Clean Air Act History

Transcription

1 Clean Air Act Compliance Clean Air Act Compliance Clean Air Act History 1940s serious smog in LA, CA and Donora, PA raised concerns about air quality. 1955, Air Pollution Control Act was the 1st national air quality legislation, the act was later revised and amended many times Clean Air Act was first version of the act known as the Clean Air Act. 2 1

2 CAA Amendments and Standards NAAQS 1990 CAA amendments required EPA to set National Ambient Air Quality Standards (NAAQS) for harmful pollutants (40 CFR Part 50) Primary standards protect public health, including the most "sensitive" populations e.g. youth, elderly and individuals with medical conditions. Secondary standards protect public welfare and prevent damage to animals, vegetation, and buildings, incl. visibility. 3 Criteria Pollutants EPA has set NAAQS for 6 criteria pollutants: 1) Sulfur Dioxide 2) Nitrogen Dioxide 3) Carbon Monoxide- No color/odor, poisonous gas 4) Lead 5) Particle Pollution (aka Particulate Matter) PM2.5 & PM10 6) Ozone Parts per million (ppm) by volume, parts per billion (ppb) by volume, and micrograms per cubic meter of air (µg/m 3 ). 4 2

3 Pollutants, Implementation of NAAQS and SIPs! Criteria pollutants result from industrial development, internal combustion engines (cars, trucks) and energy plants. NAAQS are delegated from the EPA to the states for implementation via the State Implementation Plan (SIP!) Each state has its own SIP so become familiar with your project area s SIP, threshold levels and mitigation. SIPs can be found on your local air quality agency s website 5 CARB & California s Unique Status Congress granted CA unique authority to adopt its own mobile source emission control standards. CA standards must be at least as stringent as the adopted U.S. EPA standards. Other states can choose to adopt CA's standards. CA has many of the most polluted counties in the U.S. Kern, Pinal, Riverside, Kings, Tulare, Fresno, San Bernardino, LA, Sacramento, El Dorado, San Diego, Ventura, Mariposa, Merced & San Luis Obispo. Maricopa County, AZ, is also one of the most polluted counties in the U.S. 6 3

4 General Conformity Rule Section 176 (c ) of the CAA requires all federal agencies that permit, fund or approve actions to ensure the actions conform with the SIPS before the action is approved. HUD activities that could be subject to Conformity Determination: new construction, acquisition, demolition, conversion, major rehabilitation. 7 Step 1: Determine Attainment vs Non-Attainment Attainment areas are ones where the pollutants are less than the NAAQS/ threshold level. Non-attainment (NA) areas are areas where the pollutants are greater than the NAAQS/ threshold level. Check the county or air-quality district for each criteria pollutant to find out if your project is located in a designated attainment or NA area and if in a NA what the thresholds or de minimis levels are. 4

5 Example of De minimis Threshold Levels for General Conformity South Coast Air Basin (SCAB) regulated by South Coast Air Quality Management District (SCAQMD) Pollutant Attainment Status Annual emissions tpy NOX NA- Severe for Ozone 10 VOC NA- Severe for Ozone 10 PM10 NA- Serious 70 PM2.5 direct NA 100 PM2.5 (NOX, VOC, NH3 and SOX) NA 100 CO Maintenance Step 2: Estimate Emissions If project is in NA area, estimate project s emissions and compare to de-minimis threshold levels. For emission estimates, CARB recommends using This emissions model helps quantify criteria pollutant and GHG emissions associated with construction & operations from a variety of land use projects. For any complex project, SIP estimates can be highly technical and should be completed by a professional. 10 5

6 Step 3: Assess 1) Is your project in a NA area? 2) Does your project exceed the de minimis/threshold level? If no to either, document in ERR and no further action required. If yes to both- does the project conform with the relevant SIP for air quality? If not 11 Step 4: Mitigation Measures EPA and AQMDs maintain inventories of examples of recently used technologies and how effective they were. Talk to AQ district to find out what emission control measures are available, and plan to implement required measures. Emission offsets= another strategy to reduce project emissions by reducing other emissions in the NA area, by trading emissions credits or by buying shutdown credits. If mitigation measures would not reduce emissions levels sufficiently- HUD can t approve the project and an alternative site should be chosen. 12 6

7 13 BAAQMD Air Quality Standards Pollutant Averaging time Concentration Attain? Concentration Attain? Ozone 8 hour ppm N N4 CO 8 hour 9.0ppm A 9ppm A6 1 hour 20ppm A 35ppm A Nitrogen Dioxide Sulfur Dioxide 1 hour 0.18ppm A U 24 hour 0.04ppm A 0.14 ppm A 1 hour 0.25ppm A 0.075ppm A PM 10 Annual 20ug/m3 N7 PM 2.5 Annual Arithmetic mean 12ug/m3 N7 15ug/m3 A 24 hour 35ug/m3 N 14 7

8 15 Two more considerations 1. Asbestos: follow state and local regulations 2. Consider the impact of local air quality on building occupants 16 8

9 Asbestos Once a popular insulating material Severe health effects from exposure, including mesothelioma Inspections are recommended for pre-1978 structures/properties for asbestos-containing materials HUD policy is to follow state and local regulations for handling and disposal of asbestos 17 Occupant health HUD s regulations also require Environmental Assessments to consider local sources of air pollution and the health of building occupants Projects adjacent to major highways or smokestacks must consider mitigation options Ventilation systems Alternate Site configuration HVAC solutions 18 9

10 Case Study in Northern CA: The Miraflores site 19 The Miraflores project details Project is to provide 336 units of housing for seniors and families on an urban infill site. 110 rental units for seniors 222 market-rate sf and attached units Existing conditions. L-shaped 14 acre property comprised of 3 major parcels Traffic from I-80 (east) can be heard through the property. The project site is bounded on the north by BART and a berm of a former Railroad Line

11 The Miraflores- air compliance EPA designated the entire SF Bay area as NA for 24 hr PM 2.5 NAAQS. Toxic air contaminants (TAC) found in higher concentrations near highways. No major stationary sources of TAC but diesel particulate is generated from the truck trips. 21 The Miraflores Problem: Original Proposal set building only 20 ft. from I-80. Health Risk Assessment showed diesel truck traffic emissions would negatively impact residents health. Mitigation Solution: Building was setback 220 ft. from I-80 to help mitigate adverse air quality and noise impacts from the freeway. Air ventilation system includes MERV 13 positive air pressure air filtration located on roof that will eliminate 90% of TACs