243 9 Air Quality Laws and Regulations Whereas the Columns and Clowds of Smoake, which are belched forth from the sooty Throates of those Works, are so thick and plentiful. … I propose therefore, that by an Act of this present Parliament, this infernal Nuisance be reformed; enjoyning, that all those Works be removed five or six miles distant from London below the River of Thames. Fumifugium , Part II (1661) Historically, a general law approach to air quality concerns has been taken. Outright prohibitions against certain activities generating air contaminants have been adopted for centuries, beginning as early as the 13th century (see Chapter 1). These prohi- bitions were for those actions that harmed, or that potentially harmed, the health or safety of the citizenry. At present, many international efforts are being attempted to control criteria emissions, as well as hazardous air pollutants, utilizing treaties among nations. GENERAL LAW APPROACHES The legal framework for air quality management in the United States consists of dual federal and state statutes ; case law , including common law; and regulations . These laws and regulations are at the heart of our air quality management strategies, even as health and environmental effects are the justification for those laws and regulations. P UBLIC N UISANCE One approach has been to allow for lawsuits as a result of public nuisance complaints. In general, public nuisance complaints, originally based on the principle of “dis- comfort to the sovereign,” have been among the oldest legal approaches used to abate air pollution emissions. Today, these complaints are still used when odors or emissions occur that may affect more than one person. Nuisance is defined in the common law as anything injurious, indecent, or offensive to the senses and that obstructs or otherwise interferes with the free use or enjoyment of life or property. The legal concept of a public nuisance, as developed in the common law, refers to a nuisance that affects the entire community, or any considerable number of persons, at the same time, even though the extent of the annoyance or damage 7099_book.fm Page 243 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC 244 Principles of Air Quality Management, Second Edition inflicted may not be equal. Because a public nuisance is one that affects the com- munity at large, the attorney general of the state or other authorized government legal representative must bring the action on behalf of the community. In certain states, a private individual who has been specially injured by a public nuisance may bring an action for recovery of damages or for the abatement of the nuisance. Therefore, these provisions have been used in some jurisdictions as a legal approach to combating excess cancer risks from noncriteria pollutants, with actions brought by both private individuals and government entities. P RIVATE N UISANCE The private nuisance complaint, brought by a private individual who has been specially injured, stands in contrast to the public nuisance complaint. A private nuisance lawsuit is brought against the person causing it by a property owner and covers anything that is indecent or offensive that interferes with the free usage of property. There is no requirement of particular or special injury, as in public nuisance complaints, but merely a showing that the defendant’s actions are causing the interference with the free enjoyment of the owner’s property. Thus, a real property owner may bring an action for nuisance against the owners of a neighboring industrial facility, factory, or any other business that emits fumes or smoke. The fumes, smoke, or particulate matter that waft onto the plaintiff’s property interferes with their use and enjoyment of the property. In public and private nuisance complaints, the available remedies for these types of airborne nuisances would typically include injunctive relief. R ECENT A PPROACHES Other approaches that are used to lower air emissions, and thus enhance the general air quality, include taxation, land-use controls, source-specific emission standards, and standards based on health risk. Taxes do not abate or reduce emissions in and of themselves. Instead, they form an indirect (economic) approach in which, if the tax is too high, source owners will voluntarily reduce emissions to avoid paying them. The control of land use , or zoning, is typically administered at the local county or municipal level and attempts to separate sources of air contaminants from recep- tors (people) by a distance sufficient for natural air dispersion and dilution to lower contaminant concentrations to levels that will not generate a public nuisance. This was the solution advocated in Fumifugium in 1661. Fumifugium also suggests controlling growth, and thereby limiting emissions creation. The backbone of current air quality management strategies has been the so- called command and control approach. In this approach, specific mass emission rate limitations are placed on sources. Receptors experience lowered concentrations of contaminants and, therefore, better air quality. Indirect source controls attempt to change societal patterns or personal behavior (driving gasoline automobiles with only one occupant) that indirectly contribute to air emissions. This change is generally accomplished by requiring employers to institute 7099_book.fm Page 244 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC Air Quality Laws and Regulations 245 incentives for employees to use alternate transportation, to use ride-sharing, to shift work hours, to telecommute, or to stagger work days. These incentives are assumed to work by limiting the vehicle miles traveled in an area