Reading: Chap 8

Air Regulations and Public Policy

Pre-Federal Legislative History Regulatory Strategies Clean Air Act and its Amendments State and Local Air Pollution Control Functions Public Policy Issues

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Regulatory History
Control ordinances in several large cities in early part of 20th century to control smoke produced by a variety of industrial activities
PM level in Chicago/Cleveland/Pittsburgh 1 10 mg/m3 While Pittsburgh could be demonically picturesque by night, by day it was dismal. For Parton a Pittsburgh dawn was as dark as midnight. The city kept its gaslights on in the daytime and on some days would only see the sun for half an hour around 2 pm. For Glazier on a dismal autumn, when the air was heavy with moisture and the very atmosphere looked dark, all the romance had disappeared On such a day then Pittsburgh herself was a smoky dismal city at her best at her worst, nothing darker, dingier or more dispiriting could be imagined Gugliatti, 2004 Smoke had at least some beneficial properties, e.g. as a germicide; the smoky atmosphere was the index of prosperity for the town; economically viable alternatives
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Regulatory History
Early environmental reformers did not seek a return to nature, but to preserve the economic benefits of the industrial system and to work for a better urban environment.

Ordinances not effective. Any reason why? Californias 1950s initiatives due to worsening smog problems in southern CA State activities in 1960s Federal authority post-1969

LA, USA
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Non-Regulatory Options
What could citizens do to abate air pollution before air regulations were in place? Legal principles
Nuisance: an intentional or negligent act that results in an unreasonable interference with the use and enjoyment of ones property Trespass: physical violation of a landowners right to exclusive possession of ones property

www.cnn.com/.../index.html

The plaintiff
Must prove individual harm Can seek monetary redress Can seek injunctive relief

Examples?

Court must balance equities in making decision What equities?

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Regulatory Strategies
If you are the administrator of the USEPA, what will be your strategies to improve environmental quality?

Air quality management Emission standards Economic approaches

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Air Quality Management

Based on concept that pollutant exposures below threshold values are relatively safe (i.e. some level of atmospheric air pollution is acceptable and legally Is there standard for carcinogen in NAAQS? permissible) Air Quality Standards: Legal limits on atmospheric concentration of regulated pollutants; Who may be
more sensitive? Need to be based on scientific data Need to provide an adequate margin of safety with special consideration for those who may be most sensitive For the same pollutant, is the Implementation ambient standard more stringent Very complex than occupational standards? Why? Requires a major air quality monitoring effort Why is implementation complicated?

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Emission Standards
Maximum quantities of a pollutant or pollutants that are allowed to be emitted from specific sources same for all sources in a category RACT Reasonably Available Control Technology
Economic, technical and political practicality Applied to new or significantly modified existing sources (NSPS)

BACT Best Available Control Technology

To achieve the highest degree of emission reduction is capable of, with a limited consideration of capital and operating cost Applied to new coal-fired utilities in Class I PSD

MACT - Maximum Achievable Control Technology

Higher degree of control than BACT For Hazardous Air Pollutants (HAPs) (NESHAP) Why is it easier to Easy to implement and administer implement than Air 8/18/2013 Quality Management?

Economics-Based Approaches
Cost-benefit analyses: quantification of all damage costs and costs of control Degree of control that provides the greatest reduction of damages per unit cost
What problems are associated with such an approach?

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Market-Based Policies
Bubble Policy
Groups of plants may increase their emissions at one or more sources by decreasing emission to a more significant degree at other sources within a facility Excess emission reductions may be banked or traded

Emissions Trading
Emission reduction credits (ERCs) may be sold or traded to other corporations to meet regulatory requirements

Emission Allowances
A source is allowed to emit so many units of regulated pollutant Sources can employ emission reduction approaches that they deem to be cost-effective Any problem with Pollution charges pollution charges? Encourage sources to reduce emissions when marginal control cots are equal to pollution charge rates
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Federal Legislation
1955 1960/1962 1963 Clean air legislation Amendments to 1955 legislation Clean Air Act

1965
1967

Motor Vehicle Emissions Control Act Air Quality Act

1970/1977/1990 Clean Air Act Amendments

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1955, 1960, 1962 Legislation

Public Health Service authorized to
Conduct research and training programs Provide technical assistance to state and local governments Affirm that state and local governments had the fundamental responsibility for air pollution control

1960/62 Amendments: special focus on motor vehicles and SO2

www.sciam.com/article.cfm?chanID=sa003&articl...

