USGS Guide to Federal Environmental Laws and Regulations
AIR QUALITY
Table of Contents
Purpose
Amended from the Air Quality Act of 1967, in 1970, 1977, and 1990, the Clean Air Act (CAA)
was originally enacted to protect the quality of the Nation's air
resources and the public health and welfare. The second purpose of the
CAA is to initiate a research and development program to achieve the
prevention and control of air pollution. Third, the act provides means
for technical and financial assistance for State and local governments
so that they may carry out air pollution prevention and control
programs. The final goal of the CAA is to encourage the development of
regional air pollution prevention and control programs.
Major Provisions by Section
Title I--Programs and Activities
- §
107 (42 U.S.C. 7407), Air Quality Control Regions
- This section directs that the nation be divided into air sheds
known as air quality control regions to provide for the attainment and
maintenance of National Ambient Air Quality Standards (NAAQS).
§ 108 (42 U.S.C. 7408), Air Quality Criteria and Control
Techniques - The Administrator of the EPA is required to publish a list of air
pollutants "which may reasonably be anticipated to endanger public
health or welfare".
§ 109 (42 U.S.C. 7409), National Primary and Secondary Ambient
Air Quality Standards - National Ambient Air Quality Standards (NAAQS) are mandated for
criteria air pollutants. Primary standards are set with a "margin
of safety" to protect human health, while secondary standards
promote public welfare.
§ 110 (42 U.S.C. 7410), State Implementation Plans for
National Primary and Secondary Ambient Air Quality Standards - Each State is required to submit a State Implementation Plan
(SIP) to the EPA that best achieves compliance with NAAQS in each
State. If a State fails to develop an adequate SIP, the EPA will
develop a SIP for that State.
§ 111 (42 U.S.C. 7411), Standards of Performance for New
Stationary Sources - This section requires that all new or modified stationary sources
listed in various industrial categories conform to New Source
Performance Standards (NSPS). NSPS are technology-based standards that
employ Lowest Achievable Emissions Rates (LAER) which use the most
advanced pollution reduction techniques available.
§ 112 (42 U.S.C. 7412), Hazardous Air Pollutants - This establishes National Emissions Standards for Hazardous Air
Pollutants (NESHAPs) for stationary sources of air pollution that emit
certain toxic air pollutants in designated industrial categories. Part
(b) gives a list of the 189 pollutants originally listed in the CAA.
This list consists of substances that are known to cause or may
reasonably be anticipated to cause adverse effects to human health or
the environment.
§§ 160-169 (42 U.S.C. 7470-7492), Prevention of
Significant Deterioration - The CAA presents the Prevention of Significant Deterioration
(PSD) program to protect the quality of those areas of the country that
currently meet or exceed the NAAQS. All areas in attainment for one or
more of the criteria pollutants are designated Class I, II, or III,
with Class I area being allowed the smallest incremental pollution
increases above baseline
concentrations and Class III the largest. Section 169A
gives special visibility protection provisions for Federal Class I
areas which require major stationary sources to use "best available retrofit
technology" (BART) to reduce visibility impairment.
§§ 171-179 (42 U.S.C. 7501-7509), Nonattainment Areas- General information is given for areas that fail to meet the
NAAQS. Following these sections are additional provisions for each of
the six criteria pollutants. Each nonattainment area is designated
based on the severity of the nonattainment. Section 173 establishes
what is known as an offset policy for major new sources. Air quality
control regions may be denied Federal assistance if nonattainment
persists.
Title II--Emission Standards for Moving Sources
- §§
202-216 (42 U.S.C. 7521-7554), Motor Vehicle Emissions and Fuel
Standards
- These sections require that the EPA set nationally uniform
emissions standards for motor vehicles that manufacturers must meet by
strict deadlines.
Title III--General Provisions
- §
304 (42 U.S.C. 7604), Citizen Suits
- Citizen suits are allowed against violators of emissions
standards and against the EPA for failure to perform nondiscretionary
duties.
§ 307 (42 U.S.C. 7607), Administrative Proceedings and
Judicial Review - The U.S. Court of Appeals for the District of Columbia is given
sole authorization for judicial review of nationally applicable EPA
actions.
Title IV--Acid Deposition Control
- §§
401-416 (42 U.S.C. 7651-7651o)
- Sulfur dioxide (SO2 ) and nitrogen oxides (NOx
) are targeted in attempts to reduce the adverse effects of acid
deposition. The 1990 CAA Amendments gave the goal of reducing SO2
emissions by 10 million ton/year and NOx emissions by 2
million ton/year from 1980 levels. In doing so, Title IV sets up an
emissions trading system of marketable allowances.
