Env. Law, Lecture 5

Clean Air Act of 1970

first major air pollution control act

Air Quality Issues

- EPA estimates that 60% of americans live in non attainment areas
- many less populated areas are not monitored by EPA

Criteria Pollutants under CAA

- Sulfur Dioxide (SO2)
- Nitrogen Oxides
- Carbon Monoxide
- Ozone
- Particulates
- Lead

Airborne Toxins

*of the 188, 60% are classified* as known, probably *carcinogens* (cancer causing)

Acid Deposition

- SO2 & NO interact with sunlight and water vapor
- wet deposition: acid rain or snow
- dry deposition: dust, gasses, airborne particles

Acid Precipitation

- *primary harm is damage to aquatic life*
- dry deposition is harmful to human health
- acid precipitation erodes stone buildings and monuments

Ozone Layer

- in stratosphere, ozone acts as a filter prevent to the UV radiation from reaching Earth
- hole developed over Antartica

Causes of Ozone Depletion

- CFC's (chlorine, fluorine, carbon)
- rise to stratosphere, broken down by UV light
- chlorine reacts with ozone to convert back to oxygen destroying the ozone layer
- halons
- nitrous oxide

Global Climate Change

- National Academy of Sciences
- average surface temperature of the earth has risen at least 1º over the past century

Greenhouse Effect

- CO2
- methane
- CFC's
- Nitrous Oxide
- act as a glass in greenhouse
- warmed surface of earth radiates energy back but is trapped by greenhouse gasses
- CO2 in atmosphere has risen by estimated 31% since 1750

Kyoto Protocol

- treaty by global community to reduce greenhouse gasses
- (first commitment period) by 2012 by average of 5.2% below 1990 levels
- (second commitment period) from 2013-2020 by 18% below 1990 levels

Paris Agrement

- most recent global agreement on climate change was result of COP 21 in Paris
- Goal: keep global temp. below 2º C above pre-industrial levels. pursuing to limit increase to 1.5º C in future

Massachusetts v. EPA

- Supreme Court ruled greenhouse gases fall within the Clean Air Acts definition of pollutant
- EPA has authority to regulate such gases from new mother vehicles
- EPA cannot refuse to regulate greenhouse gasses under the act

Air Quality Approaches

- Clean Air Act
- NAAQS
- NSD
- New Source Performance Standards
- Mobile Source Emissions Standards
- Hazardous Air Toxins Standards

National Ambient Air Quality Standards (NAAQS)

- EPA is required to determine which pollutants have an adverse effect and establish quality standards for them
- Primary (AAQS): Human Health
- Secondary (AAQS): Public Welfare

State Implementation Plans (SIP's)

states are required to develop SIP's that provide means of attaining NAAQS for each region

Operating Permits

all large and many small sources of air pollution are required to obtain *5 year permits that spell out limits on pollutants*
- highly populated urban areas with severe air pollution must have vehicle inspection and maintenance programs

All "clean" air quality regions are designated as class I, II, or III

- class I: most pristine, only minimal increases in ambient concentrations permitted
- class II: allowed a moderate amount of degradation
- class III: allowed slightly more deterioration from new sources, in some cases, allowed degrade to the level of secondary standards

Facilities that emit air pollutants regulated under the CAA must

- obtain a pre-construction permit
- demonstrate that construction will not increase emissions above a certain threshold
- show that facility operations are in continuous compliance with the best available control technology requirements

New Source Review (NSR)

- air quality should not be significantly degraded from the addition of new and modified factories
- requires any large new or modified industrial source be as clean as possible
- a major modification that would cause a significant net increase in emissions would have to meet stricter standards than a new facility
- electrical generating plants: many refused to comply with NSR requirements by stating that improvements were routine maintenance

Mobile Source Performance Standards

designated to reduce the emissions of
-hydrocarbons
- carbon dioxide
- nitrous oxides
- mandated reduction of lead content in gas
- vapor recovery equipment on gas pump nozzles

1990 Clean Air Act Amendments

- Air Toxics Program:
reduce emissions of 188 hazardous pollutants
- Acid Rain Program:
allowance authorizes holder to emit 1 ton of sulfur dioxide per year