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Federal Air Quality Law
Federal Clean Air Act (Act). The Act requires attainment of National Ambient
Air Quality Standards (NAAQS) for criteria air
pollutants, i.e. pollutants causing human health impacts
due to their release from numerous sources. The following criteria
pollutants have been identified: ozone, particulate matter (PM10),
carbon monoxide, lead, nitrogen dioxide, and sulfur dioxide.
The original 1970 Clean Air Act required attainment by 1975.
The Act was amended in 1977 and 1990 to extend the attainment
deadlines. Current deadlines vary by pollutant and severity of
pollution in the region. The latest deadline is the year 2010
for extreme ozone nonattainment areas to meet the federal 1-hour ozone standard.
For serious PM10 attainment areas, extensions of the deadline until 2006 are
allowed. New standards for 8-hour ozone and PM2.5 have recently been
established.
State Implementation Plans. The Act requires each state
to develop a State Implementation Plan (SIP)
to attain the NAAQS by the applicable attainment deadlines. SIPs must be approved by the Federal Environmental Protection
Agency (EPA) as containing sufficient measures to timely attain
NAAQS and meet other requirements described below. SIPs must
contain air pollution measures in adopted, "regulatory"
form within one year after approval by EPA. Upon approval by
EPA, SIP requirements can be enforced against regulated sources
by EPA and by any citizen.
Among the numerous other CAA requirements
are: a mandate that the region achieve a three percent annual
reduction in emissions of ozone precursors (VOC and NOx); a requirement
that new sources over 10 tons per year of VOC or NOx, and modifications
to such sources, achieve lowest achievable emission rate
and offset their emission increases by equal reductions
elsewhere in the region and transportation control measures to reduce
vehicle trips.
Sanctions, Federal Implementation Plans, and Conformity Findings.
If the state fails to submit an approvable SIP according
to schedules in the Act, EPA is required to impose one sanction
within 18 months, and a second if the failure is not cured within
another six months. The sanctions are cutoffs of federal transportation
funds (with certain exceptions) and an increased offset ratio
(2:1) that would make it more difficult for stationary sources
wishing to construct or modify to obtain required permits. In
addition, EPA is required to, within two years of disapproving
the SIP, promulgate a Federal Implementation Plan (FIP)
to fill the gap in the deficient state plan. Finally, new conformity
findings, which are required for federal approval or funding of
highway and other projects, cannot be made 120 days after SIP
disapproval.
Motor Vehicle Emission Controls. The Act initially required EPA
to adopt emission limitations for motor vehicles. The 1990 Amendments
require EPA to adopt regulations to achieve further reductions
in emissions from motor vehicles, as well as from other mobile
sources such as locomotives. States are preempted from adopting
emission limitations for motor vehicles and certain other mobile
sources. Exception: California can adopt motor vehicle standards,
and standards for some --but not all-- other mobile sources, and
other states can adopt the California standards.
Hazardous Air Pollutants. In addition to criteria pollutants,
the Act regulates "hazardous air pollutants,"
i.e., those which can cause cancer or other severe localized health
effects due to emissions from a single facility. EPA is required
to adopt regulations mandating that new and existing sources emitting
10 tons per year or more of such pollutants employ Maximum
Achievable Control Technology (MACT) according to
specified schedules. EPA is to consider further reductions in
the future to eliminate any remaining unacceptable residual
risk.
STATE AND LOCAL AIR POLLUTION CONTROL REGULATION
California Law:
The Lewis Presley Act. Health and Safety Code sections 40400-40540
establish and specify authorities
and planning responsibilities of the South Coast District.
The California Clean Air Act (CCAA). The CCAA establishes numerous requirements
for district plans to attain state ambient air quality standards
for criteria air contaminants. For example, a plan must contain measures
adequate to achieve five percent per year emission reductions
or must contain all feasible measures and an expeditious adoption
schedule. For districts with serious air pollution, its attainment
plan should include the following: no net increase in emissions from new and modified
stationary sources; and best available retrofit technology
for existing sources.
Toxic Air Contaminants. The Air Toxic Hot Spots Act (Health & Safety
Code §§ 44300, et seq.) requires
facilities emitting specified quantities of pollutants to conduct
risk assessments describing the health impacts to neighboring
communities created by their emissions of numerous specified hazardous
compounds. If the district determines the health impact to be
significant, neighbors must be notified. In addition, state law
requires the facility to develop and implement a plan to reduce
the health impacts to below significance, generally within five
years. Additional control requirements for hazardous emissions
from specific industries are established by the state and enforced
by districts.
Agency Responsibilities:
California Air Resources Board (CARB): CARB is responsible for
adopting motor vehicle emission standards; compiling the SIP for
submission to EPA; approving district air quality plans as sufficient
to meet state legal requirements; and general oversight of districts. CARB also has established state ambient air quality standards
for criteria pollutants which are somewhat more stringent than
the NAAQS.
Air Quality Management Districts (AQMDs): Local districts are responsible for
preparing the portion of the SIP applicable within their boundaries;
adoption of control regulations for stationary sources; and implementation
of indirect source and transportation control measures (e.g. employee
ridesharing rules).
Councils of Governments (e.g., Southern California Association of Governments): Councils are responsible for preparing the portion
of the SIP within certain districts which relate to transportation
control measures, land use, and population projections.
Compliance Procedures:
Permits. Under state law and
district rules, every piece of equipment which emits or controls air pollution
must have a permit to operate from the local air district. The equipment cannot
be constructed without a district permit to construct. The district staff must
issue the permit if the equipment will comply with all emission limitations in
district rules.
Enforcement. Permit requirements and district rules can
be enforced by districts through actions for civil penalties (up
to $75,000 per day of violation for individuals and up to $1 million per day for
corporations), by local prosecutors
through actions for misdemeanor criminal penalties, and by either
seeking injunctive orders or orders of abatement.
Hearing Boards. Hearing Boards
in each district are authorized to issue temporary variances to sources having
difficulty complying with air pollution rules. Hearing Boards can also hear
appeals of permit decisions by the district staff, and can issue orders for
abatement. |
