1. New Source
As defined in the CAA, construction of a new source, or modification of an existing source, that will produce a significant increase in emissions of pollutants

2. New Source Performance Standards (NSPS)
The technological standards required for new sources
Set by the EPA
Often consist of numerical emissions limitations based on scientific studies determining “adequately demonstrated” “best technology” to achieve a particular “degree of emission reduction” [CAA Section 111]
Where numerical emissions standards cannot reasonably be imposed, the EPA may require standards for design, equipment, or operations
Represent the minimum standards required at new or significantly modified existing sources

3. Preconstruction Permitting
Prevention of Significant Deterioration (PSD)
A standard for new sources of air pollution located in attainment areas
The new sources must comply with a permit program designed to maintain the air quality at approximately the same level as before the new source was added

4. PSD Permit Program
Applies to new sources or to significant modifications to existing sources in an attainment area
Implemented by the EPA
Addresses issues associated with facilities that have not yet begun operating
PSD permits require an owner or operator of a facility to demonstrate that the source will:
comply with ambient air quality levels intended to prevent deterioration of air quality (PSD levels)
use BACT for each pollutant to be emitted in significant amounts
The CAA defines BACT as “the maximum degree of reduction achievable” in light of economic, energy, and environmental factors”

5. PSD Permit Program (cont.)
BACT permit review usually addresses both criteria pollutants and air toxics
Air toxics
Regulated pursuant to Section 112 of the CAA
In 1990, the regulation changed from being health-based to technology-based
All major sources (defined by quantities of emissions of listed substances) must comply with the “major source” program
Major sources include facilities such as oil refineries and chemical plants
Other sources may be required to comply with an “area program”
There are 50+ categories of sources
The standards for each category must require technology that achieves MACT
MACT Standards
Hazardous Organic NESHAP (HON)
The first set of technology standards established by the EPA meeting the Maximum Achievable Control Technology (MACT) standards under the CAA
PSD permit program may require sources located near national parks or other sensitive areas to show that their emissions will not affect other standards related to air quality, such as visibility

6. Nonattainment Area Permit Program
Implemented by the states
Addresses issues associated with facilities that have not yet begun operating
Facilities subject to these permit programs are required to ensure that they can reach the Lowest Achievable Emission Rate (LAER)
A standard based on the most stringent limitations contained in a state’s SIP or the most stringent limitation achieved in practice for a similarly situated facility, whichever is more stringent

7. Nonattainment Area Permit Program (cont.)
New facilities and existing facilities intending to make major modifications are required to
Figure out a way to ensure an “offset” of pollutant emissions
For every proposed emission of a pollutant, facilities must arrange for nearby facilities to reduce their emissions
Demonstrate that any other sources it owns or operates is in compliance with applicable regulations or has a plan to come into compliance
Demonstrate that the benefits of the proposed source (or the modifications to an existing source) outweigh the environmental and social detriments associated with the facility
“Reconstruction” of an existing facility
If so extensive that it’s basically the same as replacing the facility “at the end of its useful life,” the new source standards may apply to the extent the NSPS program must be followed
This type of reconstruction does not trigger the PSD or nonattainment permit programs
Reconstruction involving 50% or more of a facility will be deemed a reconstruction
The NSPS, however, does not apply when a finding is made that the NSPS is technologically or economically infeasible or where cost considerations, remaining useful life, and potential emissions reductions make application of the NSPS inappropriate

8. Nonattainment Area Permit Program (cont.)
The rules regarding the modification of facilities are slightly different from the rules regarding reconstruction of facilities
For this portion of the CAA, a modification is defined as a change that
is physical or operational
will result in an increase in emissions of a regulated pollutant
does not constitute an activity such as routine repair, replacement, or maintenance
The modification rule, interpreted very broadly by the EPA, means that virtually any modification that did not constitute routine repair, replacement, or maintenance invoked the application of the rule
If a new source or an existing source seeking to make significant modifications is located in an area that is an attainment area for some pollutants and a nonattainment area for other pollutants, the facility may be required to meet the standards for both a PSD permit program and a nonattainment permit program

9. Operating Permit Program
Controls activities at facilities that are already operating
Introduced to the CAA in the 1990 Amendments
Each state is required to create and implement source-specific permit requirements for existing facilities
Sources regulated by state CAA Programs
Any major source as defined by the CAA
Any source subject to a standard, a limitation, or another requirement under Section 111 of the CAA
Any source subject to a standard or requirement under Section 112 of the CAA (with the exception that being subject to the accidental release provision alone will not trigger the larger permitting requirement)
Any affected source under Title IV of the CAA
Any source in a source category designated by the EPA

10. Approval of a Permit Program
A state’s permit program becomes effective upon approval by the EPA
The EPA can grant
Full approval
Partial approval
Interim approval

11. State CAA Permit Process
Application Criteria
The application must list:
all major emissions of pollutants
all emissions of “regulated air pollutants”
identification of all emissions points
rates of emissions in tons per year and in other compliance increments
identification of all air pollution control requirements

12. State CAA Permit Process (cont.)
Permit Provisions
A permit is issued for a fixed term that cannot exceed 5 years
The permit includes
applicable emissions limitations and standards
certification, testing, monitoring, record keeping, and reporting requirements related to compliance with the standards imposed
permit conditions prohibiting sulfur dioxide emissions exceeding applicable allowances
a severability clause, which ensures the integrity of the remaining permit provisions should one part of the permit be challenged and declared invalid
a statement that the permit may be revoked, modified, reopened, reissued, or terminated for cause
a provision to ensure that the source pays all applicable application fees
provisions allowing inspection and entry by the permitting authority
a schedule of compliance, including regular progress reports

13. State CAA Permit Process (cont.)
4 types of changes to CAA permits:
Administrative amendment
De minimus revision
Minor revision
Significant revision

14. Other Provisions of the CAA
Trading
Facilities/sources are allowed to trade emissions limits as long as all of the facilities in the area stay within the applicable emissions caps for pollutants as set by the EPA
Accidental Releases
Provisions designed to control and prevent accidental releases of regulated hazardous pollutants or other extremely hazardous substances [CAA Section 112(r)]
Acid Rain
Rain that contains high quantities of sulfur dioxide and nitrogen oxides
Sulfur dioxide allowances

15. Visibility Standards
Applicable to the states since the 1977 CAA Amendments
Goal
To eliminate any human-made impairments to clear visibility
Best Available Retrofit Technology (BART)
Pursuant to the CAA, states are required to use this level of technology to eliminate certain visible air pollution
2 types of visible air pollution
Plume blight
Impairment of visibility as a result of plumes, which are identifiable columns obscuring visibility
Regional haze
Technical term for what is more commonly known as smog
A general film impairing visibility over a large area

16. Enforcement Administrative/civil
The EPA administrator may bring an enforcement action directly against the violator rather than go through the courts
The administrator may (i) seek civil penalties up to $200,000 or more and (ii) issue field citations (similar to tickets) for minor violations
Consent agreements
The EPA is allowed to enter into these agreements, although the EPA’s authority in this regard has been challenged
Private citizens
Allowed to bring suit for civil penalties for failure to abide by the provisions of the CAA
Criminal
Criminal felony penalties imposed against “any person” who knowingly violates the CAA