Clean Air Act

History of the Clean Air Act

In October 1948, a thick cloud of air pollution formed above the industrial town of Donora,
Pennsylvania.

The cloud lingered for five days, killed 20 people and caused sickness in 6,000 of the town's 14,000
people.

In 1952, over 3,000 people died in what became known as London's "Killer Fog." The smog was so thick
that buses could not run without guides walking ahead of them carrying lanterns.

Events like these alerted about the dangers that air pollution poses to public health.

The original Clean Air Act of 1963, was established for the study and the cleanup of air pollution.

But there was no comprehensive federal response to address air pollution until Congress passed a much
stronger Clean Air Act in 1970.

In 1970 Congress created the EPA and gave it the primary role in carrying out the law.

Since then EPA has been responsible for a variety of Clean Air Act programs to reduce air pollution
nationwide.

Why Concerned About Air Pollution?

Why Concerned About Air Pollution?

You could go days without food and hours without water, but you would last only a few minutes without
air.

On average, each of us breathes over 3,000 gallons of air each day.

Air pollution can damage trees, crops, other plants, lakes, and animals.

air pollution also damages buildings, monuments, and statues.

Breathing polluted air can make eyes and nose burn. It can irritate throat and make breathing difficult.

Air Pollution and Health

Pollutants like tiny airborne particles and ground level ozone can trigger respiratory problems, especially
for people with asthma.

Asthma sufferers can be severely affected by air pollution. Air pollution can also aggravate health
problems for the elderly and others with heart or respiratory diseases.

Air Pollution and Health

Some toxic chemicals released in the air such as benzene or vinyl chloride are highly toxic and can cause
cancer, birth defects, long term injury to the lungs, as well as brain and nerve damage.

Other pollutants make their way up into the upper atmosphere, causing a thinning of the protective
ozone layer.

This has led to changes in the environment and dramatic increases in skin cancers and cataracts.

Air Pollution and the Environment

Toxic air pollutants and the chemicals that form acid rain and ground-level ozone can damage trees,
crops, wildlife, lakes and other bodies of water.

Toxic pollutants can also harm fish and other aquatic life.

Air Pollution and the Economy

The health, environmental, and economic impacts of air pollution are significant.

Each day, air pollution causes thousands of illnesses leading to lost days at work and school.

Air pollution also reduces agricultural crop and commercial forest yields by billions of dollars each year.

The U.S. Environmental Protection Agency

(EPA or USEPA) is an agency of the federal government of the United States charged with protecting
human health and with safeguarding the natural environment : air, water, and land.

The EPA was proposed by President Richard Nixon and began operation on December 2, 1970.

The EPA is not a cabinet agency, but the Administrator is normally given cabinet rank.

EPA's Role

Under the Clean Air Act, EPA sets limits on certain air pollutants, including setting limits on how much
can be in the air anywhere in the United States.

This helps to ensure basic health and environmental protection from air pollution for all Americans.

EPA's Role

The Clean Air Act also gives EPA the authority to limit emissions of air pollutants coming from sources
like chemical plants, utilities, and steel mills.

Individual states or tribes may have stronger air pollution laws, but they may not have weaker pollution
limits than those set by EPA.

EPA's Role
EPA must approve state and local agency plans for reducing air pollution.

If a plan does not meet the necessary requirements, EPA can take over enforcing the Clean Air Act in
that area.

EPA's Role

EPA assists state and local agencies by providing research, expert studies, engineering designs, and
funding to support clean air progress.

Since 1970, Congress and the EPA have provided several billion dollars to the states, local agencies, and
tribal nations to accomplish this.

State and Local Governments' Role

The State and local Governments must develop solutions for pollution problems that require special
understanding of local industries, geography, housing, and travel patterns, as well as other factors.

State, local, and tribal governments must monitor air quality, inspect facilities under their jurisdictions
and enforce Clean Air Act regulations

Air Pollution Control Acts and amendments

The Air Pollution Control Act of 1955 was the first federal legislation involving air pollution. This Act
provide funds for federal research in air pollution.