Title V--Permits
- §§
501-507 (42 U.S.C. 7661-7661f)
- The various permits required for all major industrial sources
with State administration and Federal oversight are presented.
Title VI--Stratospheric Ozone Protection
- §§
601-618 (42 U.S.C. 7671-7671q)
- A national program is established for controlling substances that
contribute to the depletion of stratospheric ozone. Closely following
the Montreal Protocol and a focus of the 1990
CAA Amendments, Title IV aims to ban the production of all
Class I substances by the year 2000, and all Class II substances by
2030.
Pertinent Regulations
- 40
CFR Part 50, National Primary and Secondary Ambient Air Quality
Standards, EPA
This particular regulation is perhaps the keystone to all
regulations falling under the CAA. It gives the National Ambient Air
Quality Standards, commonly known as NAAQS, as mandated in § 109
of the CAA. Both primary and secondary standards are described and
given for the six regulated pollutants. These pollutants are: sulfur
dioxide (SO2 ), particulate matter (PM10 ),
carbon monoxide (CO), ozone (O3 ), nitrogen dioxide (NOx
), and lead (Pb). Primary
Ambient Air Quality Standards define levels of air quality
necessary to protect public health. Secondary
Ambient Air Quality Standards are intended to protect the
public welfare from any known or adverse effects of a pollutant.
Appendices give the methods for determining the air levels of each
NAAQS.
- 40
CFR Part 51, Requirements for Preparation, Adoption, and Submittal
of Implementation Plans, EPA
This section gives the information necessary for the
preparation, adoption, and submittal of State Implementation Plans
(SIPs). Procedural requirements are first given in Subpart F. Control
strategies are given in Subpart G, which include attainment and
maintenance of national standards. Subpart I discusses review of new
sources and modifications in their context to New Source Performance Standards
(NSPS) in the CAA. Section P covers protection of
visibility. This subpart requires States to develop programs to assure
reasonable progress in meeting the goal of "preventing any future, and
remedying any existing, impairment of visibility in Class I Federal
areas which impairment results from man-made pollution." Subpart P also
establishes procedures for new source permit review to use in
conducting visibility impact analyses.
- 40
CFR Part 52, Approval and Promulgation of Implementation Plans, EPA
This part is so important that it takes up an entire CFR volume.
Here, SIPs are given for each State with an approved plan. Subpart A
lists general provisions for the SIPs. Criteria are given for the
approval of such SIP requirements as Prevention of Significant
Deterioration (PSD), New Source Performance Standards (NSPS),
nonattainment areas, visibility protection, and NAAQS attainment dates.
- 40
CFR Part 60, Standards of Performance for New Stationary Sources,
EPA
This regulation again occupies a whole book of the CFR. It
establishes emission levels for major new sources (NSPS) or modification of
existing sources and requires permits for construction and operation.
Most of the sections give the standards of performance for each of the
major source categories. Before this is done however, general
provisions are given, followed by guidelines, for the adoption and
submittal of State plans for major source facilities.
- 40
CFR Part 61, National Emission Standards for Hazardous Air
Pollutants, EPA
This part identifies the national emissions standards for the
hazardous air pollutants (NESHAPs) designated before the 1990
CAA Amendments. Section 61.01 lists hazardous
air pollutants (HAPs) covered by this part, while later
sections give the specifics for each HAP source category. The standards
relate primarily to activities such as metal coating (asbestos), rocket
motor firing (Be), and battery manufacture and sludge processing (Hg).
However, when these categories apply to Federal actions, the
processing, beneficiation, or extraction should be considered.
- 40
CFR Part 63, National Emissions Standards for Hazardous Air
Pollutants for Source Categories, EPA
This part implements § 112 of the CAA, as amended in 1990,
by establishing the National Emissions Standards for Hazardous Air
Pollutants (NESHAPs). In many ways, this part expands on 40 CFR Part
61, for it presents the NESHAPs for a whole new set of source
categories. Requirements to meet Maximum
Achievable Control Technology (MACT) are also found here.
MACT leaves very little room for economic consideration and must employ
the most stringent control measures available.
