Clean Air Handbook / Hunton Andrews Kurth LLP.

Format:

Book

Author/Creator:

Hunton Andrews Kurth LLP (Richmond, Virginia), author.

Language:

English

Subjects (All):

Air--Pollution--Law and legislation--United States.

Air.

Physical Description:

1 online resource (411 pages)

Edition:

First edition.

Place of Publication:

Lanham, Maryland : Bernan Press, [2023]

Summary:

Revised to include several recent and important Clean Air Act developments, this completely updated fifth edition of the Clean AirHandbook provides you with a broad overview of all the complex regulatory requirements of the Act and its amendments.

Contents:

Cover

Clean Air Handbook

Copyright Page

Contents

PREFACE

Chapter 1: FEDERAL-STATE PARTNERSHIP: AN OVERVIEW OF THE CLEAN AIR ACT

I. The Air Quality Act of 1967

II. The 1970 Clean Air Act

III. The 1977 Clean Air Act Amendments

IV. Efforts to Implement the Programs of the 1977 Clean Air Act Amendments

A. The NAAQS/SIP Program

B. New Source Control Programs

C. Specific Pollution Concerns

1. Hazardous Air Pollutants

2. Visibility Protection

3. Regional and International Air Pollution

V. The 1990 Clean Air Act Amendments

VI. New Directions in Air Pollution Regulation

Notes

Chapter 2: NATIONAL AMBIENT AIR QUALITY STANDARDS

I. National Ambient Air Quality Standards

A. The Statutory Requirements

B. The Current Standards

II. Overview of the General State Implementation Plan Program

A. Minimum Substantive Requirements for All SIPs

B. Additional Requirements for Nonattainment Area SIPs

1. General Requirements for Nonattainment Area SIPs

2. SIP Requirements for Ozone Nonattainment Areas (Subpart 2 of Part D)

3. SIP Revisions for CO Nonattainment Areas (Subpart 3 of Part D)

4. SIP Revisions for PM Nonattainment Areas (Subpart 4 of Part D)

5. SIP Revisions for SO2, NO2, and Lead Nonattainment Areas (Subpart 5 of Part D)

C. Procedural Requirements for SIPs

1. EPA Action on New or Revised SIPs

2. Sanctions for Inadequate SIP Submittals or Implementation

3. Consequences of Failure to Meet Attainment Deadlines

D. SIP Revision After Promulgation of a More Stringent NAAQS

III. EPA Rules Addressing Interstate Transport

A. The NOx SIP Call and Related Rules

B. EPA Action on State Petitions

Chapter 3: CONTROL TECHNOLOGY REGULATION

I. Control Technology Requirements for New Sources

A. New Source Performance Standards.

B. New Source Permits and Control Technology Review

1. The Best Available Control Technology Standard

2. The Lowest Achievable Emission Rate Requirement

II. Control Technology Regulation of Existing Sources Through the "Reconstruction" and "Modification" Rules

A. The Reconstruction Rule

B. The Modification Rule

1. The Modification Rule Before 1976

2. The "Major Modification" Rule

3. The WEPCo Decision

4. The WEPCo Rule

C. Changes to the Reconstruction and Modification Rules Made by the 1990 Amendments

1. The Clean Coal Technology Program

2. The Nonattainment Program

3. The Air Toxics Program

4. The Operating Permit Program

D. The NSR Enforcement Initiative

E. Environmental Defense v. Duke Energy Corp.

F. The 2002 NSR Reform Rule and Related Litigation

G. Subsequent NSR Reform Efforts

H. Conclusion

III. Control Technology Requirements for Existing Sources

A. "Reasonably Available Control Technology" in Nonattainment Areas

B. "Best Available Retrofit Technology" Near National Parks

C. "Maximum Achievable Control Technology" for Air Toxics

D. Existing Source Performance Standards

Chapter 4: OPERATING AND PRECONSTRUCTION PERMITTING PROGRAMS

I. The Operating Permit Program

A. Applicability

B. Development of State Permit Programs

C. Permit Applications

D. Permit Issuance

E. EPA, Public and Affected State Participation in the Permit Process

1. EPA Review

2. Public Involvement

3. Participation of Affected States

F. Protections Afforded by an Operating Permit: The Permit Shield

G. Renewal, Reopening, and Revision of the Title V Operating Permit

1. Renewal

2. Reopening

3. Revision

H. Achieving Operational Flexibility

I. Permit Fees

J. The Title V Performance Task Force

II. Other Operating Permit Requirements.

A. Compliance Assurance Monitoring

B. Permit Requirements of the Acid Rain Program

C. Permit Requirements of the Air Toxics Program

1. Source-Specific Emission Standards

2. Early Reductions

3. State Programs and Delegation of EPA Authority

D. State Operating Permit Programs

III. New Source Review (Nsr) Preconstruction Permits

A. The PSD Program

1. The Applicability Determination

2. Best Available Control Technology

3. Air Quality Issues

4. Permissible Preconstruction Activities