and thus to reduce mobile source emissions. The most recent approach to individual source controls has been to evaluate health risks and to set, by regulation, acceptable levels of health risk for the receptors. Area or point sources are required to implement whatever controls or limitations on emissions are necessary to avoid exceeding established excess health risks. These health risk–based approaches are primarily directed toward the noncriteria hazardous air pollutants. T HE P ROCESS OF R EGULATION Within the U.S. federal system of laws and regulations, with respect to air quality, there are specific procedures that must be followed. The initial step, of course, is the establishment of the laws governing air quality. In this system, elected officials adopt legislation, and, on signature by the chief executive, the law takes effect. The laws set direction and goals and identify those branches of government responsible for implementation. The agencies involved are mandated to formulate specific regulations that implement the goals, outlines, and intent of the law. The process of implementing regulations is one in which the public has an opportunity to review, comment on, and influence such regulations. In general, regulations identify the specific mandates of law and the particular problems and sources of those problems, such as air pollution. The problem could be nonattainment of a health-based air quality standard. R OLE OF THE P UBLIC IN R ULE M AKING Draft regulations proposed by U.S. government agencies are published in the Federal Register. This is the federal government’s daily newspaper of all actions and activities of a regulatory nature, along with relevant background information, sources, and so on. Draft regulations set time frames and dates for public hearings and provide written comment on such regulations. Within the federal government, this is a process in which the proposed regula- tions undergo public review in three stages. These are the prerule , proposed rule , and final rule stages. At each stage, the proposed regulation outlines its significance and legal authority, mandated deadlines, abstracts of the regulations, entities affected, and responsible agency. At each stage, the public is invited to comment on the draft or redrafted regulations. Once a final rule has been published, a deadline for a final public hearing is set, at which time the last public comments are received. Following the close of public comment, the agency promulgates the new regulation in the Federal Register. At that point, the regulation is final and takes effect. The most recent emerging concept in rule making is that of the stakeholder . In this vision, all potentially affected members of society are invited to participate at the earliest possible time in any proposed regulation. This concept is further advanced 7099_book.fm Page 245 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC 246 Principles of Air Quality Management, Second Edition through the stated goals of the U.S. Environmental Protection Agency (EPA) regard- ing the implementation of environmental justice in its decision-making process. E NVIRONMENTAL J USTICE According to the EPA, the emerging concept of environmental justice refers to the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. The EPA states that it has this goal for all communities and persons across the United States. The goal will be achieved, according to the EPA, when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision- making process needed to have a healthy environment. L EVELS OF A UTHORITY Historically, the levels at which air quality regulatory authority existed has varied. In some municipalities, attempts at air pollution control under local health departments were in effect before World War II. The immediate post–World War II era saw a rapid increase in the number of regional and statewide air pollution authorities, with varying degrees of responsibility. With the establishment of the EPA in 1970 and the passage of the first comprehensive federal Clean Air Act, and its successive amendments, the focus of air quality control authorities has been increasingly federalized. The EPA has nationwide authority in all areas of air quality management. In addition to setting air quality standards and maximum levels of emissions, the federal government has been extensively involved in monitoring, research, and funding local programs. Historically, states have possessed the widest possible latitude in regulating their own environment. However, constitutional interpretation requires states to defer to the federal government when Congress makes a clear decision to preempt state laws and set up a nationwide regulatory system. Therefore, under federal environmental laws, states have been given specific authority to implement their own air quality management programs. Enabling legislation at the state level is required to set up a statewide program. To enforce federal laws, state legislation must be adopted and approved by the EPA to give federal enforcement authority to the state. Otherwise, the federal government is the enforcing authority. F EDERAL P REEMPTION With respect to specific provisions, states must be at least as stringent, or in cases of a waiver may be more stringent, in their regulations than the equivalent federal regulations and laws. Because Congress has specifically provided for a nationwide scheme of regulating air quality, the federal preemption doctrine of the U.S. Consti- tution mandates that any inconsistent state laws or regulations must be struck down. However, states may also adopt their own ambient air quality standards and provide for their own implementation plans. They