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.     

Federal Regulations for New Source Performance Standards

Section 111 of the Clean Air Act Amendments of 1970 authorizes the U.S. Environmental Protection Agency (EPA) to impose emission standards (NSPS) on those stationary sources that are determined to be significant contributors to air pollution and that consequently endanger the public health or welfare. In five years EPA promulgated 19 final and 1 proposed NSPS for stationary sources. Section 112 of the Act authorizes EPA to promulgate national emission standards for hazardous air pollutants (NESHAPS). EPA promulgated three final and 1 proposed regulation under Section 112. In addition, EPA promulgated NSPS for three "designated" pollutants from specific sources under Section Hid. EPA’s use of Section 111 and 112 authority provides for a quick response emission control program compared to the relatively slow process of establishing additional ambient air quality standards and having the states adopt implementation plans (Section 109). Three court cases, argued in the U.S. Court of Appeals for the District of Columbia, established basic guidelines for future promulgation of NSPS although certain legal actions are still pending. Proposed amendments to the Clean Air Act would further broaden and strengthen EPA’s direct regulatory authority.     

Air quality management: evolution of policy and practice in the UK as exemplified by the experience of English local government

The air quality management (AQM) framework in the UK is designed to be an effects-based solution to air pollutants currently affecting human health. The AQM process has been legislated through The Environment Act 1995, which required the National Air Quality Strategy (NAQS) to be published. AQM practice and capability within local authorities has flourished since the publication of the NAQS in March 1997. This paper outlines the policy framework within which the UK operates, both at a domestic and European level, and reviews the air quality management process relating to current UK policy and EU policy. Data from questionnaire surveys are used to indicate the involvement of various sectors of local government in the air quality management process. These data indicate an increasing use of monitoring, and use of air dispersion modelling by English local authorities. Data relating to the management of air quality, for example, the existence and work of air quality groups, dissemination of information to the public and policy measures in place on a local scale to improve air quality, have also been reported. The UK NAQS has been reviewed in 1999 to reflect developments in European legislation, technological and scientific advances, improved air pollution modelling techniques and an increasingly better understanding of the socio-economic issues involved. The AQM process, as implemented by UK local authorities, provides an effective model for other European member states with regards to the implementation of the Air Quality Framework Directive. The future direction of air quality policy in the UK is also discussed.     

PM Fine Standards and Implied Modeling/Analysis Needs

ABSTRACT

New National Ambient Air Quality Standards (NAAQS) were promulgated for fine particulate matter (FPM) in July 1997. This paper summarizes likely timing for implementing programs to meet these standards, which have a bearing on future modeling/analysis needs. The paper notes technical requirements implied by the nature of the NAAQS, as well as feedback the agency has received concerning modeling/analysis through Federal Advisory Committee Act (FACA) subcommittee work groups. Conclusions and recommendations drawn from recently completed U.S. Environmental Protection Agency (EPA)- sponsored workshops on modeling and other source attribution techniques are also described. Efforts to respond to needs implied by the NAAQS and feedback are noted by outlining major topics and issues that future guidance on use of modeling and other analyses used for attainment demonstrations will need to address. The paper concludes by highlighting several as yet unmet modeling/analysis needs to support a well-founded strategy for meeting air quality goals for FPM. These are suggested as potential areas for policy-relevant research.     

An Approach to Air Quality Management Standards

The Clean Air Amendments of 1970 impose a stringent set of uniform air quality standards and a rigid timetable for achieving them. Such an approach is open to serious question, since it fails to take account of variations in relevant local conditions. This paper sketches a proposal for a more realistic approach to air quality. It suggests a program of management standards that would reflect the needs and circumstances of particular regions. An institutional framework is outlined that would consider the technical, economic, and social constraints that determine how quickly and how much any area can improve its air quality. The framework would provide the needed flexibility, and would employ a feedback approach that avoids the need to resolve all uncertainties before any progress can be made. At the same time, it would impose a timetable and planning process to assure that all feasible progress in air quality improvement is realized nationwide.     

