Air Pollution Laws: Enforcing Particulate Matter Standards

Air pollution is a pressing issue that poses a threat to human health and the environment. It is caused by various human activities, including industry, energy production, domestic heating, agriculture, and transportation, and can lead to serious illnesses such as asthma, cardiovascular problems, and lung cancer. To combat this, several laws and regulations have been implemented to enforce particulate matter air pollution standards and reduce the negative impacts on human health and the environment. These regulations include the Clean Air Act (CAA) in the United States and various EU laws and policies aimed at improving air quality and protecting human health. The CAA sets limits on air pollutants and regulates emissions from stationary and mobile sources, while the EU has established ambient air quality standards and targets for reducing emissions of air pollutants.

The Clean Air Act (CAA)

The CAA has been amended several times since its enactment to address evolving environmental challenges. The 1970 version of the Act is the one most often referred to as the Clean Air Act. The 1977 amendments required the EPA to conduct a "new source review" process to determine if certain activities rise to the level of modification requiring the application of New Source Performance Standards (NSPS).

The 1990 amendments were significant in addressing four major threats to the environment and public health: acid rain, urban air pollution, toxic air emissions, and stratospheric ozone depletion. These amendments also established a national operating permits program and strengthened enforcement mechanisms. As a result of these amendments, the CAA ozone program was created to phase out the use of chemicals harmful to the ozone layer, in line with the Montreal Protocol. The Acid Rain Program (ARP), the first cap-and-trade emissions program in the US, was also established under these amendments to reduce sulfur dioxide and nitrogen oxide emissions from power plants.

The CAA authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and welfare by regulating hazardous air pollutants. The NAAQS set standards for specific pollutants in outdoor air, including ground-level ozone, particulate matter, carbon monoxide, lead, sulfur dioxide, and nitrogen dioxide. The EPA's regulations are designed to be flexible, allowing industries to choose their methods of controlling emissions while holding them accountable for achieving emissions reductions.

The Act has been instrumental in reducing air pollution, preventing hundreds of thousands of serious health issues annually, and saving trillions of dollars and countless lives. Since 1990, fine particulate matter pollution has declined by approximately 41%, contributing to a significant improvement in air quality and a corresponding decline in environmentally-related respiratory illnesses.

EU clean air policy

The EU's clean air policy aims to improve air quality and tackle air pollution to protect the environment and human health. Poor air quality is the leading cause of premature death across the EU, and it also damages ecosystems. The EU's clean air policy is based on three pillars:

• Ambient air quality standards: The EU has established standards for air quality that must be achieved by all member states. These standards aim to reduce the number of premature deaths and sicknesses caused by air pollution and protect ecosystems and biodiversity.
• National reduction commitments: The EU has set national reduction targets for five main air pollutants, including particulate matter.
• Transboundary air pollution cooperation: The EU cooperates with strategic partners to address air pollution that crosses borders.

The EU's clean air policy package, announced in 2013, includes a "Clean Air Programme for Europe" with short-term and long-term objectives. The short-term objectives focus on meeting existing targets by 2020, while the long-term objectives aim to improve air quality by 2030. The package also includes three legislative proposals on emissions and air pollution, with stricter standards and measures to reduce the health and environmental impacts of air pollution.

To support the implementation of clean air policies, the EU provides financial assistance to member states. The EU's zero-pollution ambition, outlined in the European Green Deal, aims to protect citizens and ecosystems from the harmful effects of air pollution.

In the United States, the Clean Air Act (CAA) is the primary federal legislation addressing air quality. The CAA gives the Environmental Protection Agency (EPA) the authority to regulate air pollutants and set limits on certain pollutants, including particulate matter. The CAA also regulates emissions from various sources, including vehicles, chemical plants, utilities, and steel mills.

Air Enforcement

Air pollution is a pressing issue that has been addressed through various laws and regulations. The Clean Air Act (CAA) is a comprehensive federal law that plays a pivotal role in regulating air emissions from stationary and mobile sources. This includes the regulation of vehicle emissions, with limits on hydrocarbons (HC), carbon monoxide (CO), nitrogen oxides (NOx), and particulates for diesel vehicles. The CAA also establishes National Ambient Air Quality Standards (NAAQS) to safeguard public health and welfare, targeting six major pollutants: ozone (O3), particulate matter (PM), carbon monoxide (CO), sulfur dioxide (SO2), nitrogen dioxide (NO2), and lead (Pb).

