State Implementation Plan

Last updated

A State Implementation Plan (SIP) is a United States state plan for complying with the federal Clean Air Act, administered by the Environmental Protection Agency (EPA). The SIP, developed by a state agency and approved by EPA, consists of narrative, rules, technical documentation, and agreements that an individual state will use to control and clean up polluted areas. [1]

Contents

Lowest achievable emissions rate

The Lowest achievable emissions rate (LAER) is used by the EPA to determine if emissions from a new or modified major stationary source are acceptable under SIP guidelines. LAER standards are required when a new stationary source is located in a non-attainment air-quality region. It is the most stringent air pollution standard above the best available control technology and reasonably available control technology standards.

Best available control technology

Best available control technology (BACT) is a pollution control standard mandated by the Clean Air Act:

..an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under this Act emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant. [2]

The EPA determines what air pollution control technology will be used to control a specific pollutant to a specified limit. When a BACT is determined, factors such as energy consumption, total source emission, regional environmental impact, and economic costs are taken into account. It is the current EPA standard for all polluting sources that fall under the New Source Review guidelines and is determined on a case-by-case basis.

The BACT standard is significantly more stringent than the reasonably available control technology standard but much less stringent than the lowest achievable emissions rate standard.

Reasonably available control technology

Reasonably available control technology (RACT) is a pollution control standard created by the EPA and is used to determine what air pollution control technology will be used to control a specific pollutant to a specified limit. RACT applies to existing sources in areas that are not meeting national ambient air quality standards on controlled air pollutants and is required on all sources that meet these criteria.

The RACT standard is less stringent than either the BACT or the LAER standard set forth by the EPA.

Example: Ohio State Implementation Plan

In Ohio, between 1970 and 1977, a rule in the Clean Air Act required a reduction in the measured sulfur dioxide (SO2) emitted by coal-fired power plants. The State Implementation Plan to decrease the SO2 emitted by such plants was to increase the height of the smokestacks on the plants. The result was that the SO2 was carried in the wind out of the state and there was a reduction in the measured SO2 in the area near the source.[ citation needed ] In the 1977 amendments to the Act, Congress restricted the use of tall smokestacks as a means to attain compliance in SIPs. [3] [4]

See also

Related Research Articles

<span class="mw-page-title-main">Pollutant</span> Substance or energy damaging to the environment

A pollutant or novel entity is a substance or energy introduced into the environment that has undesired effects, or adversely affects the usefulness of a resource. These can be both naturally forming or anthropogenic in origin. Pollutants result in environmental pollution or become public health concerns when they reach a concentration high enough to have significant negative impacts.

<span class="mw-page-title-main">Emissions trading</span> Market-based approach used to control pollution

Emissions trading is a market-based approach to controlling pollution by providing economic incentives for reducing the emissions of pollutants. The concept is also known as cap and trade (CAT) or emissions trading scheme (ETS). One prominent example is carbon emission trading for CO2 and other greenhouse gases which is a tool for climate change mitigation. Other schemes include sulfur dioxide and other pollutants.

The Clear Skies Act of 2003 was a proposed federal law of the United States. The official title as introduced is "a bill to amend the Clean Air Act to reduce air pollution through expansion of cap-and-trade programs, to provide an alternative regulatory classification for units subject to the cap and trade program, and for other purposes."

The National Emission Standards for Hazardous Air Pollutants (NESHAP) are air pollution standards issued by the United States Environmental Protection Agency (EPA). The standards, authorized by the Clean Air Act, are for pollutants not covered by the National Ambient Air Quality Standards (NAAQS) that may cause an increase in fatalities or in serious, irreversible, or incapacitating illness.

<span class="mw-page-title-main">National Ambient Air Quality Standards</span> US EPA limits on certain air pollutants

The U.S. National Ambient Air Quality Standards are limits on atmospheric concentration of six pollutants that cause smog, acid rain, and other health hazards. Established by the United States Environmental Protection Agency (EPA) under authority of the Clean Air Act, NAAQS is applied for outdoor air throughout the country.

New Source Performance Standards (NSPS) are pollution control standards issued by the United States Environmental Protection Agency (EPA). The term is used in the Clean Air Act Extension of 1970 (CAA) to refer to air pollution emission standards, and in the Clean Water Act (CWA) referring to standards for water pollution discharges of industrial wastewater to surface waters.

The best available technology or best available techniques (BAT) is the technology approved by legislators or regulators for meeting output standards for a particular process, such as pollution abatement. Similar terms are best practicable means or best practicable environmental option. BAT is a moving target on practices, since developing societal values and advancing techniques may change what is currently regarded as "reasonably achievable", "best practicable" and "best available".

<i>AP 42 Compilation of Air Pollutant Emission Factors</i>

The AP 42 Compilation of Air Pollutant Emission Factors is a compilation of the US Environmental Protection Agency (EPA)'s emission factor information on air pollution, first published in 1968. As of 2018, the last edition is the 5th from 2010.