The Clean Air Act of 1963 was the first federal legislation regarding air pollution control. It established a
federal program within the U.S. Public Health Service and authorized research into techniques for air
pollution monitoring and control.

Air Pollution Control Acts and amendments

In 1967, the Air Quality Act was enacted to expand federal government activities. In accordance with
this law, enforcement proceedings were initiated in areas subject to interstate air pollution transport.

The federal government conducted extensive ambient monitoring studies and stationary source
inspections.

Also studies of air pollutant emission inventories, ambient monitoring techniques, and control
techniques were studied.

Air Pollution Control Acts and amendments

Clean Air Act of 1970

This legislation authorized the development of comprehensive federal and state regulations to limit
emissions from both stationary sources and mobile sources.
Four major regulatory programs affecting stationary sources were initiated:

1. The National Ambient Air Quality Standards [NAAQS]

2. State Implementation Plans (SIPs),

3. New Source Performance Standards (NSPS), and

4. National Emission Standards for Hazardous Air Pollutants (NESHAPs).

1. National Ambient Air Quality Standards (NAAQS)

The Clean Air Act, which last amended in 1990, required EPA to set National Ambient Air Quality
Standards for pollutants considered harmful to public health and the environment.

The Clean Air Act established two types of national air quality standards.

Primary standards

Secondary standards

Primary standards set limits to protect public health, including the health of "sensitive" populations
such as asthmatics, children, and the elderly.

Secondary standards set limits to protect public welfare, including protection against reduced visibility,
damage to animals, crops, vegetations, and buildings and other environmental components.

The EPA Office of Air Quality Planning and Standards has set National Ambient Air Quality Standards for
six "criteria" pollutants.

Units of measure are parts per million (ppm) by volume, milligrams per cubic meter of air (mg/m3), and
micrograms per cubic meter of air (µg/m3).

The six criteria air pollutants are:-

Carbon monoxide

Lead

Nitrogen dioxide

Particulate matter

Ozone

Sulphur dioxide

2. State Implementation Plan.

What is a SIP?

A State Implementation Plan (SIP) is an enforceable plan developed at the state level that explains how
the state will comply with air quality standards according to the federal Clean Air Act.

A SIP must be submitted by the state government of any state that has areas that are designated in non-
attainment of federal air quality standards.

State Implementation Plan.

The federal Clean Air Act (CAA) is the legal foundation for the national air pollution control program.

The CAA requires each state to produce and regularly update a State Implementation Plan.

State Implementation Plan.

The CAA also requires that SIPs include a description of control strategies, or measures to deal with
pollution, for areas that fail to achieve National Ambient Air Quality Standards (NAAQS).

Finally, this Act grants powers of enforcement to the EPA.

SIPs include:

1. State regulations, that has been approved by USEPA

2. State-issued, USEPA-approved, orders requiring pollution control by individual companies

3. Planning documents such as

area-specific compilations of emissions estimates

computer simulations (modeling analyses) demonstrating that the regulatory limits assure that the air
will meet air quality standards.

Why do we need SIPs?

SIPs protect our air:

SIPs play a key role in attaining good air quality and protecting citizen's health.

SIPs are required by law:

The federal Clean Air Act requires states of the countries failing to meet National Ambient Air Quality
Standards to produce a SIP.

Failure to produce a SIP has consequences:

If a state fails to submit or implement a SIP, or if it submits a SIP that is unacceptable to the EPA, the
EPA has the power to impose penalties on that state.
3. New Source Performance Standards (NSPS)

The process requires the EPA to list categories of stationary sources which "cause, or contribute
significantly to, air pollution which may be anticipated to endanger public health or welfare."

The program sets uniform emission limitations (maximum) for industrial categories or sub-categories of
sources.

These standards apply to all pollutants emitted by the source category. However, for many sources, the
EPA has regulated only the criteria pollutants.

"New Source" is defined broadly to include

1. newly constructed factories or furnaces

2. any modification of existing sources,

3. changes in the way sources are operated that increase emissions or add a new pollutant to
emissions.

If the EPA finds that a stationary source is violating a national primary or secondary ambient air quality
standard, the EPA can enforce the standards.