possess independent legal authority 7099_book.fm Page 246 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC Air Quality Laws and Regulations 247 to manage air quality within their jurisdiction. For example, California has its own Clean Air Act in the state’s Health and Safety Code. In certain jurisdictions, there is no permitting authority at the state level. This may be delegated to local authorities. In addition to the State Implementation Plan (SIP), local authorities in areas not in attainment of air quality standards are required to establish air quality management plans , which detail those activities and regulations that will demonstrate reasonable further progress toward attaining the ambient air quality goals. Reasonable further progress regulations are a part of the state implementation plan and are legally enforceable as a part of the SIP at the federal level once they have been approved by the EPA. In some areas, the regional or local air pollution control or management author- ities were the first government agencies regulating air pollution in their areas. As a consequence, many of these departments have a long history of air monitoring, regulations, emission standards, local enforcement, and permitting. In general, the regional or local air pollution authorities carry the burden of day-to-day activities with respect to implementation of air quality legislative mandates and regulatory requirements of both federal and state agencies. Municipalities may also implement their own ordinances governing emissions of air contaminants within their jurisdiction, provided they are not preempted by or in conflict with other levels of government. For example, before the 1990 Clean Air Act Amendments, some cities adopted local ordinances that banned emissions, or even the use, of chlorofluorocarbons (CFCs). Frequently, the local governments that have demonstrated the most environmental involvement are located in air pollution– affected areas. However, the fact remains that every level of government may be involved in air quality management to a greater or lesser degree. FEDERAL LAWS AFFECTING AIR QUALITY MANAGEMENT There are a number of laws that affect our approaches to air quality management. They include those that are media specific (water, solid waste) or that have an air quality component (toxic substances, nuclear materials). The former deal with some other aspects of environmental contamination that may have an effect on some aspect of air quality. The Clean Air Act and its predecessors are the most direct federal laws affecting air quality management. P RE -1990 A IR Q UALITY A CTS AND E FFECTS Before the formation of the EPA in 1970, a number of federal laws dealt with air quality. These laws primarily dealt with the criteria pollutants but did make attempts to address noncriteria air contaminant issues. A number of these major concepts were modified and incorporated into the most recent amendments to the Clean Air Act. The primary national ambient air quality standards (NAAQS) for the six criteria pollutants are the driving force for federal regulatory action because of their known health effects. The NAAQSs are periodically reviewed and subject to change as more information becomes available. 7099_book.fm Page 247 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC 248 Principles of Air Quality Management, Second Edition Implementation Plans The concept of a SIP with federal oversight is the basic approach to air quality management. SIPs are ongoing documents that provide a regulatory framework for each state to demonstrate to the federal government that they are on a path to attaining and maintaining the national ambient air quality standards. Plans for the states that are not in attainment with those standards form a significant portion of each SIP. Federal law does provide for the preparation of a federal implementation plan by the EPA if state implementation plans are not approved or are deficient. Clean Air Act §176(c)(1) requires that federal actions conform to applicable state implementation plans for achieving and maintaining the NAAQS for the criteria air pollutants. To ensure conformity among the states, the EPA maintains the require- ment that all federal actions not have the effect of contributing to new violations of air quality standards, increase the frequency or severity of existing violations, or delay timely attainment of standards in the area of concern. Monitoring and Limiting Emissions Monitoring ambient air quality and limiting emissions of criteria pollutants within each air quality region are key requirements under all federal air quality legislation passed since 1970. In general, these requirements are delegated to the respective states, as local agencies have a better understanding of the sources of contaminants and are responsible for providing monitoring, inspection, and enforcement of air pollution laws. The federal government has in effect new source performance standards (NSPS) for new sources of criteria pollutants in specified industries. These new sources are required to meet national emission standards. The focus of the NSPS requirements is criteria pollutant emissions from the largest stationary source categories in the country. These include fossil fuel–fired electric utility generating plants, Portland cement plants, nitric and sulfuric acid plants, petroleum refineries, asphalt concrete plants, secondary metal smelters, iron and steel plants, fertilizer plants, and so on. One of the dominant areas of federal authority in terms of performance standards is the setting of “tailpipe” emission standards for motor vehicle emissions, as well as overseeing fuels and additives for those sources. This is in recognition of the fact that mobile sources emit the criteria pollutants NO x , carbon monoxide, and ozone precursor hydrocarbons. Prevention of Significant Deterioration Federal regulations also require that the air quality does not deteriorate further in those areas in which the air is already cleaner than the NAAQS. Under the prevention of significant deterioration (PSD) regulations, all the nation’s air quality control regions with a NAAQS were divided into three classes of ambient air quality. Class I areas receive the highest degree of protection, with only a small amount of certain kinds of additional air pollution allowed. In class I areas — primarily national parks and wilderness areas — few effects are allowed, and some types of nearby industrial development are severely restricted. 