EPA’s Clean Air Act Operating Permit Rules

Title V of the Clean Air Act requires tens of thousands of air pollution sources to obtain an operating permit incorporating all applicable requirements under the Act. EPA recently promulgated its controversial Title V regulations, which establish the minimum elements for state permit programs.

The new permit system is among the most important changes made by the 1990 Clean Air Act Amendments, and will significantly alter the way companies comply with air pollution requirements. Previously, the Act only required certain sources to obtain a new source review permit before constructing or modifying the facility (although many states established operating permit systems on their own). Now, all states must adopt operating permit programs consistent with the minimum federal requirements, and submit them to EPA by November 1993. Even though EPA has established minimum requirements, these programs are likely to vary widely from state to state.     

A System for Abatement Control Strategy Evaluation

The Air Quality Control Program of the Commonwealth of Massachusetts has developed an implementation plan for the Metropolitan Boston Intrastate Air Quality Control Region as required by PL 90-148. An essential part of the plan was a set of control regulations designed to achieve and maintain an air quality compatible with adopted standards. Control strategy modeling was used as a tool in selecting the most appropriate regulations to achieve this goal. The body of information presented in this paper is directed to those state and county air pollution control officials concerned with the formulation and evaluation of regulations.

The paper details the procedures developed and presents a case history of their use in the region. The system is a synthesis of generally-available software and newly-developed computer programs to provide ahighly automated computational structure. It permits rapid simulation of the emissions resulting from the application of various control regulations. Predictions on the changes expected in ambient air quality levels are then made by the use of the Air Quality Display Model (AQDM).

The initial step in the application was a calibration of the system using predicted and measured annual concentrations. This step yielded correlation coefficients of 0.92 for sulfur dioxide and 0.85 for particulates. Subsequently, the system was used to evaluate the baseline case of uncontrolled sulfur in fuel use. Alternative sulfur control strategies were tested for compatibility with air quality standards. The principal strategies tested were: (a) 1% sulfur uniformly throughout the region; (6) 1% sulfur in core area of region, 2.2% sulfur elsewhere; (c) 0.5% sulfur in core area of region, 2.2% sulfur elsewhere; (d) 0.5% sulfur in core area of region, 1.0% sulfur elsewhere.

Strategies (b) and (d) were implemented into a time phased set of control regulations for the region.

Experience with the system has shown it to be a convenient and rapid method for simulating the effects of control regulations. Furthermore, the utility of this initial model warrants expansion of its application to the other air quality control regions in the Commonwealth.     

Impact of three interactive Texas state regulatory programs to decrease ambient air toxic levels

The Federal Clean Air Act (FCAA) framework envisions a federal-state partnership whereby the development of regulations may be at the federal level or state level with federal oversight. The U.S. Environmental Protection Agency (EPA) establishes National Ambient Air Quality Standards to describe “safe” ambient levels of criteria pollutants. For air toxics, the EPA establishes control technology standards for the 187 listed hazardous air pollutants (HAPs) but does not establish ambient standards for HAPs or other air toxics. Thus, states must ensure that ambient concentrations are not at harmful levels. The Texas Clean Air Act authorizes the Texas Commission on Environmental Quality (TCEQ), the Texas state environmental agency, to control air pollution and protect public health and welfare. The TCEQ employs three interactive programs to ensure that concentrations of air toxics do not exceed levels of potential health concern (LOCs): air permitting, ambient air monitoring, and the Air Pollutant Watch List (APWL). Comprehensive air permit reviews involve the application of best available control technology for new and modified equipment and ensure that permits protect public health and welfare. Protectiveness may be demonstrated by a number of means, including a demonstration that the predicted ground-level concentrations for the permitted emissions, evaluated on a case-by-case and chemical-by-chemical basis, do not cause or contribute to a LOC. The TCEQ's ambient air monitoring program is extensive and provides data to help assess the potential for adverse effects from all operational equipment in an area. If air toxics are persistently monitored at a LOC, an APWL area is established. The purpose of the APWL is to reduce ambient air toxic concentrations below LOCs by focusing TCEQ resources and heightening awareness. This paper will discuss examples of decreases in air toxic levels in Houston and Corpus Christi, Texas, resulting from the interactive nature of these programs.