However, if the EPA finds that the state's procedure for enforcing the standards is satisfactory, the EPA
may delegate to such state all enforcement authority rendered to it under the Clean Air Act.

4. National Emissions Standards for Hazardous Air Pollutants

The National Emissions Standards for Hazardous Air Pollutants (NESHAPs) are emission standards set
by the United States EPA for an air pollutant not covered by NAAQS that may cause an increase fatalities
or serious, irreversible, or incapacitating illness.

The standards for a particular source category require the maximum degree of emission reduction that
the EPA determines to be achievable, which is known as the Maximum Achievable Control Technology
(MACT)

“MACT”

Technology based standard which considers cost as well as environmental impacts

Applies to new and existing sources

Look what the best controlled sources are doing in each category

Emission reduction achieved through

-process change
 -Material substitution

-add-on controls

-work practices

National Emissions Standards for Hazardous Air Pollutants

(NESHAP) Pollution sources

Most air toxics originate from human-made sources, including

mobile sources (e.g., cars, trucks, buses)

stationary sources (e.g., factories, refineries, power plants),

indoor sources (e.g., building materials and activities such as cleaning).

There are two types of stationary sources that generate routine emissions of air toxics:

1. "Major" sources - are defined as “sources that emit 10 tons per year of any of the listed toxic air
pollutants, or 25 tons per year of a mixture of air toxics”.

These sources may release air toxics from equipment leaks, when materials are transferred from one
location to another, or during discharge through emission stacks or vents

2. "Area" sources- smaller-size facilities that release lesser quantities of toxic pollutants into the air.

Area sources are defined as “sources that emit less than 10 tons per year of a single air toxic, or less
than 25 tons per year of a combination of air toxics”.

Though emissions from individual area sources are often small, collectively their emissions can be of
concern - particularly where large numbers of sources are located in heavily populated areas.

BEST AVAILABLE CONTROL

TECHNOLOGY

• Defined by State.

• Take into consideration energy, economic and environmental considerations

HAP and TAP ?

TAP’s

- North Carolina Toxic Air Pollutants

- Health based standards

  HAP’s

- Federal Hazardous Air Pollutants

- Technology based standards

 Sources may be subject to BOTH

What about Mobile Sources of HAP?

CAA 1990 instructed EPA to study emissions of HAPs from mobile sources

Identified 21 HAP

Proposed regulation of amount of benzene in gasoline (August 2000)

Today’s cars typically emit 70 to 90 percent less pollution over their lifetimes than their 1970 counter
parts

Controlling Mobile Sources

Tailpipe standards for cars, buses, and trucks

Regulate gasoline formulations

- Remove lead

- Oxygenated gasoline

- Reformulated gasoline

- Clean fuel program

Clean Air Act Amendments of 1977

Major amendments were added to the Clean Air Act in 1977 (1977 CAAA).

The 1977 Amendments primarily concerned provisions for the Prevention of Significant Deterioration
(PSD) of air quality in areas attaining the NAAQS.

The 1977 CAAA also contained requirements pertaining to sources in non-attainment areas for NAAQS.

“A non-attainment area is a geographic area that does not meet one or more of the federal air quality
standards.”

Prevention of Significant Deterioration (PSD)

The states are required to ensure areas already in compliance with the national ambient air quality
standards do not deteriorate to or cross those standards
.

Such areas, must control the emissions of certain pollutants such that the concentration of those
pollutants does not increase than the allowable increment as set in the CAA.

Clean Air Act Amendments of 1990

In 1990, Clean Air Act was revised and expanded.

This provided EPA broader authority to implement and enforce regulations reducing air pollutant
emissions.

The 1990 Amendments also placed increased emphasis on more cost-effective approaches to reduce air
pollution.

Clean Air Act Amendments of 1990

Control of acid deposition (acid rain) and issuance of stationary source operating permits.

The NESHAPs for controlling toxic air pollutants.

The provisions for attainment and maintenance of NAAQS

Provisions regarding stratospheric ozone protection, increased enforcement authority, and expanded
research programs.

