Phase II Allowances Allocations and an Assessment of the Allowance Market in the West

Title IV of the Clean Air Act Amendments of 1990 establishes a unique “market-based“ approach to reduce national electric utility sulfur dioxide (SO₂) emissions during the next century by about 10 million tons/year below the corresponding level in 1980. This program is designed to provide utility operators with the flexibility to achieve the applicable SO₂ emissions limitations (total tons) using the most cost-effective approach. However, in reality, it is unlikely that many utility operators would have such operational flexibility, especially in the case of plants located in the Western United States. This is due to the fact that these sources may also be subject to other more stringent provisions of the Act, such as to protect public health and visibility, which override the Title IV provisions.

This paper examines the Phase II allowance allocations for the utility units located in the 11 western states and assesses the potential impacts of the current federal/state air quality regulatory programs on the allowance market in the West. This analysis shows that, even after accounting for the projected population growth and the accompanying growth in electric power demand during the next decade, the West should have a surplus of allowances, especially if new regulations are initiated to further reduce SO₂ emissions, mainly for the purpose of improving visibility in Western Class I areas.     

Economic Benefits of Improvements in Visibility: Acid Rain Provisions of the 1990 Clean Air Act Amendments

The Acid Rain Provisions (Title IV) of the Clean Air Act Amendments of 1990 call for about a 10 million ton reduction in annual SO₂ emissions in the United States. Although the provisions apply nationwide, most of the reduction will occur in the eastern half of the country, where use of high-sulfur coal for electricity generation is most common. One potentially large benefit of Title IV is the expected improvement in visibility conditions in the eastern United States due to the reductions in secondary sul-fate aerosols. This paper combines available economic estimates of willingness to pay for improvements in visibility with current estimates of the difference between expected visibility conditions in the eastern United States with and without Title I V, to estimate the expected visibility benefits of Title IV. The results suggest an annual value of $2.3 billion (in 1994 dollars) in the year 2010, as a result of visibility improvements due to Title IV in residential areas of the eastern United States. The results also suggest a possible additional annual value for eastern U.S. residents of as much as $1-2 billion for visibility improvements at national parks in the Southeast.     

The Clean Air Act: New Enforcement and Liability Provisions

The Clean Air Act Amendments of 1990 establish new criminal and civil liability provisions that can potentially impose substantial fines and penalties. This article reviews the Act's new enforcement and liability provisions. The authors recommend that because of the new enforcement tools available to the federal government, the regulated community should implement effective self-auditing and compliance programs at facilities to help reduce the risk of criminal liability.     

1989 Government Agencies Directory (Supplement)

In the April 1989 issue of JAPCA, current information about regulatory agencies at the state and local levels in the United States and at the federal, provincial and local levels in Canada was published. U.S. Environmental Protection Agency appointments at the federal and regional levels had not been completed in time for April publication but are published in this supplement. Also listed are the individuals in the Minerals Management Service of the U.S. Department of Interior who have regulatory responsibility for air pollutant emissions from oil, gas and mineral extraction activities in the Outer Continental Shelf (OCS) areas of the United States.     

Government/Industry Cost Sharing for Air Pollution Control

Several existing federal and state provisions act to reduce the cost to in dustry of controlling air pollution. Included are the federal corporate income tax, depreciation allowances, investment credits, small Business Administration loans, Economic Development Administration aid, and state tax laws. These provisions give government assistance to industry amounting to as much as 59 percent of the cost of air pollution control. Numerous bills have been introduced in Congress that would give additional government aid to industry in the form of special across-the-board tax allowances for air pollution control equipment. A typical bill of this type would result in the government bearing an additional 11 percent of these costs. There are several possible objectives for this kind of additional aid; however, none of these seem valid when the amount of present assistance is recognized. From this analysis, it would seem that additional across-the-board tax subsidies for air pollution control equipment are neither required nor advisable. Future studies and/or experience may show certain firms or industries for which air pollution control will be too great a burden and for which additional government assistance is advisable. When such cases are found, legislation should be enacted only after the pros and cons of the various assistance methods are considered.     

Regulating manure application discharges from concentrated animal feeding operations in the United States

In the United States, reducing pollution from agriculture has received attention due to data suggesting that this is the leading source of impairment of many waterbodies. The federal government revised its regulations governing concentrated animal feeding operations (CAFOs) to enhance governmental oversight over sources of pollution. For the application of manure resulting in pollutant discharges, CAFOs need to implement nutrient management plans. A federal court affirmed the ability of the US federal government to oversee the application of manure from CAFOs that have discharges. Simultaneously, owners and operators of CAFOs who have implemented an appropriate nutrient management plan may forgo securing a permit if their discharges qualify under the agricultural stormwater discharge exemption.     

