Air Pollution: Non-Attainment Areas And Their Impact

what is a non attainment for pollution

In the United States, a non-attainment area is one that exceeds pollution limits for one or more of six criteria pollutants: ozone (O3), atmospheric particulate matter (PM2.5/PM10), lead (Pb), carbon monoxide (CO), sulfur oxides (SOx), and nitrogen oxides (NOx). These pollutants are known to have harmful effects on human health and the environment. The EPA Green Book provides detailed information about National Ambient Air Quality Standards (NAAQS) designations, classifications, and non-attainment status. Non-attainment areas are subject to additional regulations and requirements, such as the installation of the lowest achievable emission rate (LAER) and emission offsets, to improve air quality and protect public health.

What is a non-attainment area for pollution?

Characteristics Values
Definition An area that exceeds pollution limits for one or more criteria pollutants
Pollutants tracked Ozone (O3), atmospheric particulate matter (PM2.5/PM10), lead (Pb), carbon monoxide (CO), sulfur oxides (SOx), and nitrogen oxides (NOx)
Criteria pollutants Defined in the National Ambient Air Quality Standards (NAAQS), part of the Clean Air Act Amendments of 1970
EPA standards Primary (protect human health) and secondary (prevent impacts on infrastructure, agriculture, and public welfare)
NAAQS classifications Attainment/unclassifiable, unclassifiable, and nonattainment
Attainment status application Usually at the county level, occasionally at the township level
Non-attainment areas More stringent regulations for facilities emitting pollutants; industrial sources often targeted first
Nonattainment NSR requirements Installation of the lowest achievable emission rate (LAER), emission offsets, and opportunity for public involvement
LAER Most stringent emission limitation derived from implementation plans or achieved in practice by the source category
Emission offsets Reductions obtained from existing sources to offset emissions increase from a new source or modification and provide a net air quality benefit

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The Clean Air Act Amendments of 1970

In United States environmental law, a non-attainment area is a geographic area that exceeds pollution limits for one or more criteria pollutants and does not meet federal air quality standards. The Clean Air Act Amendments of 1970 (P.L. 91-604, Sec. 109) established the National Ambient Air Quality Standards (NAAQS), which set limits for six criteria pollutants: ozone (O3), atmospheric particulate matter (PM2.5/PM10), lead (Pb), carbon monoxide (CO), sulfur oxides (SOx), and nitrogen oxides (NOx). These pollutants are known to have harmful effects on human health and the environment.

The 1970 Amendments imposed eight criteria that an implementation plan must meet. State governments were required to establish SIPs, which outline how they plan to achieve and maintain NAAQS. The EPA is responsible for approving these plans, even if they are not technologically or economically feasible. The Amendments also authorized the EPA to regulate the chemical composition of transportation fuels, leading to the elimination of lead in U.S. gasoline, a significant public health achievement.

To ensure compliance with NAAQS, the Clean Air Act Amendments of 1970 established permit review requirements and enforcement mechanisms. State and tribal governments must recommend designations for areas within their jurisdiction based on air quality data, and the EPA awards classifications of attainment, unclassifiable, or nonattainment. Nonattainment areas are required to develop implementation plans to reduce pollution levels and meet NAAQS. The EPA Green Book provides detailed information and current status reports on designated nonattainment areas.

While the Clean Air Act Amendments of 1970 were a significant step forward, progress on attainment of NAAQS was slower than expected. Subsequent amendments were made to the Clean Air Act in 1977, 1990, and beyond to further strengthen air pollution control measures, address nonattainment areas, and protect air quality. These amendments included provisions for the Prevention of Significant Deterioration (PSD) of air quality, control of acid deposition (acid rain), and expanded authority for the federal government and the EPA.

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National Ambient Air Quality Standards (NAAQS)

The Clean Air Act Amendments of 1970 instruct the US Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS) to protect public health and welfare. The NAAQS define the maximum amount of a pollutant averaged over a specified period that can be present in the outdoor air without harming public health and, thus, what constitutes clean air.