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1963 Clean Air Act

Grants for program development and improvement of local/state air pollution control efforts Research/technical/training assistance Federal responsibility for automobile and SO2 pollution research Federal research responsibility for interstate air pollution problem

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1965 Motor Vehicle Air Pollution Control Act

Authorized promulgation of auto emissions standards Authorized formation of National Air Pollution Control Administration (NAPCA)

1967 Air Quality Act

Required development of Federal air quality criteria State air quality standards Interstate air quality control regions (AQCRs)
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1970 Clean Air Act Amendments (CAAA)

Set uniform National Ambient Air Quality Standards (NAAQS) see also Introduction, Health Effects Require State Implementation Plans (SIPs) to achieve NAAQS How many are there Immediately designate AQCRs in FL? Set New Source Performance Standards (NSPS) Set National Emission Standards for Hazardous Air Pollutants (NESHAPs) Set stringent automobile exhaust emission standards and standards for fuel additives Allowing the right of citizen suits Providing for federal enforcement authority in air pollution emergencies and interstate and intrastate air pollution violations
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State Implementation Plans

Individual states are required to develop and submit plans for their implementation, enforcement and maintenance. State must have legal authority to enforce provisions Prepared for each AQCR Prepared for each regulated pollutant What if its not Must be approved by USEPA approved by EPA? Must include episode plan

Fire from railroad in Sacramento, CA Mar 16, 2007

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http://www.sacbee.com/

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New Source Performance Standards (NSPS)

To require installation of control measures during construction, when they are least expensive. Existing AQ not a factor in determining emission limits Whats the definition of new source? Use RACT, BACT or MACT? What are the pollutants regulated by NSPS?

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National Emission Standards for Hazardous Air Pollutants (NESHAPs)

Pollutants more hazardous than criteria pollutants; hazards not limited to human health Difficult to determine safe level Sources - localized exposures Use RACT, BACT or MACT? Cost of control not a factor Regulated 7 pollutants in 20 yr: Mercury, Asbestos, Beryllium,
Arsenic, Benzene, Radioactive isotopes, Vinyl chloride Why is the designation of HAP so difficult?
en.wikipedia.org /wiki/Asbestos

Replaced by Air Toxics provisions of the 1990 CAAA

Now includes additional 182 pollutants Regulated using technology - based standards
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Citizen Suits
Gives citizens standing in federal courts Right to sue U.S. EPA: make it accountable when its actions are deemed to conflict with clean air legislation Why would EPA be reluctant and regulatory requirements to implement provisions in Right to sue pollution source clean air legislation?
What kind of suits has EPA faced?

Enforcement
USEPA given authority to take enforcement actions Administrative orders Fines Criminal penalties Most enforcement takes place at state level; USEPA enforcement authority serves as a backup
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1977 CAAA
Non-attainment policies Postponement of compliance deadlines Set Prevention of Significant Deterioration (PSD) Regulation of Ozone Destroying Chemicals (ODCs)

Non-attainment of AQ Standards
Nonattainment - many states did not attain 1 or more Are new sources primary NAAQS in 1975. In response allowed in non Designation of non-attainment areas attainment areas? Offset policy Lowest Achievable Emission Rate (LAER) requirements Postponement of deadlines (1977 and 1990 CAAAs)
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Prevention of Significant Deterioration (PSD)

Designed to protect pristine air Visibility is primary focus of protection 3 PSD categories
Class 1: areas around and including National Parks, National Wilderness Areas, National Monuments of certain minimum size Class 2: areas around National Forests and other public lands Class 3: areas to be protected up to secondary standards for SO2 and PM

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PSD - Allowable Increments

Regulation of Ozone Destroying Chemicals (ODCs)

USEPA banned non-essential uses of CFCs in 1978 Authority was used to comply with Montreal protocol
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1990 CAAA
Postponement of NAAQS attainment deadlines Authority to regulate acidic deposition New toxic pollutants provisions (see NESHAP) New authority to regulate ODCs New permitting requirements New requirements for motor vehicles

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NAAQS - Attainment Dates under 1990 CAAA

How many non-attainment areas in Florida? Where are the hot-spots of non-attainment areas nationwide?
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Acidic Deposition Control

Goal of reducing emissions of SO2 and NOx using economics-based approach
SO2 -10 million tons/yr NOx - 2 million tons/yr

Control requirements focused on large coalburning power plants 2005: Clean Air Interstate Rule (CAIR) to reduce air pollution that moves across state boundaries:
2015: reduces 70% SO2 and 60% NOx from the 2003 level for 28 eastern states and DC.
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New Authority to Regulate ODCs

Listing Class I & II of ODC substances (see Atmospheric Effects)
Accelerated phase-out for Class I & II substances Labeling requirements for Class I & II substances

National recycling and emission reduction program Servicing of motor vehicle air conditioners Regulating non-essential products containing CFCs A policy for development of safe alternatives International cooperation
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Permitting
Significant new requirements under 1990 CAAAs Facilitate compliance by placing the burden of proof on emission sources Must have permit to
Emit pollutants Operate pollution control equipment Operate new facility
Why is a permit needed for operating control equipment?

