Outdoor Air
Issue Summary
U.S. EPA
States
Organizations/Non-Government Programs
Publications
Databases and Tools
Issue Summary
Clean Air Act
Overview
The Clean
Air Act (CAA) is the federal law passed in 1970,
and last amended in 1990, which forms the basis for the national air
pollution control effort to protect the nation's air and the public's
health. The CAA consists of six sections, known as Titles, which
direct EPA to establish national standards for ambient air (i.e.,
outdoor air) quality and for EPA and the States to implement,
maintain, and enforce these standards through a variety of
mechanisms. These titles are discussed below. Under the CAA, many
industrial facilities and some local government operations (e.g.,
solid waste incinerators) are required to obtain air permits.
Additionally, state and in some cases local governments oversee,
manage, and enforce many of the requirements of the CAA.
Pursuant to Title I of
the CAA, EPA established National
Ambient Air Quality Standards (NAAQS) to limit levels
of criteria pollutants:
-
carbon monoxide
(CO),
- oxides of nitrogen
(NOx),
- ground-level ozone
(O3),
-
lead (Pb),
- sulfur dioxide
(SO2), and
-
particulate matter
(PM).
For each
criteria pollutant, EPA establishes primary and secondary NAAQS. The
primary standard establishes a level of the pollutant in the ambient
air that will allow for the protection of human health. The secondary
standard is established to prevent environmental and property damage.
EPA has the
authority to formally designate areas as attainment or non-attainment
areas. The EPA uses the NAAQS to evaluate an area's attainment
status. If the level of a pollutant is below the NAAQS, the area will
be designated attainment for that pollutant. However, if the
pollution limits are exceeded for several consecutive years, the EPA
will designate an area as non-attainment. The area will subsequently
be subject to more stringent regulatory requirements. [Use EPA's
AirData System to check on an area's status.]
Areas can be in
attainment for some pollutants, while designated as non-attainment
for others. Some areas are designated as "maintenance"
areas. These are regions that were initially designated as
non-attainment or unclassifiable and have since attained compliance
with the NAAQS.
New Source
Performance Standards (NSPSs). Title I also authorizes EPA to
establish New
Source Performance Standards (NSPSs), which are
nationally uniform emission standards for new stationary sources
falling within particular industrial categories. NSPSs are based on
the pollution control technology available to that category of
industrial source. Municipal waste combustors or sewage sludge
incinerators may be subject to these standards.
National Emission
Standards for Hazardous Air Pollutants (NESHAPs). Under Title I,
EPA establishes and enforces National
Emission Standards for Hazardous Air Pollutants (NESHAPs),
nationally uniform standards oriented towards controlling particular
hazardous air pollutants (HAPs). Title I, section 112(c) of the CAA
further directed EPA to develop a list of sources that emit any of
189 HAPs, and to develop regulations for these categories of sources.
To date EPA has listed 174 categories and developed a schedule for
the establishment of emission standards. The emission standards will
be developed for both new and existing sources based on "maximum
achievable control technology" (MACT). The MACT is defined as
the control technology achieving the maximum degree of reduction in
the emission of the HAPs, taking into account cost and other factors.
Unless a local government operates a treatment storage and disposal
facility or stores significant quantities of organic chemicals, it is
not likely to be subject to the NESHAPs requirements.
Mobile Sources. Title II of the CAA pertains to mobile
sources, such as cars, trucks, buses, and planes.
Reformulated gasoline, automobile pollution control devices, and
vapor recovery nozzles on gas pumps are a few of the mechanisms EPA
uses to regulate mobile air emission sources. Local governments may
be subject to these standards if they operate vehicles or large
fleets of vehicles, or conduct fueling operations.
Sulfur
Dioxide/Nitrous Oxide Emissions. Title IV of the CAA establishes
a sulfur dioxide nitrous oxide emissions program designed to reduce
the formation of acid rain. Reduction of sulfur dioxide releases will
be obtained by granting to certain sources limited emissions
allowances, which, beginning in 1995, will be set below previous
levels of sulfur dioxide releases. Local governments that operate
municipal waste combustors, sewage sludge incinerators, or large
boilers generators may be subject to these requirements.
Major Source
Permit Program. Title V of the CAA of 1990 created a permit
program for all "major sources" (and certain other sources)
regulated under the CAA. One purpose of the operating permit is to
include in a single document all air emissions requirements that
apply to a given facility. States are developing the permit programs
in accordance with guidance and regulations from EPA. Once a State
program is approved by EPA, permits will be issued and monitored by
that State.
Stratospheric Ozone
Protection. Title VI of the CAA is intended to protect
stratospheric ozone by phasing out the manufacture of ozone-depleting
chemicals and restrict their use and distribution. Production of
Class I substances, including 15 kinds of chlorofluorocarbons (CFCs)
and chloroform, were phased out (except for essential uses) in 1996.
Local governments that conduct vehicle or building air conditioner
maintenance and repair are subject to these requirements.
Risk
Management Planning. Local governments conduct activities that
contribute to air pollution. Activities such as vehicle use and
fueling, chemical storage and boiler operations are common to many of
the operations of local government. Vehicle use contributes to ground
level ozone and smog. Fueling operations may emit volatile organic
compounds (VOCs). Chemical storage has the potential to emit
hazardous air pollutants. Local governments may conduct these and
other activities as part of their operations. These activities may be
regulated under the Clean Air Act. The following table presents the
various local government operations that may be subject to Clean Air
Act requirements.