The Clean Air Act identifies two types of NAAQS: primary standards and secondary standards. Primary standards provide public health protection, including protecting the health of "sensitive" populations such as asthmatics, children, and the elderly. Secondary standards provide public welfare protection, including protection against decreased visibility and damage to animals, crops, vegetation, and buildings. Federal law requires that all states attain the NAAQS. Nonattainment areas must develop plans to attain the NAAQS, and attainment areas must develop plans to maintain attainment.

The six principal pollutants ("criteria pollutants") that are regulated by the EPA through the NAAQS are: particulate matter, ozone, nitrogen oxides, sulfur oxides, carbon monoxide, and lead. These pollutants are common in outdoor air, considered harmful to public health and the environment, and come from numerous and diverse sources. The EPA regulates each criteria pollutant through two different standards, primary and secondary, and the standards are reviewed and sometimes revised at five-year intervals to ensure they are based on the most recent scientific findings.

The process of setting the NAAQS takes about five years and starts with a comprehensive review of the relevant scientific literature. The literature is summarized in a document called the Integrated Science Assessment (ISA). Based on the ISA, EPA staff perform a risk and exposure assessment, which is summarized in the Risk and Exposure Assessment (REA) document. The third document, the Policy Assessment (PA), integrates the findings and conclusions of the ISA and REA into a policy context and provides lines of reasoning that could be used to support retention or revision of the existing NAAQS. Each of these three documents is released for public comment and public peer review by the Clean Air Scientific Advisory Committee (CASAC). Members of CASAC are appointed by the EPA Administrator for their expertise in one or more of the subject areas covered in the ISA. Each document goes through two to three drafts before CASAC deems it final. Once all three documents are final, they are given to the EPA Administrator to use in selecting a proposed NAAQS, which is released through the Federal Register for public comment. Following the close of the comment period, the Administrator considers the comments received, makes changes to the proposed NAAQS if warranted, and publishes the final NAAQS in the Federal Register.

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Non-attainment areas and attainment areas

In the context of United States environmental law, a non-attainment area is a region that surpasses pollution limits for one or more criteria pollutants. These pollutants include ozone (O3), atmospheric particulate matter (PM2.5/PM10), lead (Pb), carbon monoxide (CO), sulfur oxides (SOx), and nitrogen oxides (NOx). These criteria pollutants are outlined in the National Ambient Air Quality Standards (NAAQS), which were established as part of the Clean Air Act Amendments of 1970. The Environmental Protection Agency (EPA) is responsible for regulating these pollutants through primary and secondary standards. Primary standards are designed to safeguard human health, especially for vulnerable populations like asthmatics, children, and the elderly. On the other hand, secondary standards aim to prevent adverse effects on infrastructure, agriculture, and public welfare.

Non-attainment areas are designated when an area's outdoor air exceeds the limit for a specific pollutant, as outlined in the NAAQS. It's important to note that an area can be a non-attainment area for one pollutant while simultaneously being an attainment area for others. However, due to the correlation between these pollutants, non-attainment areas often fail to meet multiple standards. For instance, nitrogen oxides and ozone levels are closely linked. When the EPA modifies or introduces new NAAQS, the Clean Air Act mandates that the agency assess whether these standards are met across the country.

State and tribal governments play a crucial role in the designation process. They are responsible for recommending classifications for areas within their jurisdiction based on air quality data. The EPA then reviews these recommendations and assigns one of three classifications: attainment/unclassifiable, unclassifiable, or nonattainment. Attainment/unclassifiable areas meet or exceed NAAQS standards, while unclassifiable areas lack sufficient data for a definitive judgment. Nonattainment areas, however, exceed the pollution limits set by the NAAQS.

When an area is designated as non-attainment, state and local governments are required to develop an implementation plan within three years. This plan, known as a State Implementation Plan (SIP), outlines the strategies to achieve the NAAQS and address the specific pollutant in question. The SIP must be submitted to the EPA for approval, and it may vary depending on local factors unique to each non-attainment area. Nonattainment NSR (New Source Review) requirements are also implemented, which include installing the lowest achievable emission rate (LAER), obtaining emission offsets, and facilitating public involvement.