7099_book.fm Page 248 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC Air Quality Laws and Regulations 249 Mandatory federal class I sites are areas that may not be reclassified to class II or class III. These include international parks (such as Waterton Glacier International Peace Park and Roosevelt-Campobello International Park), national wilderness areas, and national memorial parks larger than 5,000 acres or national parks larger than 6,000 acres that were in existence (or authorized) on August 7, 1977. The 1990 amendments to the Clean Air Act specified that acreage added to these areas after 1977 must also receive class I designation. Therefore, in class I areas, only very small incremental increases of air contaminant concentrations are permitted. Class II areas are those in which the air pollution is in excess of national standards and in which different levels of incremental addition to existing air con- taminant levels are allowed. In class II areas, limited amounts of new emissions are allowed, and in class III areas, greater amounts of new emissions are permitted. No class III areas have been designated to date. The PSD program initiated the concept of new source review . This concept is one in which limited degrees of incremental additional air pollutants are allowed in the air quality regions. Stationary sources are the focus. For a major source to be built, the new source in a PSD-regulated area was not allowed to increase the existing total emissions in that area. Thus, the concept of offsetting emissions was established. In this approach, other emissions are required to be reduced at a ratio equal to or greater than the anticipated new emissions before the construction of the new source of air contaminants. The allowable amounts were established using dispersion mod- eling as a planning tool. The concept of lowest achievable emission rate (LAER) was established for emission units in stationary sources. LAER is the degree of emissions control that is considered to be most stringent for a source in a nonattainment area and that applies to new or modified major sources. The definition of major source or major modification depends on the contaminant. LAER is based on the most stringent rate contained in any state implementation plan or the level of control achieved in practice by similar sources. For those sources, in areas attaining the ambient air quality standard another level of control technology is established. This is best available control technology (BACT). BACT is determined on a case-by-case basis for new sources in PSD areas and takes into account energy and economic, as well as environmental, effects. Although it is more flexible than LAER, BACT always has to be sufficient to meet new source performance standards. Emergency Episodes In addition to those regulations at the federal level dealing with ambient air quality, the federal government was given the authority to deal with air quality episodes similar to those seen in London, United Kingdom, following the winter of 1952. These include stringent limitations on operations, emissions, fuel use, and so on in the event of federal air quality emergency levels (Chapter 3) being exceeded. Area- wide shut-downs of industrial and commercial operations are also allowed under federal emergencies. 7099_book.fm Page 249 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC 250 Principles of Air Quality Management, Second Edition Hazardous Air Pollutants In addition to concerns for criteria pollutants, the federal government established national emission standards for hazardous air pollutants (NESHAPs). The NESHAP regulations established nationwide standards for existing, modified, or new sources that emit listed hazardous air pollutants (HAPs). These air contaminant emissions were limited to certain specific industries that emitted those NESHAPs. The NESHAP concept was expanded on in the Clean Air Act Amendments (CAAA). Global Concerns The EPA was given the authority to regulate stratospheric ozone-depleting chemicals in earlier versions of the Clean Air Act. This was the first attempt at dealing with emissions of a global nature. The focus was protection of the stratospheric ozone layer, based on early research indicating a link between potential ozone destruction and the emissions of certain CFCs. The power to regulate these emissions was significantly expanded on in the latest Clean Air Act Amendments. Federal Environmental Statutes The federal government has the authority to regulate air emissions under a variety of different federal laws in addition to the CAA. These include other laws dealing with operations or activities that may generate air emissions. These are typically fugitive emissions such as volatile organic compounds or hazardous air pollutants, as well as criteria contaminants such as particulates and NO x . Toxic Substances Control