The Office of Air and Radiation (OAR) is instrumental in developing national programs, policies, and regulations to combat air pollution and radiation exposure. Additionally, individual states or tribes may implement their own air pollution laws, as long as they meet or exceed the standards set by the Environmental Protection Agency (EPA). For instance, the State of Illinois has adopted stringent standards for lead and particulate matter, with a focus on particles measuring 10 micrometers or smaller (PM10).

To enforce these regulations, operating permits serve as legally enforceable documents issued to air pollution sources. The EPA also establishes emission standards, known as "maximum achievable control technology" (MACT) standards, which mandate the highest degree of reduction in hazardous air pollutant emissions from major sources. These standards are outlined in Section 112 of the Clean Air Act, emphasizing the reduction of hazardous air pollutants.

Furthermore, the RACT/BACT/LAER Clearinghouse (RBLC) is a valuable database that provides case-specific information on the "Best Available" air pollution technologies. This resource assists in reducing emissions from stationary sources. Overall, the combination of federal laws, state regulations, and enforcement mechanisms contributes to the ongoing efforts to mitigate air pollution, particularly concerning particulate matter, and to protect public health and the environment.

Air Pollution Control Code (Air Code)

The Air Pollution Control Code, or Air Code, is a set of policies, standards, and regulations designed to address air pollution in New York City. The goal of the Air Code is to preserve, protect, and improve the city's air resources, ensuring that all individuals are entitled to air that is not harmful to their life, health, and enjoyment of property.

The Air Code is enforced by the New York City Department of Environmental Protection (DEP), which is responsible for updating and enforcing the regulations outlined in the code. The DEP works alongside other city agencies to implement air quality initiatives and address the various forms of air pollution that can negatively impact the health and quality of life of New Yorkers.

The Air Code covers a range of activities that have the potential to contribute to air pollution. For example, businesses in the construction industry and commercial, cultural, and manufacturing establishments that may produce smoke, soot, dust, fumes, gases, or odours from fuel-burning equipment or industrial processes are required to comply with the Air Code.

One specific regulation mentioned in the Air Code is the requirement for dry cleaners to post a notice informing the public about the chemicals used in their dry cleaning process. This regulation is outlined in the Guide to NYC DEP Permitting Requirements for NYC Dry Cleaners, which provides forms for posting, such as PERC and non-PERC notices.

In addition to local regulations, such as the Air Code in New York City, there are also federal laws in place to address air pollution. The Clean Air Act, codified in the U.S. Code, establishes national standards and guidelines for air quality and pollution control. It includes provisions for emission standards, noise pollution, permits, and stratospheric ozone protection, among other topics. The Act has undergone amendments over the years, such as the 1990 Amendments, which repealed Part B and replaced it with Title VI – Stratospheric Ozone Protection.

National Ambient Air Quality Standards (NAAQS)

The United States National Ambient Air Quality Standards (NAAQS) are limits on the atmospheric concentration of six pollutants that cause smog, acid rain, and other health hazards. These six criteria air pollutants (CAP) or criteria pollutants, are:

• Ozone (O3)
• Atmospheric particulate matter (PM2.5/PM10)
• Lead (Pb)
• Carbon monoxide (CO)
• Sulfur oxides (SOx) or sulfur dioxide (SO2)
• Nitrogen oxides (NOx) or nitrogen dioxide (NO2)

These pollutants are typically emitted from many sources in industry, mining, transportation, electricity generation, and agriculture. In many cases, they are the products of the combustion of fossil fuels or industrial processes.

The Clean Air Act (CAA) requires the US Environmental Protection Agency (EPA) to set NAAQS for these six principal pollutants, which are common in outdoor air, considered harmful to public health, and come from numerous and diverse sources. The CAA was last amended in 1990, and the EPA must set two types of NAAQS: primary and secondary standards. The primary standards are designed to protect the health of ''sensitive' populations such as asthmatics, children, and the elderly. The secondary standards are concerned with protecting the environment and address visibility, damage to crops, vegetation, buildings, and animals.

The EPA sets limits on certain air pollutants, including setting limits on how much can be in the air anywhere in the United States. The CAA also gives the EPA the authority to limit emissions of air pollutants from sources like chemical plants, utilities, and steel mills. Individual states or tribes may have stronger air pollution laws, but they may not have weaker pollution limits than those set by the EPA. The CAA also mandates controls on air pollution from mobile sources by regulating both the composition of fuels and emission-control components on motor vehicles and non-road engines.

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