An Alternate Compliance Strategy for Title III of the 1990 Clean Air Act Amendments

ABSTRACT

An alternate compliance strategy (ACS) is developed which incorporates pollution prevention and flexibility to replace traditional end-of-pipe (EOP) control strategy regulation. The ACS takes into consideration the intent of the 1990 Clean Air Act Amendments (CAAA) to incorporate pollution prevention into regulations and provides a viable mechanism for implementation. This proposed new compliance strategy was developed after studying the CAAA regulations, related compliance issues, and pollution prevention literature. The ACS is defined by amending language in the Hazardous Organic National Emission Standards for Hazardous Air Pollutants (HON) regulation into a performance-based standard permitting regulated facilities to design compliance programs to meet all requirements.

A change in regulation is considered reasonable only if it forces the same emission reductions, reduces risk a comparable amount, and is acceptable to the public, the regulators, and the regulated industry. In order to demonstrate that the ACS can meet all these requirements, an example application is summarized from an ethylene oxide-ethylene glycol plant. The example demonstrates that the ACS reduces hazardous air pollution (HAP) emissions more than the HON rule requires. Three evaluation methods are developed and applied to further demonstrate the acceptability of the ACS. They include a qualitative evaluation matrix, a total cost assessment, and

a risk reduction measurement model. Results indicate that the ACS provided a preferable compliance program.

The ACS should be adopted as an alternative method of compliance. It provides a major step in the progression of regulations from the traditional EOP treatment philosophy to pollution prevention performance-based standards.     

Proactive Industrial Strategies for the Clean Air Act Amendments of 1990

The Clean Air Act (CAA) Amendments of 1990 was signed into law by President Bush on November 15, 1990. These amendments potentially will have a major impact on virtually every industrial and many commercial facilities throughout the country. The regulations developed to implement this legislation will encompass new approaches to nonattainment, air toxics, accidental releases, acid rain, permits and enforcement. Because of the impact of this legislation the regulations will be implemented over a ten-year period. This paper is an overview of the amendments and recommended proactive strategies for industry.     

Proactive industrial strategies for the Clean Air Act Amendments of 1990

The Clean Air Act (CAA) Amendments of 1990 was signed into law by President Bush on November 15, 1990. These amendments potentially will have a major impact on virtually every industrial and many commercial facilities throughout the country. The regulations developed to implement this legislation will encompass new approaches to nonattainment, air toxics, accidental releases, acid rain, permits and enforcement. Because of the impact of this legislation the regulations will be implemented over a ten-year period. This paper is an overview of the amendments and recommended proactive strategies for industry.     

Sulfur Dioxide Emissions and Market Effects under the Clean Air Act Acid Rain Program

ABSTRACT

The Clean Air Act Amendments of 1990 (CAAA90) established a national program to control sulfur dioxide (SO₂) emissions from electricity generation. CAAA90's market-based approach includes trading and banking of Soumissions allowances. We analyzed data describing electric utility SO₂ emissions in 1995, the first year of the program's Phase I, and market effects over the 1990-1995 period. Fuel switching and flue-gas desulfurization were the dominant means used in 1995 by targeted generators to reduce emissions to 51% of 1990 levels. Flue-gas desulfur-ization costs, emissions allowance prices, low-sulfur coal prices, and average sulfur contents of coals shipped to electric utilities declined over the 1990-1995 period. Projections indicate that 13-15 million allowances will have been banked during the program's Phase I, which ends in 1999, a quantity expected to last through the first decade of the program's stricter Phase II controls. In 1995, both allowance prices and SO₂ emissions were below pre-CAAA90 expectations. The reduction of SO₂ emissions beyond pre-CAAA90 expectations, combined with lower-than-expected allowance prices and declining compliance costs, can be viewed as a success for market-based environmental controls.     

Refinery evaluation of optical imaging to locate fugitive emissions

Fugitive emissions account for approximately 50% of total hydrocarbon emissions from process plants. Federal and state regulations aiming at controlling these emissions require refineries and petrochemical plants in the United States to implement a Leak Detection and Repair Program (LDAR). The current regulatory work practice, U.S. Environment Protection Agency Method 21, requires designated components to be monitored individually at regular intervals. The annual costs of these LDAR programs in a typical refinery can exceed US$1,000,000. Previous studies have shown that a majority of controllable fugitive emissions come from a very small fraction of components. The Smart LDAR program aims to find cost-effective methods to monitor and reduce emissions from these large leakers. Optical gas imaging has been identified as one such technology that can help achieve this objective. This paper discusses a refinery evaluation of an instrument based on backscatter absorption gas imaging technology. This portable camera allows an operator to scan components more quickly and image gas leaks in real time. During the evaluation, the instrument was able to identify leaking components that were the source of 97% of the total mass emissions from leaks detected. More than 27,000 components were monitored. This was achieved in far less time than it would have taken using Method 21. In addition, the instrument was able to find leaks from components that are not required to be monitored by the current LDAR regulations. The technology principles and the parameters that affect instrument performance are also discussed in the paper.     