- 40
CFR Part 81, Designation of Areas for Air Quality Planning
Purposes, EPA
Provides lists of the designated air quality control regions
(§ 81.12-.275), their status of attainment by criteria pollutant
(§ 81.301-.356), and Class I Federal areas where visibility is an
important value (§ 81.401-.437).
- 40
CFR Part 82, Protection of Stratospheric Ozone, EPA
Both the CAA Amendments of 1990, and the Montreal Protocol
dictated that this regulation be written. The goal is to impose limits
on the production of certain ozone depleting substances. Most
significant is a schedule for a freeze on the production and
consumption of chlorofluorocarbons (CFCs) and halons. The labeling of
products using ozone-depleting substances, recycling and emissions
reductions, and significant new policy alternative programs are
discussed in Subparts E, F, and G, respectively.
- 40
CFR Part 93, Determining Conformity of Federal Actions to State or
Federal Implementation Plans, EPA; Subpart B, EPA
Sections 93.150 through 93.160 apply to Federal Government
entities. Section 93.150 prohibits Federal agencies from, in any way,
supporting any activity that does not conform to an approved
implementation plan. It also states that agencies must make a
determination that their actions do conform to the applicable
implementation plan before the actions are taken. Conformity levels are
given for each primary pollutant in § 93.153(b). Federal actions
in nonattainment or maintenance areas must follow these levels.
Criteria and procedures for conformity to general Federal actions are
given in §§ 158 & 159.
- 40
CFR 124, Procedures for Decisionmaking, EPA
The scope of this part extends to the Resource Conservation and
Recovery Act, the Safe Drinking Water Act, the Clean Water Act, and the
Clean Air Act. Of particular interest, is that it contains definitions
and general and specific procedures for EPA issuance of PSD permits
(Subpart C), and procedures for administrative appeals of EPA permit
decisions.
- Attainment
- The status of any area that meets the national primary or
secondary ambient air quality standards for the pollutant. (CAA, §
107(d)(1)(A)(ii)).
Baseline Concentration- The ambient concentration levels which exist at the time of the
first application for a permit. . ., based on air quality data
available in the EPA or a State air pollution control agency and on
such monitoring data as the permit applicant is required to submit.
(CAA, § 169(4)).
Best Available Control Technology (BACT)- An emission limitation based on the maximum degree of reduction.
. .which the permitting authority. . .taking into account energy,
environmental, and economic impacts, as well as other costs, determines
what is achievable. (CAA, § 169(3)).
Best Available Retrofit Technology (BART)- An emission limitation that takes into consideration the costs of
compliance, the energy and nonair quality environmental impacts of
compliance, any existing pollution control technology in use at the
source, the remaining useful life of the source, and the degree of
improvement in visibility which may reasonably be anticipated to result
from the use of such technology. (CAA, § 169A(g)(2)).
Criteria Pollutant- Any of the six pollutants for which national ambient air quality
standards exist; they are: lead, ozone, particulate matter, sulfur
dioxide, nitrogen oxides, and asbestos.
Hazardous Air Pollutant- Any air pollutant listed under §112(b)(1) of the CAA.
Lowest Achievable Emission Rate (LAER)- The rate of emissions which reflects the most stringent emission
limitation that is achieved in practice by such class or category of
source, whichever is more stringent. (CAA, § 171(3)(B)).
Major Source- Any stationary source or group of stationary sources. . .that
emits, or has the potential to emit,
10 tons per year, or more, of any hazardous air pollutant or 25 tons
per year, or more, of any combination of hazardous air pollutants.
(CAA, § 112(a)(1)).
Maximum Achievable Control Technology (MACT)- For existing sources, the technology that employs standards at
least as stringent as the best performing 12% in the industrial
category; for new sources, the technology that is no less stringent
than the best performing source in that industry. (CAA, §
112(d)(3)).
Modification- Any physical change in, or change in the method of operation of,
a major source which increases the actual emissions of any hazardous
air pollutant. . .by more than a de minimus amount.
(CAA, § 112(a)(5)).
New Source Performance Standards (NSPS)- Standards issued for categories of sources which cause, or
contribute significantly to, air pollution which may be reasonably
anticipated to endanger public health or welfare. (CAA, § 111).
Nonattainment- The status of any area that does not meet the national primary
and secondary ambient air quality standards for the pollutant. (CAA,
§ 107(d)(1)(A)(I)).
Offsets- Occur when a new source obtains pollution reductions in a
nonattainment area that will more than compensate for the pollution
contribution made by that new source.