The use of environmental risk assessment methodologies for an indoor air quality investigation

The authors of this paper chose several target compounds that have been found in average US homes, applied the current United States Environmental Protection Agency (USEPA) Superfund risk assessment methodologies to indoor air quality, and produced risk numbers for hazard quotients and predicted increases in incidence of cancer which would be unacceptable at US hazardous waste sites. The calculations were made for the average child and adult with USEPA default exposure values. Calculations were also made for a worst case scenario using maximum concentrations and exposure estimates defined by the USEPA as describing the reasonable exposure (RME). Significant cancer risks and non-cancer hazard quotients were predicted.     

Clean Air and Energy: Reform of the PSD Provisions of the Clean Air Act

Air pollution regulation in the United States has come under repeated attack over the years for a number of reasons. Early in the past decade, prevention of significant deterioration (PSD) legislation, which protects currently clean areas, came into conflict with domestic energy production goals. This paper presents an applied analysis of present and alternative regulations for achievement of PSD air quality goals. A model of the Four Corners region of the Southwest is developed, and several policy alternatives tested in terms of economic efficiency and ability to achieve air quality goals. Alternatives examined include emission fees, marketable emission permits, and technological standards.     

Pharmaceuticals in the aquatic environment--a comparison of risk assessment strategies

The growing concern over the release of pharmaceutically active compounds and personal care products into the environment has prompted the introduction of risk assessment guidelines in both the European Union by the European Medicines Evaluation Agency (EMEA) and in the United States by the Food and Drug Administration (FDA), details of which are presented herein. Both employ a similar tiered system that compares the predicted environmental concentrations (PEC) with the worst-case no effect concentrations estimated from standard toxicity assays. These approaches are compared and contrasted. Results demonstrate room for improvement in areas such as the use of threshold values to trigger investigations, chronic and mechanism specific toxicity screening and mixture toxicity for which possible solutions are proposed.     

Guidelines and Resources for Conducting an Environmental Crime Investigation in the United States

Common environmental crimes in the United States include the illegal disposal of hazardous waste, unpermitted discharges to sewer systems or surface water, discharge of oil by vessels to waters within United States jurisdiction, the misapplication of pesticides, the illegal importation of ozone-depleting substances, data falsification, and laboratory fraud. Federal, state, and sometimes local statutes and regulations are in place to protect the water, air, land, and human health. From a federal perspective, these include the Resource Conservation and Recovery Act (RCRA) for hazardous wastes, the Toxic Substances Control Act (TSCA) for toxic substances, the Clean Air Act (CAA), the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for abandoned waste sites, and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for pesticides. Each of these laws contains some standard methods for sampling and analyses to prove environmental crimes. The Code of Federal Regulations (CFR) contains the specific requirements of the laws. Within the United States Environmental Protection Agency (USEPA), the Criminal Investigation Division (CID) of the Office of Criminal Enforcement, Forensics and Training (OCEFT) has the responsibility to investigate criminal offenses.Criminal offenses are more serious in nature than civil violations in the United States. To successfully prosecute an environmental criminal case, the government has to prove, beyond a reasonable doubt, that a corporation or person knowingly violated an environmental statute containing criminal sanctions. The same environmental forensic techniques used to provide scientifically defensible data prevail in both civil and criminal cases; the only distinction between the two types of cases is legal.     

The carcinogenic risk of some organic vapors indoors: A theoretical survey

This exploratory report examines the risk of selected organic air pollutants measured in homes in the United States and the Netherlands. After several theoretical assumptions, estimates are made for the carcinogenic potency of each chemical; combined with the exposure measurements these give estimates of cancer risk. These estimates are compared with risks of these same pollutants outdoors and in drinking water and also with other well known indoor air pollutants: cigarette smoke, radon gas and formaldehyde. These comparisons indicate priorities for action. Some suggestions are made for future studies.     