Environmental Auditing—A Timely and Effective Tool

The requirements of environmental regulations imposed on industry are complex and expensive. As these regulations have developed, corporate compliance programs have had to become more sophisticated. For many, this means that an environmental auditing program is now timely (or overdue) for organizing their approach to meeting the constraints of these regulations. Contributing to this timeliness is a renewed emphasis by regulators on enforcement activities. This paper discusses what environmental auditing is and what it consists of, gives examples from a few approaches which are currently being used, and reviews some of its benefits and liabilities.     

基于三层结构的绿色招商选择体系研究

阐述了中国招商引资的基本情况及存在的问题,提出了进行绿色招商的必要性.在绿色招商选择系统结构分析的基础上,提出了基于三层结构的绿色招商选择体系,并根据该体系构建了s工业园的绿色招商选择体系.     

The New Clean Air Act Operating Permit Program: EPA’s Proposed Regulations

The 1990 Clean Air Act Amendments added a new Title V to the Act which establishes an operating permit program for numerous sources of air pollution. Certain sources are currently required to obtain a construction or “new source review” permit; the 1990 Amendments will require many more sources to apply for a permit which will give them permission to operate. CAA Title V was modeled on the National Pollutant Discharge Elimination System (NPDES) permit provisions of the Clean Water Act, but there are important differences between the two statutes.

Although many states already have their own operating permit programs, by late 1993 every state must establish a program that meets the requirements of Title V and EPA’s implementing regulations. EPA recently proposed these regulations, and by the statutory deadline of November 15, 1991 hopes to issue final regulations establishing the minimum elements of state operating permit programs. These regulations will significantly affect implementation of air pollution measures for years to come because a Title V operating permit will have to assure compliance with all applicable CAA requirements. In addition, permitted sources will be required to pay fees to cover the costs of the permit program.     

Fate and Transport of Fuel Components Below Slightly Leaking Underground Storage Tanks

Fuel leaks from underground storage tanks (USTs) and piping have been a major source of groundwater contamination. In the U.S. and Europe, regulations requiring upgrading of USTs to meet specific standards have significantly reduced instances of fuel contamination. Leak detection is primarily dependent on physical measurement systems that are generally capable of detecting leak rates as small as 0.2 L/h. Fuel leaks that are smaller than this detection threshold may remain undetected for long periods of time, posing a risk of contamination to shallow groundwater resources in sensitive areas. This risk was evaluated by modeling fate and transport of fuel components from small UST leaks under a variety of subsurface conditions and assuming that secondary containment does not exist. It was found that small leaks do have the potential to impact shallow groundwater, particularly if subsurface conditions are not conducive to natural attenuation processes. This may explain situations where groundwater contamination has been found below service stations in virgin areas that have upgraded leak detection systems. Modeling indicates that passive venting of tank and piping backfill could virtually eliminate the volatile components of fuel resulting from small leaks. Monitoring the tank and piping backfill for persistent gasoline vapor under very low vapor extraction conditions may be the best way to detect small chronic fuel leaks. Routine monitoring of shallow groundwater should be a component of a leak detection program, particularly in high-risk areas.     

Emission projections for the U.S. Environmental Protection Agency Section 812 second prospective Clean Air Act cost/benefit analysis

