle or engine to fail to conform to standards for a period of 5 years or 50,000 miles, whichever first occurs. The Agency believes that this warranty has proved to beof little utility to date since owners rarely know which com- ponents and failure modes are covered by it, and, even when claims are made, owners are often unable to show that their problem is one causing emissions to exceed standards. To overcome these difficulties, the Agency intends ultimately to promulgate regulations defining the coverage of this provi- sion, and has taken the first step in this regard by publishing an Advance Notice of Rulemaking on November 16, 1976. The 1977 Clean Air Act Amend- ments have strengthened the Section 207(a) warranty by providing that an improper claim dishonor by a manufacturer shall be treated as a prohibited act (Section 203(a)(4)(D)) with a potential $10,000 fine. EPA will be employing this increased authority to assure that owners are treated fairly when bringing emission production warranty claims. The Section 207(b) or "performance" warranty, when implemented, will require a manufacturer to repair vehicles which, although properly main- tained, still fail a state or local emission inspection program employing an EPA-approved short test. Promulgation of this warranty has been delayed to date because of technical difficulty in identifying relatively quick and inexpensive short tests which "are reasonably capable of being corre- lated" with the sophisticated test used on prototype vehicles, as Section 207(b) requires. However, EPA has now developed tests which it believes may satisfy the requirements of the Act and proposed them on May 25, 1977, 97 ------- along with proposed performance warranty regulations. Due to changes in various aspects of the Section 207(b) warranty coverage made by the 1977 Clean Air Act. Amendments, the warranty regulations will be reproposed. However, final promulgation in time for the 1979 model year is still anticipated. Certification for after-market parts has for some time been considered the optimum solution to potential anticompetitive problems raised by the emission warranties. In passing the 1977 Clean Air Act Amendments, Congress settled on this method by directing EPA to establish such a program within the next two years» EPA and the after-market industry have anticipated this need and have been involved during the past few years in development of technical criteria and standards by which such emissions certification may be approached. EPA has published an Advance Notice regarding the goals and requirements which such a program might entail. The program would enable after-market manufacturers to qualify their parts for use in maintenance under the emission warranties and thus elimi- nate any fear on the part of owners that use of aftermarket products would void emission warranty coverage. This will probably require some testing by the aftermarket manufacturers and a willingness to warrant their pro- ducts in a similar fashion as vehicle manufacturers are required to do. 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 admini- strative order and in accordance with the Federal Test Procedure, of a statistically representative sample of production vehicles from a speci- fied configuration. If nonconformity is established, EPA may suspend or revoke the certificate of conformity. The program was run on a trial basis until December 31, 1976. Test orders were issued but no enforcement sanctions were to be imposed as the result of vehicles failing to meet emission standards. One trial audit each was run for American Motors, Chrysler, Ford, and General Motors. Starting January 1, 1977, the SEA regulations became fully effective. Two audit teams have conducted a total of twenty-one audits for model year 98 ------- 1977. One manufacturer failed an audit and, as a result, made an engi- neering change to bring the vehicles into compliance. The Clean Air Act Amendments of August, 1977, require EPA to promul- gate regulations by August, 1978, for assessing h'eavy-duty vehicle and engine manufacturers nonconformance penalties for failure to meet the standards. Additionally, EPA must promulgate regulations for testing heavy-duty vehicles and engines at the assembly line to prevent the sale of vehicles and engines which exceed the standards by more than the permissible amount. Anti-Tampering Program Section 203(a)(3)(A) prohibits any person from removing or rendering inoperative a vehicle or engine's emission control system prior to sale and delivery to the ultimate purchaser. It also prohibits any manufacturer or dealer from knowingly tampering with such systems after sale and delivery to the ultimate purchaser. Section 203(a)(3)(B) was added in the 1977 Amendments and expands the prohibition after sale and delivery to include persons engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines, or persons operating fleets of motor vehicles. During 1977, 71 tampering inspections and inter- views were conducted. Thirty-four cases were referred to the Department of Justice for litigation. A total of 30 cases are currently under inves- tigation. Civil penalties totalling $8,500 were collected for 5 cases settled during this fiscal year. Imports Program Section 203 of the Act gives EPA and the U.S. Customs Service joint responsibility for enforcing the prohibition against importation of non- conforming motor vehicles. Over the past year, EPA has monitored the im- portation of all motor vehicles entered into the commerce of the United States. Of these, 1400 vehicles were imported under bond pending a demon- stration of conformity. Administrative sanctions were imposed against 245 importers for noncompliance with the regulations. EPA has conducted 40 investigations of alleged illegal importations. Four cases were referred to the Department of Justice for action. 