ARE309 Fall 2005 Class 10 (October 19) Clean Air Act Part 3 Reading Assignments: Reading Assignment #9a Breathe Don t Burn! Reading Assignment #9b Controlling Odors from Animal Operations Reading Assignment #9c Smokestacks on Wheels Reading Assignment #9d Asphalt Plants: Frequently Asked Questions Tonight Reading Assignment Quiz #9 (Hand In) CAA Questions From Last Week The Law Behind The News Lecture: CAA - Part 3 Lecture Exam #2 (7:45 8:50) The Clean Air Act (CAA) Do You Get It? In Class Exercise In The News This Week In The News This Week Lottery Company Had Role In New Law The News and Observer, Oct. 14, 2005 ARE 309 Student Given Faulty Information E-mail From Scott King, Oct. 12, 2005
How Can These Stories Possibly Be Related To Environmental Law Story 1 Middleton had special access to the speaker's office, according to hundreds of pages of e-mail messages, memorandums and other documents released by Black's office Thursday at the request of The News & Observer. Story 2 The Law Behind The News I called the EMC office today to confirm their meeting time/place and I was told that today's meeting are closed committee meetings and that tomorrow morning at 9AM is when the public hearings are scheduled. Is this correct or did I reach one of those gov't workers who has no idea what's going on and just makes things up? Full Disclosure of the People s Business CAA Part 3 More Than Ozone North Carolina Public Records Law NCGS Section 132-1 - 132-5.1 North Carolina Open Meetings Law NCGS Section 143-318.9 seq
More Than Six Criteria Pollutants 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) 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 Confused About What Standards May Apply? Within 8 years of promulgation of MACT EPA must assess post-mact residual risk from source categories Set additional health-based standards if needed 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 The Clean Air Act (CAA) Up Close and Personal 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) Open Burning in North Carolina Trash Odors Cars Asphalt
Open Burning Rule One of NC s oldest air quality rules First adopted in 1971 Regulates outdoor burning Set conditions for allowable fires Violators can be fined up to $10,000 per violation or more in serious cases Why Limit Open Burning? Smoke from open burning pollutes the air and is unhealthy to breathe Potential health effects include Lung and Eye irritation Headaches, Dizziness Asthma attacks Coughing and wheezing and Even death in some cases What Does The Law Say? If It Doesn t Grow, Don t Burn It Only leaves, branches and other plant growth can be burned nothing else only if public pick-up is not available It is always illegal to burn trash and other non-vegetative material Burning Trash or Garbage Burning Demolition Material
Burning Construction Material Burning Yard Waste Burning Yard Waste Burning Yard Waste Must originate on PRIVATE residence and be burned on that site Allowed only if no public pickup available Leaves, branches, grass clippings, and other plant waste Must occur between 8 a.m. and 6 p.m. Air quality forecast - Code green or yellow Smoke cannot create a nuisance Does not allow stumps and logs over 6 inches in diameter Burning Land Cleaning Debris Burning Land Clearing Debris Only vegetative material such as logs, stumps and large limbs May use kerosene or diesel fuel to start Must occur between 8 a.m. and 6 p.m. 250 feet from public road (Wind Direction National Weather Service Forecast) 1,000 feet from occupied structure (not on site) Air Quality Forecast - Code Green or Yellow Vegetative Debris must originate on site where burning taking place
Other Burning Other Allowable Burning Campfires Outdoor cooking Bonfires for festive occasions Managing forests or wildlife habitats Controlling agricultural pests and diseases Disposing VEGETATIVE storm debris from hurricanes and other natural disasters (Requires DAQ prior approval) NC Division of Forest Resources Local Government Local agencies and fire officials may have other ordinances Responsible for protecting state and privately owned forest land from forest fires Forest fire prevention Controlling wildfires DFR issues open burning permits Local ordinances must be no less stringent than the state regulation Following one agency s regulation does not guarantee compliance with other agencies Contact your local agencies prior to any open burning DAQ does not issue open burning permits Cars - Smokestacks on Wheels Why Do We Care? In North Carolina urban areas Cars can be as much as 70% Of Ozone pollution
Solution? Auto Inspection & Maintenance (I/M) Program Where? Animals - Smokestacks on Hoofs Odors From Animal Operations Not A Problem A Problem
Avoiding The Problem The Response 1997 General Assembly HB 515 Provides: If economically feasible control technology is available, the Environmental Management Commission shall adopt a temporary rule to regulate the emissions of odor from animal operations.. What s An Objectionable Odor? How Are Odors Measured? Odor panel Scentometer Electronic Nose Complaints Inspector s Judgment Tracer Compounds How Do the Rules Control Odors? Follow Minimum Best Management Practices (BMP) Submit Best Management Plan Modified BMP Install Control Technology NC Right To Farm Act NCGS Section 106-700 & 106-701 No agricultural operation Can be a nuisance By any changed condition in or about the locality After 1 year of operation it it was not a nuisance when it started
Movable Smokestacks Asphalt Plants Not A Problem A Problem Asphalt Plants Mobile moved to different locations based on needs for new highways and other construction projects Lots of Them North Carolina has the second-largest statemaintained highway system in the United States, and it takes a lot of asphalt to pave those roads Air Permit required each time the plant is moved to a new location The NIMBY Reaction The Fight Location, Location, Location Division of Air Quality Issues a permit if facility will comply with air standards Local Government Local governments are responsible for regulating land use matters, and they have the final authority over the construction of new facilities through the issuance of building permits