B. The NNSR Program

2. The "Lowest Achievable Emission Rate" Requirement

C. EPA, Public, and Affected State Participation With Respect to State-Issued Preconstruction Permits

1. EPA Oversight

2. Public Participation

D. The Plantwide Applicability Limitation Program

1. What is a PAL?

2. Determining the PAL Level

3. Term of the PAL

E. Resource Materials for Permit Applicants

F. Combined Title V/Preconstruction Permit Programs

Chapter 5: HAZARDOUS AIR POLLUTANTS

I. Listed Air Toxics

A. Additions/Deletions by EPA

B. Petitions to Modify

II. Sources Covered

A. Major Sources

B. Area Sources

C. Reclassification of Sources

D. Deleting Sources from the List of Source Categories

III. Standards for Regulation of Air Toxics

A. Technology-Based Standards

1. MACT Standards

2. GACT Standards

3. Deadlines for Development of Standards

4. Interim Technology-Based Standards

B. Work Practice Standards

C. Residual Risk Standards

D. Preexisting Standards

E. Compliance Deadlines Under Standards

IV. Implementation of the Air Toxics Program

A. General Provisions

1. Potential to Emit

2. Monitoring and Testing Requirements.

3. Operation and Maintenance Requirements157

4. Recordkeeping and Reporting Requirements

B. Title V Permits

C. State Air Toxics Programs Under Section 112(l)

D. Combined "Risk and Technology Review"

E. Statutory Provisions Addressing Specific Source Types

1. Electric Utility Steam Generating Units

2. Oil and Gas Wells

3. RCRA Facilities

V. Accidental Release Prevention

A. Substances Covered

B. The General Duty Clause

C. Accidental Release Regulations

1. Statutory Requirements for Regulations

2. EPA's Regulations-40 C.F.R. Part 68

VI. Imminent and Substantial Endangerment

A. Chemical Process Safety Management

B. Chemical Safety Hazard Investigation Board

VII. Study Provisions

A. The Mercury Studies

B. The Great Waters Study

C. Hydrofluoric Acid

D. Risk Assessment and Management Commission

Chapter 6: VISIBILITY PROTECTION

I. Background

II. The Regional Haze Regulatory Program

A. The Regional Planning Organizations

B. BART

C. Reasonable Progress

D. Rulemaking and Litigation Regarding Plans for the First Implementation Period

E. Reliance on Other EPA Rules To Satisfy BART Obligations

F. Rulemaking, Guidance, and Litigation Regarding the Second Planning Period

Chapter 7: CLIMATE CHANGE

I. CAA Authority to Regulate GHG Emissions

II. EPA'S First Efforts to Regulate GHG Emissions Under the Act

A. The GHG Reporting Rule

B. EPA's Advance Notice of Proposed Rulemaking

C. The Endangerment Finding

III. Regulation of GHG Emissions From Mobile Sources and Fuels Under Title II of the Clean Air Act

A. The California Waiver

B. Federal-State-Automobile Manufacturers' Agreement and Standards for Light-Duty Vehicles

C. Light-Duty Vehicle Standards

D. Heavy-Duty Vehicle Standards

E. Renewable Fuel Standard Program.

F. Aircraft Standards

IV. Regulating GHGs Under the Act's Prevention of Significant Deterioration (PSD) and Title V Permitting Programs

A. In re: Deseret Power Electric Cooperative

B. The PSD Interpretive Memorandum and "Timing Rule"

C. The Tailoring Rule

D. The PSD SIP Call and FIPs

V. Litigation Challenging the Endangerment Finding, the 2010 Light-Duty Vehicle Tailpipe Rule, the Timing Rule, and the Tailoring Rule

A. Coalition for Responsible Regulation, Inc. v. EPA

B. Utility Air Regulatory Group v. EPA

C. Texas v. EPA

D. Ongoing Challenges to the Endangerment Finding

VI. New Source Performance Standards For Ghg Under Section 111

A. Electric Generating Units

1. Standards for New Sources Under Section 111(b)

2. Existing Source Performance Standards

B. Oil and Natural Gas Sector

C. Revisions to EPA's Implementing Regulations for Emission Guidelines for Existing Source Performance Standards

VII. Pending Petitions for Rulemaking Under Other Clean Air Act Provisions

VIII. The Inflation Reduction Act

Chapter 8: MOBILE SOURCES

I. Mobile Source Emission Standards

A. State Regulatory Authority: California and the Preemption Waiver

B. Primary Contributors: Cars and Light Trucks

1. Standards for Smog, Soot, and Other Pollution

2. Standards for Greenhouse Gas Emissions

3. New Multipollutant Standards for Model Years 2027 and Later

4. Additional Requirements

C. Heavy-Duty Vehicles and Engines

3. Additional Requirements

D. Nonroad Sources: From Chainsaws and Lawnmowers to Planes and Trains

E. Aircraft

F. Crosscutting Approach to Emission Reductions

1. Certification

2. Assembly Line Testing

3. In-Use Testing and Recall Authority.

II. The Regulation of Fuels.

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-64143-426-0