Local Government Operations and
Clean Air Act Requirements |
Operations |
Title I |
Title II (Mobile Sources) |
Title III |
Title IV
(Acid Rain) |
Title V (Operating Permits) |
Title VI
(Strat. Ozone) |
NAAQS |
NSPS |
NESHAPS |
PSD |
RMP |
New construction of roads, bridges, tunnels |
X |
|
|
|
|
|
|
|
|
Maintenance and renovation of roads, bridges, and tunnels |
|
|
X |
|
|
|
|
|
|
Traffic management |
|
|
|
|
|
|
|
X |
|
New construction of buildings |
X |
|
|
|
|
|
|
|
|
Maintenance and repair of buildings |
|
|
X |
|
|
X |
|
|
|
Demolition of buildings |
X |
|
X |
|
|
X |
|
X |
X |
Pesticide storage |
|
|
|
|
|
X |
|
|
|
Spill/release response of pesticides |
|
|
|
|
|
X |
|
|
|
Fire response/suppression (halons, solvents) |
|
|
|
X |
|
|
|
|
X |
Emergency planning |
|
|
|
|
|
X |
|
|
|
Hazardous chemical inventory |
|
|
|
|
|
X |
|
|
|
Hazardous materials response |
|
|
|
|
|
|
|
|
|
Emissions from photoprocessing chemicals |
|
|
|
|
|
|
|
|
|
Lead dust releases |
|
|
X |
|
|
|
|
|
|
Solid waste collection |
|
|
|
X |
|
|
|
|
|
Landfill operation |
X |
X |
X |
|
X |
|
|
|
|
Composting |
|
|
|
|
|
X |
|
|
|
Municipal waste combustion |
|
X |
X |
X |
|
|
X |
|
|
Chemical storage/hazardous materials management at wastewater
treatment operations |
|
|
|
|
|
X |
|
|
|
Flaring |
|
|
|
|
|
|
|
|
|
Emissions from biosolids incinerators |
|
|
|
|
|
|
X |
|
|
Chemical storage/hazardous materials management at water
treatment operations |
|
|
|
|
|
X |
|
|
|
Storage tank maintenance |
|
|
|
|
|
|
|
|
|
Vehicle painting |
|
|
|
|
|
|
|
|
|
Repairing air conditioners |
|
|
|
|
|
|
|
|
X |
Repairing exhaust systems |
|
|
|
|
|
|
|
|
|
Washing vehicle parts |
|
|
|
|
|
|
|
|
|
Fuel dispensing |
|
|
|
|
|
|
|
|
|
Clean Air Act
Roles and Responsibilities
The Clean Air Act is a
federal law covering the entire country. However, states and local
governments do a lot of the work to meet the Act's requirements. For
example, representatives from state or local agencies work with
companies to reduce air pollution. They also review and approve
permit applications for industries or chemical processes.
State
Implementation Plans (SIPs). States are required to submit a
"plan" to EPA in order to describe how the CAA will be
implemented in that state. The plan is called the state
implementation plan or SIP, and it is a collection of the regulations
that sets forth basic strategies for implementation, maintenance, and
enforcement of NAAQS.
SIPs are
required to include schedules and timetables for compliance with the
CAA. In addition, the states must involve the public, through public
hearings and opportunities to comment, in the development of each
SIP. The following are examples of what may be included in a state's
SIP:
-
Air monitoring system requirements
-
Fee schedules for
Title V operating permits
-
Enforcement
procedures
-
Emissions
limitations
-
Controls on
interstate air quality
A state's SIP is
an ongoing blueprint for dealing with the CAA and is frequently
amended to comply with the 1990 CAA amendments. EPA must approve each
SIP revision, and if EPA does not approve a SIP revision, it can take
over enforcing that particular provision in that state.
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. 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 may have stronger air pollution laws,
but they may not have weaker pollution limits than those set by EPA.
EPA must approve state
and local agency plans for reducing air pollution. If a plan does not
meet the necessary requirements, EPA can issue sanctions against the
state and, if necessary, take over enforcing the Clean Air Act in
that area.
EPA assists state,
tribal, 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. It makes sense for state and local air
pollution agencies to take the lead in carrying out the Clean Air
Act. They are able to 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 also monitor air quality, inspect facilities under
their jurisdictions and enforce Clean Air Act regulations.
States have to develop
State Implementation Plans (SIPs) that outline how each state will
control air pollution under the Clean Air Act. A SIP is a collection
of the regulations, programs and policies that a state will use to
clean up polluted areas. The states must involve the public and
industries through hearings and opportunities to comment on the
development of each state plan.
U.S. EPA
EPA
Office of Air and Radiation. The Office of Air and
Radiation (OAR) develops national programs, technical policies, and
regulations for controlling air pollution and radiation exposure.
Integrated Urban Air Toxics
Strategy. The air toxics strategy is a framework for
addressing air toxics emissions in urban areas.
EPA Air Pollution
Regulations:
States
Air
Pollution State Resource Locator. This locator
provides links to state and local air pollution agencies and
regulations along with point of contact.
Organizations/Non-Government
Programs
Air
and Waste Management Association. The Air & Waste
Management Association (A&WMA) is a nonprofit, nonpartisan
professional organization that enhances knowledge and expertise by
providing a neutral forum for information exchange, professional
development, networking opportunities, public education, and outreach
to more than 8000 environmental professionals in 65 countries.
Publications
Office
of Air and Radiation Publications.
Databases and Tools
State
and Local Transportation Resources. This Web site
provides useful information, tools, and links to resources that
identify emission reduction strategies, national policies,
regulations, incentive-based programs, funding sources, calculators,
and other types of assistance to help states and local areas achieve
their air quality and transportation objectives.
Technical Air Pollution Resources.
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