ARE Fall 2005 Lecture Slides - Clean Air Act - Part 2 (October 12, 2005)

Transcription

1 ARE309 Fall 2005 Class 8 (October 12) Clean Air Act Part 2 Reading Assignments: Salzman & Thompson, Chapter 4 (pages ) Case: American Trucking Tonight Reading Assignment Quiz #8 (Hand In) Guest: Donald van der Vaart In The News Lecture: CAA - Part 2 Lecture Quiz #2 (8:20 8:50) In The News This Week Climate Change: Commission Lacks Expertise The Dunn Daily Record - Oct. 6, 2005 Clean Air Could Pay in NC The News and Observer - Sept. 29, 2005 Story 1 Climate Change: Commission Lacks Expertise The General Assembly has established a Global Climate Change Commission to study issues related to global warming and make policy recommendations to the legislature. Unfortunately, the commission is dominated by left-of-center environmental advocacy groups and their allies with few of its members having significant expertise in the areas the commission is supposed to study. Story 2 Clean Air Could Pay in N.C. The Law Behind The News The legislature created a commission to study global warming effects and direct the panel to consider whether the state should adopt voluntary pollution reduction goals for greenhouse gases. North Carolina businesses can potentially sell carbon credits derived from reducing carbon dioxide emissions, if the federal government sets national limits on greenhouse gas pollution.

2 SESSION LAW SENATE BILL 1134 Passed General Assembly Aug 31, 2005 Signed by Governor Sept 27, 2005 SESSION LAW SENATE BILL 1134 Establishes the North Carolina Legislative Commission on Global Climate Change 34 Members 9 appointed by Senate 9 appointed by House 16 named in law 16 Named Members 16 Named Members Duke Power Progress Energy NCCBI MCIC Farm Bureau Forestry Association Environmental Defense Clean Energy Alliance Coastal Federation Conservation Council Nicholas School of Env. UNC Env. Program NCSU - Dean College of Agriculture & Life Sciences NCA&T - Dean Agriculture & Environmental Sciences ECU - Research Professor Dept. of Geology North Carolina State Climatologist Commission s Duties Conduct in-depth examination of seven general issues (in two categories) relationship between greenhouse gases and global warming Economic impact of climate change Recommend, if appropriate, an NC global warming pollution reduction goal By Nov The Science Issue An examination of the emissions of greenhouse gases from within the State and the extent to which reductions in the emissions of these gases in the State, region, nation, and worldwide could be expected to affect global climate change.

3 The Economic Issues The Clean Air Act (CAA) An evaluation of the economic opportunities for the State that may result from international, national, and State action to address global climate change and the emerging carbon market. The costs of any action taken by the State to address global climate change CAA Part 1: Air Pollutants & Sources What You Should Know Two basic physical forms of air pollution Two major sources of air pollution What is a primary/secondary air pollutant Criteria pollutants Descriptions and major sources Non-criteria air pollution problems CAA Part 2 The Structure of The CAA Current Clean Air Act 1970 Clean Air Act - Plus 1977 Amendments - Plus 1990 Amendments -

4 Six Major Titles In The Clean Air Act CAA Part 3 Regulating Criteria Pollutants Enforcement What You Should Know Six Criteria Pollutants Six Criteria Pollutants Air Quality Control Regions (AQCR) National Ambient Air Quality Standards (NAAQS) State Implementation Plans (SIP) Sulfur Dioxides (SO 2 ) Particulate Matter (PM 10 ) Carbon Monoxide (CO) Ozone (O 3 ) Nitrogen Oxides (NO x ) Lead (Pb) Air Quality Control Regions (AQCRs) Air Quality Control Regions Two Types Geographical units of the country which reflect common air pollution problems. Usually a county or group of counties around a metropolitan area. (MSA) Attainment AQCRs Regions with clean (good) air Non-Attainment AQCRs Regions with dirty (bad) air

5 Air Quality Control Regions Designated By Pollutant Attainment status determined per pollutant Good Air or Bad Air? What s The Standard? An area may be non-attainment for one pollutant but not for another NAAQS National Ambient Air Quality Standard Primary Standard Protects Public Health (people) Secondary Standard Protects public welfare (e. g. plants) NAAQS Established For The Six Criteria Pollutants Sulfur Dioxide (SO 2 ) Particulate Matter (PM-10) Carbon Monoxide (CO) Ozone (O3) Nitrogen Oxides (NOx) Lead (Pb) Two Types of Environmental Standards Standards Same As Presumptive Regulations Health Based So What are NAAQS? Health Technology Technology Based

6 The Primary Goal of the CAA Who Ensures That the Air Meets NAAQS in a AQCR? Ensure that the ambient air In each AQCR Meets the NAAQS Mechanism For Getting From Dirty to Clean State Implementation Plans Commonly Known as the SIP What Is It? State s plan for how that state will regulate specific sources to attaining the NAAQS s The SIP Concept States maintain primary responsibility for achieving air quality (NAAQS) within their borders States are free to choice their own emission standards for sources as long as the state achieve the NAAQS Is Your State s SIP Attaining NAAQS? Attainment Non- Attainment

7 North Carolina NAAQS 2004 Attainment Status Ozone ( 1 hour standard) All counties meet the 1-hour ozone NAAQS NAAQSs Can Change Carbon Monoxide All counties meet the CO NAAQS Other Criteria Pollutants All counties meet the other NAAQSs 0.12 ppm 1- Hour Ozone NAAQS NAAQS for Ozone Hour Ozone NAAQS The 3 year average of the Annual 4th-highest daily maximum 8-hour average ozone concentration Must be less than or equal to 0.08 ppm NAAQS for Particulate Matter PM -10 NAAQS PM NAAQS 150 micrograms/m 3 15 micrograms/m 3 But When NAAQSs Changes What is Non-Attainment? Non-attainment is a label that means an area violates the ambient air quality standard [NAAQS] So Do Designations Clean Air Act says that any monitor that violates an NAAQS must have some area around it designated as nonattainment.