Act The Toxic Substances Control Act was the first statute (1976) to deal with air contaminant emissions of a hazardous nature, by its regulation of emissions of polychlorinated biphenyls (PCBs). Incinerators discharging air contaminants while burning PCB and PCB-containing waste materials were required to meet a strict level of control efficiency. The destruction and removal efficiency (DRE) for PCBs in the exhaust gases had to be equal to or greater than 99.9999%. This was based on the total PCB mass input to the incinerator. Resource Conservation and Recovery Act The Resource Conservation and Recovery Act (RCRA) deals with ongoing waste management facilities that have an air emissions component or that deal with waste fuels. The emissions from facilities handling waste materials may be fugitive as well as direct or combustion-oriented for their air component. RCRA established specific standards for incinerators disposing of hazardous waste by requiring, under the provisions of a trial burn (for the operating permit), that the DRE be equal to or greater than 99.99% for the principle organic hazardous compounds (POHC) identified in the waste materials. In addition, a limitation on the emissions of hydrochloric acid, particulates, and CO were established for the operating permits for those RCRA incinerators. 7099_book.fm Page 250 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC Air Quality Laws and Regulations 251 Whenever any “corrective action” is required at a RCRA facility, the owner or operator of that facility must deal with all air emissions occurring as a result of that corrective action. Such corrective action may include the decontamination of soil or groundwater during a clean-up activity at the ongoing waste facility. RCRA also provides for injunctive relief in court to force former owners and operators to remediate or take measures to reduce pollution. RCRA regulations also deal with air emissions from hazardous waste burned in boilers and industrial furnaces (BIFs). For these rules, the facility must obtain a permit under RCRA to burn such waste fuels. With respect to organic emissions, the boilers and industrial furnaces must meet the DRE standards of 99.99% for all listed waste materials and their fuels, and a 99.9999% DRE for those wastes that contain dioxin. These boilers and industrial furnaces are also subject to emission limits for certain heavy metals, HCl and chlorine gas, particulates (0.08 grains per standard dry cubic foot at 7% oxygen), and carbon monoxide. Although the majority of the focus is on the air quality side, these are regulations under RCRA. There is the potential for multiple federal laws to be applicable in certain situations, such as with regard to waste oils from refrigeration compressors in old household appliances. Because the compressor oil may contain CFCs or halogens, it may be subject to both RCRA and the Clean Air Act. Comprehensive Emergency Response, Compensation, and Liability Act Hazardous waste site clean-ups (where no current operator or owner exists) are regulated under the Comprehensive Emergency Response, Compensation, and Lia- bility Act (CERCLA), commonly known as Superfund . The Amendments of 1986, termed the Superfund Amendments and Reauthorization Act (SARA), further clar- ified the requirements for such clean-up activity. Under CERCLA/SARA, all existing federal regulations for either NSPS or NESHAPs must be met for any clean-up activity. In addition, concerns for fugitive emissions, monitoring of the air at the perimeter of the facility during clean-up activities, emissions testing of sources during remediation, and public input must be provided for during the implementation of site restoration. For a CERCLA/SARA clean-up action, federal authority preempts all local and state regulations for air quality management; however, remedial actions must take into account all local applicable, relevant, and appropriate regulations during clean- up activities. No permit is required for clean up of a federal “superfund” site, as the remediation is carried out under the authority of the federal government. The ratio- nale is that because of the immediate health risk of hazardous waste, specific regulations requiring long periods of time (such as permitting) are preempted by federal authority. Considerable CERCLA litigation has been generated among the many Superfund sites, for which many current and former owners and operators are being sued for reimbursement by the EPA and by others for contribution. CERCLA litigation includes insurance coverage actions, due diligence actions, and prior owner, lessee, and successors-in-interest liability lawsuits, all of which are intended to bring about the cleanup of contaminated sites. 7099_book.fm Page 251 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC 252 Principles of Air Quality Management, Second Edition THE CLEAN AIR ACT The Clean Air Act and its amendments introduced sweeping changes in the federal approach to air quality management. These amendments redirected the entire scope of federal regulations with respect to criteria pollutants, hazardous air pollutants, and global issues. There are 11 major titles to the CAAA. The significant provisions are seen in Table 9.1. These provisions deal with ambient air quality standards, changes in mobile source regulations, hazardous air pollutants, acid deposition, federal permits, stratospheric ozone protection, enforcement, and a number of miscellaneous provi- sions. In addition, the CAAA outlined a 20-year time frame for regulations to be adopted to implement the act’s specifics. These regulations are reviewed in the following sections. Key among these is the emphasis on attainment of