99 ------- Unleaded Enforcement Program EPA has responsibility for enforcing Section 211 CO(I) of the Clean Air Act relating to the regulation of fuels and fuel additives. On January 1C, 1974, EPA promulgated regulations requiring the general avail- ability 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 regulations. This program includes sampling of the fuel at retail outlets by regional EPA field inspectors, private and state inspectors under EPA contract, and the analysis of the samples for lead content. From October 1, 1976, to September 30, 1977, EPA has conducted approxi- mately 29,847 inspections of service stations to ensure compliance with the unleaded fuel regulations. At the stations, 25,109 gasoline samples were taken, of which about 1.38 percent were found-to be contaminated with lead. Enforcement has issued 747 complaints and has collected $226,865 in penalties during this, period. Lead Phasedown Program On December 6, 1973, EPA issued regulations 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 1976, 1.0 in 1977, 0.8 in 1978, and finally to 0.5 by 1979. 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 allow sufficient time for re- finers 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. 100 ------- Requests for suspension of the 0.8 gpg lead standard have been received from 58 refiners for 115 refineries. As of December 28, 1977, 47 suspensions have been granted. The Clean Air Act Amendments of 1977 mandate separate treatment for small refineries (50,000 barrels per day or less crude capa- city and owned by a refiner with crude capacity of 137,500 barrels per day or less) with regard to lead level requirements. Stage II 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 vapors emitted during the filling of delivery trucks and the subsequent filling of underground storage tanks. EPA has promulgated Stage I vapor recovery regulations in 13 air quality control regions. From October 1, 1976, to September 30, 1977, EPA has conducted 2,533 inspections of service stations to ensure compliance with the Stage I vapor recovery regulations. Regulations to control gasoline vapors during vehicle refueling (Stage II vapor recovery regulations) were promulgated in the original State Implementation Plans in late 1973 and early 1974. These regulations speci- fied that 90 percent 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 revisions included establishing a mass emission standard rather than the 90 percent recovery requirement and proposed several test procedures which could be used to certify system performance prior to in- stallation but which, because of complexity, were not useful to monitor performance in the field. Based on the development of a short test that can be used to test the performance of Stage II equipment in the field, the Stage II vapor recovery regulations were reproposed in November, 1976. The new proposal abandoned the earlier system certification approach and adopted in-use field enforcement as the primary means for assuring compliance with the requirements. The new proposal also allows small marketers more time than the major oil companies to meet regulatory requirements. 101 ------- Several of the 1977 Clean Air Act Amendments impact upon these regula- tions. Provisions dealing with onboard hydrocarbon technology, fill-pipe standards, cost of emission control for vapor recovery and applicability of vapor recovery regulations are being evaluated"in conjunction with the public comments which have been received since the November, 1976, proposal. THE LIST OF VIOLATING FACILITIES The List of Violating Facilities is designed to prevent the Federal Government from subsidizing pollution law violators with contract, grant or loan monies. In 1977 the List began to be integrated into EPA's stationary source enforcement activities. While no additional Clean Air Act violators were listed, in several instances listing investigations led to prompt settlement of cases against major violators who had been out of compliance for several years. In these cases, a consent decree including a mutually acceptable compliance plan was worked out, which resolved the Federal court case and removed the threat of listing. Sources to which this scenario applied in 1977 included Kaiser Steel Corporation, Fontana, California; U.S. Steel South Works, Chicago; and Interlake Steel, Chicago. Also, in 1977 the Office of Federal Activities (OFA) made use of the regulations whereby Federal agencies must withhold awarding contracts to a facility for up to 15 days if the facility is under consideration for listing. There were two challenges in 1977 in Federal District Courts to the validity of the Listing regulation with respect to air violators. In both cases EPA prevailed. U.S. vs. U.S. Steel, May 6, 1977 10 ERC 1751 (N.D. 111. 