It's worth noting that areas can transition between attainment and non-attainment statuses. This fluctuation is typically due to changes in the NAAQS for a particular pollutant rather than increases in emissions. For example, the ozone standard has been lowered over time, resulting in more areas being classified as non-attainment. Additionally, in urban regions, adjoining counties in non-attainment are often grouped together and referred to as Metropolitan Statistical Areas (MSAs). These MSAs are subject to collective regulations.

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State Implementation Plans (SIPs)

A non-attainment area is a designation for a location that violates the National Ambient Air Quality Standards (NAAQS). The NAAQS are federal standards for six principal pollutants considered harmful to public health and the environment: carbon monoxide, sulfur dioxide, ozone, nitrogen dioxide, lead, and particulate matter. The EPA Green Book provides detailed information about area NAAQS designations, classifications, and non-attainment status.

The SIP process begins with the state developing a plan to address the NAAQS for the six criteria pollutants. This includes control plans, regulations, inventories of emissions within the state, and transcripts of public involvement in the SIP development process. The state then submits the SIP to the Environmental Protection Agency (EPA) for approval. Once approved, the SIP is enforceable by both the state and the EPA.

There are several individual elements that can make up a complete SIP. Basic SIP requirements include emissions limits and other control measures, ambient air quality monitoring, a program for the enforcement of control measures, adequate resources to implement the SIP, and public notification and government consultation. These elements are commonly referred to as the "infrastructure" of the SIP. States must submit SIP revisions within three years of the promulgation of a new or revised NAAQS to certify that they have the elements in place to maintain the standards.

For example, the New York State Department of Environmental Conservation (NYSDEC) has submitted various SIP revisions to the EPA for approval, including the NYS Implementation Plan for Regional Haze and the NYS Implementation Plan for the Infrastructure Assessment for Nitrogen Dioxide. Similarly, South Carolina's SIP includes the initial SIP and accumulated amendments, with SCDES submitting amendments to the EPA for review and public comment before the EPA issues a final rule.

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Primary and secondary standards

In the United States, a non-attainment area is one that exceeds pollution limits for one or more criteria pollutants. These criteria pollutants include ozone (O3), atmospheric particulate matter (PM2.5/PM10), lead (Pb), carbon monoxide (CO), sulfur oxides (SOx), and nitrogen oxides (NOx). These pollutants are known to have harmful effects on human health and the environment. The EPA Green Book provides detailed information about National Ambient Air Quality Standards (NAAQS) designations, classifications, and non-attainment status.

The EPA has regulated each criteria pollutant through two different standards: primary and secondary. The primary standards are set at levels designed to protect human health, especially sensitive populations such as asthmatics, children, and the elderly. The aim is to ensure that these groups are protected from pollutants that can irritate airways, aggravate asthma, and cause respiratory infections.

The secondary standards, on the other hand, are set to prevent impacts on infrastructure, agriculture, and public welfare. These standards aim to protect against decreased visibility and damage to animals, crops, vegetation, and buildings. For example, elevated concentrations of SO2 in the atmosphere can contribute to particulate matter pollution, reduce visibility, and cause regional haze.

When an area is designated as a non-attainment area, state and local governments must develop an implementation plan to address the issue within three years. These plans, known as State Implementation Plans (SIPs), demonstrate the changes necessary to meet the NAAQS and identify the primary methods that will be implemented. The EPA reviews and approves these plans, which are supported by non-attainment area SIPs that are tailored to the unique local factors of each area.

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Frequently asked questions

In United States environmental law, a non-attainment area is an area that exceeds pollution limits for one or more criteria pollutants. These criteria pollutants are: ozone (O3), atmospheric particulate matter (PM2.5/PM10), lead (Pb), carbon monoxide (CO), sulfur oxides (SOx), and nitrogen oxides (NOx).

The six criteria pollutants are tracked due to their known harmful effects on human health and the environment. The criteria pollutants and their respective limits are defined in the National Ambient Air Quality Standards (NAAQS), which were part of the Clean Air Act Amendments of 1970.

When an area is deemed a non-attainment area, state and local governments are required to develop an implementation plan within three years. This plan must include the installation of the lowest achievable emission rate (LAER), emission offsets, and opportunities for public involvement.

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