ambient air quality standards and the protection of public health and welfare. For each of the relevant titles, a synopsis of the significant major provisions is provided below. These synopses follow the specific titles of the amendments and the major focus of each. TABLE 9.1 Significant Provisions of the Clean Air Act Title Provisions/Focus I Attainment and Maintenance of the NAAQS Classification and attainment dates SIP revision NO x requirements Multistate areas and sanctions II Mobile Source Provisions Vehicle emission standards Emissions control and compliance Fuel requirements Nonroad engines Reformulated and oxygenated gasoline Clean fuels III Hazardous Air Pollutants Pollutant lists and source categories Emission standards and compliance schedules State programs Shoreline deposition Special studies Prevention of accidental releases Risk assessment and management commission Solid waste combustion 7099_book.fm Page 252 Friday, July 14, 2006 3:13 PM © 2007 by Taylor & Francis Group, LLC [...]... oxygenated fuel requirement is a minimum of 3.1% by weight, as required under this provision Oxygenated Fuels — The Rise and Fall of Methyl-Tertiary-Butyl-Ether The 199 0 Clean Air Act required that those metropolitan areas with high CO concentrations use oxygenated fuels during the winter months Oil companies had known since at least the early 198 0s that methyl-tertiary-butyl-ether (MTBE) was the best available... and Provisions for accidental releases of hazardous air pollutants The definition of a major source of hazardous air pollutants is “a stationary source or group of stationary sources under common control which emit or have the potential to emit a total of 10 tons or more per year of any single hazardous air pollutants or 25 tons or more per year of any combination of HAPs.” For a single listed contaminant... through fugitive emissions Some of the substances listed by the EPA in Title III are seen in Table 9. 2 Substances may be deleted from or added to this list by the EPA on the basis of © 2007 by Taylor & Francis Group, LLC 7 099 _book.fm Page 264 Friday, July 14, 2006 3:13 PM 264 Principles of Air Quality Management, Second Edition TABLE 9. 2 Selected Title III Hazardous Air Pollutants Antimony Arsenic... operation, repair, replacement, and maintenance of the equipment used to monitor, detect, inspect, and control releases of © 2007 by Taylor & Francis Group, LLC 7 099 _book.fm Page 268 Friday, July 14, 2006 3:13 PM 268 Principles of Air Quality Management, Second Edition HAPs The regulations also included provisions for personnel training in proper equipment operation to prevent releases Under 29 CFR 191 0, the... Protocol, all dealing with various aspects of emission standards regarding the protection of the ozone layer [The four amendments to the Montreal Protocol are named according to the city where the amendments were signed, thus: London ( 199 0), Copenhagen ( 199 2), Montreal ( 199 7), and Beijing ( 199 9).] These amendments recognized the need for additional adjustment of standards in response to various political... standards © 2007 by Taylor & Francis Group, LLC 7 099 _book.fm Page 266 Friday, July 14, 2006 3:13 PM 266 Principles of Air Quality Management, Second Edition Area Sources: Urban Air Toxics Strategy The EPA has developed a specific strategy for air toxics in urban areas The three goals for their Air Toxics Strategy include attaining a 75% reduction in incidence of cancer attributable to exposure to HAPs emitted... remaining source of human-caused mercury emissions © 2007 by Taylor & Francis Group, LLC 7 099 _book.fm Page 267 Friday, July 14, 2006 3:13 PM Air Quality Laws and Regulations 267 The Clean Air Mercury Rule establishes “standards of performance” limiting mercury emissions from new and existing utilities and creates a market-based capand-trade program that will reduce nationwide utility emissions of mercury... LLC 7 099 _book.fm Page 278 Friday, July 14, 2006 3:13 PM 278 Principles of Air Quality Management, Second Edition lead to an inappropriate emphasis on one strategy, which might be virtually ineffective in actually lowering pollutant concentrations Thus, appropriate monitoring or test methods may be at the heart of choosing effective strategies to attain the ambient air quality standards Accuracy of the... TITLE III — HAZARDOUS AIR POLLUTANT PROGRAM A major expansion of the Clean Air Act Amendments was in dealing with HAPs Among the major provisions of Title III were • • • • The listing of 1 89 original hazardous air pollutants with source categories New levels of control technology (MACT) for HAPs Provisions for area sources calculations of residual health risks after implementation of controls, and Provisions... may be used BACT applies in those cases in which a modified facility has no offsets for its emission increases and when the total emission is less than 100 tons per year of © 2007 by Taylor & Francis Group, LLC 7 099 _book.fm Page 256 Friday, July 14, 2006 3:13 PM 256 Principles of Air Quality Management, Second Edition VOCs The VOC offset ratios under new source review will be 120% for those sources outside . boilers and industrial furnaces must meet the DRE standards of 99 .99 % for all listed waste materials and their fuels, and a 99 .99 99% DRE for those wastes that contain dioxin. These boilers and. 252 Principles of Air Quality Management, Second Edition THE CLEAN AIR ACT The Clean Air Act and its amendments introduced sweeping changes in the federal approach to air quality management. . Group, LLC 248 Principles of Air Quality Management, Second Edition Implementation Plans The concept of a SIP with federal oversight is the basic approach to air quality management. SIPs