Milestones of Clean Air Act

The Air Pollution Control Act of 1955

First federal air pollution legislation

Funded research for scope and sources of air pollution

Clean Air Act of 1963

development of a national program to address air pollution related environmental problems

research into techniques of air pollution control.

Air Quality Act of 1967

Authorized enforcement procedures for air pollution problems involving interstate transport of
pollutants

Authorized expanded research activities

Clean Air Act 1970

establishment of National Ambient Air Quality Standards

Established requirements for State Implementation Plans to achieve the National Ambient Air Quality
Standards

Authorized the establishment of New Source Performance Standards for new and modified stationary
sources

Authorized the establishment of National Emission Standards for Hazardous Air Pollutants

Increased enforcement authority of EPA.

Authorized requirements for control of motor vehicle emissions

1977 Amendments to the Clean Air Act of 1970

Authorized provisions related to the Prevention of Significant Deterioration

Authorized provisions relating to areas which are non-attainment with respect to the National Ambient
Air Quality Standards

1990 Amendments to the Clean Air Act of 1970

Authorized programs for Acid Deposition Control

Authorized a program to control 189 toxic pollutants, including those previously regulated by the
National Emission Standards for Hazardous Air Pollutants

Expanded and modified provisions concerning the attainment of National Ambient Air Quality Standards

Expanded and modified enforcement authority

CONCLUSION

By reducing air pollution, the Clean Air Act has led to significant improvements in human health and the
environment.

Since 1970, the six commonly found air pollutants have decreased by more than 50 percent

Air toxics from large industrial sources, such as chemical plants, petroleum refineries, and paper mills
have been reduced by nearly 70 percent
New cars are more than 90 percent cleaner and will be even cleaner in the future, and

Production of most ozone-depleting chemicals has ceased.

At the same time,

the gross domestic products, or GDP, has increased……

energy consumption has increased and

vehicle use has increased by almost 200 percent……………

How clean is clean……..???????

end

MACT- Maximum Achievable Control

Technology

BACT- Best Available Control Technology

Application of BACT

Any new or modified source with an increase in emissions of

OC, NOx, SO2, PM10, or CO

-------in excess of 10 pounds per day

must be reviewed for possible application of BACT.

Definition of BACT can be broken down to two general categories:

1) "technologically feasible and cost-effective" and

2) "achieved in practice."

The first category is a more stringent and is technology forcing; it refers to advanced control devices or
techniques.

In case (1) “the technologically feasible/cost-effective” category are technology transfers from
successful applications on similar types of equipment or emission streams.

In case(2), the control has been "achieved in practice" on a similar source or equipment category, but
has not been used for the particular source or equipment in question.

In case(2) a feasibility and cost-effectiveness analysis would be necessary.

Application of BACT & LAER

Many districts have BACT definitions that are much more stringent than BACT defined in federal CAA,
can be deemed qualifying for federal LAER, Lowest Achievable Emission Rate.

TBACT - Best Available Control Technology for Toxics

TBACT has to be applied on any new or modified source with a health impact greater than or equal to
a cancer risk of one in a million and/or a hazard index of one.

The toxic compound emission levels laid which when exceeded, the source (s) are subjected to air
dispersion model-based, site-specific, health risk assessment.

The results of the health risk assessment determine the need for TBACT.

TBACT include the most stringent emission control for a source type for which a Maximum Achievable
Control Technology (MACT) standard has been proposed.

Under no circumstances the emission control be less stringent than the emission control required by any
provisions of federal, state or District laws, rules, regulations or requirements.

The definitions of MACT and TBACT is

"the most effective emission control" or "the most stringent emission limitation."

In most cases, TBACT is the same as MACT in actual application.

Most sources meeting TBACT will be in compliance with the MACT standards also.

In most cases, the use of TBACT result in residual health risks within acceptable levels.

In some cases, however, additional risk reduction measures may be needed for a project to be
approved.

The need for risk reduction measures is generally related to a source's proximity to residential areas or
other areas where the public exposure may occur

MACT

The federal Clean Air Act must install MACT for emissions of listed hazardous air pollutants.

The Act includes a list of 189 toxic air pollutants whose emissions must be reduced.

