Clean Air Act (CAA) Purpose To control air pollution by instituting point source controls and establishing maximum pollutant levels for the ambient air Scope The main focus is stationary sources of air pollution, but the Act also provides some regulation for mobile sources Who implements the program? The EPA must establish national ambient air quality standards (NAAQS) for criteria pollutants 6 Criteria Pollutants: (i) total suspended particulates, (ii) sulfur dioxide, (iii) nitrogen oxides, (iv) carbon monoxide, (v) ozone, and (vi) lead Each state is required to determine how to attain and maintain NAAQS by developing a State Implementation Plan (SIP) If the EPA is not satisfied that a state’s SIP is adequate, the EPA may promulgate a Federal Implementation Plan (FIP)

Technology Standards Usually require use of particular equipment that, in the EPA’s opinion, is appropriate for the applicable technology standard Choices include: Best Available Control Technology (BACT) The maximum degree of reduction in pollutants that is achievable in light of economic, energy, and environmental factors Generally Available Control Technology (GACT) The technology that generally is available to reduce air emissions at a facility Maximum Achievable Control Technology (MACT) Standards based on existing technology as well as the level of control achieved by sources in each source category demonstrating the best results in eliminating pollutants Reasonably Available Control Technology (RACT) A technology standard pursuant to the CAA requiring facilities to use air cleaning technology reasonably available to facilities of that type and with the same type of emissions

Emission Standards The CAA controls any emissions standards and the states may not usurp the authority to set those standards The CAA is designed to set maximum levels of pollutants in “outside air” for areas typically accessible to the public Ambient air, a key term used in the CAA, is the air outside the boundaries of one’s fence line

National Ambient Air Quality Standards (NAAQS) NAAQS are the maximum levels of pollutants allowed in the ambient air (air outside the boundaries of one’s fence line) Criteria Pollutants 6 pollutants NAAQS have been determined for For each of these there are Primary NAAQS Designed to protect human health Secondary NAAQS Designed to promote the public welfare

State Implementation Plans (SIPs) How are NAAQS implemented? Each state is required to enact a State Implementation Plan (SIP) Minimum standards for state SIPs are set by the CAA If a state does not attain the NAAQS goals, the minimum requirements for its SIP will be more stringent than if it had attained the NAAQS goals A SIP must change as federal requirements, technology, or conditions within a state change Once approved by the EPA, a SIP may be enforced through state or federal law

SIP Requirements Adequate personnel/funding Air quality data Air quality monitoring Contingency plans Enforceable emission limitations Enforcement Interstate air pollution Local consultation Monitoring and emission data “Part D requirements” Permit fees Preconstruction review and notification Revision

Federal Implementation Plan (FIP) If the EPA is not satisfied that a state has successfully enacted a SIP for the preservation of air quality in that state, the federal government may enact its own plan (FIP) for that state

Attainment States v. Nonattainment States States that are in compliance with (have attained) the NAAQS Nonattainment States States that do not meet the NAAQS Additional SIP requirements are imposed on these states

Additional SIP Requirements for Nonattainment States Annual incremental reductions in nonattainment pollutants Automatic contingency measures to be implemented if the area does not make significant progress or obtain the NAAQS by the appropriate deadline Identification and quantification of new emissions and a documentation that new emissions will not interfere with eventual attainment of the NAAQS If permitted, the revised SIP may provide substitute equivalent techniques for modeling, inventory, and planning as long as the substituted techniques are at least as effective as the EPA’s suggested methods Inventory of current emissions from all sources of the nonattainment pollutants Permit requirements for any new or modified “major” or “minor” new sources Provisions requiring that all existing sources and major sources (as soon as possible) comply with RACT technology

1990 Amendments to the CAA Added significant requirements for the following specific pollutants in nonattainment areas: Carbon monoxide (CO) Ozone (O3) Particulate matter with an aerodynamic diameter of less than 10 microns (PM10)