Southern Environmental Law Center

Georgia Air Summit May 4, 2006

OverviewOverview

Why we protect air quality Why we protect air quality through the Clean Air Act (CAA)through the Clean Air Act (CAA)

What sources the CAA controlsWhat sources the CAA controls How the CAA worksHow the CAA works Future of the CAA- “command Future of the CAA- “command

and control” but moving toward and control” but moving toward market based incentives market based incentives

Public HealthPublic Health• Increased mortality from fine PM –lung Increased mortality from fine PM –lung

cancer, asthma, heart diseasecancer, asthma, heart disease• Ozone smog-asthmaOzone smog-asthma• Mercury contamination-impairing Mercury contamination-impairing

neurological functionsneurological functions Degradation of National ParksDegradation of National Parks Poor VisibilityPoor Visibility Acid RainAcid Rain Damage to Crops and EstuariesDamage to Crops and Estuaries

Why We Protect Air Why We Protect Air Quality- Quality-

What's At StakeWhat's At Stake

Power plants and automobiles are the two major sources of our region’s air pollution, and the Clean

Air Act focuses on both sources.

• TITLE I: sets National Ambient Air Quality Standards for criteria pollutants, technology and performance based standards for stationary sources

• TITLE II: imposes tighter tailpipe and fuel standards for vehicles

• TITLE III: focuses on protecting human health from air toxics (pollutants that have serious health effects, such as cancer, birth defects, immediate death, or catastrophic accidents)

• TITLE IV: seeks to control acid rain

• TITLE V: creates a new comprehensive permitting system

• TITLE VI: protects the stratospheric ozone layer and monitors greenhouse gases

The Tools: CLEAN AIR ACT OF 1970, AMENDED 1977 AND 1990

HOW DOES THE CLEAN AIR ACT WORK?

• Historically, the CAA has focused on “command and control”

• Through the CAA, qualitative and quantitative standards are set and enforced.

• Examples: National ambient air quality standards, Mandating quantity reductions, Mandating specific pollution controls for stationary sources

• Deadlines are set for reaching certain quantitative and qualitative goals.

• Enforcement

Quantitative StandardsQuantitative Standards

EPA sets numerical limits for EPA sets numerical limits for pollutants that will be protective of pollutants that will be protective of public health based on the latest public health based on the latest science.science.

Each pollutant has a threshold limit Each pollutant has a threshold limit that EPA determines to be harmful to that EPA determines to be harmful to public health.public health.

In theory, these limits must be met In theory, these limits must be met to be protective of public health. to be protective of public health.

• Sulfur Dioxide (SO2)

• Nitrogen Dioxide (NO2 )

• Particulate Matter (“PM” and “PM fine”- less than 2.5 microns) (PM10, PM2.5 )

• Carbon Monoxide (CO)

• Lead (Pb)

• Ozone (O3) - including Volatile Organic

Compounds (VOC) (new 8-hour standard)

National Ambient Air Quality Standards: Six Criteria Pollutants

with Corresponding Numerical Limits to Protect Public Health

Regulating Air QualityRegulating Air Quality

EPA sets a numerical standard for each of EPA sets a numerical standard for each of the 6 criteria pollutants.the 6 criteria pollutants.

EPA then reviews data from around the EPA then reviews data from around the country to see which areas meet that country to see which areas meet that standard and which areas exceed the standard and which areas exceed the standard.standard.

Those areas that exceed the standards are Those areas that exceed the standards are in “nonattainment”; while those that meet in “nonattainment”; while those that meet the standard are in “attainment” the standard are in “attainment”

States must come up with a State States must come up with a State Implementation Plan (“SIP”) to address their Implementation Plan (“SIP”) to address their air quality.air quality.

More than 127 southern counties now exceed health-based ozone standards; this creates a pressing need – and a

significant opportunity – to reduce pollution from vehicles and power plants.

Qualitative Standards Qualitative Standards

CAA language requires that technology be CAA language requires that technology be developed and deployed by individual developed and deployed by individual stationary sources.stationary sources.

By regulating specific industries through By regulating specific industries through technology based standards, CAA forces technology based standards, CAA forces new sources and modified sources to new sources and modified sources to “upgrade” and adopt the latest level of “upgrade” and adopt the latest level of pollution control relevant to their pollution control relevant to their construction. construction.

• Permitting requirements for new sources and modified existing sources.

• Emissions control technology, based on air quality

• Attainment Area: Prevention of Significant Deterioration (PSD) = Best Available Control Technology (BACT)

• Nonattainment Area: Nonattainment New Source Review = Lowest Achievable Emission Rate (LAER)

Command and Control:

Technology Requirements

Critique of Command and Critique of Command and Control Control

It provides incentives to NOT install It provides incentives to NOT install the latest technology because the the latest technology because the permitting process is burdensomepermitting process is burdensome

Can be inefficient and costlyCan be inefficient and costly However, has worked in the past and However, has worked in the past and

does provide a safeguard to a “free-does provide a safeguard to a “free-rider” problem – requires everyone to rider” problem – requires everyone to clean up.clean up.

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