8 NC 8-hr Ozone Nonattainment Areas How Does Non-Attainment Impact Economic Development? Three Ways Additional controls on stationary & mobile sources of pollutants Non-Attainment Additional Controls Reasonably Available Control Technology [RACT] Limited opportunity for new industry and expansion Highway funding in jeopardy Non-Attainment Additional Controls Auto Inspection & Maintenance [I/M] Non-Attainment Limits On New & Expanded Sources Emission Offsets Must Be Purchased

9 Non-Attainment Transportation Funding Federal Highway Dollars May Be Lost CAA Part 4 Beyond NAAQS & SIPs What You Should Know New Source Performance Standards (NSPS) New Source Review (NSR) (PSD) Hazardous Air Pollutants (HAP) Permits Limitations of NAAQS & SIPs Because NAAQS are implemented by each states via SIP Not all states would have the same requirements [emission standards] for criteria pollutants Cleaner states could set less stringent SIP standards Why Would States Do That? Leveling The Playing Field Two CAA Programs New Source Performance Standards ( NSPS ) All new sources must install state-of-art technology Geographic Specific Standards All large new or modified sources must install state-of-art technology depending on location, location, location

10 New Source Performance Standards (NSPS) New Source Performance Standards Uniform National Standards Based on Best Technology Rather than health based - like NAAQS Applied regardless of location Attainment Non-Attainment So what are NSPS? Health Technology Baghouses are square. Scrubbers are round. Beyond NSPS By 1977 the goal to meet NAAQSs not being met What To Do? Congress amends CAA in 1977 to overlaid NAAQS and NSPS With geographic specific standards Geographic-Based Standards Only Two Choices of Geography NAAQS Attainment Area (Clean) NAAQS Non- Attainment Area (Dirty) Geographic-Based Standards Large new sources or Major modification of existing source Must install most restrictive technology BACT or LAER plus offset emissions Depending On Location NAAQS Attainment Area (Clean) NAAQS Non-Attainment Area (Dirty)

11 Geographic-Based Standards Two Types Clean Air Areas (NAAQS Attainment) Prevention of Significant Deterioration ( PSD ) Geographic-Based Standards So what are NSR and PSD? Health Technology Dirty Air Areas (NAAQS Non-attainment) New Source Review ( NSR ) Mutually Exclusive Baghouses are square. Scrubbers are round. Review: Three Types of Standards for Criteria Pollutants More Than Six Criteria Pollutants NAAQS (Health Based) NSPS (Technology Based) NSR/PSD (Technology Based) Hazardous Air Pollutants ( HAPs ) National Emission Standards For Hazardous Air Pollutants (NESHAPs) Only Eight Pollutants Regulated until 1990 CAA In 1990 Congress Listed of 188 Hazardous Air Pollutants and told EPA to issue standards over 10 years Hazardous Air Pollutants Some Examples Benzene (gasoline) Chlorine Ethylene glycol Formaldehyde Methanol Mercury Perchloroethylene (dry cleaning)

12 Hazardous Air Pollutants What Kind of Emission Standards? Health Based? Technology-Based? Federal Approach A Technology- Based Federal Standards Maximum Achievable Control Technology MACT Health Based Safety Net MACT Technology-based standard which considers cost as well as environmental impacts Applies to new and existing sources Emission reductions achieved through process change material substitution add-on controls work practices MACT Floor Setting MACT New Sources No less stringent that the best controlled similar source Existing Sources No less stringent than the average of best 12% of existing sources MACT Process EPA List Source Categories of 188 HAPs Develops MACT by Categories In Four phases 1992, 1994, 1997, 2000 If EPA fails States establish case by case MACT Risk Based Program Within 8 years of promulgation of MACT EPA must assess post-mact residual risk from source categories Set additional health-based standards if needed

13 Operating Permits Operating Permits Commonly called Title V Permits Permit to operate stationary source of air pollutants Issued by states with review by EPA New with the 1990 CAA Title V Permits - CAA Bible Enforcement of CAA Special Provisions NAAQS SIP NSPS NSR or PSD HAP Enforcement of CAA Special Provisions Open Burning Citizen Bounty $10,000 award to any person who furnishes information leading to criminal, civil or administrative penalty against violator of CAA Citizen Suit any person may sue to enforce the provisions of the CAA ( private attorney generals)

14 Opening Burning Homeowners If it Doesn't Grow, Don't Burn it Only leaves, branches and other plant growth can be burned -- nothing else If local pickup is available, you can't burn even leaves and branches Can burn yard trimmings -- excluding logs and stumps over 6 inches in diameter If it's allowed under local ordinances No public pickup is available It doesn't cause a public nuisance