Monitoring of ozone precursors in ambient air using pumped and diffusive sampling on the sorbent Carbopack X

EU legislation for ambient ozone concentrations puts a requirement on Member States to monitor a large set of ozone precursor species, mostly hydrocarbons. We describe an investigation into how much of this information is readily available from manual methods used routinely for benzene monitoring in the United Kingdom, using pumped or diffusive sampling of ambient air onto the sorbent Carbopack X, followed by thermal desorption and gas chromatography with a flame ionisation detector. Identifiable peaks were assessed for reliability by comparison with independent automated measurements and emissions inventories. We conclude that 21 of the 29 specified hydrocarbons can be usefully monitored without any change to the methods used.     

Reactive nitrogen and public policies for environmental protection

A core goal of both US and European pollution control policies has been to establish rules and regulations pertaining to the movement of reactive-nitrogen (Nr) through the environment. This is manifest in US federal legislation such as the Clean Air Act Amendments and the Clean Water Act Amendments and in various protocols of the United Nations Economic Commission for Europe (UNECE) and its Convention on Long-Range Transboundary Air Pollution (CLRTAP). In this paper, we begin by reviewing the two US laws and their effectiveness and make some comparisons with the approaches used mainly in Europe by the UNECE and CLRTAP. Next we use the Mississippi drainage/Gulf of Mexico hypoxia case study to highlight the importance of applying a "systems approach" to address the reactive nitrogen problem at the regional scale. After briefly posing a number of unanswered questions related to nitrogen control policies, we conclude by sketching a blueprint for future actions related to the development of improved policies to regulate reactive nitrogen.     

Modeling to Evaluate Contribution of Oil and Gas Emissions to Air Pollution

Oil and gas production in the Western United States has increased considerably over the past 10 years. While many of the still limited oil and gas impact assessments have focused on potential human health impacts, the typically remote locations of production in the Intermountain West suggests that the impacts of oil and gas production on national parks and wilderness areas (Class I and II areas) could also be important. To evaluate this, we utilize the Comprehensive Air quality Model with Extensions (CAMx) with a year-long modeling episode representing the best available representation of 2011 meteorology and emissions for the Western United States. The model inputs for the 2011 episodes were generated as part of the Three State Air Quality Study (3SAQS). The study includes a detailed assessment of oil and gas (O&G) emissions in Western States. The year-long modeling episode was run both with and without emissions from O&G production. The difference between these two runs provides an estimate of the contribution of the O&G production to air quality. These data were used to assess the contribution of O&G to the 8 hour average ozone concentrations, daily and annual fine particulate concentrations, annual nitrogen deposition totals and visibility in the modeling domain. We present the results for the Class I and II areas in the Western United States. Modeling results suggest that emissions from O&G activity are having a negative impact on air quality and ecosystem health in our National Parks and Class I areas.

Implications: In this research, we use a modeling framework developed for oil and gas evaluation in the western United States to determine the modeled impacts of emissions associated with oil and gas production on air pollution metrics. We show that oil and gas production may have a significant negative impact on air quality and ecosystem health in some national parks and other Class I areas in the western United States. Our findings are of particular interest to federal land managers as well as regulators in states heavy in oil and gas production as they consider control strategies to reduce the impact of development.     

Will the circle be unbroken: a history of the U.S. National Ambient Air Quality Standards

In celebration of the 100th anniversary of the Air & Waste Management Association, this review examines the history of air quality management (AQM) in the United States over the last century, with an emphasis on the ambient standards programs established by the landmark 1970 Clean Air Act (CAA) Amendments. The current CAA system is a hybrid of several distinct air pollution control philosophies, including the recursive or circular system driven by ambient standards. Although this evolving system has resulted in tremendous improvements in air quality, it has been far from perfect in terms of timeliness and effectiveness. The paper looks at several periods in the history of the U.S. program, including: (1) 1900-1970, spanning the early smoke abatement and smog control programs, the first federal involvement, and the development of a hybrid AQM approach in the 1970 CAA; (2) 1971-1976, when the first National Ambient Air Quality Standards (NAAQS) were set and implemented; (3) 1977-1993, a period of the first revisions to the standards, new CAA Amendments, delays in implementation and decision-making, and key science/policy/legislative developments that would alter both the focus and scale of air pollution programs and how they are implemented; and (4) 1993-2006, the second and third wave of NAAQS revisions and their implementation in the context of the 1990 CAA. This discussion examines where NAAQS have helped drive implementation programs and how improvements in both effects and air quality/control sciences influenced policy and legislation to enhance the effectiveness of the system over time. The review concludes with a look toward the future of AQM, emphasizing challenges and ways to meet them. The most significant of these is the need to make more efficient progress toward air quality goals, while adjusting the system to address the growing intersections between air quality management and climate change.     

