Air Quality 101: Clean Air Act Overview/ Update

2 Origins of the Clean Air Act Historic air pollution Donora, Pennsylvania, – PSD, tribes included – 2006 updates

3 Titles of the Clean Air Act Title I—PSD, NAAQS Title II—Mobile Sources Title III—HAPs Title IV—Acid Deposition Title V—Permits Title VI—Stratospheric Ozone

4 CAA Amendments of 1990: Title I NAAQS Attainment areas Non-attainment areas National Ambient Air Quality Standards (NAAQS)

5 Criteria Pollutants Particulate matter (PM 10 and PM 2.5 ) Lead NOx SO 2 CO VOCs (ozone precursors)

6 Prevention of Significant Deterioration How the PSD rule was developed Class I– Pristine Class II– Moderate emissions growth Class III– Maximum emissions growth

7 New Source Review (NSR) Prevention of Significant Deterioration (PSD) 0 Attainment Non- Attainment NAAQS Existing/Baseline (concentration) ( I ) ( II ) ( III ) Airshed Designations (Classes) Under the PSD Program

8 PSD Redesignations 1977–2009 Northern Cheyenne Fort Peck Confederated Salish & Kootenai Spokane Tribe Forest County Potawatomi Yavapai Apache (not finalized)

9 National Ambient Air Quality Standards EPA required to review every 5 years Recent changes –Ozone –PM –Lead

10 NAAQS for Ozone (1997) 8-hour standard is ppm 4th highest annual average value Average of 3 most recent years –e.g., ( ) / 3<0.075 ppm If >0.075 ppm, nonattainment 1-hour standard is 0.12 ppm

11 NAAQS for PM 10 PM 150 µ/m 3 (24-hour average) 99th % averaged over 3 years Will be vacated within 24 months

12 NAAQS for PM 2.5 PM 15 µ/m 3 (annual average) PM 35 µ/m 3 (24-hour average) 98th % averaged over 3 years (can be multiple locations)

13 NAAQS for Lead Final rule signed Oct. 15, µ/m 3 (rolling 90-day average) 1.5 µ/m 3 (quarterly average)

14 CAA Amendments of 1990: Section 112 Hazardous Air Pollutants (HAPS) 189 HAPS identified by Congress –Caprolactam removed in 1996 –Glycol Ethers and MEK removed in 2003 and 2005 “Technology-Based Standards” –MACT/BACT Program can be delegated to states and tribes that seek authority

15 National Visibility Goal Prevention of future, & remedying of existing, visibility impairment in mandatory Class I federal areas resulting from human-made air pollution

16 Regional Haze Rule Promulgated July 1999 Mandatory federal Class I areas One “deciview” improvement each 10 years Regional planning organizations SIP planning to attain background by 2064

17 CAA Amendments of 1990: Title II Mobile Source Provisions Reserved for EPA (few exceptions) New vehicle standards –On-road –Off-road –Diesel –Locomotives –Gasoline formulations –Recently worked to include Administrations “10 in 20” GHG rules for mobile sources and fuels

18 Title 3: General Provisions We generally call Section 112 “Title 3” Contains –Tribal Authority (301) –Disadvantages business –Emergency powers –Citizen suits –Administrative provisions and judicial review –Air quality monitoring and modeling

19 CAA Amendments of 1990: Title IV Acid Deposition Program Establishes cap and trade allowances for –Sulfur dioxide –Nitrogen oxides Program is working better than expected

20 CAA Amendments of 1990: Title V Operating Permits Major sources HAP sources and criteria pollutants Delegated to states and tribes Significant fees/revenues

21 CAA Amendments of 1990: Title VI Stratospheric Ozone Protection CFC production ban of 1996 Bans on other substances to follow (e.g., CCl 4 now banned)

22 CAA Amendments of 1990: Summary Six titles address major pollutants Act still being tweaked, no major rewrites since 1990 New actions likely to address climate change Evolving role of non-federal regulators

23 State (and Tribal) Implementation Plans CAA §110 requires each state to submit a plan Addresses NAAQS (CAA §109 & 40CFR 50.4 through 50.12) Contains: control measures and strategies –To “attain and maintain” Developed through a public process Formally adopted by the state (legislation) and submitted by the Governor’s designee EPA reviews and approves if consistent with CAA

24 State (and Tribal) Implementation Plans (cont.) CAA §110 specifies requirements applicable to all areas Part D of Title 1 specifies additional requirements applicable to nonattainment areas SIP elements include: –Emission inventories –Monitoring network –Air quality analysis –Modeling –Attainment demonstration –Enforcement mechanisms –Regulations adopted to maintain or attain NAAQS

25 State (and Tribal) Implementation Plans (cont.) Contents of a typical SIP include 1.Adopted control measures Rules/regulations or source specific requirements (orders and consent decrees) 2.Submitted comprehensive air quality plans Attainment plans, maintenance plans, rate of progress plans, transportation control plans That demonstrate how these plans will bring about or keep air quality in compliance with the NAAQS 3.Submitted “non-regulatory” program s Emission inventories, compliance assistance programs, demonstrations of legal authority, monitoring networks 4.Additional requirements promulgated by EPA

26 State (and Tribal) Implementation Plans (cont.) Relationship to NAAQS –Plans provide for implementation, maintenance and enforcement of the NAAQS –Areas designated non-attainment are subject to additional planning and control requirements Federal Enforceability –Once approved, EPA is authorized to take enforcement action against violators

27 Summary Reviewed 1990 CAA Amendments Reviewed SIP/TIP requirements How SIP/TIP fits into CAA and AQM

28 Any questions? Darrel Harmon Senior Indian Program Manager US EPA Headquarters 1200 Pennsylvania Avenue NW Washington DC