Implications: Texas recognized through the collection of ambient monitoring data that additional measures beyond federal regulations must be taken to ensure that public health is protected. Texas integrates comprehensive air permitting, extensive ambient air monitoring, and the Air Pollutant Watch List (APWL) to protect the public from hazardous air toxics. Texas issues air permits that are protective of public health and also assesses ambient air to verify that concentrations remain below levels of concern in heavily industrialized areas. Texas developed the APWL to improve air quality in those areas where monitoring indicates a potential concern. This paper illustrates how Texas engaged its three interactive programs to successfully address elevated air toxic levels in Houston and Corpus Christi.     

Estimation of ambient PM2.5 concentrations in Maryland and verification by measured values

In 1997, Maryland had no available ambient Federal Reference Method data on particulate matter less than 2.5 microm in aerodynamic diameter (PM23), but did have annual ambient data for PM smaller than 10 microm (PM10) at 24 sites. The PM10 data were analyzed in conjunction with local annual and seasonal zip-code-level emission inventories and with speciated PM2.5 data from four nearby monitors in the IMPROVE network (located in the national parks, wildlife refuges, and wilderness areas) in an effort to estimate annual average and seasonal high PM2.5 concentrations at the 24 PM10 monitor sites operating from 1992 to 1996. All seasonal high concentrations were estimated to be below the 24-hr PM2.5 National Ambient Air Quality Standards (NAAQS) at the sites operating in Maryland between 1992 and 1996. The estimates also indicated that 12 monitor sites might exceed the 3-year annual average PM2.5 NAAQS of 15 microg/m3, but Maryland's air quality shows signs that it has been improving since 1992. The estimates also were compared with actual measurements after the PM2.5 monitor network was installed. The estimates were adequate for describing the chemical composition of the PM2.5, forecasting compliance status with the 24-hr and annual standards, and determining the spatial variations in PM2.5 across central Maryland.     

Industrial Responsibilities in and Advantages from the Control of Air Pollution

The requirements for public participation in air pollution control programs have been significantly increased by the 1977 Clean Air Act Amendments. This paper is directed to state and local agency officials, to assist them in carrying out these responsibilities under the Act. The changes in the Act and the guidelines that have been issued pursuant to these new provisions are summarized. The elements of an effective public participation program are described. The current status of public participation in state implementation plan revision programs is reported.     

Expected Decline in Carboxyhemogldbin Levels As Related to Automobile Carbon Monoxide Emission Standards

Carboxyhemoglobin (COHb) levels in blood are principally due to inhalation of carbon monoxide, although a low level (approximately 0.3%) of COHb is endogenous. A carboxyhemoglobin level above 1.5 % in non-smokers indicates exposure to CO in excess of the 10 mg/m³ air quality standard established under the Clean Air Act Amendments of 1970.

In most major U.S. cities, automobile emissions constitute the principal source of CO; in Chicago, according to EPA estimates,¹ light duty vehicles are responsible for 69.3% of all CO emissions. Thus as new automobiles incorporating emission controls enter the automotive fleet and older, emission-uncontrolled automobiles are phased out, ambient CO concentrations should decline and corresponding reductions in blood carboxyhemoglobin levels of nonsmokers can be expected.     

Emission Inventory Case Studies—Policy Aspects

The Clean Air Act (and proposed Clean Air Act Amendments in H.R. 5252) are addressed relative to quantification of emission data. Six case studies performed for the National Commission on Air Quality (NCAQ) are reviewed. The models used to quantify the amount of emissions needed to meet air quality standards for O₃, particulates, and SO₂ are reviewed for each case study city. Technical and resource limitations in meeting the Act’s emission inventory requirements for nonattainment plans.and PSD permitting are outlined.     

