HOME Air To view animated ozone maps go to http://www.epa.gov/airnow and select Ozone Levels To see ozone forecasts for tomorrow go to http://www.epa.gov/airnow and select Air Quality Forecast
Court Throws Out NSR Rule Change March 16, 2006 - - The U.S. Court of Appeals for the District of Columbia Circuit, siding with 5 states, several cities, and environmental groups, ruled that EPA would violate the Clean Air Act and could not go ahead with a 2003 rule that would have allowed power plants and factories to modernize without having to upgrade their pollution controls. The rule change sought by the EPA provided ways for "stationary sources of air pollution," such as power plants, refineries and factories, to avoid triggering a Clean Air Act requirement for new pollution-control equipment if they made any physical change" that increased emissions. Under the Clean Air Act routine maintenance, repair and replacement of plant equipment do not constitute changes requiring the new devices. The proposed change would have expanded the exemption to include upgrades that did not exceed 20 percent of the value of the plant, regardless of whether they resulted in increased emissions. The states that sued the EPA over the proposed rule change were New York, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, Pennsylvania, Rhode Island, Vermont and Wisconsin. Cities included Washington, D.C., New York and San Francisco Interstate Air Quality Rule EPA proposed the Interstate Air Quality Rule on January 30, 2004, which focuses on reducing emissions of sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury from states whose SO2 and NOx emissions are significantly contributing to fine particle and ozone pollution problems in other downwind states. The proposed Interstate Air Quality Rule would cover 29 states in the Eastern United States and the District of Columbia. In a separate but closely related action, EPA proposed the Utility Mercury Reductions Rule for controlling mercury emissions from power plants. Together, the Interstate Air Quality Rule proposal and mercury proposal create a multi-pollutant strategy to improve air quality throughout the U.S. EPA Drops Utility Clean Air Lawsuits The Environmental Protection Agency's summer 2003 decision to ease New Source Review (NSR) enforcement rules has predictably led to a November closing of up to 70 pending investigations of power plants suspected of violating the Clean Air Act. Under NSR, electric power plants and refineries built before 1970 do not have to install expensive, modern scrubbers during routine maintenance, but must do so if they make major modifications that extend the life of the plant and increases emissions. The new rules expand the definition of routine maintenance. AAEA opposed the NSR rule change. The better solution to this problem is the passage of the Clear Skies Initiative. Instead of the certainty the utilities seek, the rule change and investigation closure will lead to more litigation and confusion. Instead of the installation of scrubbers the traditional environmental groups seek, the continued litigation and confusion will only further delay the plant retrofits. A legislative adjustment to the Clean Air Act via CSI provides legitimacy, certainty and replicates the successful Acid Rain Program. The 1970 Clean Air Act Needs Adjustments The Clean Air Act has significantly improved air quality, but air pollution is still a very serious problem. The Clean Air Act has become complex and contentious. Some components of the law have worked very well, some have not worked and others have stalled in stakeholder litigation: -
SO2 Allowance Trading. Almost everyone agrees that the sulfur dioxide (SO2) allowance-trading program for electric utilities is a success. The trading program provided the incentive and flexibility to accelerate and realize technological change. CSI seeks to replicate this success. -
Motor vehicle (mobile source) emissions (hydrocarbons, CO2, volatile organic compounds (VOCs), and NOx) have been reduced through catalytic converters and reformulated gasoline, but retention of older vehicles, dramatic increases in the total number of vehicles and a recent ban on the oxygenate additive methyl tertiary butyl ether (MTBE) have all compromised improvements and virtually every metropolitan region in the U.S. is a clean air nonattainment area. Vehicle inspection and maintenance and high occupancy vehicle (HOV) lanes are important but do not significantly reduce emissions. -
Point Source Emissions Reductions: New Source Review (NSR) has created a bias against plant retrofit and turnover, leaving dirtier industrial plants in place. NSR has also led to considerable litigation. -
SIP Process. The State Implementation Plan process has been ineffective. Many states and regions will be in violation of the Clean Air Act when deadlines (SIP Calls) are due in 2004 and 2005. Penalties for violating clean air SIP include losing highway funds, a ban on certain new building permits and federal take-over of clean air planning. -
NAAQS. The National Ambient Air Quality Standards establishes criteria for setting clean air standards. Although EPA has tightened standards for ozone and PM, it will move regions from ‘serious’ to ‘severe’ categories.
SCRs - - Selective Catalytic Reducers The SCR technology consists of injecting ammonia into boiler flue gas and passing it through a catalyst bed where the NOx and ammonia react to form nitrogen and water vapor.
North Carolina Has Tough Clean Air Law Gov. Easley signed the "Clean Smokestacks" bill into law on Thursday, June 20, 2002. The new law is designed to clean up power plant pollution. This law significantly reduces air pollution from NC's 14 coal-fired power plants that were exempted from installing modern pollution controls under the federal Clean Air Act. This new policy will have significant public health benefits in North Carolina over the next ten years, especially those who suffer from asthma, emphysema and other respiratory diseases, the effects of which are worsened by air pollution. The Clean Smokestacks Bill has a strict emissions cap that coal-fired power plants, the largest source of the state's air pollution, must meet by 2013. Under the law, these power plants, the largest source of the state's air pollution, will reduce smog-forming nitrogen oxide pollution by 78% and soot-forming sulfur-dioxide pollution by 74% from 1998 levels. Finally, many scientists expect that these pollution reductions cuts will also result in a 66% reduction in mercury emissions. Senate Bill 1078 (Session Law 2002-4) requires investor-owned utilities that operate coal-fired power plants that collectively emitted more than 75,000 tons of NOx in 2000, to reduce annual emissions to no more than 35,000 tons beginning January 1, 2007, and 31,000 tons two years later. Owners of power plants emitting less than 75,000 tons of NOx would be required to reduce annual emissions to a maximum of 25,000 tons beginning January 1, 2007. For sulfur dioxide, the legislation requires investor-owned utilities that operate coal-fired power plants that collectively emitted more than 225,000 tons of SO2 in 2000, to reduce annual emissions to no more than 150,000 tons beginning January 1, 2009, and to a maximum of 80,000 tons by January 1, 2013. For those utilities emitting less than 225,000 tons of SO2, the limits are 100,000 tons and 50,000 tons per year by the same respective dates. The Clean Smokestacks Bill also: - Restricts the sale of pollution credits to states downwind of North Carolina,
- Directs the state to study the feasibility of regulating mercury and global warming emissions, and
- Compels the state to use its resources to convince surrounding states to make similar pollution reductions.
The American Lung Association has published the 2003 version of the
annotated bibliography of selected studies of the health effects of
ozone and particulate air pollution.
A copy of the bibliography is available online at:
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