Opportunities for a probabilistic risk assessment of chemicals in the European Union

In risk assessment of new and existing substances, it is current practice to characterise risk using a deterministic quotient of the exposure concentration, or the dose, and a no-effect level. A sense of uncertainty is tackled by introducing worst-case assumptions in the methodology. Since this procedure leads to an assessment with an unknown degree of conservatism, it is advisable to deal quantitatively with uncertainties. This paper discusses the advantages and possibilities of a probabilistic risk assessment framework, illustrated with an example calculation. Furthermore, representatives of EU Member States and the chemical industry were interviewed to find out their views on applying uncertainty analysis to risk assessment of industrial chemicals.     

Understanding the effectiveness of precursor reductions in lowering 8-hr ozone concentrations--Part II. The eastern United States

Analyses of ozone (O3) measurements in conjunction with photochemical modeling were used to assess the feasibility of attaining the federal 8-hr O3 standard in the eastern United States. Various combinations of volatile organic compound (VOC) and oxides of nitrogen (NOx) emission reductions were effective in lowering modeled peak 1-hr O3 concentrations. VOC emissions reductions alone had only a modest impact on modeled peak 8-hr O3 concentrations. Anthropogenic NOx emissions reductions of 46-86% of 1996 base case values were needed to reach the level of the 8-hr standard in some areas. As NOx emissions are reduced, O3 production efficiency increases, which accounts for the less than proportional response of calculated 8-hr O3 levels. Such increases in O3 production efficiency also were noted in previous modeling work for central California. O3 production in some urban core areas, such as New York City and Chicago, IL, was found to be VOC-limited. In these areas, moderate NOx emissions reductions may be accompanied by increases in peak 8-hr O3 levels. The findings help to explain differences in historical trends in 1- and 8-hr O3 levels and have serious implications for the feasibility of attaining the 8-hr O3 standard in several areas of the eastern United States.     

An intelligent data collection tool for chemical safety/risk assessment

REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) is the new European chemical legislation which aims to assess risk or safety of tens of thousands of chemicals to improve the protection of human health and the environment. The chemical safety assessment process is of an iterative nature. First, an initial, worst-case assessment is conducted after which refinements are made until no risk has been estimated or the risk is adequately controlled. Wasting time and resources on additional testing and implementing risk management measures with low effect on risk conclusions should be avoided as much as possible. This paper demonstrates the usefulness of an intelligent data collection strategy based on a sensitivity (and uncertainty) analysis on the risk assessment model EUSES to identify and order the most important "within-EU-TGD-reducible" input parameters influencing the local and regional risk characterisation ratios. The ordering can be adjusted for the costs involved in additional testing (e.g. ecotoxicity, physico-chemical properties, emission estimates, etc.). The risk refinement tool therefore reduces the resources needed to obtain a realistic risk estimate (both less conservative and less uncertain) as efficient as possible.     

Chemical behavior of residential lead in urban yards in the United States

Long after federal regulations banned the use of lead-based paints and leaded gasoline, residential lead remains a persistent challenge. Soil lead is a significant contributor to this hazard and an improved understanding of physicochemical properties is likely to be useful for in situ abatement techniques such as phytoremediation and chemical stabilization. A laboratory characterization of high-lead soils collected from across the United States shows that the lead contaminants were concentrating in the silt and clay fractions, in the form of discrete particles of lead, as observed by scanning electron microscopy coupled with energy dispersive X-ray analysis. Soil lead varied widely in its solubility behavior as assessed by sequential and chelate extractions. Because site-specific factors (e.g., soil pH, texture, etc.) are believed to govern the solubility of the lead, understanding the variability in these characteristics at each site is necessary to optimize in situ remediation or abatement of these soils.     

Forest inventory and analysis: a national inventory and monitoring program

Forests provide significant commodity and noncommodity values to the citizens of the United States. An important and substantial role in ensuring the continued health, productivity, and sustainability of these resources is a reliable and credible inventory and monitoring program. The Forest Inventory and Analysis (FIA) program of the US Forest Service has been monitoring and reporting on status, condition, and trends in the nation's forests for over 70 years and the Forest Health Monitoring (FHM) program for the last 11 years. Recent legislation included in the 1998 Farm Bill, along with efforts to integrate inventory and monitoring networks to deliver Criteria and Indicators of Sustainable Forests, are redefining the role and operation of the recently integrated FIA and FHM programs. This paper provides a brief history and a look at new directions for the enhanced FIA Program.