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.     

A New Approach to Setting Vehicle Emission Standards

Urban ambient air quality trend analysis was evaluated as an alternative to rollback analysis to estimate vehicle emission standards needed to achieve national ambient air quality standards. Examination of the trends of monthly maximum 8 hour average carbon monoxide concentrations, central business district traffic activity, and emission rates from vehicles on the road suggests that the automotive exhaust emission standard for carbon monoxide derived in response to the requirements of the Clean Air Act Amendments of 1970 may be ten times too severe. The excessive stringency of the vehicle emission standard for carbon monoxide was confirmed by two different analyses of the correlation between annual mean carbon monoxide concentration and frequency of occurrence of carbon monoxide concentrations above the level of the 8-hour standard. One correlation analysis using all available CAMP data involved an empirical approach and the other assumed that carbon monoxide concentrations are described by the lognormal distribution. Based on the analysis of CAMP air quality data, a vehicle carbon monoxide emission standard of approximately 29 grams per mile appears adequate to meet the ambient air quality standard. The large difference between the results of this analysis and the 1976 Federal vehicle carbon monoxide emission standard indicates the advisability of applying this methodology to verification of the standards for hydrocarbons and oxides of nitrogen.     

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.     

Analysis of short-term ozone and PM2.5 measurements: Characteristics and relationships for air sensor messaging

Air quality sensors are becoming increasingly available to the general public, providing individuals and communities with information on fine-scale, local air quality in increments as short as 1 min. Current health studies do not support linking 1-min exposures to adverse health effects; therefore, the potential health implications of such ambient exposures are unclear. The U.S. Environmental Protection Agency (EPA) establishes the National Ambient Air Quality Standards (NAAQS) and Air Quality Index (AQI) on the best science available, which typically uses longer averaging periods (e.g., 8 hr; 24 hr). Another consideration for interpreting sensor data is the variable relationship between pollutant concentrations measured by sensors, which are short-term (1 min to 1 hr), and the longer term averages used in the NAAQS and AQI. In addition, sensors often do not meet federal performance or quality assurance requirements, which introduces uncertainty in the accuracy and interpretation of these readings. This article describes a statistical analysis of data from regulatory monitors and new real-time technology from Village Green benches to inform the interpretation and communication of short-term air sensor data. We investigate the characteristics of this novel data set and the temporal relationships of short-term concentrations to 8-hr average (ozone) and 24-hr average (PM_2.5) concentrations to examine how sensor readings may relate to the NAAQS and AQI categories, and ultimately to inform breakpoints for sensor messages. We consider the empirical distributions of the maximum 8-hr averages (ozone) and 24-hr averages (PM_2.5) given the corresponding short-term concentrations, and provide a probabilistic assessment. The result is a robust, empirical comparison that includes events of interest for air quality exceedances and public health communication. Concentration breakpoints are developed for short-term sensor readings such that, to the extent possible, the related air quality messages that are conveyed to the public are consistent with messages related to the NAAQS and AQI.

Implications: Real-time sensors have the potential to provide important information about fine-scale current air quality and local air quality events. The statistical analysis of short-term regulatory and sensor data, coupled with policy considerations and known health effects experienced over longer averaging times, supports interpretation of such short-term data and efforts to communicate local air quality.     