Definition of MACT

"maximum degree of reduction in emissions ... considering the cost of achieving such emission
reduction,
and any non-air quality health and environmental impacts and energy requirements ... achievable for
new and existing sources...".

MACT applications include

1. emission control equipment,

2. process modifications,

3. material substitutions,

4. control procedures,

5. workplace standards, or a combination of methods.

Methods that reduce or prevent the creation of pollution at its source, as opposed to "end-of-
stack" treatment, is to be provided so that emission reductions can be achieved.

 Federal Clean Water Act

 ►Legislative History:

 Congress in 1948 – “Water Pollution Control

Act”

 Major amendments 1961, 1966, 1970, and

1972

 Amended/renamed 1977 - “Clean Water Act”

(CWA)

Several subsequent amendments for

 Governing discharges to water,

 activities that can impact water quality, and

 the disposal of sludge from water treatment processes

 Federal Clean Water Act

(History Continued)
  ►Implemented by the U.S. Environmental

Protection Agency (EPA) and the U.S. Army

Corps of Engineers (COE)

 ►Allows delegation of activities to approved

states

 ►Provides civil and criminal penalties for

violations and citizen suits for enforcement of the act.

In 1962 scientist Rachel Carson wrote Silent Spring, an explosive expose condemning the use of
long-lasting pesticides in general, and DDT in particular.

It is believed that many pollution control laws, including CWA, were influenced by Silent Spring. The
use of DDT in many nations was subsequently banned.

Federal Clean Water Act

Passed by congress on October 4, 1972 – vetoed by President Nixon

Pre-1972, discharge limits were calculated based on receiving water quality-assimilative capacity – didn’t
take into account cumulative effects (Cuyahoga River) – “dilution is no solution”

Why CWA?

The Clean Water Act (CWA 1977) was established for regulating discharges of pollutants into the waters
of the United States and regulating quality standards for surface waters.

The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act.

 The Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the
Act's common name with amendments in 1977.

 Under the CWA, EPA has implemented pollution control programs such as setting wastewater
standards for industry. Also water quality standards for all contaminants in surface waters were
set.

CWA deals with two types of pollution: point-source and non-point-source

-Point source: CWA has been very successful

Pollution that comes out of the end of a pipe or other discrete conveyance

Governed primarily by Section 402 of the CWA

Establishes a National Pollution Discharge Elimination System (NPDES)

Pollution control strategy in the CWA

Point sources

The 1972 act introduced a permit system for regulating point sources of pollution.

Point sources include:

industrial facilities (including manufacturing, mining, oil and gas extraction, and service industries)

municipal governments and other government facilities (such as military bases), and

some agricultural facilities, such as animal feedlots.

Point sources may not discharge pollutants to surface waters without a permit from the National
Pollutant Discharge Elimination System (NPDES).

This system is managed by the United States Environmental Protection Agency (EPA) in partnership with
state environmental agencies.

EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges.

Point sources are discrete conveyances such as pipes or man-made ditches.

Individual homes that are connected to a municipal system, use a septic system, or do not have a
surface discharge do not need an NPDES permit;

however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to
surface waters.

National Pollutant Discharge

Elimination System (NPDES)

►Administered by the U.S. EPA

►Regulates:

 Municipal Wastewater (Sewer) Discharges

 Industrial Wastewater (Process) Discharges

 Municipal Storm Water Discharges

  Industrial Storm Water Discharges

 Construction Site Storm Water Discharges

National Pollutant Discharge

Elimination System (NPDES)–
Continued

Administered through a permit system

Includes requirements for public notice &

public involvement

Provides for delegation to approved states

The Clean Water Act Commonly abbreviated as the CWA,

Goals of CWA -

eliminate releases to water of high amounts of toxic substances,

eliminate additional water pollution by 1985, and

ensure that surface waters would meet standards necessary for human sports and recreation by 1983.

Water quality standards

The congress authorized states to develop water quality standards, which would limit discharges from
facilities based on the characteristics of individual water bodies (stream standards) for interstate waters.

This system was not effective and there was no permit system in place to enforce the requirements.