Prevention of Significant Deterioration (PSD)- Regulatory program to protect the quality of the areas of the
country that currently meet or exceed the national ambient air quality
standards.
Primary Ambient Air Quality Standards- National ambient air quality standards set with a margin of
safety to protect human health.
Secondary Ambient Air Quality Standards- National ambient air quality standards set to promote public
welfare.
Visibility Impairment- Reduction in visual range and atmospheric discoloration. (CAA,
§ 169A(g)(6)).
There are several new source performance standards (NSPS) that may have
to be considered as a result of activities related to mineral or oil
and gas extraction. The NSPS relate primarily to processing or
beneficiation, and need only be considered if this is a part of the
proposed Federal action. These include various subparts of 40 CFR Part
60, such as: fossil-fuel steam generators; petroleum refineries;
petroleum liquid storage; primary and secondary lead smelters; primary
copper smelters; primary zinc smelters; phosphate industry; coal
preparation plants; sulfur recovery from petroleum operations;
phosphate rock preparation; coal preparation; and onshore processing of
natural gas and metallic minerals.
For mining activities, EPA has developed the Best Available Control
Strategy to minimize fugitive dust emissions. Fugitive dust resulting
from mine operations is not subject to requirements of the PSD
regulations. However, a review is required to determine the Best Available Control Technology
(BACT) where potential fugitive dust emissions are equal
to, or greater than, 250 tons per year. Each mine operator must employ
the Best Management Practices for fugitive dust, regardless of
predicted concentrations during operation.
These controls include, but are not limited to:
- Pavement or equivalent stabilization of all haul roads used, or
in place, for more than one year;
- Treatment with semipermanent dust suppressants of all haul roads
used, or in place, for less than one year or for more than two months;
- Watering of all other roads, in advance of and during use,
whenever sufficient unstabilized material is present to cause excessive
fugitive dust; and
- Reduction of fugitive dust at all coal dumps, and truck to
crusher locations, through the use of a negative pressure bag house or
equivalent methods. Inclusion of conveyor and transfer point covering
and spraying, and the use of coal loadout silos.
It should be noted, though, that PSD must be considered, provided
certain criteria are met. This could conceivably apply to related
activities other than minerals and fuels extraction, such as
beneficiation and processing.
The procedures for determination of potential air pollution impact from
USGS activities are extremely complicated and require close
coordination with the Environmental Affairs Office, Regional Offices of
the EPA; State air pollution control agencies; and the air quality
control regions. The determination of type of review for each emitted
pollutant from an activity is briefly summarized below:
- Determine if the "source" is major
for any criteria or non-criteria pollutant. If not, no PSD or
nonattainment review is necessary.
- Determine if the source is in an attainment
area. For noncriteria pollutants in attainment areas, PSD would
generally apply.
- For criteria pollutants
in attainment areas, a nonattainment
review would apply.
- Finally, for major sources located in nonattainment areas and for
emitted criteria pollutants, a nonattainment review would again apply.
Purpose
The Montreal
Protocol of 1987, as amended in 1990, 1992, is signed by
93 countries (as of November, 1992), with the goal of protecting the
ozone layer by taking "precautionary measures to control equitably
total global emissions of substances that deplete it, with the ultimate
objective of their elimination. . ., taking into account technical and
economic considerations, and bearing in mind the developmental needs of
developing countries."
Major Provisions by Section
Article 2--Control Measures
- Ozone depleting substances are divided into groups, encompassing;
chlorofluorocarbons (CFCs), halons, other fully halogenated CFCs, and
carbon tetrachloride (CCl4 ). Each group is given a deadline
for production to be reduced and, ultimately, ceased.
Article 4--Control of Trade with Non-parties
- Import and export of controlled
substances listed under the Protocol are banned to nations
not party to the Protocol.
Article 5--Special Situation of Developing Countries
- For each party to the Protocol whose annual calculated level of
consumption of controlled substances is less than 0.3 kg per capita,
there is an entitlement to delay its compliance with Protocol standards
for ten years. Such developing nations may be allowed limited
consumption and production of controlled substances during this time.
Article 7--Reporting of Data
- Each nation that signs the Protocol shall provide the Secretariat
of the United Nations Environment Programme (UNEP) with a report on its
production, imports, and exports of each of the controlled substances.
Definition
- Controlled Substance
- A substance listed in Annex A or in Annex B of the Protocol,
whether existing alone or in a mixture. (Montreal Protocol, Article
1(4)).
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