A re-examination of ambient air ozone monitor interferences

Attaining the National Ambient Air Quality Standard (NAAQS) for ozone (O3) could cost billions of dollars nationwide. Attainment of the NAAQS is judged on O3 measurements made by the Federal Reference Method (FRM), ethylene chemiluminescence, or a Federal Equivalent Method (FEM), predominantly ultraviolet (UV) absorption. Starting in the 1980s, FRM monitors were replaced by FEMs so that today virtually all monitoring in the United States uses the UV methodology. This report summarizes a laboratory and collocated ambient air monitoring study of interferences in O3 monitors. Potential interferences examined in the laboratory included water vapor, mercury, o-nitrophenol, naphthalene, p-tolualdehyde, and mixed reaction products from smog chamber simulations of urban atmospheric photochemistry. UV absorption O3 monitors modified for humidity equilibration were also collocated with UV FEM O3 monitors at six sites in Houston, TX, during the 2007 summer O3 season. The results suggest that humidity and interfering species can positively bias (overestimate) O3 measured by FEM monitors used to determine compliance with the O3 standards. The results also suggest that humidity equilibration can mitigate this bias.     

Short Term Air Quality Standards for Suspended Particulate Matter in New York State

The Clean Air Act of 1970 requires each state to submit plans for implementation, maintenance, and enforcement of national ambient air quality standards subsequent to promulgation. Such plans have been geared to meet annual averages and maximum values. Based on experience in implementing the abatement plan it was found that air quality standards for averaging times shorter than one year are needed to shorten the time required to show contravention and to provide a basis for early corrective measures to regulate specific sources. This paper reports on the need and procedures used by New York State to develop such standards for suspended particulates. Daily suspended particulate data were analyzed by the Kolmogorov-Smirnov method goodness of fit technique to determine that the form of the distribution was log normal. A method developed by Larsen for predicting short term maximum concentrations for log normally distributed data was used to determine numerical values for one, two, and three month standards. Monthly, bi-monthly, and tri-monthly suspended particulate standards of 130, 110, and 100 µg/m³, respectively are proposed for the most extensively developed areas of New York State and correspondingly lower values for other areas. The methods used in this development are generally applicable to other air contaminants.     

Interpreting Urban Carbon Monoxide Concentrations by Means of a Computerized Blood COHb Model

A practical, inexpensive computer model for estimating the level of blood carboxyhemoglobin (percent COHb) as a function of time for measured carbon monoxide concentrations (ppm CO) was developed from data from published studies on the assimilation of CO into the blood of human subjects. The model was designed to consider more realistically the dynamic characteristics of urban CO concentrations measured continuously at air monitoring stations, and it was applied to a year's CO data measured at the San Jose CA, air monitoring station (8760 hourly values).

The results indicate that the model can be used by local air pollution control agencies to calculate and print out estimated COHb levels alongside continuous CO concentration data. According to the model, the National Ambient Air Quality Standards (NAAQS) for CO sometimes were violated in San Jose without exceeding 2% COHb, as well as the converse: 2% COHb was exceeded without violating the standards. The model's estimated COHb levels also provided an advance warning of impending violation of the 8-hr CO NAAQS, and analysis of the model's response to CO "spikes" suggests that averaging periods as short as 10 or 15 minutes are necessary to preserve completely the dynamic characteristics of ambient CO monitoring data. These findings suggest that the margin of safety included in the current CO NAAQS, would not be the same if the actual time variation of measured CO concentrations is taken into account.     

Air quality impacts of power plant emissions in Beijing

The CALMET/CALPUFF modeling system was applied to estimate the air quality impacts of power plants in 2000 and 2008 in Beijing, and the intake fractions (IF) were calculated to see the public health risks posed. Results show that in 2000 the high emission contribution induced a relatively small contribution to average ambient concentration and a significant impact on the urban area (9.52 microg/m(3) of SO(2) and 5.29 microg/m(3) of NO(x)). The IF of SO(2), NO(x) and PM(10) are 7.4 x 10(-6), 7.4 x 10(-6) and 8.7 x 10(-5), respectively. Control measures such as fuel substitution, flue gas desulfurization, dust control improvement and flue gas denitration planned before 2008 will greatly mitigate the SO(2) and PM(10) pollution, especially alleviating the pressure on the urban area to reach the National Ambient Air Quality Standard (NAAQS). NO(x) pollution will be mitigated with 34% decrease in concentration but further controls are still needed.