In the 1972 CWA Congress added the permit system and a requirement for technology-based effluent
limitations

Technology-based standards

The 1972 CWA created a new requirement for technology-based standards for point source discharges.

EPA developed these standards for categories of discharges (effluent standards), based on the
performance of pollution control technologies without regard to the conditions of a particular receiving
water body.

The standard becomes the minimum regulatory requirement in a permit.

Water quality standards

  The 1972 act authorized continued use of the water quality-based (stream standards) approach,
but in coordination with the technology-based standards.

 Even after application of technology-based standards to a permit, if water quality is still

impaired for the particular water body, state or EPA may add water quality-based limitations to
that permit.

 The additional limitations are to be more stringent than the technology-based limitations and
would require the permittee to install additional controls.

Non-point sources

Congress exempted some water pollution sources from the point source definition in the 1972 CWA,
and was unclear on the status of some other sources.

These sources were therefore considered to be non-point sources that were not subject to the permit
program.

Non-point sources

Agricultural storm water discharges

irrigation return flows

Storm water runoff from industrial sources,

municipal storm drains.

The controlling of non-point source pollution—from diffuse or not-easily identifiable sources—is

much a harder task than controlling point source pollution, which can be predicted, controlled, and
monitored.

1970 Clean Water Act Amendments (CWAA)

The Cuyahoga River in Ohio caught fire several times since the 1930s, a result of oil slicks and
flammable industrial waste dumped in it.

Coupled with widespread and human waste contamination of rivers, the fire on the Cuyahoga in 1969,
led to the enactment of the CWAA.

1970 CWA amendments

The 1970 amendments is the Water Quality Improvement Act of 1970, it amended the prohibitions on
discharges of oil in sea.
In issuing regulations, the President was authorized to determine quantities of oil which would be
harmful to the public health including, fish, shellfish, and wildlife, as well as public and private property,
shorelines and beaches.

The 1970 amendments also required that performance standards be developed for marine sanitation
devices

authorized demonstration projects to control acid or other mine water pollution

to control water pollution within the watersheds of the Great Lakes.

Federal Water Pollution Control Act Amendments of 1972

Objectives

to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.

Not to grant a license for a hydroelectric power project affecting water quality and regulate stream flow.

limitations be determined for point sources consistent with State water quality standards.

Federal Water Pollution Control Act Amendments of 1972……contd…

procedures for State issuance of water quality standards,

identify and evaluate the extent of non point source pollution,

development of toxic and pretreatment effluent standards.

Clean Water Act of 1977

Provisions :

Development of "Best Management Practices" Program as part of the state area wide planning
program.

Authority for the Fish and Wildlife Service to provide technical assistance to states in developing "best
management practices" as part of water pollution control programs

Clean Water Act of 1977 contd….

Authority to issue general permits for any activities which are similar in nature, will cause only minimal
environmental effects when performed separately, and will have only minimal cumulative adverse
impact on the environment

Water Quality Act of 1987 (1987 WQA)

Congress required the industrial storm water dischargers and municipal separate storm sewer systems
obtain NPDES permits, by specific deadlines.
The permit exemption for agricultural discharges still continued.

Relevance of CWA

1. The Clean Water Act (CWA) is the cornerstone of surface water quality protection.

2. The Act does not deal directly with ground water nor with water quantity issues.

3. The act employs a variety of regulatory and non regulatory tools to reduce direct pollutant
discharges into waterways, finance municipal wastewater treatment facilities, and manage
polluted runoff.

Goals of CWA

The goal of these regulatory and non regulatory tools are to:-

a) restore and maintain the chemical, physical, and biological integrity of the nation's waters so that
they can support "the protection and propagation of fish, shellfish, and wildlife and recreation in and on
the water."

b) Evolution of CWA programs aimed a shift from source-by-source, pollutant-by-pollutant approach to

holistic watershed-based strategies.

c) Under the watershed approach equal emphasis is placed on protecting healthy waters and restoring
impaired ones.

d) Involvement of stakeholder groups in the development and implementation of strategies for

achieving and maintaining state water quality and other environmental goals is another hallmark of this
approach.