The Acid Rain Program is a market-based initiative taken by the United States Environmental Protection Agency in an effort to reduce overall atmospheric levels of sulfur dioxide and nitrogen oxides, which cause acid rain. The program is an implementation of emissions trading that primarily targets coal-burning power plants, allowing them to buy and sell emission permits according to individual needs and costs. In 2011, the trading program that existed since 1995 was supplemented by four separate trading programs under the Cross-State Air Pollution Rule (CSAPR). On August 21, 2012, the United States Court of Appeals for the District of Columbia issued its Opinion and Order in the appeal of the Cross State Air Pollution Rule (CSAPR) for two independent legal reasons. The stay on CSAPR was lifted in October 2014, allowing implementation of the law and its trading programs to begin.

Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency (EPA), based on the provisions of United States laws. Parts of the regulation may be updated annually on July 1.

<span class="mw-page-title-main">Clean Air Act (United States)</span> 1963 United States federal law to control air pollution

The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws.

<span class="mw-page-title-main">Air quality law</span> Type of law

Air quality laws govern the emission of air pollutants into the atmosphere. A specialized subset of air quality laws regulate the quality of air inside buildings. Air quality laws are often designed specifically to protect human health by limiting or eliminating airborne pollutant concentrations. Other initiatives are designed to address broader ecological problems, such as limitations on chemicals that affect the ozone layer, and emissions trading programs to address acid rain or climate change. Regulatory efforts include identifying and categorising air pollutants, setting limits on acceptable emissions levels, and dictating necessary or appropriate mitigation technologies.

Alaska Dept. of Environmental Conservation v. EPA, 540 U.S. 461 (2004), is a US Supreme Court case clarifying the scope of state environmental regulators and the Environmental Protection Agency (EPA). In a 5–4 decision, the Supreme Court found the EPA has authority to overrule state agency decisions under the Clean Air Act that a company is using the "best available controlling technology" to prevent pollution.

The United States Environmental Protection Agency (EPA) began regulating greenhouse gases (GHGs) under the Clean Air Act from mobile and stationary sources of air pollution for the first time on January 2, 2011. Standards for mobile sources have been established pursuant to Section 202 of the CAA, and GHGs from stationary sources are currently controlled under the authority of Part C of Title I of the Act. The basis for regulations was upheld in the United States Court of Appeals for the District of Columbia in June 2012.

The California Statewide Truck and Bus Rule was initially adopted in December 2008 by the California Air Resources Board (CARB) and requires all heavy-duty diesel trucks and buses that operate in California to retrofit or replace engines in order to reduce diesel emissions. All privately and federally owned diesel-fueled trucks and buses, and privately and publicly owned school buses with a gross vehicle weight rating (GVWR) greater than 14,000 pounds, are covered by the regulation.

<span class="mw-page-title-main">Mobile source air pollution</span> Air pollution emitted by motor vehicles, airplanes, locomotives, and other engines

Mobile source air pollution includes any air pollution emitted by motor vehicles, airplanes, locomotives, and other engines and equipment that can be moved from one location to another. Many of these pollutants contribute to environmental degradation and have negative effects on human health. To prevent unnecessary damage to human health and the environment, environmental regulatory agencies such as the U.S. Environmental Protection Agency have established policies to minimize air pollution from mobile sources. Similar agencies exist at the state level. Due to the large number of mobile sources of air pollution, and their ability to move from one location to another, mobile sources are regulated differently from stationary sources, such as power plants. Instead of monitoring individual emitters, such as an individual vehicle, mobile sources are often regulated more broadly through design and fuel standards. Examples of this include corporate average fuel economy standards and laws that ban leaded gasoline in the United States. The increase in the number of motor vehicles driven in the U.S. has made efforts to limit mobile source pollution challenging. As a result, there have been a number of different regulatory instruments implemented to reach the desired emissions goals.

<span class="mw-page-title-main">United States regulation of point source water pollution</span> Overview of the regulation of point source water pollution in the United States of America

Point source water pollution comes from discrete conveyances and alters the chemical, biological, and physical characteristics of water. In the United States, it is largely regulated by the Clean Water Act (CWA). Among other things, the Act requires dischargers to obtain a National Pollutant Discharge Elimination System (NPDES) permit to legally discharge pollutants into a water body. However, point source pollution remains an issue in some water bodies, due to some limitations of the Act. Consequently, other regulatory approaches have emerged, such as water quality trading and voluntary community-level efforts.

Environmental Defense v. Duke Energy Corporation, 549 U.S. 561 (2007), is a United States Supreme Court case in which the Court held that while a term may be used more than once in a statute, an agency has the discretion to interpret each use of the term in a different way based on the context. It involved the Environmental Defense Fund and Duke Energy. In a unanimous decision, the court held in favor of the plaintiff's argument.

Utility Air Regulatory Group v. Environmental Protection Agency, 573 U.S. 302 (2014), was a US Supreme Court case regarding the Environmental Protection Agency's regulation of air pollution under the Clean Air Act.

References

  1. “Early Implementation of the Clean Air Act of 1970 in California.” EPA Alumni Association. Video, Transcript (see p6). July 12, 2016.
  2. United States. Clean Air Act, section 169(3). "Definitions." 42 U.S.C.   § 7479(3)
  3. Clean Air Act, section 123. "Stack heights." 42 U.S.C.   § 7423
  4. Reitze, Arnold W. Jr. (2005). Stationary Source Air Pollution Law. Washington, DC: Environmental Law Institute. p. 97. ISBN   9781585760916.