Section 812 of the Clean Air Act Amendments (CAAA) of 1990 requires the U.S. Environmental Protection Agency (EPA) to perform periodic, comprehensive analyses of the total costs and total benefits of programs implemented pursuant to the CAAA. The first prospective analysis was completed in 1999. The second prospective analysis was initiated during 2005. The first step in the second prospective analysis was the development of base and projection year emission estimates that will be used to generate benefit estimates of CAAA programs. This paper describes the analysis, methods, and results of the recently completed emission projections. There are several unique features of this analysis. One is the use of consistent economic assumptions from the Department of Energy's Annual Energy Outlook 2005 (AEO 2005) projections as the basis for estimating 2010 and 2020 emissions for all sectors. Another is the analysis of the different emissions paths for both with and without CAAA scenarios. Other features of this analysis include being the first EPA analysis that uses the 2002 National Emission Inventory files as the basis for making 48-state emission projections, incorporating control factor files from the Regional Planning Organizations (RPOs) that had completed emission projections at the time the analysis was performed, and modeling the emission benefits of the expected adoption of measures to meet the 8-hr ozone National Ambient Air Quality Standards (NAAQS), the Clean Air Visibility Rule, and the PM2.5 NAAQS. This analysis shows that the 1990 CAAA have produced significant reductions in criteria pollutant emissions since 1990 and that these emission reductions are expected to continue through 2020. CAAA provisions have reduced volatile organic compound (VOC) emissions by approximately 7 million t/yr by 2000, and are estimated to produce associated VOC emission reductions of 16.7 million t by 2020. Total oxides of nitrogen (NO(x)) emission reductions attributable to the CAAA are 5, 12, and 17 million t in 2000, 2010, and 2020, respectively. Sulfur dioxide (SO2) emission benefits during the study period are dominated by electricity-generating unit (EGU) SO2 emission reductions. These EGU emission benefits go from 7.5 million t reduced in 2000 to 15 million t reduced in 2020.     

Optical remote measurement of toxic gases.

Enactment of the Clean Air Act Amendments (CAAA) of 1990 has resulted in increased ambient air monitoring needs for industry, some of which may be met efficiently using open-path optical remote sensing techniques. These techniques include Fourier transform spectroscopy, differential optical absorption spectroscopy, laser long-path absorption, differential absorption lidar, and gas cell correlation spectroscopy. With this regulatory impetus, it is an opportune time to consider applying these technologies to the remote and/or path-averaged measurement and monitoring of toxic gases covered by the CAAA. This article reviews the optical remote sensing technology and literature for that application.     

Influence factors of multicomponent mixtures containing reactive chemicals and their joint effects

Organic chemicals usually coexist as a mixture in the environment, and the mixture toxicity of organic chemicals has received increased attention. However, research regarding the joint effects of reactive chemicals is lacking. In this study, we examined two kinds of reactive chemicals, cyanogenic toxicants and aldehydes and determined their joint effects on Photobacterium phosphoreum. Three factors were found to influence the joint effects of multicomponent mixtures containing reactive chemicals, including the number of components, the dominating components and the toxic ratios. With an increased number of components, the synergistic or antagonistic effects (interactions) will weaken to the additive effects (non-interactions) if the added component cannot yield a much stronger joint effect with an existing component. Contrarily, the joint effect of the mixture may become stronger instead of weaker if the added components can yield a much stronger joint effect than the existing joint effect of the multicomponent mixture. The components that yield the strongest interactions in their binary mixture can be considered the dominating components. These components contribute more to the interactions of multicomponent mixtures than other components. Moreover, the toxic ratios also influence the joint effects of the mixtures. This study provides an insight into what are the main factors and how they influence the joint effects of multicomponent mixtures containing reactive chemicals, and thus, the findings are beneficial to the study of mixture toxicology.     

Economic Analysis of Environmental Regulations: Lessons from VOC Standards for Paper Coating

Economic studies of proposed environmental regulations begin with estimates of compliance actions and their costs. The assumptions about compliance actions can be misleading. In economic studies pertaining to regulations for volatile organic compound emissions by Illinois paper coaters, three sources of shortcomings are particularly evident: 1) failure to appreciate linkages between regulations applying to closely allied industries; 2) emphasis on well-known technologies, despite strong evidence that they will be displaced; and 3) heavy reliance on EPA technical data, whether or not they fairly represent state or local conditions.     

Overview of proposed air emission standards and guidelines for municipal waste combustors

The EPA proposed regulations for municipal waste combustors (MWCs) on December 20, 1989. The regulations include (1) performance standards under Section 111(b) of the Clean Air Act (CAA) for new, modified, or reconstructed MWCs and (2) draft emission guidelines and compliance schedules for the states to use to develop control requirements from existing MWCs under Section 111(d). This paper will outline the proposed air emission standards and guidelines, as well as the basis for the prescribed emission limits. The schedule for the remainder of the regulations development will also be discussed.     

Overview of Proposed Air Emission Standards and Guidelines for Municipal Waste Combustors

The EPA proposed regulations for municipal waste combustors (MWCs) on December 20, 1989. The regulations include (1) performance standards under Section lll(b) of the Clean Air Act (CAA) for new, modified, or reconstructed MWCs and (2) draft emission guidelines and compliance schedules for the states to use to develop control requirements from existing MWCs under Section 111(d).

This paper will outline the proposed air emission standards and guidelines, as well as the basis for the prescribed emission limits. The schedule for the remainder of the regulations development will also be discussed.     