1977) and U.S'. v. Interlake, 432 F. Supp. 987 (N.D. 111.'1977). COMPLIANCE BY FEDERAL FACILITIES It is the policy of the Federal government that Federal agencies shall provide leadership in the prevention, control, and abatement of air pollu- tion through the compliance of their facilities with applicable air quality standards and emission limitations established pursuant to the Clean Air Act. The 1977 Amendments expanded the responsibilities of the Federal agencies to comply with applicable requirements. In addition to complying with substantive air pollution control standards, Federal facilities must 102 ------- now comply with procedural requirements, including recordkeeping, reporting, etc. The President has also been given the discretionary power to exempt, in the interest of national security, certain kinds of Armed Forces prop- erty which are uniquely military in nature. Compliance Status As of November 1, 1977, 68 (17 percent) of the 393 major Federal facil- ities subject to the Clean Air Act were out of compliance with air quality standards or emission limitations because of operational and maintenance problems, construction delays, delays in testing for final compliance, and delays, deferrals, or failures to identify needs relating to budgeting for pollution abatement projects. Of those noncomplying facilities, 45 (66 percent) are on an approved construction schedule; however, 24 (35 percent) of the noncomplying facilities are not currently anticipated to be in com- pliance by the July 1, 1979, statutory deadline. 103 ------- X. LITIGATION IN 1977 PREVENTION OF SIGNIFICANT DETERIORATION (PSD) EPA promulgated regulations for PSD in December, 1974. The PSD regulations are designed to protect air which is cleaner than the minimum ambient standards in many areas of the country. The PSD regula- tions were challenged in 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 unauthorized and arguments that they were not sufficiently stringent. ]_/ The Supreme Court granted petitions for certiorari on April 4, 1977. Because the 1977 Clean Air Act Amendments contain detailed PSD requirements and specifically provide that EPA's 1974 regulations will remain in effect, EPA asked the Supreme Court to dismiss the cases. On October 3, 1977, the Court granted EPA's request. TIMELINESS OF CHALLENGES TO EPA REGULATIONS The courts have continued to rule that Section 307 of the Act bars challenges to the validity of EPA regulations, including its approval of state implementation plans, if such challenges are not filed within the time specified by Section 307. 2/ In a case involving enforcement of certain transportation control measures applicable to New York City, for example, the U.S. Court of Appeals for the Second Circuit held that Section 307 barred belated challenges to EPA's original approval of the measures, and the Supreme Court has declined to review the decision. 3/ In another case, the U.S. Court of Appeals for the Eighth Circuit held that this limitation on review is constitutional in the context of a 104 ------- civil action. 4/ Whether the limitation applies in the context of criminal enforcement actions as well, as held by the U.S. Court of Appeals for the Sixth Circuit, is expected to be decided by the Supreme Court this term. 5/ HAZARDOUS AIR POLLUTANTS In a 1976 case, the U.S. Court of Appeals for the Sixth Circuit upheld a criminal indictment against a demolition company for violation of the national emission standard for asbestos. 6/ The company had argued that the standard, as applied to demolition operations, specified a "work practice" rule rather than a numerical limitation on emissions and was accordingly beyond EPA's authority to promulgate under Section 112 of the Act. Although the Court of Appeals found that review of the rule was precluded by Section 307 of the Act, 1t observed that it saw nothing inconsistent with the purposes of the Act 1n EPA's promulgation of such a rule. The case was appealed to the Supreme Court and is now pending decision. TJ In the interim, EPA's authority to promulgate "work practice" rules has been made explicit by the T977 amendments to the Act, and certain amendments to the asbestos standard have been upheld by the U.S. Court of Appeals for the District of Columbia Circuit. 8/ TRANSPORTATION CONTROL MEASURES EPA has not as yet obtained a final judicial ruling on the legality, under the Clean Air Act and the constitution, of EPA's regulations requiring states to implement measures to reduce pollution from private vehicles using public roads. As noted 1n the 1976 report, the circuits are split on this subject, with the U.S. Court of Appeals for the Third Circuit upholding EPA's regulations, 9_/ the Fourth and Ninth Circuits striking them down or declaring them unenforceable, JO/ and the D.C. Circuit upholding certain regulations but not others. 