Clean Air Act (CAA)

The Clean Air Act (CAA) and its amendments, including the Clean Air Act Amendments (CAAA) of 1990, are designed to "protect and enhance the nation's air resources so as to promote the public health and welfare and the productive capacity of the population." The CAA consists of six sections, known as Titles, which direct EPA to establish national standards for ambient air quality and for EPA and the States to implement, maintain, and enforce these standards through a variety of mechanisms. Under the CAAA, many facilities will be required to obtain permits for the first time. State and local governments oversee, manage, and enforce many of the requirements of the CAAA. CAA regulations appear at 40 CFR Parts 50-99.

Pursuant to Title I of the CAA, EPA has established national ambient air quality standards (NAAQSs) to limit levels of "criteria pollutants," including carbon monoxide, lead, nitrogen dioxide, particulate matter, ozone, and sulfur dioxide. Geographic areas that meet NAAQSs for a given pollutant are classified as attainment areas; those that do not meet NAAQSs are classified as non-attainment areas. Under section 110 of the CAA, each State must develop a State Implementation Plan (SIP) to identify sources of air pollution and to determine what reductions are required to meet Federal air quality standards. Revised NAAQSs for particulate and ozone were proposed in 1996 and may go into effect as early as late 1997.

New Source Performance Standards (NSPSs)
Title I also authorizes EPA to establish New Source Performance Standards (NSPSs), which are nationally uniform emission standards for new stationary sources falling within particular industrial categories. NSPSs are based on the pollution control technology available to that category of industrial source. New municipal waste combustors or sewage sludge incinerators may be subject to these standards.

National Emission Standards for Hazardous Air Pollutants (NESHAPs)
Under Title I, EPA establishes and enforces National Emission Standards for Hazardous Air Pollutants (NESHAPs), nationally uniform standards oriented towards controlling particular hazardous air pollutants (HAPs). Title I, section 112(c) of the CAA further directed EPA to develop a list of sources that emit any of 189 HAPs, and to develop regulations for these categories of sources. To date EPA has listed 174 categories and developed a schedule for the establishment of emission standards. The emission standards will be developed for both new and existing sources based on "maximum achievable control technology" (MACT). The MACT is defined as the control technology achieving the maximum degree of reduction in the emission of the HAPs, taking into account cost and other factors. Unless a local government operates a treatment storage and disposal facility or stores significant quantities of organic chemicals, it is no!t likely to be subject to the NESHAPs requirements.

Mobile Sources
Title II of the CAA pertains to mobile sources, such as cars, trucks, buses, and planes. Reformulated gasoline, automobile pollution control devices, and vapor recovery nozzles on gas pumps are a few of the mechanisms EPA uses to regulate mobile air emission sources. Local governments may be subject to these standards if they operate vehicles or large fleets of vehicles, or conduct fueling operations.

Sulfur Dioxide/Nitrous Oxide Emissions
Title IV of the CAA establishes a sulfur dioxide nitrous oxide emissions program designed to reduce the formation of acid rain. Reduction of sulfur dioxide releases will be obtained by granting to certain sources limited emissions allowances, which, beginning in 1995, will be set below previous levels of sulfur dioxide releases. Local governments that operate municipal waste combustors, sewage sludge incinerators, or large boilers generators may be subject to these requirements.

Major Source Permit Program
Title V of the CAA of 1990 created a permit program for all "major sources" (and certain other sources) regulated under the CAA. One purpose of the operating permit is to include in a single document all air emissions requirements that apply to a given facility. States are developing the permit programs in accordance with guidance and regulations from EPA. Once a State program is approved by EPA, permits will be issued and monitored by that State.

Stratospheric Ozone Protection
Title VI of the CAA is intended to protect stratospheric ozone by phasing out the manufacture of ozone-depleting chemicals and restrict their use and distribution. Production of Class I substances, including 15 kinds of chlorofluorocarbons (CFCs) and chloroform, were phased out (except for essential uses) in 1996. Local governments that conduct vehicle or building air conditioner maintenance and repair are subject to these requirements.

Risk Management Planning
Local governments conduct activities that contribute to air pollution. Activities such as vehicle use and fueling, chemical storage and boiler operations are common to many of the operations of local government. Vehicle use contributes to ground level ozone and smog. Fueling operations may emit volatile organic compounds (VOCs). Chemical storage has the potential to emit hazardous air pollutants. Local governments may conduct these and other activities as part of their operations. These activities may be regulated under the Clean Air Act. While these and other activities contribute to air pollution, whether or not the activities are subject to Clean Air Act regulations will depend on the amount of pollutants the activity is generating, and the size of municipal operation. In general, large, urban local governments and governments near pristine areas such as national parks and wilderness areas will be subject t!o the most stringent Clean Air Act requirements. Table 5-2 presents the various local government operations that are subject to Clean Air Act requirements.

Table 5-2. Local Government Operations and Clean Air Act Requirements

 

Operations

Title I

Title II (Mobile Sources)

Title III

Title IV

(Acid Rain)

Title V (Operating Permits)

Title VI

(Strat. Ozone)

NAAQS

NSPS

NESHAPS

PSD

RMP

New construction of roads, bridges, tunnels

X

                

Maintenance and renovation of roads, bridges, and tunnels

 

  

X

  

 

      

 

Traffic management

        

 

    

X

  

New construction of buildings

X

      

 

 

 

    

Maintenance and repair of buildings

    

X

    

X

      

Demolition of buildings

X

 

X

 

  

X

 

X

X

Pesticide storage

  

 

    

 

X

      

Spill/release response of pesticides

  

 

      

X

      

Fire response/suppression (halons, solvents)

      

X

        

X

Emergency planning

          

X

      

Hazardous chemical inventory

    

 

  

 

X

      

Hazardous materials response

 

  

 

          

 

Emissions from photoprocessing chemicals

    

 

      

 

 

  

Lead dust releases

  

 

X

  

 

 

  

 

  

Solid waste collection

 

    

X

 

        

Landfill operation

X

X

X

  

X

 

      

Composting

        

 

X

      

Municipal waste combustion

  

X

X

X

    

X

    

Chemical storage/hazardous materials management at wastewater treatment operations

  

 

 

 

 

 

 

 

X

  

 

 

 

 

Flaring

  

  

  

 

          

Emissions from biosolids incinerators

            

X

    

Chemical storage/hazardous materials management at water treatment operations

      

 

 

 

X

      

Storage tank maintenance

      

 

 

 

      

Vehicle painting

      

 

  

 

      

Repairing air conditioners

    

 

          

X

Repairing exhaust systems

    

 

 

  

 

      

Washing vehicle parts

  

 

      

 

  

 

 

Fuel dispensing