Assessing the impact of the acid deposition control program

A goal of the acidic deposition control program in the United States has been to link emissions control policies, such as those mandated under Title IV of the US Clean Air Act Amendments (CAAA) of 1990, to improvements in air and water quality. Recently, several researchers have reported trends in the time series of pollutant data in an effort to evaluate the effectiveness of the CAAA in reducing the acidic deposition problem. It is well known that pollutant concentrations are highly influenced by meteorological and climatic variations. Also, spatial and temporal inhomogeneities in time series of pollutant concentrations, induced by differences in the data collection, reduction, and reporting practices, can significantly affect the trend estimates. We present a method to discern breaks or discontinuities in the time series of pollutants stemming from emission reductions in the presence of meteorological and climatological variability. Using data from a few sites, this paper illustrates that linear trend estimates of concentrations of SO₂, aerosol SO₄²⁻, and precipitation-weighted SO₄²⁻ and NO₃⁻ can be biased because of such complex features embedded in pollutant time series.     

Scientific Basis of an Improved EPA Policy on Control of Organic Emissions for Ambient Ozone Reduction

ABSTRACT

This article describes an effort to re-examine the scientific bases of the existing, more than two decades-old U.S. Environmental Protection Agency (EPA) policy on volatile organic compound reactivity in light of recent scientific knowledge and understanding. The existing policy allows “negligibly reactive” organic emissions, that is, emissions with ambient ozone production potential lower than that of ethane, to be exempted from all ozone regulations. It relies on use of k_OH and incremental reactivity data for determining whether an organic compound is negligibly reactive. Recent scientific evidence suggests that (1) exempting the negligibly reactive organic emissions from all regulations is unjustifiable, (2) the choice of ethane as the benchmark organic species for distinguishing reactive from negligibly reactive organics may be inappropriate, (3) the assumptions and methods used for classifying organic compounds as “reactive” and “negligibly reactive” should be reconsidered, and (4) the volatility factor should be considered, more appropriately, in much the same way as the reactivity factor.     

Fundamentals of successful monitoring, reporting, and verification under a cap-and-trade program

The U.S. Environmental Protection Agency (EPA) developed and implemented the Acid Rain Program (ARP), and NO(x) Budget Trading Programs (NBTP) using several fundamental monitoring, reporting, and verification (MRV) elements: (1) compliance assurance through incentives and automatic penalties; (2) strong quality assurance (QA); (3) collaborative approach with a petition process; (4) standardized electronic reporting; (5) compliance flexibility for low-emitting sources; (6) complete emissions data record required; (7) centralized administration; (8) level playing field; (9) publicly available data; (10) performance-based approach; and (11) reducing conflicts of interest. Each of these elements is discussed in the context of the authors' experience under two U.S. cap-and-trade programs and their potential application to other cap- and-trade programs. The U.S. Office of Management and Budget found that the Acid Rain Program has accounted for the largest quantified human health benefits of any federal regulatory program implemented in the last 10 yr, with annual benefits exceeding costs by > 40 to 1. The authors believe that the elements described in this paper greatly contributed to this success. EPA has used the ARP fundamental elements as a model for other cap-and-trade programs, including the NBTP, which went into effect in 2003, and the recently published Clean Air Interstate Rule and Clean Air Mercury Rule. The authors believe that using these fundamental elements to develop and implement the MRV portion of their cap-and-trade programs has resulted in public confidence in the programs, highly accurate and complete emissions data, and a high compliance rate (> 99% overall).     

Complying with Executive Order 13148 using the Enterprise Environmental Safety And Occupational Health Management Information System

All U.S. Department of Defense (DoD) facilities are required under Executive Order (EO) 13148, "Greening the Government through Leadership in Environmental Management," to establish quality-based environmental management systems (EMSs) that support environmental decision-making and verification of continuous environmental improvement by December 31, 2005. Compliance with EO 13148 as well as other federal, state, and local environmental regulations places a significant information management burden on DoD facilities. Cost-effective management of environmental data compels DoD facilities to establish robust database systems that not only address the complex and multifaceted environmental monitoring, record-keeping, and reporting requirements demanded by these rules but enable environmental management decision-makers to gauge improvements in environmental performance. The Enterprise Environmental Safety and Occupational Health Management Information System (EESOH-MIS) is a new electronic database developed by the U.S. Air Force to manage both the data needs associated with regulatory compliance programs across its facilities as well as the non-regulatory environmental information that supports installation business practices. The U.S. Air Force, which has adopted the Plan-Do-Check-Act methodology as the EMS standard that it will employ to address EO 13148 requirements.