11/ EPA sought Supreme Court review of the latter three decisions. In May, 1977, the Supreme Court remanded those cases back to the Courts of Appeals for further consideration. VI] In November, 1977, the Court of Appeals in 105 ------- the District of Columbia remanded the regulations for the National Capitol area to the Agency for reconsideration in the light of the recent Clean Air Act amendments and other developments, 13/ and in December, 1977, the Court of Appeals in California invalidated the regulations for that state as being beyond the Agency's authority under the Clean Air Act. 14/ It is hoped that further Agency and court proceedings will resolve these issues surrounding EPA's authority to require states to establish trans- portation control programs. In another 1977 decision, the U.S. Court of Appeals for the Second Circuit held, over statutory and constitutional objections, that a state and its subdivisions can be required to implement transportation control measures in a SIP—at least where the measures had been adopted by the state itself. In a 1976 case described in last year's report, the Second Circuit affirmed the right of citizens to sue a state or local government for compliance with transportation control measures and other SIP require- ments. 15/ But the district court held on remand that compelling a state or city to implement transportation control measures by controlling the conduct of others is unauthorized under the Act, and perhaps the constitution. 16/ The Court of Appeals reversed, and the Supreme Court declined to review the Court of Appeals' decision. 17/ EPA supported the position of the citizen group in this litigation. PRE-ENFORCEMENT REVIEW In the case of Fry Roofing Co., v. EPA, 18/ the Eighth Circuit, affirming a holding of a U.S. District Court in Missouri, held that the Clean Air Act bars pre-enforcement review of enforcement orders issued under Section 113(a). TALL STACKS AND SUPPLEMENTARY CONTROL SYSTEMS Two cases involving the use of dispersion techniques as opposed to constant controls systems are now pending in the Ninth Circuit. In Bunker Hill v. EPA, 1_9_/ the Court held that EPA could only require the use of constant controls to the extent economically and technologically feasible, and has remanded the SIP regulations at issue to the Agency for reconsideration of their feasibility. EPA has petitioned the Court 106 ------- to reconsider its holding in light of the Clean Air Act Amendments of 1977, which make clear that dispersion techniques are not permissible substitutes for constant controls required in SIPs. In Kennecott Copper Corporation v. Costle 20/, on appeal from a ruling of a U.S. District Court in Nevada that constant controls (as opposed to dispersion techniques) could not be required in a SIP if economically infeasible, the Ninth Circuit has requested and the Agency has provided a post-argument brief explaining the impact of the Bunker Hill decision and the 1977 Amendments on the case. USE OF MODELING IN THE PROMULGATION OF SIPs As a result of the state's failure to submit a SIP for SOp, EPA promulgated a SIP for Ohio in August, 1976. In large part, the SIP was based on sophisticated air quality dispersion modeling. Because of the number of sources involved, the modeling was the most extensive used to date. Thirty-five petitions challenging the SIP were filed with the United States Court of Appeals for the Sixth Circuit. 21/ In November, 1976, the Sixth Circuit, while considering motions for a stay pending appeal sua sponte, remanded the regulations to EPA to take additional comments for sixty days. EPA's response to the comments was filed with the court on May 31, 1977. In June, 1977, the court denied motions for a prehearing conference and to consider the need for a further stay and required expeditious briefing and argument of the merits. Oral argument was held on October 21, 1977. The decisions of the Court will not only be important to the Agency's regulatory effort in Ohio, but will also be looked to as a strong indication of the judiciary's willingness to accept modeling as a major regulatory tool. 107 ------- REFERENCES 1. Sierra Club v. EPA. 540 F.2d 1114 (D.C. Cir. 1976). 2. E.g., National Association of Demolition Contractors v. Costle, Nos. 74-1545 et §J_. (D.C. Cir. Oct. 13, 1977); Lloyd A. Fry Roofing Co. v. EPA, 10 ERC 1082, No. 76-1731 (8th Cir. May 11, 1977); Friends of the Earth v. Carey, 552 F.2d 25 (2d Cir. 1977), cert. denied, No. 76-1718 et al_. (Oct. 17, 1977); U.S. v. Adamo Wrecking Co., 545 F.2d 1 (6th Cir. 1976), cert, granted, No. 96-911 (argued Oct. 11, 1977). 3, Friends of the Earth v. Carey, supra. 4. Lloyd A. Fry Roofing Co. v. EPA, supra. 5. U.S. v. Adamo Wrecking Co., supra. 6. U.S. v. Adamo Wrecking Co., supra. 7. Adamo Wrecking Co. v. United States, Sup. Ct. No. 76-911, argued October 11, 1977. 8. National Association of Demolition Contractors, Inc. v. Costle, supra. 9. Pennsylvania v. EPA, 500 F.2d 246, 256, 261 (3d Cir. 1974). 10. Maryland v. EPA, 530 F.2d 215, 226-27 (4th Cir. 1975), vacated sub nom. EPA v. Brown, 97 S.Ct. 1635 (1977); Brown v. EPA, 521 F.2d 827, 831 (9th Cir. 1975), vacated 97 S. Ct. 1635 (1977). 11. District of Columbia v. Train, 521 F.2d 971, (D.C. Cir. 1975) vacated sub nom. EPA v. Brown, 97 S.Ct. 1635 (1977). 12. EPA v. Brown, 431 U.S.'99 (1977). , 13. District of Columbia v. Costle, Nos. 74-1013 et. al_. (D.C. Cir., • November 10, 1977). 14. Brown v. EPA, Nos. 73-3306 et al_. (9thC1r.t December 73, 1977). 15. Friends of the Earth v. Carey, 535 F.2d 165 (2d Cir. 1976). 16. Friends of the Earth v. Carey, 442 F.Supp. 638 (S.D.N.Y. 1976). ^ 17. Friends of the Earth v. Carey, 552 F.2d 25 (2d Cir.), cert. denied 46 U.S.L.W. 3261 (Oct. 17, 1977). 18. 554 F.2d 885 (1977). 108 ------- 19. F.2d , 10 ERC 1401 (No. 75-3670). 20. No. 77-1359. 21. Cincinnati Gas & Electric Co. et al., v. EPA-,- Nos. 79-2090 et seq. 109 ------- |