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Motor Vehicle Emissions Control

Emission sources
Exhaust NMHCs, CO, NOx Blow-by gases NMHCs Evaporative emissions - NMHCs

1970 CAA Amendments

90% reduction of NMHCs and CO by 1975 model year 90% reduction of NOx by 1976 Discretionary one-year postponement Assumed that technology would be available USEPA given authority to regulate fuel additives

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Motor Vehicle Emission Standards

1974 Energy Supply and Coordination Act
Postponed emission standards until 1977 model vehicles USEPA given authority to impose interim standards

1977 CAA Amendments

Further postponed deadlines USEPA given discretion to postpone standards requirements Relaxed NOx standards

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Motor Vehicle Emission Standards

1990 CAA Amendments
Required achievement of 1970 CO and NOx standards Required increased reductions of NMHCs Emission reductions phased in through 1995 Cold start standards Why targeting cold start? Onboard vapor recovery systems
Control NMHC emissions during vehicle refueling Whats the use? Onboard diagnostic systems Standards based on vehicle operating- life of 50,000 & 100,000 miles Clean fuel vehicles and Clean fleets
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Motor Vehicle Emission Standards

Trucks have less stringent requirements
New emission limits in 1990 CAAA for Light-duty trucks and Heavy-duty trucks

Anti-tampering requirements
Inspection and maintenance (I&M)

Why disabling?

willful disabling of emission control systems 50% of emissions are associated with 10% of the motor vehicle population with poorly/malfunctioning emission control Is there a vehicle inspection program in Alachua?

Fuel Additives and Cleaner Fuels

Phase-out of leaded gasoline Low sulfur fuel; low volatility gasoline during high O3 season Reformulated and oxygenated fuels
Whats the purpose of these fuels?
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State and Local Functions

States required to submit SIPs State can assume responsibility for NSPS, NESHAP, Air Toxics, PSD reviews, new Does GRU submit a source reviews (NSRs), etc permit for new plant to States USEPA or FDEP? Write rules and regulations Enforce rules and regulations

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State Regulatory Responsibilities

Control boards
Write rules and regulations Adjudicate violations

Administration
Administer regulatory requirements Investigate potential violations of clean air regulations Recommend enforcement actions Recommend changes in regulations

Attorney Generals
Responsible for initiating enforcement actions in courts on behalf of regulatory agencies
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Public Policy Issues

New Source Review (NSR) Revised NAAQS for O3 and PM 2.5 Global warming Motor vehicle emission regulation

New Source Review

Sources regulated under NSPS and PSD Issue of what is a significantly modified existing source under NSPS Major issue with coal-fired power plants constructed before 1970 Clinton Administration policies vs. Bush Administration policies
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Revised O3 and PM 2.5 NAAQS

O3
1997, 1 hr standard (120 ppb) replaced by 8 hr standard (80 ppb)

PM
1997, EPA established new PM2.5 standards: annual (15 g/m3) and 24 hr (65 g/m3) and retained annual PM10 standard (50 g/m3) 2006, EPA revoked annual PM10 standard and lowered 24 hr PM2.5 standard (35 g/m3)
Why 2.5 instead of other number? What are the bases for these changes?
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Global Warming
1992 Earth Summit in Rio de Janeiro 1997 Kyoto Protocol
Worldwide reduction of C-based gas emissions by 5.2% below 1990 levels by 2012: EU 8%, US 7%, JP 6%, Russia and Ukraine stabilize at 1990 level, no requirement for developing countries How will you propose to achieve the targets? Flexibility in achieving the targets

U.S. senate did not ratify it: due to exemption of large C emitters and its impact on US economy Treaty renegotiated in 2001 w/o US participation (US consumes 25% of the Worlds C-based fuels and the largest per capita consumption of energy) UK and Germanys 2007 Global Warming Policies NE States and CAs policies
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Motor Vehicle Emission Regulation

80% less per car than they were in the mid 60s, though nationally still account for 50% HCs/NOx emission, 90% CO and 50% HAPs
Why are motor vehicle emissions still a dominant source even the efficiency has improved a lot?

Future directions: other than pollution control

Transportation control Fuel economy Alternative fuel Hybrid, H2 Fuel Cell

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Quick Reflection

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